 

Supporting Statement for

EPA Information Collection Request Number 1773.08

(OMB Control Number 2050-0171)

“New and Amended Reporting and Recordkeeping Requirements for

National Emission Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors”

August 2,  2005   Contents

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc109636434"  1.
IDENTIFICATION OF THE INFORMATION COLLECTION	  PAGEREF _Toc109636434 \h 
1  

  HYPERLINK \l "_Toc109636435"  1(a). 	TITLE AND NUMBER OF THE
INFORMATION COLLECTION	  PAGEREF _Toc109636435 \h  1  

  HYPERLINK \l "_Toc109636436"  1(b). 	SHORT CHARACTERIZATION/ABSTRACT	 
PAGEREF _Toc109636436 \h  1  

  HYPERLINK \l "_Toc109636437"  2.	NEED FOR AND USE OF THE COLLECTION	 
PAGEREF _Toc109636437 \h  2  

  HYPERLINK \l "_Toc109636438"  3.	NONDUPLICATION, CONSULTATIONS, AND
OTHER COLLECTION CRITERIA	  PAGEREF _Toc109636438 \h  2  

  HYPERLINK \l "_Toc109636439"  3(a). 	NONDUPLICATION	  PAGEREF
_Toc109636439 \h  2  

  HYPERLINK \l "_Toc109636440"  3(b). 	PUBLIC NOTICE REOUIRED PRIOR TO
ICR SUBMISSION TO OMB	  PAGEREF _Toc109636440 \h  3  

  HYPERLINK \l "_Toc109636441"  3(c). 	CONSULTATIONS	  PAGEREF
_Toc109636441 \h  3  

  HYPERLINK \l "_Toc109636442"  3(d). 	EFFECTS OF LESS FREQUENT
COLLECTION	  PAGEREF _Toc109636442 \h  3  

  HYPERLINK \l "_Toc109636443"  3(e).	GENERAL GUIDELINES	  PAGEREF
_Toc109636443 \h  3  

  HYPERLINK \l "_Toc109636444"  3(f).	CONFIDENTIALITY	  PAGEREF
_Toc109636444 \h  4  

  HYPERLINK \l "_Toc109636445"  3(g). 	SENSITIVE QUESTIONS	  PAGEREF
_Toc109636445 \h  4  

  HYPERLINK \l "_Toc109636446"  4.	RESPONDENTS AND THE INFORMATION
COLLECTED	  PAGEREF _Toc109636446 \h  4  

  HYPERLINK \l "_Toc109636447"  4(a). 	RESPONDENTS AND NAICS CODES	 
PAGEREF _Toc109636447 \h  4  

  HYPERLINK \l "_Toc109636448"  4(b). 	INFORMATION COLLECTED	  PAGEREF
_Toc109636448 \h  5  

  HYPERLINK \l "_Toc109636449"  FACILITIES SUBJECT TO THESE REGULATIONS	
 PAGEREF _Toc109636449 \h  5  

  HYPERLINK \l "_Toc109636450"  STANDARDS FOR HAZARDOUS WASTE BURNING
INCINERATORS, LIGHTWEIGHT AGGREGATE KILNS, CEMENT KILNS, LIQUID FUEL
BOILERS, SOLID FUEL BOILERS, AND HCL PRODUCTION FURNACES (Sections
63.1219-63.1221, Sections 63.1216-63.1218	  PAGEREF _Toc109636450 \h  5 


  HYPERLINK \l "_Toc109636451"  COMPLIANCE WITH THE STANDARDS AND
OPERATING REQUIREMENTS (Section 63.1206)	  PAGEREF _Toc109636451 \h  6  

  HYPERLINK \l "_Toc109636452"  PERFORMANCE TESTING REQUIREMENTS
(Section 63.1207)	  PAGEREF _Toc109636452 \h  14  

  HYPERLINK \l "_Toc109636453"  MONITORING REQUIREMENTS (Section
63.1209)	  PAGEREF _Toc109636453 \h  20  

  HYPERLINK \l "_Toc109636454"  CMS Performance Evaluations	  PAGEREF
_Toc109636454 \h  22  

  HYPERLINK \l "_Toc109636455"  NOTIFICATION REQUIREMENTS (Section
63.1210)	  PAGEREF _Toc109636455 \h  31  

  HYPERLINK \l "_Toc109636456"  RECORDKEEPING AND REPORTING REQUIREMENTS
(Section 63.1211)	  PAGEREF _Toc109636456 \h  37  

  HYPERLINK \l "_Toc109636457"  COMPLIANCE DATE BE EXTENDED TO INSTALL
POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS	  PAGEREF
_Toc109636457 \h  41  

  HYPERLINK \l "_Toc109636458"  QUALITY ASSURANCE PROCEDURES FOR
CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS	 
PAGEREF _Toc109636458 \h  42  

  HYPERLINK \l "_Toc109636459"  MISCELLANEOUS REQUIREMENTS	  PAGEREF
_Toc109636459 \h  45  

  HYPERLINK \l "_Toc109636460"  5.	THE INFORMATION COLLECTED -- AGENCY
ACTIVITIES, COLLEGION METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF
_Toc109636460 \h  46  

  HYPERLINK \l "_Toc109636461"  5(a). 	AGENCY ACTIVITIES	  PAGEREF
_Toc109636461 \h  46  

  HYPERLINK \l "_Toc109636462"  COMPLIANCE WITH THE STANDARDS AND
OPERATING REQUIREMENTS	  PAGEREF _Toc109636462 \h  46  

  HYPERLINK \l "_Toc109636463"  PERFORMANCE TESTING REQUIREMENTS	 
PAGEREF _Toc109636463 \h  48  

  HYPERLINK \l "_Toc109636464"  MONITORING REQUIREMENTS	  PAGEREF
_Toc109636464 \h  48  

  HYPERLINK \l "_Toc109636465"  NOTIFICATION REQUIREMENTS	  PAGEREF
_Toc109636465 \h  51  

  HYPERLINK \l "_Toc109636466"  RECORDKEEPING AND REPORTING REQUIREMENTS
  PAGEREF _Toc109636466 \h  52  

  HYPERLINK \l "_Toc109636467"  COMPLIANCE DATE BE EXTENDED TO INSTALL
POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS	  PAGEREF
_Toc109636467 \h  52  

  HYPERLINK \l "_Toc109636468"  QUALITY ASSURANCE PROCEDURE FOR
CONTINUOUS EMISSIONS	  PAGEREF _Toc109636468 \h  52  

  HYPERLINK \l "_Toc109636469"  MONITORS USED FOR HAZARDOUS WASTE
COMBUSTORS	  PAGEREF _Toc109636469 \h  52  

  HYPERLINK \l "_Toc109636470"  MISCELLANEOUS REQUIREMENTS	  PAGEREF
_Toc109636470 \h  52  

  HYPERLINK \l "_Toc109636471"  5(b).	COLLECTION METHODOLOGY AND
MANAGEMENT	  PAGEREF _Toc109636471 \h  53  

  HYPERLINK \l "_Toc109636472"  5(c). 	SMALL ENTITY FLEXIBILITY	 
PAGEREF _Toc109636472 \h  53  

  HYPERLINK \l "_Toc109636473"  5(d). 	COLLECTION SCHEDULE	  PAGEREF
_Toc109636473 \h  53  

  HYPERLINK \l "_Toc109636474"  6.	ESTIMATING THE BURDEN AND COST OF THE
COLLECTION	  PAGEREF _Toc109636474 \h  54  

  HYPERLINK \l "_Toc109636475"  6(a). 	RESPONDENT BURDEN	  PAGEREF
_Toc109636475 \h  54  

  HYPERLINK \l "_Toc109636476"  6(b). 	RESPONDENT COSTS	  PAGEREF
_Toc109636476 \h  54  

  HYPERLINK \l "_Toc109636477"  6(c). 	AGENCY BURDEN AND COST	  PAGEREF
_Toc109636477 \h  55  

  HYPERLINK \l "_Toc109636478"  6(d). 	RESPONDENT UNIVERSE AND TOTAL
BURDEN AND COSTS	  PAGEREF _Toc109636478 \h  55  

  HYPERLINK \l "_Toc109636479"  RESPONDENT UNIVERSE	  PAGEREF
_Toc109636479 \h  55  

  HYPERLINK \l "_Toc109636480"  TOTAL BURDEN AND COSTS	  PAGEREF
_Toc109636480 \h  57  

  HYPERLINK \l "_Toc109636481"  WHO IS SUBJECT TO THESE REGULATIONS	 
PAGEREF _Toc109636481 \h  57  

  HYPERLINK \l "_Toc109636482"  STANDARDS FOR HAZARDOUS WASTE BURNING
INCINERATORS, CEMENT KILNS, AND LIGHTWEIGHT AGGREGATE KILNS	  PAGEREF
_Toc109636482 \h  57  

  HYPERLINK \l "_Toc109636483"  COMPLIANCE WITH THE STANDARDS AND
OPERATING REQUIREMENTS	  PAGEREF _Toc109636483 \h  57  

  HYPERLINK \l "_Toc109636484"  PERFORMANCE TESTING REQUIREMENTS	 
PAGEREF _Toc109636484 \h  59  

  HYPERLINK \l "_Toc109636485"  MONITORING REQUIREMENTS	  PAGEREF
_Toc109636485 \h  60  

  HYPERLINK \l "_Toc109636486"  NOTIFICATION REQUIREMENTS	  PAGEREF
_Toc109636486 \h  62  

  HYPERLINK \l "_Toc109636487"  RECORDKEEPING AND REPORTING REQUIREMENTS
  PAGEREF _Toc109636487 \h  63  

  HYPERLINK \l "_Toc109636488"  COMPLIANCE DATE BE EXTENDED TO INSTALL
POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS	  PAGEREF
_Toc109636488 \h  64  

  HYPERLINK \l "_Toc109636489"  QUALITY ASSURANCE PROCEDURES FOR
CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS	 
PAGEREF _Toc109636489 \h  64  

  HYPERLINK \l "_Toc109636490"  MISCELLANEOUS REQUIREMENTS	  PAGEREF
_Toc109636490 \h  65  

  HYPERLINK \l "_Toc109636491"  6(e). 	BOTTOM LINE BURDEN HOUR AND COST
TABLES	  PAGEREF _Toc109636491 \h  65  

  HYPERLINK \l "_Toc109636492"  6(g). 	BURDEN STATEMENT	  PAGEREF
_Toc109636492 \h  65  

 

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a). 	TITLE AND NUMBER OF THE INFORMATION COLLECTION 

This Information Collection Request (ICR) is entitled “New and Amended
Reporting and Recordkeeping Requirements for National Emission Standards
for Hazardous Air Pollutants from Hazardous Waste Combustors,” EPA ICR
Number # 1773.08 (OMB Control Number 2050-0171).

1(b). 	SHORT CHARACTERIZATION/ABSTRACT

  SEQ CHAPTER \h \r 1 The United States Environmental Protection Agency
is promulgating “Maximum Achievable Control” (MACT) standards for
hazardous waste combustors (HWCs).  This includes hazardous waste
burning incinerators, cement kilns, lightweight aggregate kilns,
industrial and commercial / institutional boilers, and hydrochloric acid
production furnaces.  

The MACT standards for the “Phase I” hazardous waste burning source
categories -- incinerators, cement kilns, and lightweight aggregate
kilns -- will replace the “interim standards” promulgated for these
source types on February 13 and 14, 2002 (see 67 FR 6792 and 67 FR
6968).  As background, EPA originally finalized a rule on September 30,
1999 (64 FR 52828) establishing MACT standards for the Phase I sources
(40 CFR Part 63, Subpart EEE).  A number of parties, representing
interests of both industrial sources and of the environmental community,
sought judicial review of the rule.  On July 24, 2001, the U.S. Court of
Appeals for the District of Columbia Circuit vacated challenged portions
of the rule.  Part of the settlement agreement to the challenge included
development of the “interim standards”, which would be followed up
by a “replacement” MACT rule by the year 2005 (which is covered by
this rulemaking). These final standards are now being promulgated.

The emission standards for “Phase II” hazardous waste burning
industrial and institutional / commercial boilers and hydrochloric acid
(HCl) production furnaces are currently regulated under RCRA (40 CFR
Part 66).  MACT standards for these Phase II facilities are now being
promulgated on a similar basis as the Phase I  HWCs.

 

We note that the existing approved ICR (1773.06) accounts for the
existing burden on Phase I facilities (Incinerators, Cement Kilns, and
Lightweight Aggregate Kilns), while the existing approved ICR number
1361.09 accounts for the existing burden on Phase II facilities (Boilers
and HCl Production Furnaces).

We have calculated in this ICR # 1773.08 the total burden on Phase I
units after the rule promulgation, as well as the incremental burden due
to this MACT rule (over and above what is accounted for in the existing
approved ICR #1361.09 for Phase II units. The incremental burden (from
the current status quo) for the MACT rule is then obtained by
subtracting the existing accounted for burden in ICR # 1773.06.  

The final MACT Replacement Rule requires HWCs to perform testing and
monitoring and submit various reports and perform recordkeeping
activities in order to demonstrate compliance with emission standards. 
Much of the information is kept on-site at the facilities; some is also
submitted to the EPA or the delegated state agency.  Facilities and EPA
use the data to ensure compliance with MACT standards.

In summary, this ICR estimates recordkeeping and reporting burden
(additional to the ICR # 1773.06) as a result of the proposed MACT
Replacement Rule of:

For the regulated community, 50,188 hours per year. The incremental
annual start-up and O& M Costs will be $92,341 and $1,248,804
respectively.

 For EPA, 13,127 hours per year.

(Please see sections 6(e) and 6(f) for a more detailed explanation)

2.	NEED FOR AND USE OF THE COLLECTION

2(a). 	NEED AND AUTHORITY FOR THE COLLECTION

The EPA, under authority of Section 112 of the Clean Air Act, is
establishing national emissions standards for hazardous air pollutants
for hazardous waste burning incinerators, cement and lightweight
aggregate kilns, boilers and HCl Production Furnaces.  The main purpose
of the Clean Air Act is to protect and enhance the quality of the
Nation’s air resources, and to promote the public health and welfare
and the productive capacity of the population.  To this end, Sections
112(a) and (d) of the Clean Air Act direct EPA to set standards for
hazardous air pollutants.  The records and reports required by the
information collection are used to show compliance with the standards.

2(b). 	PRACTICAL UTILITY AND USERS OF THE DATA

The data collected for HWC system operations and testing is used by
facility owners and operators and EPA or the implementing agency.  Data
maintained in records are used to monitor results of testing,
inspections, and the operation of air pollution control systems, as well
as to demonstrate compliance with regulations.  Notifications and
submitted monitoring data are used by EPA or the implementing agency to
evaluate construction or reconstruction plans, test and operating plans,
test results, facility operation, and whether facilities qualify for
certain exemptions and alternative monitoring/testing methods.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a). 	NONDUPLICATION

The information collections covered in this ICR are not available from
sources other than the respondents.  No other Federal agency collection
satisfies the statutory requirements of Section 112 of the Clean Air
Act.  None of this information is duplicative of other information
collected by other EPA offices or other Federal agencies.

3(b). 	PUBLIC NOTICE REOUIRED PRIOR TO ICR SUBMISSION TO OMB

In compliance with the Paperwork Reduction Act of 1995 (PRA), EPA has
issued a public notice in the Federal Register at proposal (69 FR 21359,
April 20, 2004) detailing the burden hours and costs associated with the
proposed rule for hazardous waste combustors, and requested comments to
be submitted to EPA or the Office of Management and Budget (OMB). An ICR
# 1773.07 was also prepared and placed in the rule docket.  No comments
were received in response to this notice. In the final rule also, EPA is
detailing the burden hours and costs associated with the final rule and
will appropriately address any comments that are received.

3(c). 	CONSULTATIONS

EPA has made efforts to consult with the regulated community,
stakeholders, the general public, State and industry officials, and
appropriate Federal agencies in the development of the HWC MACT
Replacement Rule, and the consequent burden imposed due to its various
provisions.  Several meetings have been held with the stakeholders, in
particular through their trade associations (including the Cement Kiln
Recycling Coalition, American Chemistry Council (previously known as the
Chemical Manufacturers Association), Environmental Technology Council),
and Coalition of Responsible Waste Incineration).  Since some of the
regulated facilities are owned by other agencies of the Federal
government (including the Department of Defense and the Department of
Energy), EPA also held similar consultations with them.  Details of
these meetings are a part of the administrative record of the MACT
Replacement Rule and are contained in the rule dockets.

3(d). 	EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the burden imposed upon the regulated
community by the regulations.  The Agency is confident that whose
activities required of respondents are necessary, and to the extent
possible, minimize the burden imposed. EPA believes that, if the minimal
requirements specified under the regulations are not met, EPA will be
unable to fulfill its Congressional mandate to protect public health and
the environment. Additionally, efforts were made to integrate
monitoring, compliance testing, and recordkeeping requirements of the
CAA and RCRA so that the facilities are able to avoid the burden of
duplicate submissions under two potentially different regulatory
compliance schemes.

3(e).	GENERAL GUIDELINES 

This ICR adheres to the guidelines stated in the Paperwork Reduction Act
of 1995; OMB’s implementing regulations, EPA’s “Information
Collection Request Handbook,” and other applicable OMB guidance.  It
is necessary for facilities to retain records for five (5) years for EPA
to ensure compliance with the regulations.  The recordkeeping burden for
such a requirement is not significant.

3(f).	CONFIDENTIALITY

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define
EPA’s general policy on the public disclosure of information, contain
provisions for confidentiality.  However, the Agency does not anticipate
that businesses will assert a claim of confidentiality covering the
information collection requirements in this ICR.  If such claim is made,
EPA will treat the information in accordance with the regulations cited
above.  EPA also has ensured that this information collection complies
with the Privacy Act of 1974 and OMB Circular 108.

3(g). 	SENSITIVE QUESTIONS

No questions of a sensitive nature are included in any of the
information collection requirements.

4.	RESPONDENTS AND THE INFORMATION COLLECTED

4(a). 	RESPONDENTS AND NAICS CODES

The following is a list of North American Industry Classification System
(NAICS) codes associated with industries most likely to be affected by
the information collection requirements covered in this ICR:

2123 	Non-metallic Mineral Mining

2211 	Electric Power Generation

22132 	Sewage Treatment Facilities

3241 	Petroleum and Coal Products 

3271 	Clay Product and Refractory 

3231 	Printing and Related Support

3251 	Basic Chemical Manufacturing

3252 	Resin, Synthetic Rubber, Plastic 

3253 	Pesticide and Fertilizer

3255	Paint, Coating, Adhesive

3259 	Other Chemical Products

3271 	Cement Block and Brick

3273 	Cement and Concrete Product

3274 	Lime and Gypsum Product 

3279 	Other Nonmetallic Material 

3327 	Machine Shops; Turned Products 

3328	Coating, Engraving, Heat

3329 	Other Fabricated Metal Product

3332 	Industrial Machinery 

3335 	Metalworking Machinery

3339	Other General Purpose Equipment Manufacturing

3341 	Computer and Peripheral

3342	Communications Equipment

3343	Audio and Video Equipment

3344	Semiconductor

3361	Motor Vehicle Manufacturing

3362	Motor Vehicle Body and Trailer

3363	Motor Vehicle Parts

4227	Petroleum Wholesalers

45431	Fuel Dealers

5622	Waste Treatment and Disposal

5629	Remediation and Other Waste

4(b). 	INFORMATION COLLECTED

FACILITIES SUBJECT TO THESE REGULATIONS

(i) Data items

All hazardous waste combustors -- hazardous waste burning cement kilns
(CKs), hazardous waste incinerators, hazardous waste burning lightweight
aggregate kilns (LWAKs), hazardous waste burning liquid and solid fuel
boilers, and hazardous waste burning HCl Production Furnaces -- are
subject to this rule and will read the 40 CFR Part 63, Subparts A and
EEE regulations.  The universe of affected facilities is covered in
detail in section 6(d) of this document below.

(ii) Respondent activities

Read 40 CFR Part 63, Subparts A and EEE

STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, LIGHTWEIGHT
AGGREGATE KILNS, CEMENT KILNS, LIQUID FUEL BOILERS, SOLID FUEL BOILERS,
AND HCL PRODUCTION FURNACES (Sections 63.1203-63.1205, Sections
63.1216-63.1218, and 63.1219-63.1221)

Replacement MACT standards for hazardous waste burning incinerators,
lightweight aggregate kilns, and cement kilns (Phase I units) are
covered in Sections 63.1219 through 63.1221. MACT Standards for liquid
fuel boilers, solid fuel boilers, and HCl Production Furnaces are
covered in Sections 63.1216 through 63.1218. For Phase I sources the
Standards specified in section 63.1203 through 63.1205 apply until
compliance with the replacement standards. The MACT Standards apply to
the following HAPs: particulate matter (PM), CO (carbon monoxide)/HC
(hydrocarbons), total chlorine (hydrogen chloride (HCl)  and Chlorine
gas (Cl2)), semivolatile metals (cadmium and lead), low volatile metals
(chromium, arsenic, and beryllium), PCDD/PCDF (dioxins and furans),
mercury, and DRE (destruction and removal efficiency).  

Additional recordkeeping or reporting requirements associated with these
activities are discussed in the various sections below.

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS (Section
63.1206)

Compliance with Alternative MACT Standards

(i) Data items

Under Section 63.1206(b)(1)(ii), when hazardous waste is not in the
combustion chamber (i.e., the hazardous waste feed to the combusted has
been cutoff-for a period of time not less than the hazardous waste
residence time), HWCs may elect to show compliance with other applicable
MACT standards (such as non hazardous waste burning cement kiln,
lightweight aggregate kiln, or incinerator MACT standards). 
Specifically, they must document in the operating record compliance with
other applicable MACT requirements in lieu of the HWC MACT emission
standards and operating requirements of Subpart EEE.

(ii) Respondent activities

When hazardous waste is not in the combustion chamber, document in the
operating record compliance with other applicable MACT requirements in
lieu of the requirements of HWC MACT Subpart EEE.

Extension of Compliance with Emission Standards

(i) Data items

Under Sections 63.1206(b)(4), 63.6(i), 63.1213, and 63.9(c), HWCs may
request EPA for an extension of compliance with the emission standards
of Subpart EEE.  Section 63.6(i)(4) allows up to one (1) additional year
to comply with the standard.  The request for the one-year extension
shall be submitted not later than four (4) months before the affected
source’s compliance date.

In addition, under Section 63.6(i)(5), existing sources that have
installed best available control technology (BACT) or technology
required to meet lowest achievable emission rate (LAER) prior to the
MACT rule may request that the EPA grant an extension allowing the
source five (5) years from the date on which such installation was
achieved to comply with the standard.  Any request for the five-year
extension must be submitted not later than 120 days after the
promulgation date of the standard.

As required by Section 63.6(i)(6), any request for an extension of
compliance must include the following information:

A description of the controls to be installed to comply with the
standard; 

A compliance schedule;

A description of emission control steps that will be taken during the
into the extension period;

Whether the source is also requesting an extension of other applicable
requirements; and

For the five-year extension, all information needed to demonstrate the
effectiveness of the installation of BACT or technology to meet LAER.

Under Section 63.10(d)(4), affected sources required to submit progress
reports as a condition of receiving an extension of compliance must
submit such report to the EPA by the dates specified in the written
extension of compliance.

(ii) Respondent activities

Prepare and submit a request for an extension of compliance; and 

Prepare and submit a progress report, as applicable.

Changes in Design, Operation, or Maintenance 

(i) Data items 

Under Section 63.1206(b)(5)(i), if a HWC plans to change the design,
operation, or maintenance practices of the source in a manner that may
adversely affect compliance with any emission standard that is not
monitored with a CEMS, the HWC must notify EPA at least 60 days prior to
the change, unless circumstances are documented that dictate such prior
notice is not feasible. The notification must include:

A description of the changes and which emission standards may be
affected; and

A comprehensive performance test schedule and test plan that will
document compliance with the affected emission standards.

The HWC must conduct a comprehensive performance test to document
compliance with the affected emission standards, establish operating
parameter limits, and submit to the EPA a Notification of Compliance
under Sections 63.1207(j) and 63.1210(d).

Additionally, if it is determined that a change will not adversely
affect compliance with the emission standards or operating requirements,
the HWC must document the change in the operating record upon making
such change.  The performance test plan, Documentation of Compliance,
Notification of Compliance, and start-up, shutdown, and malfunction plan
must be revised, as necessary, to reflect these changes.

Additionally, under Section 63.1206(b)(5)(i)(C), a request may be made
to burn hazardous waste for more than 720 hours for purposes other than
testing or pre-testing, after making a change in the design or operation
that could affect compliance with the emission standards and prior to
submitting a revised Notification of Compliance.

(ii) Respondent activities

Prepare and submit a notification of change in design, operation, or
maintenance; 

Conduct a comprehensive performance test to document compliance with
emissions standards and establish operating limits;

Document change in the operating record if it is determined that the
change will not adversely affect compliance with emission standards or
operating requirements;

Revise, as necessary, the performance test plan, Documentation of
Compliance, Notification of Compliance, and start-up, shutdown, and
malfunction plan to reflect changes that will not adversely affect
compliance with emission standards or operating requirements; and

Request approval to burn hazardous waste for additional operating time
after change has been made.

Use of Previous DRE Test Results to Demonstrate Compliance with the MACT
DRE Standard

(i) Data items

Under Section 63.1206(b)(7), previous collected DRE test results may be
used to demonstrate compliance with the DRE standard.

(ii) Respondent activities

If a source chooses to submit previous DRE data from testing for a
purpose other than RCRA permit issuance or re-issuance in lieu of
conducting a new DRE test, the source must document that the quality of
the previous data are suitable for a compliance demonstration.

Applicability of Particulate Matter and Opacity Standards during
Particulate Matter CEMS Correlation Tests

(i) Data items

Under Section 63.1206(b)(8), any particulate matter and opacity
standards at 40 CFR 60, 61, 63, 264, 165, and 266 that are applicable to
a HWC do not apply while sources conduct particulate matter continuous
emissions monitoring system (CEMS) correlation tests (i.e., correlation
with manual stack methods).  Sources must develop a particulate matter
CEMS correlation test plan that includes the following information:

Number of test conditions and number of runs for each test condition; 

Target particulate matter emission level for each test condition; 

How the source plans to modify operation to attain the desired
particulate matter emission levels; and

Anticipated normal particulate matter emission levels.

Under Section 63.1206(b)(8)(iii)(B), the test plan must be submitted to
EPA for approval at least 90 calendar days before the correlation test
is scheduled to be conducted.

A waiver of the PM and opacity standards during PM CEMS correlation
tests may be requested beyond the standard allowed time of 96 hours.

(ii) Respondent activities

Prepare and submit a particulate matter CEMS correlation test plan.

If desired, prepare and submit a waiver request for additional hours of
PM CEMS correlation testing beyond the standard 96 hours.

Hazardous Waste Residence Time

(i) Data items

Under 63.1206(b)(11), HWCs must document the hazardous waste residence
time in the operating record, and include it in the comprehensive
performance test plan, Documentation of Compliance, and Notification of
Compliance.

(ii) Respondent activities

Include the hazardous waste residence time in the operating record, test
work plan, and Documentation and Notification of Compliance documents.

Startup, Shutdown, and Malfunction Plan 

(i) Data items

Under Sections 63.1206(c)(2) and 63.6(e)(3), HWCs must develop and
implement a written Startup, Shutdown, and Malfunction Plan that
describes procedures for operating and maintaining the source during
periods of startup, shutdown, and malfunction.  It also contains a
program of corrective action for malfunctioning process and air
pollution control equipment that is used to comply with the relevant
standard.  The plan must also identify all routine or otherwise
predictable CMS malfunctions.  The plan must be developed by the
source’s compliance date.  The SS&M plan must be submitted to the
Administrator for review and approval.

When actions taken during a startup, shutdown, or malfunction (including
actions taken to correct a malfunction) are consistent with the
procedures specified in the affected source’s SS&M Plan, the source
must keep records for that event that demonstrate that the procedures
specified in the plan were followed.  These records may take the form of
a “checklist” or other effective form of recordkeeping that confirms
compliance with the SS&M Plan for that event. 

If an action taken is not consistent with the procedures specified in
the plan, the source must report such actions within 2 working days of
commencing actions inconsistent with the plan, followed by a letter
within 7 working days after the end of the event.

The startup, shutdown, and malfunction provisions exempt sources from
the Subpart EEE emission standards and operating requirements during
startup, shutdown, and malfunctions.  The rule continues to subject
sources to RCRA requirements during malfunctions, unless they comply
with alternative MACT requirements including expanding the startup,
shutdown, and malfunction plan to minimize the frequency and severity of
malfunctions, and submit the plan to the delegated CAA authority for
review and approval.  Sources that burn hazardous waste are also subject
during startup and shutdown to RCRA requirements for startup and
shutdown, unless they comply with alternative MACT requirements, and
requires them to include waste feed restrictions and operating
conditions and limits in the startup, shutdown, and malfunction plan. 
Sources are also required to include in the startup, shutdown, and
malfunction plan a requirement to comply with the automatic hazardous
waste feed cutoff system during startup, shutdown, and malfunctions.

Also, during malfunctions, for each set of 10 exceedences of an emission
standard or operating requirement while hazardous waste remains in the
combustion chamber during a 60-day block period, a written report must
be submitted within 45 calendar days of the 10th exceedance detailing
the results of the investigation and corrective measures taken.

Also, after ESV openings that are not malfunctions and which occur when
waste is in the combustion chamber, the source must document whether it
remains in compliance with applicable standards, and submit a report if
there is noncompliance within 5 days of the event.

The source must keep the written SS&M Plan on record for the life of the
affected source or until the affected source is no longer subject to the
provisions of 40 CFR Part 63.  The plan is to be made available for
inspection by the EPA, upon request. In addition, if the plan is
revised, the source must keep previous versions of the plan on record
for a period of 5 years after each revision to the plan.

Under Section 63.1206(c)(2)(ii)(C) changes to the plan that may increase
HAP emissions must be requested in writing within 5 days of making the
change.

(ii) Respondent activities

Develop, submit, and implement, a Startup, Shutdown, and Malfunction
Plan, and have it reviewed and approved by the Administrator (or
alternatively, contain procedures in the RCRA permit); 

Request approval in writing from EPA within 5 days after making a change
to the Startup, Shutdown, and Malfunction Plan that will significantly
increase emissions of hazardous air pollutants;

Make the plan available for inspection, if requested by the EPA; 

Keep the plan on record for the life of the affected source or until the
affected source is no longer subject to the provisions of 40 CFR Part
63; and 

Keep previous versions of the plan on record for a period of 5 years
after each revision, if the plan is revised.

Automatic Waste Feed Cutoffs (AWFCO) 

(i) Data items

Under Section 63.1206(c)(3)(v), if there is an exceedance of an emission
standard or operating requirement after any AWFCO, irrespective of
whether hazardous waste is in the combustion chamber, HWCs must:

Investigate the cause of the AWFCO;

Take appropriate corrective measures to minimize future AWFCOs; and 

Record the findings and corrective measures in the operating record.

Section 63.1206(c)(3)(vi) requires that, for each set of 10 exceedances
of an emission standard or operating requirement while hazardous waste
remains in the combustion chamber during a 60-day block period, a
written report must be submitted within 5 calendar days of the 10th
exceedance detailing the results of the investigation and corrective
measures taken.

Section 63.1206(c)(3)(vii) requires that the AWFCO system and associated
alarms must be tested at least weekly to verify operability, unless it
is documented in the operating record that weekly inspections will
unduly restrict or upset operations and that less frequent inspection
will be adequate. At a minimum, operability testing must be conducted at
least monthly. AWFCO operability test procedures and results must be
documented and recorded in the operating record.

Section 63.1206(c)(3)(viii) allows for ramping down the waste feedrate
of pumpable hazardous waste over a period not to exceed one minute.
Sources electing to ramp down the waste feed must document ramp down
procedures in the operating and maintenance plan.  The procedures must
specify that the ramp down begins immediately upon initiation of
automatic waste feed cutoff and the procedures must prescribe a bona
fide ramping down.

(ii) Respondent activities

Investigate the cause of an AWFCO, take appropriate corrective measures
to minimize future AWFCOs, and record the findings and corrective
measures in the operating record;

Develop and submit a written report documenting excessive exceedances
(i.e., a set of 10 excellences during a 60-day block period) and result
of the investigation and corrective measures taken;

Test the AWFCO system and associated alarms weekly and document and
record AWFCO operability test procedures and result in the operating
record; 

Document in the operating record that weekly inspections will unduly
restrict or upset operations;

Test the AWFCO system monthly and document and record AWFCO operability
test procedures and result in the operating record; and

Document in the operating and maintenance plan ramp down procedures, as
applicable.

ESV Openings 

(i) Data items

Under Section 63.1206(c)(4)(ii), HWCs must develop an emergency safety
valve (ESV) plan, comply with the plan, and keep the plan in the
operator record.  Additionally, Section 63.1206(c)(4)(iii) requires
that, after any ESV opening that is not a malfunction and which occurs
when hazardous waste is in the combustion chamber, the HWC must:

Investigate the cause of the ESV opening;

Take appropriate corrective measures to minimize such future ESV
openings, and Record the findings and corrective measures in the
operating record;

Document whether the source remains in compliance with applicable
standards; and

Submit a written report to the Administrator if there is non-compliance
(within 5 days of the ESV opening).

(ii) Respondent activities

Develop an ESV plan and keep the plan in the operating record; 

Investigate the cause of the ESV openings, take appropriate corrective
measures to minimize such future ESV openings, and record the findings
and corrective measures in the operating record; and

Document whether the ESV caused non-compliance with applicable emissions
standards.

Develop and submit a written report within 5 days of the event
documenting the ESV opening and result of the investigation and
corrective measures taken if non-compliance with applicable emissions
standards.

Combustion System Leaks

(i) Data items

Under Section 63.1206(c)(5), combustion system leaks of hazardous air
pollutants must be controlled by either:

Keeping the combustion zone sealed to prevent combustion system leaks;
or 

Maintaining the maximum combustion zone pressure lower than ambient
pressure using an instantaneous monitor (as determined on a site
specific basis); or

Upon prior written approval of the EPA, an alternative means of control
to provide control of combustion system leaks equivalent to maintenance
of combustion zone pressure lower than ambient pressure.

The method used for control of combustion system leaks must be specified
in the operating record, and also included in the comprehensive
performance test plan and Notification of Compliance.

(ii) Respondent activities

Prepare and submit a request to use an alternative means of control to
provide control of combustion system leaks; and

Specify in the operating record and comprehensive performance test plan
the method used for control of combustion system leaks.

Operator Training and Certification

(i) Data items

Under Section 63.1206(c)(6), HWCs must establish a training and
certification program for all categories of personnel whose activities
may reasonably be expected to directly affect emissions of hazardous air
pollutants from the source.

The training and certification program may be developed on a site
specific basis, and must follow EPA prescribed training topics (and
likely will follow the ASME developed operating training and
certification program).  Each training program must be of a technical
level commensurate with the person’s job duties specified in the
training manual.  The operator training and certification program must
be recorded in the operating record.

Control room operators are required to be on duty at source at all times
the source is in operation.  Control room operators must complete an
annual review or refresher course as well.

(ii) Respondent activities

Develop an operator training and certification program (or adopt the
ASME program) and record the program in the operating record.

Implement the program.

Keep records    of personnel training and certification.

Operating and Maintenance Plan

(i) Data items

Section 63.1206(c)(7) requires HWC’s to prepare and at all times
operate according to an operation and maintenance plan.  The operating
and maintenance plan must describe in detail procedures for operation,
inspection, maintenance, and corrective measures for all components of
the combustor, including associated pollution control equipment, that
could affect emissions of regulated hazardous air pollutants.

The plan must prescribe how the HWC will operate and maintain the
combustor in a manner consistent with good air pollution control
practices for minimizing emissions at least to the levels achieved
during the comprehensive performance test.  The plan must be recorded in
the operating record.

For units with fabric filters, a “bag leak” detectors that meet the
specifications in 63.1206 (c )  (8) (ii) or a particulate matter
detector system that meets the specification in 63.1206 (c ) (9)must be
used to show compliance as part of the operating and maintenance plan. 
The device must be equipped with an audible alarm. The OMP must outline
procedures to follow in the event that the alarm limit is exceeded. EPA
must be notified when excessive bag leak detection system exceedances
occur. (Specifically if the alarm set point is exceeded more than 5% of
the time in any six month block period).

For units with electrostatic precipitator or ionizing wet scrubbers,
continuous particulate matter detection systems must be used if
alternate site-specific operating limits are not requested and approved
under Section 62.1209(m)(1)(iv). The device must be equipped with an
audible alarm. The OMP must outline procedures to follow in the event
that the alarm limit is exceeded. EPA must be notified when excessive
bag leak detection system exceedances occur. (Specifically if the alarm
set point is exceeded more than 5% of the time in any six month bloc
period). The PM detector may be correlated during the comprehensive
performance test. Additional correlation tests are required annually or
once every three years depending on the results of the first two tests
(see 63.1206 (l)(2))

(ii) Respondent activities

Prepare an operation and maintenance plan and record the plan in the
operating record.

Use bag leak detectors (or PM detectors) for all units with fabric
filters.

For units with ESP or IWSs, use continuous PM detectors if not complying
with alternative operating parameter limits.

Take corrective action in case the alarm limit is exceeded. Document
exceedences and corrective action taken.

Notify EPA about excessive bag leak detector exceedences.

For units equipped with PM detectors, conduct confirmatory correlation
testing.

PERFORMANCE TESTING REQUIREMENTS (Section 63.1207)

Comprehensive Performance Test

(i) Data items

Under Section 63.1207(b)(1), HWCs must conduct comprehensive performance
testing to demonstrate compliance with MACT Replacement Rule emission
standards provided by Sections 63.1203A, 63.1204A, 63.1205A, 63.1216,
63.1217, and 63.1218; establish limits for the operating parameters
provided by Section 63.1209; and demonstrate compliance with the
performance specifications for continuous monitoring systems.  The
initial comprehensive performance test must begin no later than 12
months after the compliance date for Phase I sources, and 6 months for
Phase II sources.  The comprehensive performance testing is required
every 5 years.

Under Section 63.1207(d)(3) the HWC may request additional time (beyond
the 60 days after commencement) to complete testing if time is needed
for reasons beyond the sources control.

Under Section 63.1207(e)(2), the approved comprehensive performance test
plan must be made available to the public (through public notice to
persons on the facility public mailing list) no later than 60 days
before the initiation of the test.

Under Section 63.1207(h)(2), current operating parameter limits may be
requested to be waived during pre-testing for more than the standard 720
hours.

Under Section 63.1207(l)(3)), after a failure of a comprehensive
performance test, HWCs may request to burn hazardous waste for more than
the standard 720 hours for purposes other than testing or pre-testing.

Units that are not subject to a numerical PCDD/PCDF standard – HCl
Production Furnaces, solid boilers and liquid boilers that do not have a
dry air pollution control system – must conduct a single PCDD/PCDF
performance test (or use previous PCDD/PCDF emissions test measurements
if they have sufficient data quality and are representative of current
operations).

Additionally, for all PCDD/PCDF testing, it may be requested to use
Method 23 as an alternative to Method 23A.

(ii) Respondent activities

Perform comprehensive performance testing every five years.

Request a 60 day time extension to complete testing.

Request additional time to waive current operating parameter limits for
pre-testing.

Request to burn hazardous waste after a failed compliance test for
reasons other than pre-testing or testing.

Make the approved test plan available to the public, and issue a public
notice.

Confirmatory Performance Test

(i) Data items

Confirmatory performance testing is required mid-way between
comprehensive performance testing.  Testing is required only for
demonstration with the PCDD/PCDF standard.

(ii) Respondent activities

Conduct confirmatory performance testing at intervals mid-way between
the comprehensive performance testing.

Request to operate under wider operating range for a parameter during
confirmatory performance testing.

Data in Lieu of the Initial Comprehensive Performance Test 

(i) Data items

Under Section 63.1207(c)(2), HWCs may request that previous emissions
test data serve as documentation of conformance with the emission
standards of Subpart EEE, provided that the previous testing:

Meets sufficient quality assurance requirements;

Was conducted after 54 months prior to the compliance date;

Is in conformance with operations during testing requirements for
comprehensive performance testing (Section 63.1207(g)(1)); and

Is sufficient to establish the applicable operating parameter limits
under Section 63.1209.

(ii) Respondent activities

Prepare and submit a request that previous emissions test data serve as
documentation of conformance with emission standards.

Notification of Performance Test and CMS Performance Evaluation, and
Approval of Test Plan and CMS Performance Evaluation Plan 

(i) Data items

Under Sections 63.1207(e), 63.9(e), and 63.9(g), HWCs must submit a
notification to the EPA of their intention to conduct a performance test
60 days before the test is scheduled to begin.  In the event the source
is unable to conduct the performance test on the date specified in the
notification requirement, the source shall notify the EPA within 5 days
prior to the scheduled performance date and specify the date when the
performance test is rescheduled.

A notification of intention to conduct a comprehensive and confirmatory
performance test and CMS performance evaluation and a site-specific test
plan and CMS performance evaluation plan must be submitted at least one
year before the performance test and performance evaluation are
scheduled to begin. The EPA will notify the source of approval or intent
to deny approval of the site-specific test plan and CMS performance
evaluation within 9 months after receipt of the original plan.

As required by Section 63.7(c), before conducting a required performance
test, a site- specific test plan must be submitted to the EPA for
approval. The test plan must include: 

A test program summary;

The test schedule; 

Data quality objectives; and

Both an internal and external quality assurance (QA) program.

Data quality objectives are the pretest expectations of precision,
accuracy, and completeness of data.

The internal QA program must include, at a minimum the activities
planned to provide an assessment of test data precision (i.e., sampling
and analysis of replicate samples).  The external QA program must
include, at a minimum, application of plans for a test method
performance audit (PA) during the performance test. The PA consists of
blind audit samples provided by EPA and analyzed during the performance
test in order to provide a measure of test data bias.  The external QA
program may also include systems audits that include the opportunity for
on-site evaluation by EPA of instrument calibration, data validation,
sample logging, and documentation of quality control data and field
maintenance activities.

The site-specific test plan must be submitted to EPA at least 60
calendar days before the performance test is scheduled to take place
(i.e., simultaneously with the notification of intention to conduct a
performance test), or on a mutually agreed upon date.  EPA may request
additional relevant information after the submittal of a site-specific
test plan.

(ii) Respondent activities

Prepare and submit a notification of intention to conduct a performance
test; 

Prepare and submit a rescheduled notification of intent to conduct a
performance test, if the test is postponed;

Prepare and submit a site-specific comprehensive performance test plan;
and

Prepare and submit additional relevant information requested by the EPA.

Notification of Compliance 

(i) Data items

Sections 63.1207(j)-(l) require that, within 90 days of completion of
the comprehensive performance test, HWCs postmark a Notification of
Compliance documenting compliance or noncompliance with the emission
standards and continuous monitoring system requirements, and identifying
operating parameter limits under Section 63.1209 for a comprehensive
performance test.

Under Section 63.9(h), the Notification of Compliance must be signed by
the responsible official who must certify its accuracy, attesting to
whether the source has complied with the relevant standard. The
notification must list:

The methods that were used to determine compliance;

The results of the performance test, opacity or visible emission
observations, continuous monitoring system (CMS) performance
evaluations, and/or other monitoring procedures or methods that were
conducted;

The methods that will be used for determining continuing compliance,
including a description of monitoring and reporting requirements and
test methods; 

The type and quantity of hazardous air pollutants emitted by the source,
reported in units and averaging times and in accordance with the test
methods specified in the relevant standard;

An analysis demonstrating whether the affected source is a major source
or an area source;

A description of air pollution control equipment (or method) for each
emission point, including each control device (or method) for each
hazardous air pollutant and control efficiency (percent) for each
control device (or method); and 

A statement by the owner or operator of the affected existing, new or
reconstructed source as to whether the source has complied watts the
relevant standard or other requirements.

As required by Sections 63.7(g) and 63.10(d)(2), and as stated above,
results of the performance tests shall be submitted as part of the
notification of compliance status.

Under Section 63.1210(d), the Notification of Compliance status
requirements of Section 63.9(h) apply, except that:

The notification is a Notification of Compliance, rather the compliance
status; 

The notification is required for the initial comprehensive performance
test and each subsequent comprehensive and confirmatory performance
test; and 

The notification must be postmarked before the close of business on the
90th day following completion of relevant compliance demonstration
activity rather than the 60th day as required by Section 63.9(h)(2)(ii).

The Notification of Compliance requirements of Section 63.1207(j) also
apply.

Under Section 63.1207(j) (4), a written request for a time extension may
be submitted to the EPA. The request must document that a source may not
be able to meet the 90-day deadline for reasons beyond its control.

(ii) Respondent activities

Prepare and submit a Notification of Compliance.

Prepare and submit a written request for a time extension, if necessary.

Waiver of Performance Test or Time Extension for Performance Testing if
Test Plan has not been Approved

(i) Data items

Under Section 63.7(h), Section 63.1207(e)(3), and Section 62.1207(i),
performance tests may be requested to be waived (or given a time
extension of up to one year to conduct the performance test) with a
written application to the EPA if: 

The source is meeting the relevant standards on a continuous basis; 

The test plan has been submitted to EPA but has not yet been approved.

The application for a waiver or time extension must be submitted at
least 60 days before the required performance test data, or 60 days
before the scheduled date of the performance test if the site-specific
test plan has been submitted but not yet approved.

The application for a waiver of a performance test must include
information justifying the source’s request for a waiver, such as the
technical or economic infeasibility, or the impracticality, of the
affected source performing the required test.  It must also include
documentation to enable the EPA to determine that the source is meeting
the relevant standards on a continuous basis as required by Section
63.7(h)(2).  Extension requests for the initial comprehensive
performance test must include a Documentation of Compliance to assist
EPA in making this determination.  

Also, the source must notify the public of the petition to waive the
performance test.

Additionally, under Section 63.1207(m), HWCs are not required to conduct
performance tests to document compliance with the mercury, semivolatile
metal, low volatile metal or total chlorine gas emission standard if the
twelve-hour rolling average maximum theoretical emission concentration
(MTEC) does not exceed the emission standard.  To document compliance
with this provision, HWCs must:

Monitor and record the feedrate of mercury, semivolatile metals, low
volatile metals, and total chlorine from all feedstreams according to
Section 63.1209(c);

Monitor with a CMS and record in the operating record the gas flowrate
(either directly or by monitoring a surrogate parameter that is
correlated to gas flowrate); 

Continuously calculate and record in the operating record the MTEC;

Identify in the Notification of Compliance a minimum gas flowrate limit
and a maximum federate limit of mercury, semivolatile metals, low
volatile metals, and/or total chlorine from all feedstreams that ensues
the MTEC is below the applicable emission standard; and

Interlock the MTEC calculated or the minimum gas flowrate limit and
maximum federate limit to the AWFCO system to stop hazardous waste
burning when the MTEC exceeds the emission standard or when the gas
flowrate or mercury, semivolatile metals, low volatile metals, and/or
total chlorine federate exceeds the limit as identified in the
Notification of Compliance.

It must be stated in the site-specific test plan submitted for review
and approval the intention to comply with the provisions of 63.1207(m).

(ii) Respondent activities

Prepare and submit an application for a waiver or time extension of
performance test.

Notify public of waiver or time extension request.

MONITORING REQUIREMENTS (Section 63.1209)

Continuous Emissions Monitoring Systems (CEMS) and Continuous Opacity
Monitoring Systems (COMS)

(i) Data items

Under Section 63.1209(a), HWCs must use a CEMS to demonstrate and
monitor compliance with the carbon monoxide and hydrocarbon standards. 
HWCs must also use an oxygen CEMS to continuously correct the carbon
monoxide and hydrocarbon levels to 7 percent oxygen.

Additionally, cement kilns must use a COMS to demonstrate and monitor
compliance with opacity standards for existing and new kilns.

(ii) Respondent activities

Install, calibrate, maintain, and continuously operate CEMS for carbon
monoxide, hydrocarbons, and oxygen; and

For existing and new cement kilns, install, calibrate, maintain, and
continuously operate COMS for opacity.

Continuous Monitoring Systems (CMS)

(i) Data items

Continuous monitoring systems must be used to monitor various combustion
and air pollution control device operating parameters, as discussed
below.  Installation and operation must be according to manufacturers
specifications.

CMS evaluation plan and test plan must also be developed as discussed
below in more detail.

(ii) Respondent activities

Install and operate all CMS as required for compliance with required
operating parameter limits.

Feedstream Analysis Plan

(i) Data items

Section 63.1209(c)(2) requires HWC to develop and implement a feedstream
analysis plan and record it in the operating record, and submit to the
EPA for review and approval, if requested.  The plan must specify at a
minimum:

The parameters for which each feedstream will be analyzed to ensure
compliance with the operating parameter limits of 40 CFR Part 63;

Whether the source will obtain the analysis by performing sampling and
analysis or by other methods, such as using analytical information
obtained from others or using other published or documented data or
information; 

How the analysis will be used to document compliance with all applicable
feedrate limits (e.g., if hazardous wastes are blended and obtain
analyses of the wastes prior to blending but not of the blended,
unfired, waste, the plan must describe how the pertinent parameters if
the blended waste will be determined); 

The test methods which will be used to obtain the analyses;

The sampling method which will be used to obtain a representative sample
of each feedstream to be analyzed using the sampling methods described
in Appendix 1, Part 26, of 40 CFR 261, or an equivalent method; and

The frequency with which the initial analysis of the feedstream will be
reviewed or repeated to ensure that the analysis is accurate and up to
date.

Additionally, under Section 63.1209(c)(4), feedrates must be monitored
and recorded as follows:

Determine and record the value of the parameter for each feedstream by
sampling and analysis or other method;

Determine and record the mass or volume flowrate of each feedstream by
CMS. 

If the flowrate of a feedstream in determined by volume, the density of
the feedstream must be determined and recorded by sampling and analysis
(unless the constituent concentration is reported in units of weight per
unit volume (e.g., mg/L)); and

Calculate and record the mass federate of the parameter per unit time.

(ii) Respondent activities

Develop and implement a feedstream analysis plan and record the plan in
the operating record;

Submit the plan for review and approval, if requested by the EPA; and 

Monitor and record feedrates.

CMS Performance Evaluations

CMS Quality Control Program 

(i) Data items

Under Sections 63.1209(d) and 63.8(d), HWCs must develop and implement a
CMS quality control program.  Each quality control program must include,
at a minimum, a written protocol that describes procedures for each pf
the following operations:

Initial and any subsequent calibration of the CMS; 

Determination and adjustment of the calibration drift of the CMS; 

Preventive maintenance of the CMS, including spare parts inventory; 

Data recording, calculations, and reporting;

Accuracy audit procedures, including sampling and analysis methods; and 

Program of corrective action for a malfunctioning CMS. 

Sources must keep these written procedures on record for the life of the
affected source or until the affected source is no longer subject to the
provisions of 40 CFR Part 63, and are to be made available for
inspection by the EPA, if requested.  Where relevant, these written
procedures may be incorporated as part of the affected source’s
startup, shutdown, and malfunction plan to avoid duplication of planning
and recordkeeping efforts.

 (ii) Respondent activities

Develop and implement a CMS quality control program;

Keep the CMS quality control program on record for the life of the
affected source or until the affected source is no longer subject to the
provisions of 40 CFR Part 63; and

Submit the CMS quality control program for inspection, if requested by
the EPA. 

Notification of CMS Performance Evaluation 

(i) Data items

As required by Sections 63.1209(d), 63.8(e)(2) and 63.9(g)(1), HWCs must
notify the EPA in writing of the date of the performance evaluation
simultaneously with the notification of the performance test date
required under Section 63.7(b) or at least 60 days prior to the date the
performance evaluation is scheduled to begin if no performance test is
required.  It is noted that Section 63.8(e)(2) is superseded by Section
63.1207(e) requiring sources to submit the site-specific test plan and
the CMS performance evaluation plan for approval at least one year prior
to the planned test date.

(ii) Respondent activities

Prepare and submit a notification of CMS performance evaluation.

Additional Notification Requirements for CMS

(i) Data items

Under Section 63.1210(a)(1) and Sections 63.9(g)(2) and (3), HWCs must
furnish the EPA with the following written notifications:

A notification that COMS data results will be used to determine
compliance with the applicable opacity emission standard during a
performance test, if compliance with an opacity emission standard is
required for the source by the relevant standard. The notification shut
be submitted at least 60 calendar day: before the performance test is
scheduled to begin; and

A notification that the criterion necessary to continue use of an
alternative to relative accuracy testing has been exceeded. The
notification shall be delivered or postmarked not later the 10 days
after the occurrence of such exceedance, and it shall include a
description of the nature and cause of the increased emissions.

(ii) Respondent activities

Prepare and submit additional notification requirements for sources with
CMS.

Submission of Site-Specific CMS Performance Evaluation Test Plan 

(i) Data items

As required by Section 63.1209(d) and 63.8(e)(3), before conducting a
required CMS performance evaluation, HWCs must develop and submit a
site-specific performance evaluation test plan to the EPA for approval
upon request. The performance evaluation test plan shall include:

The evaluation program objectives; 

An evaluation program summary; 

The performance evaluation schedule; 

Data quality objectives; and

Both an internal and external QA program.

Data quality objectives are the pre-evaluation expectations of
precision, accuracy, and completeness of day.

The internal QA program shall include, at a minimum, the activities
planned by routine operators and analysts to provide an assessment of
CMS performance.  The external QA program shall include, at a minimal
system audits that include the opportunity for on-site evaluation by the
EPA of instrument calibration, data validation, sample logging, and
documentation of quality control data and held maintenance activities.

The source shall submit the site-specific performance evaluation test
plan to the EPA (if requested) at least 60 days before the performance
test or performance evaluation is scheduled to begin, or on a mutually
agreed upon date. The EPA may request additional relevant information
after the submittal of a site-specific performance evaluation test plan.

It is noted that Section 63.8(e)(3)(iii) is superseded by Section
63.1207(e) requiring sources to submit the site-specific test plan and
the CMS performance evaluation plan for approval at least one year prior
to the planned test date.

(ii) Respondent activities

Develop and submit a CMS site-specific performance evaluation test plan;
and 

Submit additional relevant information, if requested by the EPA.

Conduct of CMS Performance Evaluation and Performance Evaluation Dates 

(i) Data items

Under Section 63.1209(d) and 63.8(e))(4), the HWCs must conduct a
performance evaluation of a required CMS during any performance test
required under Section 63.7 in accordance with the applicable
performance specification as specified in the relevant standard.
Additionally, performance evaluations of components of the CMS must be
conducted under the frequency and procedures (for example, submittal of
performance evaluation test plan for review and approval) applicable to
performance tests as provided by Section 63.1207.

(ii) Respondent activities

Conduct a CMS performance evaluation. 

Reporting Results of CMS Performance Evaluations

(i) Data items

Under Section 63.10(e)(2), the owner or operator of an affected source
required to install a CMS by the relevant standard shall furnish the EPA
a copy of a written report of the results of the CMS performance
evaluation, simultaneously with the results of the performance test,
unless otherwise specified in the relevant standard. Additionally,
sources using a COMS to determine opacity compliance during any
performance test shall furnish to EPA two or, upon request, three copies
of a written report of the results of the COMS performance evaluation. 
The copies shall be furnished at least 15 calendar days before the
performance test.

(ii) Respondent activities

Prepare and submit a written report of the results of the CMS
performance evaluation; and

Prepare and submit written reports of the result of the COMS performance
evaluation, as applicable.

Alternative Compliance Monitoring Requirements for Standards other than
those Monitored with a CEMS

(i) Data items

Under Section 63.1209(g)(1), HWCs may submit an application to the EPA
for approval of alterative monitoring requirements to document
compliance with the emission standards of Subpart EEE other than CO or
HC which are monitored with a CEMS.  An application to waive an
operating parameter limit may be submitted based on documentation that
neither that operating parameter limit nor an alternative operating
parameter limit is needed to ensure compliance with the emission
standards of Subpart EEE.  The application must be submitted to the EPA
not later than with the comprehensive test plan. The application must
include:

Data or information justifying the request for an alternative monitoring
requirement (or for a waiver of an operating parameter limit), such as
the technical or economic infeasibility or the impracticality of using
the required approach; 

A description of the proposed alternative monitoring requirement,
including the operating parameter to be monitored, the monitoring
approach/technique (e.g., type of detector, monitoring location), the
averaging period for the limit, and how the limit is to be calculated;
and

Data or information documenting that the alternative monitoring
requirement would provide equivalent or better assurance of compliance
with the relevant emission standard, or that it is the monitoring
requirement that best assures compliance with the standard and that is
technically and economically practicable.

The EPA will notify approval or intention to deny approval of the
request within 90 calendar days after receipt of the original request
and within 60 calendar days after the receipt of any supplementary
information that is submitted.  The EPA may determine on a case-by-case
basis at any time that additional or alternative operating parameters
may need to be limited, or that alternative approaches to establish
limits on operating parameters may be necessary to document compliance
with the emission standards of Subpart EEE.

(ii) Respondent activities

Prepare and submit an application for use of an alternative monitoring
method for operating parameter requirements; and/or;

Prepare and submit an application to waive operating parameter limits.

Use of CEMS in Lieu of Operating Parameter Limits or Alternative Methods
in-Lieu of CEMS

(i) Data items

Under Sections 63.1209(a)(5) and 63.8(f), HWCs may request the use of
CEMS in lieu of operating parameter limits, or alternative methods in
lieu of CEMS.

(ii) Respondent activities

Request the use of CEMS in lieu of operating parameter limits, or
alternative methods in lieu of CEMS.

Destruction and Removal Efficiency 

(i) Data items

Under Section 63.1209(j), HWCs must remain in compliance with the
destruction and removal efficiency (DRE) standard by establishing
operating limits during the comprehensive performance test (or during a
previous DRE test) for the following parameters and comply with those
limits at all times that hazardous waste remains in the combustion
chamber (i.e., the hazardous waste residence time has not transpired
since the hazardous waste feed cutoff system was activated):

Minimum combustion chamber temperature; 

Maximum flue gas flowrate or production rate; 

Maximum hazardous waste federate; and 

Operation of waste firing system.

(ii) Respondent activities

Comply with the following operating limits: minimum combustion chamber
temperature; maximal gas flowrate or production rate; maximum hazardous
waste feedrate, and operation of waste firing system.

PCDD/PCDF

(i) Data items

Under Section 63.1209(k), HWCs must comply with the dioxin and furan
emission standard by establishing and complying with the following
operating parameter limits based limits on operations during the
comprehensive performance test:

Gas temperature at the inlet to a dry particulate matter control device;


Minimum combustion chamber temperature, 

Maximum flue gas flowrate or production rate

Maximum hazardous waste feedrate; 

Particulate matter operating limit; and

Parameter limits for the following air pollution control devices: 

- 	Activated carbon injection systems, with limits including carbon
federate and operating temperature; 

- 	Carbon bed systems, where operating parameters to monitor and control
bed age must be specified on a site specific basis in the comprehensive
performance test plan; 

- 	Catalytic oxidizers, with limits on operating temperature; and 

- 	Inhibitor federates.

Under Section 63.1209(k)(6)(iii)(B), HWCs equipped with activated carbon
injection systems may substitute at any time a different brand or type
of carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test and
conforms to the key solvent parameters. Documentation that the
substitute carbon will provide the same level of control as the original
carbon must be included in the operating record.

Under Section 63.1209(k)(7)(ii)(B), HWCs equipped with carbon bed
systems day substitute at any time a different bind or type of carbon
provided that the replacement his equivalent or improved properties
compared to the carbon used in the performance test.

Documentation that the substitute carbon will provide the same level of
control as the original carbon must be included in the operating record.

For HWCs feeding dioxin/furans inhibitors into the combustion system,
under Section 63.1209(k)(9)(ii)(B), a different brand or type of
inhibitor may be substituted at any time provided that the replacement
has equivalent or improved properties compared to the inhibitor used in
the performance test and conforms to the key parameter that affect the
effectiveness of the inhibitor. Documentation that the substitute
inhibitor will provide the some level of control as the original
inhibitor must be included in the operating record.

(ii) Respondent activities

Comply with the following operating parameter limits: 

Gas temperature at the inlet to a dry particulate matter control device;


Minimum combustion chamber temperature; 

Maximum flue gas flowrate or production rate; 

Maximum hazardous waste federate; particulate matter operating limit; 

Operating parameter limits for activated carbon injection or carbon bed
systems, catalytic oxidizers, and inhibitors; and 

If carbon is used, document in the operating record that replacement
carbon will provide the same level of control as the original carbon
used during the performance test.

If inhibitors are used, document in the operating record that
replacement inhibitor will provide the some level of control as the
original inhibitor used during the performance test.

Mercury

(i) Data items

Under Section 63.1209(l) HWCs must comply with the mercury emission
standard by establishing and complying with the following operating
parameter limits.  These limits must be based on operations during the
comprehensive performance test (or manufacturer specifications): 

Feedrate of total mercury; and

Parameter limits for the following air pollution control devices: 

-  Wet scrubbers;

-  Activated carbon injection systems; and 

-  Activated carbon bed systems.

A 12 hour rolling average limit for the total feedrate of mercury in all
feedstreams must be established as the average of the hourly rolling
averages for each run.

Under Section 63.1209(a)(5), HWCs may petition the EPA to use CEMS for
compliance monitoring for mercury in lieu of compliance with the
corresponding operating parameter limits under Section 63.1209.

(ii) Respondent activities

Comply with the following operating parameter limits: feedrate of total
mercury; and parameter limits for wet scrubbers, and activated carbon
injection or carbon bed systems; or

Install, calibrate, maintain and continuously operate CEMS for
compliance monitoring for mercury.

Request to extrapolate mercury feedrate limits.

Particulate Matter

(i) Data items

Under Section 63.1209(m), HWCs must comply with the particulate matter
emission standard by establishing and complying with the following
operating parameter limits based on operations during the comprehensive
performance test:

APCD operating limits for:

-  	High energy or ionizing wet scrubbers, including pressure drop,
scrubber liquid/gas ratio, scrubber liquor solid content.

-  	Baghouses, including pressure drop and gas flowrate.

-  	Electrostatic precipitators, including power input and gas flowrate.

-  	Other particulate matter control devices.

Maximal flue gas flowrate or production rate, and 

Maximum ash feedrate.

Alternately, install, calibrate, maintain and continuously operate CEMS
for compliance monitoring for PM.

(ii) Respondent activities

Comply with the following operating parameter limits: 

APCD operating limits for wet scrubbers, fabric filters, and
electrostatic precipitators 

Maximum flue gas flowrate or production rate; and 

Maximum ash feedrate.; or

Install, calibrate, maintain and continuously operate CEMS for
compliance monitoring for PM.

Semivolatile Metals and Low Volatile Metals 

(i) Data items

Under Section 63.1209(n), HWCs must comply with the semivolatile metal
(cadmium and lead) and low volatile metal (arsenic, beryllium, and
chromium) emission standards by establishing and complying with the
following operating parameter limits base on operations during the
comprehensive performance test:

Maximize inlet temperature to dry particulate matter air pollution
control device; 

Maximum federate of semivolatile and low volatile metals; APCD operating
parameter limits specified for particulate matter; 

Maximum total chlorine and chloride federate; and 

Maximum flue gas flowrate or production rate.

A 12-hour rolling average limit for the federates of combined
semivolatile metals and combined low volatile metals must be
established, in all feedstreams as the average of the average hourly
rolling averages for each run, as well as a 12-hour rolling average
limit for combined semivolatile metals in all pumpable feedstream as the
average of the average holly rolling averages for each run.  Dual
feedrate limits for both pumpable and total feedstreams are not used if
the total feedrate limit is based solely on the feederate of pumpable
feedstreams.

Under Section 63.1209(n)(2)(ii) the use semivolatile metal and low
volatile metal federates and associated emission rates during the
comprehensive performance test to extrapolate to higher allowable
federate limits and emission rates may be requested as part of the
performance test plan.

Under Section 63.1209(a)(5), HWCs may petition to: EPA to use CEMS for
compliance monitoring for semivolatile and low volatile metals in lieu
of compliance with the corresponding operating parameter limits under
Section 63.1209.

(ii) Respondent activities

Comply with the following operating parameter limits: 

Maximum inlet temperature to dry particulate matter air pollution
control device; 

Maximum feedrate of semivolatile and low volatile metals; 

APCD operating parameter limits specified for particulate matter; 

Maximum total chlorine and chloride feedrate 

Maximum flue gas flowrate or production rate; and

Prepare and submit request to extrapolate semivolatile metal and low
volatile metal feedrate limits; or

Install, calibrate, maintain, and continuously operate CEMS for
compliance monitoring for semivolatile metals and low volatile metals.

Request to extrapolate semivolatile and low volatile metal feedrate
limits.

Total Chlorine (Hydrogen Chloride and Chlorine Gas) 

(i) Data items

Under Section 63.1209(o), HWCs must comply with the total chlorine
emission standard by establishing and complying with the following
operating parameter limits based on operations during the comprehensive
performance test:

Feedrate of total chlorine and chloride; 

Maximum flue gas flowrate or production rate; 

Parameter limits for the following air pollution control devices: wet
scrubbers and dry scrubbers.

Under Section 63.1209(a)(5), HWCs may petition the EPA to use CEMS for
compliance monitoring for total chlorine in lieu of compliance with the
corresponding operating parameter limits under Section 63.1209.

For HWCs equipped with dry scrubbers, under Section
63.1209(o)(4)(iii)(B), a different brand or type of sorbent may be
substituted at any time provided that the replacement has equivalent or
improved properties compared to the serpent used in the performance test
and conforms to the key parameters. Documentation that the substitute
sorbent will provide the some level of control as the original sorbent
must be included in the operating record.

(ii) Respondent activities

Comply with the following operating parameter limits: 

Comply with the following operating parameter limits feedrate of total
chlorine and chloride; maximum flue gas flowrate or production rate; and
operating parameter limits for wet and dry scrubbers; and 

Document in the operating record that replacement sorbent will provide
the same level of control as the original sorbent used during the
performance test; or 

Install, calibrate, maintain, and continuously operate CEMS for
compliance storing for total chlorine.

Combustion Chamber Pressure

(i) Data items

Instantaneous monitoring of combustion zone pressure may be used to
comply with provisions for controlling combustion system leaks.

(ii) Respondent activities

Monitor and record combustion zone pressure.

Operating under Different Modes of Operation 

(i) Data items

Given that HWCs must establish limits for applicable operating
parameters based on operations during the comprehensive performance
test, under Section 63.1207(g)(1)(i), a HWC may conduct testing under
two or more operating modes to provide operating flexibility.

Under Section 63.1209(q), when the HWC changes a mode of operation and
begins complying with the operating parameter limits for an alternative
mode of operation, it must be recorded in the operating record.

(ii) Respondent activities

Document the mode of operation in the operating record, if a source has
tested under two or more operating modes.

NOTIFICATION REQUIREMENTS (Section 63.1210)

HWCs must submit various notifications listed under Section
63.1210(a)(1).  HWCs may also chose to submit a number of notifications
listed under Section 63.1210(a)(2) for requests, petitions, or
applications in order to comply with reduced or alternative
requirements.  The following section provides descriptions of
notification requirements not discussed in preceding or following
sections of this document.

Notification of Intent to Comply

(i) Data items

A Notification of Intent to Comply (NIC) must be prepared by all
sources.  The NIC must discuss various milestone dates of key activities
that are planned to bring the source into compliance and a description
of the source and how it intends to comply with the HWC MACT Rule.  A
public meeting must be held to discuss the NIC, conducted at least 10
months before the initial rule compliance date.  A draft NIC must be
made available to the public 30 days before the meeting.  The final NIC
must be submitted to EPA within 1 year of the effective rule date.  The
final NIC must include a summary of the public meeting.

A progress report must be prepared not later than 2 years after the
effective rule date.  The progress report must discuss information
documenting the completion of activities contained in the NIC; and a
updated schedule of future activities to comply with the MACT standards.

(ii) Respondent activities

Prepare draft NIC; 

Notify public;

Conduct public meeting;

Prepare and submit the final NIC;

Prepare and submit progress report.

Initial Notifications 

(i) Data items

The initial notification requirements of Section 63.9(b) apply when
sources become subject to the relevant standard. Sources with an initial
startup date before the effective date of the relevant standard must
notify the EPA in writing that the source is subject to the relevant
standard. The notification must be submitted not later than 120 calendar
days after the effective date of the relevant standard (or within 120
calendar days of the source becomes subject to the relevant standard),
and shall provide the following information:

The name and address of the owner or operator; 

The address of the affected source;

An identification of the relevant standard, or other requirement, that
is the basis of the notification and the source's compliance date;

A brief description of the nature, size, design, and method of operation
of the source, including its operating design capacity and an
identification of each point of emission for each hazardous air
pollutant, or if a definitive identification is not yet possible, a
preliminary identification of each point of emission for each hazardous
air pollutant; and

A statement of whether the affected source is a major source or an area
source.

A new or reconstructed affected source, or a source that has been
reconstructed such that it is an affected source, with an initial
startup after the effective date of the relevant standard and for which
reapplication for approval of construction or reconstruction is not
required, must notify the EPA in writing that the source is subject to
the relevant standard no later the 120 days after initial startup.  The
notification must provide all the information listed above.

After the effective date of the relevant standard, sources who intend to
construct a new affected source, or reconstruct a source such that it
becomes an affected source, must notify the EPA in writing of the
intended construction or reconstruction.  The notification must be
submitted as soon as practicable before the construction or
reconstruction commences after the effective date of the relevant
standard or as soon as practicable before startup but no later than 60
days of the relevant standard if the construction or reconstruction had
commenced and initial startup has not occurred before the standard’s
effective date. The notification must include all the information
required for an application for approval of construction or
reconstruction, as described below.

(ii) Respondent activities

Prepare and submit initial notification.

Change in Information Already Provided

(i) Data items

As required by Section 63.9(j), any change is the information already
provided under Section 63.9 must be provided to the EPA in writing
within 15 calendar days after the change.

(ii) Respondent activities

Submit change(s) in the information already provided.

Application for Approval of Construction or Reconstruction

(i) Data items

Under Section 63.5(d), a separate application must be submitted for each
construction or reconstruction.  Each application for approval of
construction or reconstruction must include at a minimum:

The applicant’s name and address;

A notification of intention to construct a new major affected source of
make any physical or operational change to a major affected source that
may meet or has been determined to meet the criteria for a
reconstruction; 

The address or proposed address of the source;

An identification of the relevant standard that is the basis of the
application; 

The expected commencement date of the construction or reconstruction;

The expected completion date of the construction or reconstruction;

The anticipated date of (initial) startup of the source; and

The type and quantity of hazardous air pollutants emitted by the source,
or if actual emissions data are not yet available, an estimate of the
type and quantity of hazardous air pollutants expected to be emitted by
the source.

Sources who submit estimates or preliminary information in place of the
actual emissions data and analysis must submit the actual measured
emissions data and other correct information as soon as available but no
later than with the Notification of Compliance status.

Additionally, each application for approval of construction must include
technical information describing the proposed nature, size, design,
operating design capacity, arid method of operation of the source,
including an identification of each point of emission for each hazardous
air pollutant that is emitted (or could be emitted) and a description of
the planned air pollution control system (equipment or method) for each
emission point.

Each application for approval of reconstruction must also include:

A brief description of the affected source and the components that are
to be replaced;

A description of present and proposed emission control systems (i.e.,
equipment or methods);

An estimate of the fixed capital cost of the replacements and of
constructing a comparable entirely new source;

The estimated life of the affected source our the replacements; 

A discussion of any economic or technical limitations the source may
have in complying with relevant standards or other requirements after
the proposed replacements; and

If in the application for approval of reconstruction the owner or
operator designates the affected source as a reconstructed source and
declares that there are no economic or technical limitations to prevent
the source from complying with all relevant standards or other
requirements, the owner or operator need not submit the information
required in the last three bullets listed above.

The EPA may request additional relevant information after the submittal
of an Application for approval of construction or reconstruction.  It is
noted that Section 63.9(b)(1)(i) pertains to notification requirements
for area sources that become a major source, and Section 63.9(b)(2)(v)
requires a major source determination.  Although area sources are
subject to all provisions of Subpart EEE, these sections nonetheless
apply because the major source determination may affect the
applicability of Part 63 standards or of Title V permit requirements to
other sources (i.e., other than the hazardous waste combustor) of
hazardous air pollutants at the facility.

(ii) Respondent activities

Prepare and submit an application of approval of construction, as
applicable;

Prepare and submit an application of approval of reconstruction, as
applicable; and

Submit additional relevant information as requested by the EPA.

Adjustment to Time Periods or Postmark Deadlines for Submittal and
Review of Required Communications

(i) Data items

Under Section 63.9(i), the owner or operator of an effected source shall
request an adjustment for submittal and review of required time period
or postmark deadline each time they wish to change an applicable time
period or postmark deadline specified in 40 CFR Part 63.  The request
must be made in writing as soon as practicable before the subject
activity is required to take place.  The sources must include in the
request whatever information he or she considers useful to convince the
EPA that an adjustment is warranted.  The EPA will notify the source in
writing of approval or disapproval of the request for an adjustment
within 15 calendar days of receiving sufficient information to evaluate
the request.

(ii) Respondent activities

Prepare and submit a request for an adjustment to a time period or
postmark deadline.

Request to Reduce Frequency of Excess Emissions and Continuous
Monitoring System Performance Reports 

(i) Data items

Under Section 63.10(e)(3)(ii), an owner or operator of an affected
source required by a relevant standard to submit excess emission: and
continuous monitoring system performance (and summary) reports on a
quarterly (or more frequent) basis may reduce the frequency of reporting
for that standard to semiannual if the following conditions are met:

For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods) the
affected source’s excess emissions and continuous monitoring system
performance reports continually demonstrate that the source is in
compliance with: the relevant standard;

The source continues to comply with all recordkeeping and monitoring
requirements; and

The EPA does not object to a reduced sequence of reporting for the
affected source.

The frequency of reporting of excess emissions and continuous monitoring
system performance (and summary) reports may be reduced only alter the
source notifies the EPA in writing of its intention to make such a
change and the EPA does not object to the intended change.

(i) Respondent activity

Prepare and submit a request to reduce frequency of excess emissions and
CMS performance reports.

Waiver of Recordkeeping or Reporting Requirements 

(i) Data items 

Under Section 63.10(f), recordkeeping or reporting requirements may be
waived upon written application to the EPA if, in the EPA’s judgement,
an affected source is achieving the relevant standards, or the source is
operating under an extension of compliance, or the source has requested
an extension of compliance and the EPA is still considering that
request. If an application for a waiver of recordkeeping or reporting is
made, the application shall accompany the request for an extension of
compliance, any required compliance progress report or compliance stabs
report required or in the source’s title V permit, or an excess
emissions and continuous monitoring system performance report, whichever
is applicable. The application shall include whatever information the
source considers useful to convince the EPA that a waiver of
recordkeeping or reporting is warranted.

(i) Respondent activities

Prepare and submit a waiver of recordkeeping or reporting.

Data Compression

(i) Data items

Under Section 63.1211(e), a written request may be submitted to the EPA
for approval to use data compression techniques to record data from CMS,
including CEMS, on a frequency less than required by Section 63.1209. 
The request must be submitted for review and approval as part of the
comprehensive performance test plan.

(ii) Respondent activities

Prepare and submit request for approval to use data compression
techniques to record data on a less frequent basis than required by
Section 63.1209.

RECORDKEEPING AND REPORTING REQUIREMENTS (Section 63.1211)

Section 63.1211(a) provides a summary of the various reporting
requirements that must be submitted by HWCs.  Documents, data, or
information that must be retained in the operating record are summarized
in Section 63.1211(b).  The following section provides descriptions of
reporting and recordkeeping requirements not discussed in preceding or
following sections of this document.

Periodic and Immediate Startup, Shutdown, and Malfunction Reports

(i) Data items

Under Section 63.10(d)(5)(i), if actions taken during a startup,
shutdown, or malfunction are consistent with the procedures specified in
the source's startup, shutdown, and malfunction plan, such information
must be stated in a setup, shutdown, and malfunction report.  Reports
are required if a startup, shutdown, or malfunction occurred during the
reporting period. the startup, shutdown, and malfunction report shall
consist of a letter, containing the name, title, and signature of the
owner or operator or other responsible official who is certifying its
accuracy, that shall be submitted to the EPA semiannually. The report
shall be delivered or postmarked by the 30th day following the end of
each calendar half (or other calendar reporting period, as appropriate).

Under Section 63.10(d)(5)(ii), any time an action taken during a
startup, shutdown, and malfunction is not consistent with the procedures
specified in the affected source's startup, shutdown, and malfunction
plan, the actions take: for that event shall be reported within 2
working days after commencing actions inconsistent with the plan
followed by a letter within 7 working after the end of the event. The
immediate report required shall consist of a telephone call (or
facsimile (FAX) transmission) to the EPA within 2 working days after
commencing actions inconsistent with the plan, and it shall be followed
by a letter, delivered or postmarked within 7 working days our the end
of the event, that contains the name, title, and signature of the
responsible official who is certifying its accuracy, explaining the
circumstance of the event, the reasons for not following the startup,
shutdown, and malfunction plan, and whether any excess emissions and/or
parameter monitoring excellences are believed to have occurred.

(ii) Respondent activities

Prepare and submit a periodic startup, shutdown, and malfunction report,
as applicable; and

Prepare and submit an immediate startup, shutdown, and malfunction plan,
as applicable.

Excess Emissions and Continuous Monitoring System Performance Report and
Summary Report

(i) Data items

Under 63.10(e)(3)), as appropriate, sources are required to submit an
excess emissions and continuous monitoring system performance report
and/or summary report to the EPA semiannually. The report must contain
the following information:

The company name and address of the affected source;

An identification of each hazardous air pollutant monitored at the
affected source;

The beginning and ending dates of the reporting period;

A brief description of the process units;

The emission and operating parameter limitations specified in the
relevant standard(s);

The monitoring equipment manufacturer(s) and model number(s);

The date of the latest CMS certification or audit;

The total operating time of the affected source during the reporting
period; 

An emissions data or operating parameter CMS summary, including:

The total duration of excess emissions during the reporting period;

The total duration of excess emissions expressed as a percent of the
total source operating time during that reporting period; and 		

-	A breakdown of the total duration of excess emissions during the
reporting period into those that are due to startup/shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes;

A CMS performance summary (or similar summary if the owner or operator
monitors control system parameters), including:

- 	The total CMS downtime during the reporting period;

The total duration of CMS downhill: expressed as a percent of the total
source operating time during that reporting period; and 

A breakdown of the total CMS downtime during the reporting period into
periods that are due to monitoring equipment malfunctions, nonmonitoring
equipment malfunctions, quality assurance/quality control calibrations,
other known causes, and other unknown causes; 

A description of any changes in CMS, processes, or controls since the
last reporting period;

The name, title, and signature of the responsible official who is
certifying the accuracy of the report; and 

The date of the report.

All excess emissions and monitoring system performance reports and all
summary reports, if required, shall be delivered or postmarked by the
30th day following the end of each calendar year, as appropriate.

(ii) Respondent activities

Prepare and submit an excess emissions and monitoring system performance
report and summary report.

General Recordkeeping Requirements

(i) Data items 

Under Section 63.10(b), sources must maintain files of all information
(including the various reports and notifications) in a form suitable and
readily available for expeditious inspection and review. The files shall
be retained for at least 5 years following the date of each occurrence,
measurement, maintenance, corrective action, report, or record. At a
minimal, the most recent 2 years of data shall be retained on site.  The
remaining 3 years of data may be retained off-site. Such files may be
maintained in microfilm, on a computer, on computer floppy disks, on
magnetic tape disks, or on microfiche.

Sources must maintain relevant records for such source of: 

The occurrence and duration of each startup, shutdowns or malfunction of
operation;

The occurrence and duration of each malfunction of the air pollution
control equipment;

All maintenance performed on the air pollution control equipment; 

Actions taken during periods of startup, shutdown, aid malfunction when
such actions are different from the procedures specified in the affected
source's startup, shutdown, and malfunction plan;

All information necessary to demonstrate conformance with the affected
source's startup, shutdown, and malfunction plan are consistent with the
procedures specified in such plan;

Each period during which a CMS is malfunctioning or inoperative; All
required measurements needed to demonstrate compliance with a relevant
standard;

All required measurements needed to demonstrate compliance with a
relevant standard;

All results of performance tests, CMS performance evocations, and
opacity ad visible emissions observations;

All measurements as may be necessary to determine the conditions of
performance tests and performance evaluations; All CMS calibration
checks;

All adjustments and maintenance performed on CMS;

Any information demonstrating whether a source is meeting the
requirements for a waiver of recordkeeping or reporting requirements, if
the source has been granted a waiver;

Al1 emission levels relative to the criterion for obtaining permission
to use an alternative to the relative accuracy test, if the source has
been granted such emission; and 

All documentation supporting initial notifications and notifications of
compliance.

(i) Respondent activities

Retain files of all information (including all reports and notification)
for at least 5 years

Additional Recordkeeping Requirements for Continuous Monitoring Systems

(i) Data items 

Under Section 63.10(c), the owner or operator of an affected source
required to install a CMS by a relevant standard must maintain records
for such source of:

All required CMS measurements

The date and time identifying each period during which the CMS was out
of control;

The specific information of each period of excess emissions and
parameter monitoring exceedances, as defined in the relevant
standard(s), that occurs during startups, shutdowns, and malfunctions of
the source; 

The specific information of each time period of excess emissions and
parameter monitoring exceedances, as defined in the relevant
standard(s), that occurs during periods other than startups, shutdowns,
and malfunctions of the source;

The nature and cause of any malfunction;

The corrective action taken or preventive measures adopted;

The nature of the repairs or adjustments to the CMS that was inoperative
or out of control;

The total process operating time during the reporting period; and 

All procedures that are part of a quality control program developed and
implemented for CMS.

(ii)  Respondent activities

Maintain additional records for continuous monitoring systems.

Documentation of Compliance

(i) Data Items

As required by Section 63.1211(d), by the compliance date, a
Documentation of Compliance must be developed and included in the
operating record. The Documentation of Compliance must identify the
applicable emission standards under Subpart EEE and the limits on the
operating parameters under Section 63.1209 that will ensure compliance
with those emission standards.  A signed and dated certification must be
included in the Documentation of Compliance that:

Required CEMS and CMS are installed, calibrated, aid continuously
operating in compliance with the requirements of Subpart EEE; and

Based on an engineering evaluation prepared under an owner or
operator’s direction or supervision in accordance with a system
designed to ensure that qualified personnel properly gathered and
evaluated the information and supporting documentation, and considering
at a minimum the design, operation, and maintenance characteristics of
the combusted and emissions control equipment, the types, quantities,
and characteristics of feedstreams, and available emission data:

A source is in compliance with the emission standards of Subpart EEE;
and 

The limits on the operating parameters under Section 63.1209 ensure
compliance with the emissions standards of Subpart EEE.

(ii) Respondent activities

Develop a Documentation of Compliance and include it in the operating
record.

COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE
MINIMIZATION CONTROLS (Section 63.1213)

(i) Data items

Under Section 63.1213, HWCs may request from the EPA or State with an
approved Title V program an extension of the compliance data of up to 1
year. An extension may be granted if it can be reasonably documented
that the installation of pollution prevention or waste minimization
measures will significantly reduce the amount and/or toxicity of
hazardous waste entering the feedstream(s) of the hazardous waste
combustor(s), and that the necessary control measures could not be
installed and the emission standards and operating requirements of
Subpart EEE could not be complied with within 3 years after their
effective date.

Requests for a 1-year extension must be made in writing and received not
later than 4 months before the compliance date. The request must contain
the following information:

A description of pollution prevention or waste minimization controls,
that, when installed, will significantly reduce the amount and/or
toxicity of hazardous waste entering the feedstream(s) of too: hazardous
waste combustor(s). Pollution prevention or waste minimization measures
may include: equipment or technology modifications, reformulation or
redesign of products, substitution of raw materials, improvements in
work practices, maintenance, training, inventory control, or recycling
practices conducted as defined in Section 261.1(c);

A description of other pollution controls to be installed that are
necessary to comply with the emission standards and operating
requirements; 

A reduction goal or estimate of the annual reductions in quantity and/or
toxicity of hazardous whets) entering combustion feedstream(s) that will
be achieved by installing the proposed pollution prevention or waste
minimization measures; 

A comparison of reductions in the amounts and/or toxicity of hazardous
wastes combusted our installation of pollution prevention or waste
minimization measures to the amounts and/or toxicity of hazardous wastes
combusted prior to the installation of these measures. If the difference
is less than a fifteen percent reduction, include a comparison to
pollution prevention and waste minimization reductions recorded during
the previous five years;

Reasonable documentation that installation of the pollution prevention
or waste minimization changes will not result in a net increase (except
for documented increases in production) of hazardous constituents
released to the environment through other emissions, wastes or
effluents;

Reasonable documentation that the design and installation of waste
minimization and other measures that are necessary for compliance with
the emission standards and operating requirements of Subpart EEE cannot
otherwise be installed within the three year compliance period; and

The information required in 63.6(i)(6)(i)(B) through (D).

(ii) Respondent activities

Prepare and submit a request for an extension of compliance data due to
installation of pollution prevention controls; and

Prepare and submit a request for an extension of compliance data due to
waste minimization controls.

QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR
HAZARDOUS WASTE COMBUSTORS (Appendix to Subpart EEE)

Various quality assurance requirements are used to evaluate the
effectiveness of quality control (QC) and quality assurance (QA)
procedures and the quality of day produced by continuous emission
monitoring systems (CEMS) that are used for determining compliance with
emission standards on a continuous basis as specified in the applicable
regulation.

QC Requirements 

(i) Data items

Under Appendix to Subpart EEE, Section 1.1, data collected as a result
of the required QC measures are to be recorded in the operating record.

As specified in Appendix to Subpart EEE, Section 3.1, HWCS must develop
and 

implement a QC program. At a minimum, each QC program must include
written procedures describing in detail complete, step-by-step
procedures and operations for the following activities: 

Checks for component failures, leaks, and other abnormal conditions; 

Calibration of CEMS;

CD determination and adjustment of CEMS;

Integration of CEMS with the automatic waste feed cutoff (AWFCO) system;


Preventive Maintenance of CEMS (including spare parts inventory); 

Data recording, calculations, and reporting; 

Checks of record keeping,

Accuracy audit procedure, including sampling and analysis methods;

Program of corrective action for malfunctioning CEMS; 

Operator training and certification; and

Maintaining and ensuring current certification or naming of cylinder
gasses, metal solutions, and particulate samples used for audit and
accuracy tests, daily checks, and calibrations

Whenever excessive inaccuracies occur for two consecutive queers, the
current written procedures must be revised or the CEMS modified or
replaced to correct the deficiency causing the excessive inaccuracies.
These written procedures must be kept on record and available for
inspection by the EPA.

(ii) Respondent activities

Develop and implement a QC program; 

Revise program, if necessary; and 

Record program in the operating record.

QA Requirements 

(i) Data items

Under Appendix to Subpart EEE, Section 1.1, data collected as a result
of the required QA measures are to be recorded in the operating record.

As specified in Appendix to Subpart EEE, Section 3.2, HWCs must develop
and implement a QA plan that includes, at a minimum, the following:

QA responsibilities (including maintaining records, preparing reports,
reviewing reports);

Schedules for daily checks, periodic audits, and preventive maintenance,


Check lists and data sheets; 

Preventive maintenance procedures;

Description of the media, format, and location of all records and
reports; and 

Provisions for a review of the CEMS data at left once a year.  Based on
the results of the review, the QA plan must be revised or updated, if
necessary.

(i) Respondent activities

Develop and implement a QA plan; 

Revise or update plan, if necessary; and 

Record plan in the operating record.

Calibration Drift (CD) and Zero Drift (ZD) Assessment and Daily System
Audit 

(i) Data items

Under Appendix to Subpart EEE, Section 4, HWCs must check, record, and
quantify the ZD and the CD at least once daily (approximately 24 hours)
in accordance watts the method prescribed by the manufacturer. The CEMS
calibration must, at a minimum, be adjusted whenever the daily ZD or CD
exceeds the limits in the Performance Specifications. If the ZD and/or
CD exceed(s) two time the limits in the Performance Specifications, or
if the cumulative adjustment to the ZD and/or CD exceed(s) three times
the limits in the Performance Specifications, hazardous waste burning
must immediately cease and the CEMS must be serviced and recalibrated.
Hazardous waste burning cannot resume until it is documented that the
CEMS is in compliance with the Performance Specifications by caging out
an Absolute Calibration Audit (ACA).

The daily system audit must include: 

A review of the calibration check data; 

An inspection of the control panel warning lights; and

An inspection of the sample transport and interference system (e.g.,
sample probes, filters, etc.) as appropriate.

In addition, all measurements from the CEMS must be retained in the
operating record for at least 5 years.

(ii) Respondent activities

Check, record, and quantify the ZD and CD at least once daily; and 

Retain all measurements from the CEMS in the operating record for at
least 5 years.

Performance Evaluation

(i) Data items

Under Appendix to Subpart EEE, Section 5, for Carbon Monoxide (CO),
Oxygen (O2), and Hydrocarbon (HC) CEMS, an ACA must be conducted
quarterly, and a Relative Accuracy Audit (RATA) must be conducted
yearly. An Interference Response Test must be performed whenever an ACA
or a RATA is conducted. When a performance fist is also required under
Section 63.1207 to document compliance with emission standards, the RATA
must coincide with the performance test. The audits must be conducted as
follows:

The RATA must be conducted at least yearly. This requirement applies to
O2 and CO CEMS;

The ACA must be conducted at least quarterly except in a quarter when a
RATA is conducted instead. This requirements applies to all CEMS; and

The interference response test must be conducted whenever an ACA or RATA
is conducted.

As required by Section 63.8(e)(5), HWCs shall furnish the EPA a copy of
a written report of the results of the performance evaluation
simultaneously with the performance test, or within 60 days of
completion of the performance evaluation if no test is required.

(ii) Respondent activities

Conduct the ACA, RATA or interference response test as applicable; and

Prepare and submit a written report of the results of the performance
evaluation.

Use of Alternative CEMS Spans 

(i) Data items

Under Appendix to Subpart EEE, Section 6.3.5, HWCs may request approval
to use alternative spans and ranges for CO, O2, and HC CEMS to those
specified in Appendix to Subpart EEE, Sections 6.3.1 through 6.3.4.
Alternate spans must be approved in writing in advance by the EPA.

(ii) Respondent activities

Prepare and submit a request to use an alternative CEMS span.

MISCELLANEOUS REQUIREMENTS

Alternative Risk Based Standards for HCl and Cl2

(i) Data items

If electing to comply with the alternative risk-based HCl and Cl2
emissions standards, you must submit a request with all required
supporting information at least one year before the comprehensive
performance test is to be conducted.  This includes: a finding that acid
sensitive waters would not be impacted; documentation on all modeling;
and documentation that the risk based emissions limit does not exceed
the MACT standard.

(ii) Respondent activities

Prepare and submit a request for alternative risk based HCl and Cl2
limits.

Additional HCl Production Furnace Requirements

(i)  Data items

HCl Production Furnaces that burn hazardous wastes are required to meet
40 CFR Part 63 Subpart NNNNN hazardous air pollutant emissions standards
from HCl product management activities, specifically for HCl storage
tanks, HCl transfer operations, and leaking equipment in HCl/Cl2
service.  Requirements include demonstration testing or an engineering
evaluation to document compliance with storage tank and transfer
operations standards, and implementing a “Leak Detection and Repair”
plan for any potentially leaking equipment.  Application of Subpart
NNNNN standards for HCl process vents for hazardous waste burning HCl
Production Furnaces would continue to be exempted.

(ii) Respondent activities

For HCl Production Furnaces that are under 40 CFR Part 63 Subpart NNNNN,
comply with emissions standards for HCl product management.

For HCl storage tanks and transfer operations either (1) conduct HCl
emissions performance testing, or (2) conduct a design evaluation which
demonstrates that the tank or transfer control device achieves the
required control efficiency.

For leaking equipment, comply with work practices standards that include
preparing and implementing a “Leak Detection and Repair” plan,
putting it in the operating record, and having it reviewed by the EPA.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECtION
METHODOLOGY, AND INFORMATION MANAGEMENT

The following subsections discuss how EPA will collect the information,
what activities EPA will perform once the information has been received,
and how EPA will manage the information it collects.  The subsections
also discuss how the information collection requirements affect small
entities.

5(a). 	AGENCY ACTIVITIES

Required Agency activities are described in this section.

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS 

Compliance with Alternative MACT Standards

None.

Extension of Compliance with Emission Standards

Review requests for extension of the compliance date; 

Review progress reports, if required by EPA; and 

Notify applicants of EPA’s determination.

Changes in Design, Operation, or Maintenance 

Review notifications of changes in design, operation, or maintenance,
and 

Notify applicants of EPA’s determination.

Use of Previous DRE Test Results to Demonstration Compliance with the
MACT DRE

Review DRE data, and 

Notify applicants of EPA’s determination.

Applicability of Particulate Matter and Opacity Standards during
Particulate Matter CEMS Correlation Tests

Review PM CEMS correlation test plans; and

Notify applicants of EPA’s determination.

Alternative Particulate Matter Standard for Liquid Boilers with Low
Feedrates of Metals

Review petitions for alternative particulate matter standard for liquid
boilers with low federates of metals, and

Notify applicants of EPA’s determination.

Hazardous Waste Residence Time

Review hazardous waste residence time calculation, and

Startups Shutdown and Malfunction Plan

Review startup, shutdown, and malfunction plans, and requested changes
to plan.

Notify applicants of EPA’s determination.

Automatic Waste Feed Cutoff (AWFCO)

 

Review excessive exceedance reports; and 

Notify applicants of EPA’s determination.

ESV Openings

Review ESV opening reports; and 

Notify applicants of EPA’s determination.

Combustion System Leaks

Review requests for approval of alternative means of combustion system
leak control; and

Notify applicants of EPA’s determination.

Operator Training and Certification

Review operator training and certification programs; and 

Notify applicants of EPA’s determination.

Operating and Maintenance Plan

Review bag leak detector exceedance reports; 

Review ESP and IWS monitoring procedures; and 

Notify applicants of EPA’s determination.

PERFORMANCE TESTING REQUIREMENTS

Data in Lieu of the Comprehensive Performance Test

 

Review requests to base compliance on data in lieu of a comprehensive
performance test,

Notify applicants of EPA’s determination.

Notification of Performance Test and CMS Performance Evaluation, and
Approval of Test Plan and CMS Performance Evaluation Plan

Review notifications of intention to conduct a performance test; 

Review notifications of delay in conducting a performance test; 

Review site-specific test plans, 

Request additional relevant information; and 

Notify applicants of EPA’s determination.

Notification of Compliance

Review notifications of compliance,

Review requests for a time extension for Notification of Compliance, and


Notify applicant of EPA’s determination.

Waiver of Performance Test

Review requests to waive or time extension a performance test

Notify applicants of EPA’s determination

MONITORING REQUIREMENTS

Feedstream Analysis 

Review feedstream analysis plan, as requested by EPA.

Alternative Compliance Monitoring Requirements for Standards other than
those Monitored with a CEMS

Review requests for approval of alternative monitoring requirements,
except for standards that must be monitored with a CEMS;

Review requests for approval of a waiver of an operating parameter
limit; 

Notify applicants of EPA’s determination for approval of alternative
monitoring requirements; and

Notify applicants of the EPA's determination for approval of a waiver of
an operating parameter limit.

Use of CEMS in Lieu of Operating Parameter Limits or Alternative Methods
in Lieu of CEMS

Review requests for approval of CEMS in lieu of operating parameter
limits;

Review requests for approval of alternate methods in lieu of CEMS; 

Notify applicants of EPA’s determination.

CMS Performance Evaluations 

Quality Control Program

Review CMS quality control programs; and 

Notify applicants of the EPA's determination.

Notification of Performance Evaluation 

Review notifications of CMS performance evaluation.

Additional Notification Requirements for Sources with Continuous
Monitoring Systems 

Review notifications of COMS data results will be used to determine
compliance with the applicable opacity emission standard; and

Review notifications that the criterion necessary to continue use of an
alternative to relative accuracy testing has been exceeded.

Submission of Site-specific Performance Evaluation Test Plan

Review site-specific performance evaluation test plans; 

Request additional relevant information; and 

Notify applicants of EPA’s determination.

Reporting Results of Continuous Monitoring System Performance
Evaluations

Review report of the results of CMS performance evaluations.

DRE

Review DRE operating parameter limits (submitted in the Notification of
Compliance).

Dioxins and Furans

 

Review dioxin and furan operating parameter limits (submitted in the
Notification of Compliance);

Review requests to substitute a different brand or type of carbon; 

Review requests to substitute a different brand or type of inhibitor; 

Notify applicants of EPA’s determination on requests to substitute a
different brand or type of carbon; and

Notify applicants of EPA’s determination on requests to substitute a
different brand or type of inhibitor.

Mercury

Review mercury operating parameter limits (submitted in the Notification
of compliance);

Review requests for approval to use a CEMS in lieu of operating
parameter limits;	

Notify applicants of EPA’s determination on requests to extrapolate
mercury feedrate limits; and

Notify applicants of EPA’s determination for approval to use a CEMS.

Particulate Matter

Review particulate matter operating parameter limits (submitted in the
Notification of Compliance).

Semivolatile Metals and Low Volatile Metals

Review semivolatile metals and low volatile metals operating parameter
limits (submitted in the Notification of Compliance);

Review requests for approval to use a CEMS in lieu of operating
parameter limits

Review requests to extrapolate semivolatile or low volatile metal
federate limits;

Notify applicants of EPA’s determination on requests to extrapolate
SVM and  LVM federate limits

Notify applicants of EPA’s determination for approval to use a CEMS.

Total Chlorine (Hydrogen Chlorine and Chlorine Gas)

Review total chlorine operating parameter limits (submitted in the
Notification of Compliance);

Review requests for approval to use a CEMS in lieu of operating limits; 

Review requests to substitute a different brand or type of sorbent; 

Notify applicants of the EPA's determination on request to substitute a
different brand or type of sorbent; and

Notify applicants of the EPA's determination for approval to use a CEMS.

NOTIFICATION REQUIREMENTS

Notification of Intent to Comply

Review draft and final NIC;

Review progress reports.

Initial Notifications

Review initial notifications;

Review applications for approval of construction or reconstruction, as
applicable; and

Notify applicants of EPA’s determination.

Adjustment to Time Periods or Postmark Deadlines for Submittal and
Review of Required Communications

Review requests for an adjustment to time periods or postmark deadlines
for submittal and review of required information; and 

Notify applicants of the EPA's determination.

Change in Information Already Provided

Review notifications of changes in information already provided.

Request to Reduce Frequency of Excess Emissions and Continuous
Monitoring System Performance Reports

Review requests to reduce the frequency of excess emissions and CMS
performance reports; and

Notify applicants of the EPA's determination.

Waiver of Recordkeeping or Reporting Requirements

Review requests to waive recordkeeping or reporting requirements; and	

Notify applicants of the EPA's determination. 

Data Compression

Review requests to use data compression techniques to record data on a
less frequent basis, and

Notify applicants of the EPA's determination.

RECORDKEEPING AND REPORTING REQUIREMENTS

Periodic and Immediate Startup, Shutdown, and Malfunction Reports

Review periodic startup, shutdown, and malfunction plan, as applicable;
and 	

Review immediate startup, shutdown, and malfunction plan, as applicable.
 

Excess Emissions and Continuous Monitoring System Performance Report and
Summary Report

Review excess emissions and CMS performance reports and summaries;

Review requests to reduce the frequency of excess emissions and CMS
performance reports; and

Notify applicants of the EPA’s determination.

General Recordkeeping Requirements

Inspect and review files of all information (including reports and
notifications), as necessary.

COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE
MINIMIZATION CONTROLS

Review requests for extensions of compliance dates;

Notify applicants of the EPA's determination.

QUALITY ASSURANCE PROCEDURE FOR CONTINUOUS EMISSIONS 

MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS 

Performance Evaluation

 

Review data collected from CEMS performance evaluations; and 

Notify applicants of the EPA's determination.

Use of Alternative CEMS Spans

Review requests for approval to use alternative CEMS spans and ranges;
and 

Notify applicants of the EPA’s determination. 

MISCELLANEOUS REQUIREMENTS

Alternative Risk Based HCl and Cl2 Standards

Review requests for alternative HCl and Cl2 risk based standards; and 

Notify applicants of the EPA’s determination. 

Additional HCl Production Furnace Requirements

Review HCl product management requirements (including the Leak Test and
Repair Plan, storage tank and transfer operations control efficiency
testing or engineering analysis). 

5(b).	COLLECTION METHODOLOGY AND MANAGEMENT

 

For the regulated community, much of the ICR activity is comprised of
recordkeeping requirements that are typically submitted by mail directly
(or computer files) to EPA for review.  Some recordkeeping information,
however, would also be kept in facility files.  This requires the
implementing authority to visit and collect from the facility any
information that needs to be reviewed.

Agency management of collected information includes review of
information, making determinations, and filing and storing information
collected.  In collecting and analyzing the information required for
HWCs, the Agency uses electronic equipment, including telephone systems,
personal computers, electronic mail, and database software, as
appropriate.  EPA ensures the accuracy and completeness of the collected
information by reviewing each submittal.

5(c). 	SMALL ENTITY FLEXIBILITY

EPA has considered the reporting and recordkeeping burdens of the rule
for small businesses.  The regulations allow much of the information
requirements be kept in facility records rather than in submittals to
EPA, thus reducing time and costs of providing the information.

Additionally, EPA has conducted an incremental assessment of cost
savings or burdens that may result from the proposed MACT Replacement
Standards on couple of Phase II HWC facilities that are identified as
small businesses.  Based on the analysis of available data, we conclude
that there would not be a significant economic impact to any of the
potentially impacted small business combustor companies resulting from
this proposed rule.  For details of the analysis, see the Regulatory
Impact Analysis contained in the docket to the HWC MACT Replacement
Rule.

5(d). 	COLLECTION SCHEDULE

All of the ICR requirements have clearly defined reporting schedules. 
For example, these include:

Periodic -- Comprehensive performance test plans and Notification of
Compliances are required to be submitted in a periodic, well defined,
manner. 

One-time -- Construction / reconstruction applications, alternative
monitoring requests, extension of compliance waivers, operating limit
waivers, are generally required on a one-time or as needed basis.

Intermittent -- AWFCO and ESV opening reports, test waivers, inhibitor
and carbon substitution requests, CEMS evaluation reports, are submitted
on an as needed basis with no defined schedule.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a). 	RESPONDENT BURDEN

EPA estimates respondent burden hours and costs for all the information
collection requirements covered by this ICR in Exhibit 1.  Exhibit 1
shows for each activity the burden hours (total and by labor type) per
respondent, as well as the overall burden hours for all respondents.

6(b). 	RESPONDENT COSTS

Exhibit 1 estimates the annual costs to respondents based on the cost of
labor, operation and maintenance (O&M), and capital.

Labor Costs 

EPA estimates an average respondent labor rate (including fringe and
overhead) of $113.38 for legal staff, $86.26 for managerial staff,
$66.36 for technical staff, $86.26 for consultant staff, and $31.95 for
clerical staff.  To derive these rates, EPA referred to the loaded
hourly rates in the previously approved ICR 1773.06.  EPA then applied
an adjustment factor of 1.115 to update the loaded hourly rates from
2002 levels to 2005 levels (based on employment cost indexes (ECIs)
developed by the U.S. Bureau of Labor Statistics, available at  
HYPERLINK "http://www.bls.gov/ncs/ect/home.htm" 
http://www.bls.gov/ncs/ect/home.htm . The March 2005 news release noted
that the ECI for private sector compensation costs increased by 3.8% in
2003, 3.9% in 2004, and 3.4% in 2005).  These estimates are based on
national averages, and include worker benefits (such as paid leave,
supplemental pay, insurance, retirements and savings, and social
security).

Operating and Maintenance Costs 

Operating and maintenance (O&M) costs are those costs associated with a
paperwork requirement incurred continually over the life of the ICR. 
They are defined by the Paper Reduction Act as “the recurring dollar
amount of cost associated with O&M or purchasing services.”  For this
ICR, O&M costs include:

Preparation of paper copies ($0.04/page).

Transmission by U.S. mail ($10/package via registered mail).

Recordkeeping in file cabinets.

Operation, maintenance, calibration, and testing of continuous
monitoring systems and continuous emissions monitors, with costs based
on recent quotes from instrument vendors.

Feedstream sampling and analysis.

Comprehensive performance compliance testing, with costs based on costs
from recent conducted testing programs.

Capital / Start up Costs

Capital equipment costs usually include any produced physical good
needed to provide the needed requested information, such as measuring
and monitoring equipment, machinery, and computers.  For this ICR,
capital / start-up costs include:

Continuous monitoring and continuous emissions monitoring systems, 

File cabinets for records storage, and 

Other miscellaneous equipment items needed to meet the recordkeeping and
reporting requirements.

Annualized Capital Costs

One time upfront capital equipment costs are annualized over the
expected lifetime of the equipment using the standard discounting rate
of 7%.

6(c). 	AGENCY BURDEN AND COST

EPA estimates Agency burden hours and costs associated with all the
requirements covered in this ICR in Exhibit 2.   EPA OSW Headquarters,
Regional, and State offices will be involved in these activities. 
Burden is due to review of test workplans, petitions, notifications, and
requests.

Hourly wage rates for the Agency are estimated at $77.87 for legal
staff, $66.21 for managerial staff, $49.44 for technical staff, $24.99
for clerical staff, and $49.44 for consultants.  Rates are based on the
Federal employee labor rates “Salary Table 2005-GS,” available at  
HYPERLINK "http://www.opm.gov/oca/05tables/pdf/gs_h.pdf" 
http://www.opm.gov/oca/05tables/pdf/gs_h.pdf , and an overhead rate of
1.6

It is estimated that it costs $0.57 each time the Agency has to contact
a facility (for example, to notify them of the results of a waiver
application).  This is based on $0.37 postage and $0.20 copying charges.

6(d). 	RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

RESPONDENT UNIVERSE

Table 1 shows the number of hazardous waste combustors that are in EPAs
HWC database.  The number of hazardous waste combustors was based on
various sources, including recent State and EPA/OSW Headquarters survey
data, industry reports, and in-house estimates. The units shown in table
1 are those that are currently operating and whose emissions information
is in EPAs database.

Table 1.  Existing Combustion Facilities in EPAs HWC Database

Combustion Unit Type	# of Units	# of 



Facilities

Cement Kilns	23	13

Lightweight Aggregate Kilns	7	3

Commercial Incinerators	15	10

On-Site Incinerators	77	56

Liquid Fuel Boilers	74	53

Solid Fuel Boilers	7	4

HCl Production Furnaces	10	8

Total	213	145



There are additional sources that will be (or are anticipated to be)
subject to the ICR  during the next three years

Eleven onsite incinerators for whom EPA did not have emissions data  for
use in calculating MACT standards, but are listed in EPAs Biennial
Reporting System (BRS) as combusting hazardous waste

An estimated six mobile incinerators operating at remediation sites

An estimated eight new HWCs (include a projected 3 new incinerators, one
new CK, three new liquid boilers, and one new HCl Production Furnaces) 

This would increase the total number of sources impacted by this ICR to
238.

There may be a few other facilities not known to us through our
databases. However, we estimate that the number of such facilities will
be smaller than those that will cease burning hazardous waste because
they may find compliance with the replacement MACT standards to be
economically not feasible. (See Regulatory Impact analysis for HWC MACT
Rule for more information). So, the number of HWC units affected by this
ICR are estimated as below:

Table 2.  Estimated Total HWC Facilities Impacted by ICR 

Combustion Unit Type	# of Units	# of 



Facilities

Cement Kilns	24	14

Lightweight Aggregate Kilns	7	3

Commercial Incinerators	15	10

On-Site Incinerators	97	76

Liquid Fuel Boilers	77	56

Solid Fuel Boilers	7	4

HCl Production Furnaces	11	9

Total	238	170



TOTAL BURDEN AND COSTS

The following discusses the type and number of sources for which each of
the specific ICR requirements is estimated to apply.  Exhibit 1 shows
the labor hours and labor category estimates, and the O&M and annualized
capital costs, required for each of the specific ICR activities.

WHO IS SUBJECT TO THESE REGULATIONS

All HWCs will read the regulations at 40 CFR Part 63, Subparts A and
EEE.

STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, CEMENT KILNS, AND
LIGHTWEIGHT AGGREGATE KILNS

Emission Averaging for Cement Kilns with In-line Kiln Raw Mills

 tc \l4 "Emission Averaging for Cement Kilns with In-line Kiln Raw Mills


We estimate that 3 cement kilns with in-line kiln raw mills will comply
with the emission averaging requirements for kilns of this type.  Thus,
they will conduct a performance test when the raw mill is on-line and
when the mill is off-line, and include the averaging procedures in their
Notification of Compliance and operating record.  We note that these
procedures are similar to that currently required under RCRA BIF
regulations.

No specific additional recordkeeping or reporting requirements beyond
those required of the current RCRA regulations 

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS 

Compliance with Alternative MACT Standards

For Phase I and Phase II sources, it is estimated that 5% of sources
will document in the operating record compliance with alternative
applicable Clean Air Act requirements and standards.  

Extension of Compliance with Emission Standards

It is estimated that 20% of all sources will apply for an extension of
compliance with emission standards, of which 10% will be granted
extensions

Changes in Design, Operation, or Maintenance

It is estimated that 50% of the sources will be making design,
operation, and maintenance changes to comply with the MACT rule.  These
changes will not initiate additional comprehensive performance testing
beyond the initial testing that is required. 

Use of Previous DRE Test Results to Demonstrate Compliance with DRE MACT
Standards

It is estimated that 75% of sources will request the use of previous DRE
test results for demonstrating compliance with the MACT DRE standard.  

Applicability of Particulate Matter and Opacity Standards during
Particulate Matter CEMS Correlation Tests

Among all source categories, it is anticipated that about 39 sources
will conduct PM CEMS correlation testing and request a waiver of PM and
opacity standards during the testing. (This includes all units with
fabric filters and about 10% of sources with electrostatic precipitators
or Ionizing wet scrubbers). It is estimated that none of these sources
will request an extension of the 96 hours allowed for the waiver.

Alternative to the Particulate Matter Standard 

It is estimated that 10% of onsite incinerators and 10% of liquid
boilers will petition for an alternative to the particulate matter
standard.

Hazardous Waste Residence Time

All sources will include an estimate of hazardous waste residence time
in the comprehensive performance test plan.  

Startup, Shutdown, and Malfunction Plan

All sources will develop a startup, shutdown, and malfunction plan.  

Automatic Waste Feed Cutoff (AWFCO)

It is estimated that:

All sources will have 1 AWFCO per year; 

10% will have to file an excessive exceedances report (i.e., >10 AWFCOs
in any 60-day block period) per year;

50% will conduct weekly AWFCO system inspections, while 50% will conduct
monthly system testing.

All will document in the operating record the use of ramp down
procedures. 

ESV Openings

For Phase II sources, it is estimated that none have ESVs, and none will
have to develop an ESV operating plan. 

It is estimated that 50% of hazardous waste incinerators have ESVs, and
will  develop an ESV operating plan.  On average, each unit will have 6
ESV openings per year.

Combustion System Leaks

It is estimated that 50% of all sources will request approval to use an
alternative means to provide control of combustion system leaks (control
through a positively sealed combustion chamber). These facilities must
specify in their operating record and comprehensive performance test
plan the method used for control of combustion system leaks. 

Operator Training and Certification

It is estimated that all commercial incinerators and 50% of other
sources currently have a sufficient operating training and certification
program.  Other facilities will likely develop a site-specific training
and certification program.  

Operation and Maintenance Plan

All facilities will develop an operation an maintenance plan.  All units
with fabric filters (about 34 sources), will have to purchase, install,
and operate bag leak detection systems.  It is estimated that of the
sources with ESPs or IWSs (about 45 sources), 90% will request to use
operating parameter limits instead of continuous particulate detectors.

PERFORMANCE TESTING REQUIREMENTS

Comprehensive Performance Test

All HWCs will conduct a comprehensive performance testing to meet the
Replacement Rule.  This testing is similar to that required under
current RCRA BIF requirements although there may be some additional
costs.  Note that units that do not have a numerical PCDD/PCDF standards
(all HCl Production furnaces, solid boilers and liquid boilers that do
not have dry air pollution control devices) (and which have not yet made
PCDD/PCDF measurements) – 6 solid boilers and 37 liquid boilers, 1 HCl
Production Furnace -- will be required to conduct a one time PCDD/PCDF
test. Additionally, it is estimated that all LWAKs will choose to comply
with the requirement of rapidly quenching their exhaust gases to below
400°F at the kiln exit instead of the numerical dioxin/furan standards.
However, all these LWAKs have made PCDD/PCDF measurements and thus it is
estimated that they would not require an additional one time PCDD/PCDF
test.

Confirmatory Performance Test

For all sources that have a numerical PCDD/PCDF standard –
Incinerators, Cement Kilns and, and liquid boilers with dry APCDs (about
6 units) -- confirmatory testing for PCDD/PCDF is required. 

Data in Lieu of the Comprehensive Performance Test

It is estimated that 10% of all facilities will submit a request to use
previous emissions test data to serve as documentation of compliance
with emission standards. 

Notification of Performance Test and CMS Performance Evaluation, and
Approval of Test Plan and CMS Performance Evaluation Plan

All facilities will submit a notification of intent to conduct a
performance test.  These facilities will also be required to prepare and
submit and a site-specific comprehensive performance and CMS performance
test plan.

It is estimated that 1 source per year will reschedule their performance
test date and thus be required to submit a rescheduled notification of
intent to conduct a performance test.

Additionally, 50% of submitting a site-specific performance test plan
will be requested to submit additional relevant information.

Notification of Compliance

All facilities will submit a Notification of Compliance every time they
complete a comprehensive performance test. 

Waiver or Time Extension of Performance Test

It is estimated that 10% of facilities conducting the comprehensive
performance test will apply for a waiver or time extension. 

MONITORING REQUIREMENTS

Continuous Emissions Monitoring Systems (CEMS) and Continuous Opacity
Monitoring Systems (COMS)

All facilities are already required to monitor for carbon monoxide (CO)
or hydrocarbons (HC) and oxygen under current regulatory requirements,
thus there is no capital investment burden to the Replacement Rule MACT
requirements.

Continuous Monitoring Systems

All facilities are currently equipped with all CMS required with the
Replacement Rule.  Thus, there is no capital investment burden.  No
additional requirements for Phase I sources.

Feedstream Analysis Plan

All HWCs already have developed and implemented feedstream analysis
plans under current RCRA requirements (referred to as the waste analysis
plan). There is no incremental burden for this requirement.  

Alternative Compliance Monitoring Requirements for Standards other than
those Monitored with a CEMS

It is estimated that 10% of all facilities will apply for and receive
approval to use alternative monitoring requirements to document
compliance with the emission standards of Subpart EEE other than CO or
HC which are monitored with a CEMS. 

Use of CEMS in lieu of Operating Parameter Limits; or Alternative
Methods in lieu of CEMS

It is estimated that no facilities will make a request to use
alternatives to CEMS or CEMS in lieu of operating parameters.  

Destruction and Removal Efficiency

It is estimated that all currently operating HWCs have equipment needed
for the MACT DRE monitoring requirements.  

Dioxins and Furans

IT is estimated that all currently operating HWCs have equipment needed
for the MACT PCDD/PCDF monitoring requirements.  It is estimated that no
facilities will chose to use a CEMS for compliance monitoring.

Mercury

It is estimated that all currently operating HWCs have equipment needed
for the MACT Hg monitoring requirements.  It is estimated that no
facilities will chose to use a CEMS for compliance monitoring.  It is
estimated that 10% of facilities will make a request to set feedrate
limits with extrapolation. 

Particulate Matter

For all sources, it is estimated that all currently operating HWCs have
the equipment needed to comply with the MACT PM monitoring requirements.
 It is estimated that no facilities will chose to use a CEMS for
compliance monitoring.    

Semivolatile Metals and Low Volatile Metals

It is estimated that all currently operating HWCs have the equipment
needed to comply with the MACT SVM and LVM monitoring requirements.  It
is estimated that 10% of facilities will make a request to set feedrate
limits with extrapolation.  It is estimated that no facilities will
chose to use a CEMS for compliance monitoring.  

Total Chlorine (HCl and Chlorine Gas)

It is estimated that all currently operating HWCs have the equipment
needed for the MACT total chlorine monitoring requirements.  It is
estimated that no facilities will chose to use a CEMS for compliance
monitoring. 

Combustion Chamber Pressure

It is anticipated that all Phase II facilities will comply with the
combustion leak requirements through a request to keep the combustion
chamber fully sealed.  No additional requirements for Phase I sources.

Operating under Different Modes of Operation

It is estimated that 50% of all facilities will perform the
comprehensive performance test under two or more operating modes. These
facilities will be required to document what operating mode they are in
during subsequent on-going day to day operations.  

CMS PERFORMANCE EVALUATION

As part of the comprehensive performance test, HWCs will submit a CMS
quality control program, notification of performance evaluation and
additional notification requirements, performance evaluation test plan,
and conduct a CMS performance test.  Also, it is estimated that EPA will
also request additional relevant information for the site-specific CMS
performance test plan from 10% of the facilities performing the test. 

NOTIFICATION REQUIREMENTS

Notification of Intent to Comply

All Phase II and Phase I sources will prepare a draft NIC, notify the
public about a NIC meeting, conduct the NIC meeting, prepare a final NIC
with meeting comments, and submit the NIC to EPA.  All Phase II and
Phase I sources will complete the progress report.  Note that Phase I
sources have already gone through the NIC process for the 1999 HWC MACT
Rule; thus it will require less effort for the Replacement Rule.

Initial Notifications

All facilities will submit an initial notification.  Additionally, as
part of the initial notification, it is estimated that 5% of facilities
will apply for construction approval and 5% facilities will apply for
reconstruction approval.  It is anticipated that additional relevant
information will be requested from each facility.  

Adjustment to Time Periods or Postmark Deadlines for Submittal and
Review of Required Communications

It is estimated that 25% of all facilities will submit a request for an
adjustment to a time period or postmark deadline.  

Change in Information Already Provided

It is estimated that 25% of all facilities will submit change(s) to
information already provided.  

Request to Reduce Frequency of Excess Emissions and CMS Performance
Reports

It is estimated that 10% of facilities will submit a request to reduce
frequency of excess emissions and continuous system performance reports
from a quarterly (or more frequent basis). 

Waiver of Recordkeeping or Reporting Requirements

It is estimated that 1% of all facilities will submit a waiver of
recordkeeping or reporting requirements.  

Data Compression

It is estimated that 25% of facilities will submit a request for
approval to use data compression techniques.  

RECORDKEEPING AND REPORTING REQUIREMENTS

Periodic and Immediate Startup, Shutdown, and Malfunction Reports

It is anticipated that 25% of facilities will take actions during a
startup, shutdown, or malfunction that are consistent with the
procedures specified in the facility's startup, shutdown, or malfunction
plan. These facilities are required to submit a periodic startup,
shutdown, and malfunction report.  Another 10% of facilities will take
actions that are not consistent with procedures specified in their
plans. These facilities acquired to submit an immediate startup,
shutdown, and malfunction report.  

Excess Emissions and Continuous Monitoring System Performance Report and
Summary Report

It is anticipated that all facilities will submit an excess emissions
and continuous monitoring system performance report and summary report. 


General Recordkeeping Requirements

It is estimated that it will take 40 hours each year for each of the HWC
facilities to maintain copies of all required information (information
must be retained for five years). Additionally, it is estimated that to
maintain files for the required five years, facilities will purchase
file cabinets.  

Additional Recordkeeping Requirements for Sources with Continuous
Monitoring Systems

All sources will need to maintain copies of all required information for
continuous monitoring systems.  

Documentation of Compliance

It is anticipated that all facilities will develop a Documentation of
Compliance to be included in their operating records

COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE
MINIMIZATION CONTROLS

It is estimated that 10% of sources will submit a one-time request for a
compliance extension due to the installation of controls, and that
another 10% will submit a one-time request for a compliance extension
for waste minimization purposes.  

QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR
HAZARDOUS WASTE COMBUSTORS 

Performance Evaluation

All sources must meet the QA requirements for CEMS.  These requirements
are very similar to those currently required under RCRA.  

Use of Alternative CEMS Spans

It is estimated that no source will submit requests to use an
alternative CEMS span. 

MISCELLANEOUS REQUIREMENTS

Alternative Risk Based Chlorine Standards

It is estimated that 25% of Phase I and Phase II facilities will request
to comply with the alternative risk based chlorine standards.

Additional HCl Production Furnaces Requirements

It is estimated that 10% of the HCl Production Furnaces will be required
to comply with HCl product management requirements of 40 CFR Part 63
Subpart NNNNN.

6(e). 	BOTTOM LINE BURDEN HOUR AND COST TABLES

Respondent Tally

Exhibit 1 shows the estimated total annual burden and cost to
respondents.  The annual respondent burden is 201,527 hours at a total
cost of $19,837,672 for a total of 238 respondents, requiring 3,975
responses.  These costs include capital/startup costs and O&M costs of
$107,742 and $5,159,129 respectively.  The incremental burden due to
this rule (above the previously approved ICR # 1773.06) is 50,188 hours.
The incremental Capital/Startup and O&M costs are $92,341 and $1,248,804
respectively.

Agency Tally

Exhibit 2 shows the estimated total annual burden and cost to the
Agency.  The estimated annual burden is 23,069 hours at a total cost of
$1,177,523.  The incremental burden due to this rule is 13,127 hours.  

6(f). 	REASONS FOR CHANGE IN BURDEN

The increase in burden from the existing approved ICR #1773.06 is
primarily due to the addition of burden from Phase II sources.  The
final rule is now regulating boilers and hydrochloric acid production
furnaces under the MACT rule.  The universe of HWCs has now increased to
238 instead of 161 earlier. 

6(g). 	BURDEN STATEMENT

  SEQ CHAPTER \h \r 1 	  The annual public reporting and recordkeeping
burden on each of the 238 units covered by this ICR is estimated to
average 847 hours.  Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or disclose
or provide information to or for a Federal agency.  This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.  An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.  The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9.

  SEQ CHAPTER \h \r 1 To comment on the Agency's need for this
information, the accuracy of the provided burden estimates, and any
suggested methods for minimizing respondent burden, including the use of
automated collection techniques, EPA has established a public docket for
this ICR under Docket ID Number RCRA-2002-0030, which is available for
public viewing at the EPA Resource Conservation and Recovery Act (RCRA)
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the EPA RCRA Docket is
(202) 566-0270. An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Use
EDOCKET to submit or view public comments, access the index listing of
the contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number RCRA-2002-0030 and OMB Control Number 2050-0171
in any correspondence.  

 

	 

 Numbers in the table do not include “sister” data-in-lieu units. 
For these units, there will be no significant additional ICR costs
beyond those associated with the unit that is included in the Table 1

 Numbers in column do not add up to the total because some facilities
have more than one type of source category

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