[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2011 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                         Title 40

                   Protection of Environment


________________________

           Part 60 (Sec.  60.1 to end of part 60 sections)

                         Revised as of July 1, 2011

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2011
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency                 3
  Finding Aids:
      Table of CFR Titles and Chapters........................    1193
      Alphabetical List of Agencies Appearing in the CFR......    1213
      List of CFR Sections Affected...........................    1223

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 60.1 refers 
                       to title 40, part 60, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2011), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
April 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning April 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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register.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2011.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-three 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-end 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-95, parts 96-99, parts 100-135, parts 136-149, parts 
150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, 
parts 400-424, parts 425-699, parts 700-789, parts 790-999, and part 
1000 to end. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of July 1, 2011.

    Chapter I--Environmental Protection Agency appears in all thirty-
three volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing part 1000 to end. The OMB control numbers for title 40 
appear in Sec.  9.1 of this chapter.

    For this volume, Jonn V. Lilyea was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




   (This book contains part 60, Sec. 60.1 to end of part 60 sections)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          60

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
60              Standards of performance for new stationary 
                    sources.................................           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--
Table of Contents



                      Subpart A_General Provisions

Sec.
60.1 Applicability.
60.2 Definitions.
60.3 Units and abbreviations.
60.4 Address.
60.5 Determination of construction or modification.
60.6 Review of plans.
60.7 Notification and record keeping.
60.8 Performance tests.
60.9 Availability of information.
60.10 State authority.
60.11 Compliance with standards and maintenance requirements.
60.12 Circumvention.
60.13 Monitoring requirements.
60.14 Modification.
60.15 Reconstruction.
60.16 Priority list.
60.17 Incorporations by reference.
60.18 General control device and work practice requirements.
60.19 General notification and reporting requirements.

Table 1 to Subpart A to Part 60-Detection Sensitivity Levels (grams per 
          hour)

     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities

60.20 Applicability.
60.21 Definitions.
60.22 Publication of guideline documents, emission guidelines, and final 
          compliance times.
60.23 Adoption and submittal of State plans; public hearings.
60.24 Emission standards and compliance schedules.
60.25 Emission inventories, source surveillance, reports.
60.26 Legal authority.
60.27 Actions by the Administrator.
60.28 Plan revisions by the State.
60.29 Plan revisions by the Administrator.

           Subpart C_Emission Guidelines and Compliance Times

60.30 Scope.
60.31 Definitions.

Subpart Ca [Reserved]

Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal 
  Waste Combustors That Are Constructed on or Before September 20, 1994

60.30b Scope and delegation of authority.
60.31b Definitions.
60.32b Designated facilities.
60.33b Emission guidelines for municipal waste combustor metals, acid 
          gases, organics, and nitrogen oxides.
60.34b Emission guidelines for municipal waste combustor operating 
          practices.
60.35b Emission guidelines for municipal waste combustor operator 
          training and certification.
60.36b Emission guidelines for municipal waste combustor fugitive ash 
          emissions.
60.37b Emission guidelines for air curtain incinerators.
60.38b Compliance and performance testing.
60.39b Reporting and recordkeeping guidelines and compliance schedules.

Table 1 to Subpart Cb of Part 60--Nitrogen Oxides Guidelines for 
          Designated Facilities
Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for Existing 
          Designated Facilities Included in an Emissions Averaging Plan 
          at a Municipal Waste Combustor Plant
Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor Operating 
          Guidelines

Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

60.30c Scope.
60.31c Definitions.
60.32c Designated facilities.
60.33c Emission guidelines for municipal solid waste landfill emissions.
60.34c Test methods and procedures.
60.35c Reporting and recordkeeping guidelines.
60.36c Compliance times.

 Subpart Cd_Emissions Guidelines and Compliance Times for Sulfuric Acid 
                            Production Units

60.30d Designated facilities.
60.31d Emissions guidelines.

[[Page 6]]

60.32d Compliance times.

    Subpart Ce_Emission Guidelines and Compliance Times for Hospital/
                  Medical/Infectious Waste Incinerators

60.30e Scope.
60.31e Definitions.
60.32e Designated facilities.
60.33e Emission guidelines.
60.34e Operator training and qualification guidelines.
60.35e Waste management guidelines.
60.36e Inspection guidelines.
60.37e Compliance, performance testing, and monitoring guidelines.
60.38e Reporting and recordkeeping guidelines.
60.39e Compliance times.

Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Designated Facilities as Defined in Sec. 
          60.32e(a)(1)
Table 1B to Subpart Ce of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Designated Facilities as Defined in Sec. 
          60.32e(a)(1) and (a)(2)
Table 2A to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
          Which Meet the Criteria Under Sec. 60.33e(b)(1)
Table 2B to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
          Which Meet the Criteria Under Sec. 60.33e(b)(2)

     Subpart D_Standards of Performance for Fossil-Fuel-Fired Steam 
  Generators for Which Construction Is Commenced After August 17, 1971

60.40 Applicability and designation of affected facility.
60.41 Definitions.
60.42 Standard for particulate matter (PM).
60.43 Standard for sulfur dioxide (SO2).
60.44 Standard for nitrogen oxides (NOX).
60.45 Emission and fuel monitoring.
60.46 Test methods and procedures.

     Subpart Da_Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction is Commenced After September 18, 
                                  1978

60.40Da Applicability and designation of affected facility.
60.41Da Definitions.
60.42Da Standard for particulate matter (PM).
60.43Da Standard for sulfur dioxide (SO2).
60.44Da Standard for nitrogen oxides (NOX).
60.45Da Standard for mercury (Hg).
60.46Da [Reserved]
60.47Da Commercial demonstration permit.
60.48Da Compliance provisions.
60.49Da Emission monitoring.
60.50Da Compliance determination procedures and methods.
60.51Da Reporting requirements.
60.52Da Recordkeeping requirements.

     Subpart Db_Standards of Performance for Industrial-Commercial-
                  Institutional Steam Generating Units

60.40b Applicability and delegation of authority.
60.41b Definitions.
60.42b Standard for sulfur dioxide (SO2).
60.43b Standard for particulate matter (PM).
60.44b Standard for nitrogen oxides (NOX).
60.45b Compliance and performance test methods and procedures for sulfur 
          dioxide.
60.46b Compliance and performance test methods and procedures for 
          particulate matter and nitrogen oxides.
60.47b Emission monitoring for sulfur dioxide.
60.48b Emission monitoring for particulate matter and nitrogen oxides.
60.49b Reporting and recordkeeping requirements.

  Subpart Dc_Standards of Performance for Small Industrial-Commercial-
                  Institutional Steam Generating Units

60.40c Applicability and delegation of authority.
60.41c Definitions.
60.42c Standard for sulfur dioxide (SO2).
60.43c Standard for particulate matter (PM).
60.44c Compliance and performance test methods and procedures for sulfur 
          dioxide.
60.45c Compliance and performance test methods and procedures for 
          particulate matter.
60.46c Emission monitoring for sulfur dioxide.
60.47c Emission monitoring for particulate matter.
60.48c Reporting and recordkeeping requirements.

 Subpart Ea_Standards of Performance for Municipal Waste Combustors for 
Which Construction is Commenced After December 20, 1989 and on or Before 
                           September 20, 1994

60.50a Applicability and delegation of authority.
60.51a Definitions.
60.52a Standard for municipal waste combustor metals.
60.53a Standard for municipal waste combustor organics.
60.54a Standard for municipal waste combustor acid gases.

[[Page 7]]

60.55a Standard for nitrogen oxides.
60.56a Standard for municipal waste combustor operating practices.
60.57a [Reserved]
60.58a Compliance and performance testing.
60.59a Reporting and recordkeeping requirements.

Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996

60.50b Applicability and delegation of authority.
60.51b Definitions.
60.52b Standards for municipal waste combustor metals, acid gases, 
          organics, and nitrogen oxides.
60.53b Standards for municipal waste combustor operating practices.
60.54b Standards for municipal waste combustor operator training and 
          certification.
60.55b Standards for municipal waste combustor fugitive ash emissions.
60.56b Standards for air curtain incinerators.
60.57b Siting requirements.
60.58b Compliance and performance testing.
60.59b Reporting and recordkeeping requirements.

  Subpart Ec_Standards of Performance for Hospital/Medical/Infectious 
 Waste Incinerators for Which Construction is Commenced After June 20, 
                                  1996

60.50c Applicability and delegation of authority.
60.51c Definitions.
60.52c Emission limits.
60.53c Operator training and qualification requirements.
60.54c Siting requirements.
60.55c Waste management plan.
60.56c Compliance and performance testing.
60.57c Monitoring requirements.
60.58c Reporting and recordkeeping requirements.

Table 1 to Subpart Ec--Emissions Limits for Small, Medium, and Large 
          HMIWI at Affected Facilities as Defined in Sec. 60.50c(a)(1) 
          and (2)
Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Affected Facilities as Defined in Sec. 
          60.50c(a)(1) and (2)
Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Affected Facilities as Defined in Sec. 
          60.50c(a)(3) and (4)
Table 2 to Subpart Ec--Toxic Equivalency Factors
Table 3 to Subpart Ec--Operating Parameters To Be Monitored and Minimum 
          Measurement and Recording Frequencies

      Subpart F_Standards of Performance for Portland Cement Plants

60.60 Applicability and designation of affected facility.
60.61 Definitions.
60.62 Standard for particulate matter.
60.63 Monitoring of operations.
60.64 Test methods and procedures.
60.65 Recordkeeping and reporting requirements.
60.66 Delegation of authority.

        Subpart G_Standards of Performance for Nitric Acid Plants

60.70 Applicability and designation of affected facility.
60.71 Definitions.
60.72 Standard for nitrogen oxides.
60.73 Emission monitoring.
60.74 Test methods and procedures.

       Subpart H_Standards of Performance for Sulfuric Acid Plants

60.80 Applicability and designation of affected facility.
60.81 Definitions.
60.82 Standard for sulfur dioxide.
60.83 Standard for acid mist.
60.84 Emission monitoring.
60.85 Test methods and procedures.

    Subpart I_Standards of Performance for Hot Mix Asphalt Facilities

60.90 Applicability and designation of affected facility.
60.91 Definitions.
60.92 Standard for particulate matter.
60.93 Test methods and procedures.

       Subpart J_Standards of Performance for Petroleum Refineries

60.100 Applicability, designation of affected facility, and 
          reconstruction.
60.101 Definitions.
60.102 Standard for particulate matter.
60.103 Standard for carbon monoxide.
60.104 Standards for sulfur oxides.
60.105 Monitoring of emissions and operations.
60.106 Test methods and procedures.
60.107 Reporting and recordkeeping requirements.
60.108 Performance test and compliance provisions.

[[Page 8]]

60.109 Delegation of authority.

 Subpart Ja_Standards of Performance for Petroleum Refineries for Which 
 Construction, Reconstruction, or Modification Commenced After May 14, 
                                  2007

60.100a Applicability, designation of affected facility, and 
          reconstruction.
60.101a Definitions.
60.102a Emissions limitations.
60.103a Work practice standards.
60.104a Performance tests.
60.105a Monitoring of emissions and operations for fluid catalytic 
          cracking units (FCCU) and fluid coking units (FCU).
60.106a Monitoring of emissions and operations for sulfur recovery 
          plants.
60.107a Monitoring of emissions and operations for fuel gas combustion 
          devices.
60.108a Recordkeeping and reporting requirements.
60.109a Delegation of authority.

  Subpart K_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After June 11, 1973, and Prior to May 19, 1978

60.110 Applicability and designation of affected facility.
60.111 Definitions.
60.112 Standard for volatile organic compounds (VOC).
60.113 Monitoring of operations.

 Subpart Ka_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After May 18, 1978, and Prior to July 23, 1984

60.110a Applicability and designation of affected facility.
60.111a Definitions.
60.112a Standard for volatile organic compounds (VOC).
60.113a Testing and procedures.
60.114a Alternative means of emission limitation.
60.115a Monitoring of operations.

Subpart Kb_Standards of Performance for Volatile Organic Liquid Storage 
     Vessels (Including Petroleum Liquid Storage Vessels) for Which 
 Construction, Reconstruction, or Modification Commenced After July 23, 
                                  1984

60.110b Applicability and designation of affected facility.
60.111b Definitions.
60.112b Standard for volatile organic compounds (VOC).
60.113b Testing and procedures.
60.114b Alternative means of emission limitation.
60.115b Reporting and recordkeeping requirements.
60.116b Monitoring of operations.
60.117b Delegation of authority.

     Subpart L_Standards of Performance for Secondary Lead Smelters

60.120 Applicability and designation of affected facility.
60.121 Definitions.
60.122 Standard for particulate matter.
60.123 Test methods and procedures.

   Subpart M_Standards of Performance for Secondary Brass and Bronze 
                            Production Plants

60.130 Applicability and designation of affected facility.
60.131 Definitions.
60.132 Standard for particulate matter.
60.133 Test methods and procedures.

  Subpart N_Standards of Performance for Primary Emissions from Basic 
Oxygen Process Furnances for Which Construction is Commenced After June 
                                11, 1973

60.140 Applicability and designation of affected facility.
60.141 Definitions.
60.142 Standard for particulate matter.
60.143 Monitoring of operations.
60.144 Test methods and procedures.

 Subpart Na_Standards of Performance for Secondary Emissions from Basic 
    Oxygen Process Steelmaking Facilities for Which Construction is 
                    Commenced After January 20, 1983

60.140a Applicability and designation of affected facilities.
60.141a Definitions.
60.142a Standards for particulate matter.
60.143a Monitoring of operations.
60.144a Test methods and procedures.
60.145a Compliance provisions.

     Subpart O_Standards of Performance for Sewage Treatment Plants

60.150 Applicability and designation of affected facility.
60.151 Definitions.
60.152 Standard for particulate matter.
60.153 Monitoring of operations.
60.154 Test methods and procedures.
60.155 Reporting.
60.156 Delegation of authority.

[[Page 9]]

     Subpart P_Standards of Performance for Primary Copper Smelters

60.160 Applicability and designation of affected facility.
60.161 Definitions.
60.162 Standard for particulate matter.
60.163 Standard for sulfur dioxide.
60.164 Standard for visible emissions.
60.165 Monitoring of operations.
60.166 Test methods and procedures.

      Subpart Q_Standards of Performance for Primary Zinc Smelters

60.170 Applicability and designation of affected facility.
60.171 Definitions.
60.172 Standard for particulate matter.
60.173 Standard for sulfur dioxide.
60.174 Standard for visible emissions.
60.175 Monitoring of operations.
60.176 Test methods and procedures.

      Subpart R_Standards of Performance for Primary Lead Smelters

60.180 Applicability and designation of affected facility.
60.181 Definitions.
60.182 Standard for particulate matter.
60.183 Standard for sulfur dioxide.
60.184 Standard for visible emissions.
60.185 Monitoring of operations.
60.186 Test methods and procedures.

Subpart S_Standards of Performance for Primary Aluminum Reduction Plants

60.190 Applicability and designation of affected facility.
60.191 Definitions.
60.192 Standard for fluorides.
60.193 Standard for visible emissions.
60.194 Monitoring of operations.
60.195 Test methods and procedures.

    Subpart T_Standards of Performance for the Phosphate Fertilizer 
              Industry: Wet-Process Phosphoric Acid Plants

60.200 Applicability and designation of affected facility.
60.201 Definitions.
60.202 Standard for fluorides.
60.203 Monitoring of operations.
60.204 Test methods and procedures.

    Subpart U_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Superphosphoric Acid Plants

60.210 Applicability and designation of affected facility.
60.211 Definitions.
60.212 Standard for fluorides.
60.213 Monitoring of operations.
60.214 Test methods and procedures.

    Subpart V_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Diammonium Phosphate Plants

60.220 Applicability and designation of affected facility.
60.221 Definitions.
60.222 Standard for fluorides.
60.223 Monitoring of operations.
60.224 Test methods and procedures.

    Subpart W_Standards of Performance for the Phosphate Fertilizer 
                 Industry: Triple Superphosphate Plants

60.230 Applicability and designation of affected facility.
60.231 Definitions.
60.232 Standard for fluorides.
60.233 Monitoring of operations.
60.234 Test methods and procedures.

    Subpart X_Standards of Performance for the Phosphate Fertilizer 
       Industry: Granular Triple Superphosphate Storage Facilities

60.240 Applicability and designation of affected facility.
60.241 Definitions.
60.242 Standard for fluorides.
60.243 Monitoring of operations.
60.244 Test methods and procedures.

 Subpart Y_Standards of Performance for Coal Preparation and Processing 
                                 Plants

60.250 Applicability and designation of affected facility.
60.251 Definitions.
60.252 Standards for thermal dryers.
60.253 Standards for pneumatic coal-cleaning equipment.
60.254 Standards for coal processing and conveying equipment, coal 
          storage systems, transfer and loading systems, and open 
          storage piles.
60.255 Performance tests and other compliance requirements.
60.256 Continuous monitoring requirements.
60.257 Test methods and procedures.
60.258 Reporting and recordkeeping.

 Subpart Z_Standards of Performance for Ferroalloy Production Facilities

60.260 Applicability and designation of affected facility.
60.261 Definitions.
60.262 Standard for particulate matter.
60.263 Standard for carbon monoxide.
60.264 Emission monitoring.
60.265 Monitoring of operations.

[[Page 10]]

60.266 Test methods and procedures.

   Subpart AA_Standards of Performance for Steel Plants: Electric Arc 
Furnaces Constructed After October 21, 1974 and On or Before August 17, 
                                  1983

60.270 Applicability and designation of affected facility.
60.271 Definitions.
60.272 Standard for particulate matter.
60.273 Emission monitoring.
60.274 Monitoring of operations.
60.275 Test methods and procedures.
60.276 Recordkeeping and reporting requirements.

  Subpart AAa_Standards of Performance for Steel Plants: Electric Arc 
  Furnaces and Argon-Oxygen Decarburization Vessels Constructed After 
                             August 7, 1983

60.270a Applicability and designation of affected facility.
60.271a Definitions.
60.272a Standard for particulate matter.
60.273a Emission monitoring.
60.274a Monitoring of operations.
60.275a Test methods and procedures.
60.276a Recordkeeping and reporting requirements.

        Subpart BB_Standards of Performance for Kraft Pulp Mills

60.280 Applicability and designation of affected facility.
60.281 Definitions.
60.282 Standard for particulate matter.
60.283 Standard for total reduced sulfur (TRS).
60.284 Monitoring of emissions and operations.
60.285 Test methods and procedures.

   Subpart CC_Standards of Performance for Glass Manufacturing Plants

60.290 Applicability and designation of affected facility.
60.291 Definitions.
60.292 Standards for particulate matter.
60.293 Standards for particulate matter from glass melting furnace with 
          modified-processes.
60.294-60.295 [Reserved]
60.296 Test methods and procedures.

         Subpart DD_Standards of Performance for Grain Elevators

60.300 Applicability and designation of affected facility.
60.301 Definitions.
60.302 Standard for particulate matter.
60.303 Test methods and procedures.
60.304 Modifications.

    Subpart EE_Standards of Performance for Surface Coating of Metal 
                                Furniture

60.310 Applicability and designation of affected facility.
60.311 Definitions and symbols.
60.312 Standard for volatile organic compounds (VOC).
60.313 Performance tests and compliance provisions.
60.314 Monitoring of emissions and operations.
60.315 Reporting and recordkeeping requirements.
60.316 Test methods and procedures.

Subpart FF [Reserved]

     Subpart GG_Standards of Performance for Stationary Gas Turbines

60.330 Applicability and designation of affected facility.
60.331 Definitions.
60.332 Standard for nitrogen oxides.
60.333 Standard for sulfur dioxide.
60.334 Monitoring of operations.
60.335 Test methods and procedures.

    Subpart HH_Standards of Performance for Lime Manufacturing Plants

60.340 Applicability and designation of affected facility.
60.341 Definitions.
60.342 Standard for particulate matter.
60.343 Monitoring of emissions and operations.
60.344 Test methods and procedures.

Subpart KK_Standards of Performance for Lead-Acid Battery Manufacturing 
                                 Plants

60.370 Applicability and designation of affected facility.
60.371 Definitions.
60.372 Standards for lead.
60.373 Monitoring of emissions and operations.
60.374 Test methods and procedures.

  Subpart LL_Standards of Performance for Metallic Mineral Processing 
                                 Plants

60.380 Applicability and designation of affected facility.
60.381 Definitions.
60.382 Standard for particulate matter.
60.383 Reconstruction.
60.384 Monitoring of operations.
60.385 Recordkeeping and reporting requirements.

[[Page 11]]

60.386 Test methods and procedures.

Subpart MM_Standards of Performance for Automobile and Light Duty Truck 
                       Surface Coating Operations

60.390 Applicability and designation of affected facility.
60.391 Definitions.
60.392 Standards for volatile organic compounds.
60.393 Performance test and compliance provisions.
60.394 Monitoring of emissions and operations.
60.395 Reporting and recordkeeping requirements.
60.396 Reference methods and procedures.
60.397 Modifications.
60.398 Innovative technology waivers.

      Subpart NN_Standards of Performance for Phosphate Rock Plants

60.400 Applicability and designation of affected facility.
60.401 Definitions.
60.402 Standard for particulate matter.
60.403 Monitoring of emissions and operations.
60.404 Test methods and procedures.

  Subpart PP_Standards of Performance for Ammonium Sulfate Manufacture

60.420 Applicability and designation of affected facility.
60.421 Definitions.
60.422 Standards for particulate matter.
60.423 Monitoring of operations.
60.424 Test methods and procedures.

   Subpart QQ_Standards of Performance for the Graphic Arts Industry: 
                    Publication Rotogravure Printing

60.430 Applicability and designation of affected facility.
60.431 Definitions and notations.
60.432 Standard for volatile organic compounds.
60.433 Performance test and compliance provisions.
60.434 Monitoring of operations and recordkeeping.
60.435 Test methods and procedures.

  Subpart RR_Standards of Performance for Pressure Sensitive Tape and 
                    Label Surface Coating Operations

60.440 Applicability and designation of affected facility.
60.441 Definitions and symbols.
60.442 Standard for volatile organic compounds.
60.443 Compliance provisions.
60.444 Performance test procedures.
60.445 Monitoring of operations and recordkeeping.
60.446 Test methods and procedures.
60.447 Reporting requirements.

  Subpart SS_Standards of Performance for Industrial Surface Coating: 
                            Large Appliances

60.450 Applicability and designation of affected facility.
60.451 Definitions.
60.452 Standard for volatile organic compounds.
60.453 Performance test and compliance provisions.
60.454 Monitoring of emissions and operations.
60.455 Reporting and recordkeeping requirements.
60.456 Test methods and procedures.

   Subpart TT_Standards of Performance for Metal Coil Surface Coating

60.460 Applicability and designation of affected facility.
60.461 Definitions.
60.462 Standards for volatile organic compounds.
60.463 Performance test and compliance provisions.
60.464 Monitoring of emissions and operations.
60.465 Reporting and recordkeeping requirements.
60.466 Test methods and procedures.

 Subpart UU_Standards of Performance for Asphalt Processing and Asphalt 
                           Roofing Manufacture

60.470 Applicability and designation of affected facilities.
60.471 Definitions.
60.472 Standards for particulate matter.
60.473 Monitoring of operations.
60.474 Test methods and procedures.

 Subpart VV_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for which 
Construction, Reconstruction, or Modification Commenced After January 5, 
                 1981, and on or Before November 7, 2006

60.480 Applicability and designation of affected facility.
60.481 Definitions.
60.482-1 Standards: General.
60.482-2 Standards: Pumps in light liquid service.
60.482-3 Standards: Compressors.

[[Page 12]]

60.482-4 Standards: Pressure relief devices in gas/vapor service.
60.482-5 Standards: Sampling connection systems.
60.482-6 Standards: Open-ended valves or lines.
60.482-7 Standards: Valves in gas/vapor service and in light liquid 
          service.
60.482-8 Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          connectors.
60.482-9 Standards: Delay of repair.
60.482-10 Standards: Closed vent systems and control devices.
60.483-1 Alternative standards for valves--allowable percentage of 
          valves leaking.
60.483-2 Alternative standards for valves--skip period leak detection 
          and repair.
60.484 Equivalence of means of emission limitation.
60.485 Test methods and procedures.
60.486 Recordkeeping requirements.
60.487 Reporting requirements.
60.488 Reconstruction.
60.489 List of chemicals produced by affected facilities.

 Subpart VVa_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for Which 
 Construction, Reconstruction, or Modification Commenced After November 
                                 7, 2006

60.480a Applicability and designation of affected facility.
60.481a Definitions.
60.482-1a Standards: General.
60.482-2a Standards: Pumps in light liquid service.
60.482-3a Standards: Compressors.
60.482-4a Standards: Pressure relief devices in gas/vapor service.
60.482-5a Standards: Sampling connection systems.
60.482-6a Standards: Open-ended valves or lines.
60.482-7a Standards: Valves in gas/vapor service and in light liquid 
          service.
60.482-8a Standards: Pumps, valves, and connectors in heavy liquid 
          service and pressure relief devices in light liquid or heavy 
          liquid service.
60.482-9a Standards: Delay of repair.
60.482-10a Standards: Closed vent systems and control devices.
60.482-11a Standards: Connectors in gas/vapor service and in light 
          liquid service.
60.483-1a Alternative standards for valves--allowable percentage of 
          valves leaking.
60.483-2a Alternative standards for valves--skip period leak detection 
          and repair.
60.484a Equivalence of means of emission limitation.
60.485a Test methods and procedures.
60.486a Recordkeeping requirements.
60.487a Reporting requirements.
60.488a Reconstruction.
60.489a List of chemicals produced by affected facilities.

Subpart WW_Standards of Performance for the Beverage Can Surface Coating 
                                Industry

60.490 Applicability and designation of affected facility.
60.491 Definitions.
60.492 Standards for volatile organic compounds.
60.493 Performance test and compliance provisions.
60.494 Monitoring of emissions and operations.
60.495 Reporting and recordkeeping requirements.
60.496 Test methods and procedures.

     Subpart XX_Standards of Performance for Bulk Gasoline Terminals

60.500 Applicability and designation of affected facility.
60.501 Definitions.
60.502 Standards for Volatile Organic Compound (VOC) emissions from bulk 
          gasoline terminals.
60.503 Test methods and procedures.
60.504 [Reserved]
60.505 Reporting and recordkeeping.
60.506 Reconstruction.

  Subpart AAA_Standards of Performance for New Residential Wood Heaters

60.530 Applicability and designation of affected facility.
60.531 Definitions.
60.532 Standards for particulate matter.
60.533 Compliance and certification.
60.534 Test methods and procedures.
60.535 Laboratory accreditation.
60.536 Permanent label, temporary label, and owner's manual.
60.537 Reporting and recordkeeping.
60.538 Prohibitions.
60.539 Hearing and appeal procedures.
60.539a Delegation of authority.
60.539b General provisions exclusions.

 Subpart BBB_Standards of Performance for the Rubber Tire Manufacturing 
                                Industry

60.540 Applicability and designation of affected facilities.
60.541 Definitions.
60.542 Standards for volatile organic compounds.
60.542a Alternate standard for volatile organic compounds.
60.543 Performance test and compliance provisions.

[[Page 13]]

60.544 Monitoring of operations.
60.545 Recordkeeping requirements.
60.546 Reporting requirements.
60.547 Test methods and procedures.
60.548 Delegation of authority.

Subpart CCC [Reserved]

Subpart DDD_Standards of Performance for Volatile Organic Compound (VOC) 
            Emissions from the Polymer Manufacturing Industry

60.560 Applicability and designation of affected facilities.
60.561 Definitions.
60.562-1 Standards: Process emissions.
60.562-2 Standards: Equipment leaks of VOC.
60.563 Monitoring requirements.
60.564 Test methods and procedures.
60.565 Reporting and recordkeeping requirements.
60.566 Delegation of authority.

Subpart EEE [Reserved]

  Subpart FFF_Standards of Performance for Flexible Vinyl and Urethane 
                          Coating and Printing

60.580 Applicability and designation of affected facility.
60.581 Definitions and symbols.
60.582 Standard for volatile organic compounds.
60.583 Test methods and procedures.
60.584 Monitoring of operations and recordkeeping requirements.
60.585 Reporting requirements.

   Subpart GGG_Standards of Performance for Equipment Leaks of VOC in 
    Petroleum Refineries for Which Construction, Reconstruction, or 
Modification Commenced After January 4, 1983, and on or Before November 
                                 7, 2006

60.590 Applicability and designation of affected facility.
60.591 Definitions.
60.592 Standards.
60.593 Exceptions.

  Subpart GGGa_Standards of Performance for Equipment Leaks of VOC in 
    Petroleum Refineries for Which Construction, Reconstruction, or 
              Modification Commenced After November 7, 2006

60.590a Applicability and designation of affected facility.
60.591a Definitions.
60.592a Standards.
60.593a Exceptions.

  Subpart HHH_Standards of Performance for Synthetic Fiber Production 
                               Facilities

60.600 Applicability and designation of affected facility.
60.601 Definitions.
60.602 Standard for volatile organic compounds.
60.603 Performance test and compliance provisions.
60.604 Reporting requirements.

Subpart III_Standards of Performance for Volatile Organic Compound (VOC) 
  Emissions From the Synthetic Organic Chemical Manufacturing Industry 
                  (SOCMI) Air Oxidation Unit Processes

60.610 Applicability and designation of affected facility.
60.611 Definitions.
60.612 Standards.
60.613 Monitoring of emissions and operations.
60.614 Test methods and procedures.
60.615 Reporting and recordkeeping requirements.
60.616 Reconstruction.
60.617 Chemicals affected by subpart III.
60.618 Delegation of authority.

     Subpart JJJ_Standards of Performance for Petroleum Dry Cleaners

60.620 Applicability and designation of affected facility.
60.621 Definitions.
60.622 Standards for volatile organic compounds.
60.623 Equivalent equipment and procedures.
60.624 Test methods and procedures.
60.625 Recordkeeping requirements.

  Subpart KKK_Standards of Performance for Equipment Leaks of VOC From 
                  Onshore Natural Gas Processing Plants

60.630 Applicability and designation of affected facility.
60.631 Definitions.
60.632 Standards.
60.633 Exceptions.
60.634 Alternative means of emission limitation.
60.635 Recordkeeping requirements.
60.636 Reporting requirements.

Subpart LLL_Standards of Performance for Onshore Natural Gas Processing: 
                        SO2 Emissions

60.640 Applicability and designation of affected facilities.
60.641 Definitions.
60.642 Standards for sulfur dioxide.
60.643 Compliance provisions.

[[Page 14]]

60.644 Test methods and procedures.
60.645 [Reserved]
60.646 Monitoring of emissions and operations.
60.647 Recordkeeping and reporting requirements.
60.648 Optional procedure for measuring hydrogen sulfide in acid gas--
          Tutwiler Procedure.

Subpart MMM [Reserved]

Subpart NNN_Standards of Performance for Volatile Organic Compound (VOC) 
Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
                         Distillation Operations

60.660 Applicability and designation of affected facility.
60.661 Definitions.
60.662 Standards.
60.663 Monitoring of emissions and operations.
60.664 Test methods and procedures.
60.665 Reporting and recordkeeping requirements.
60.666 Reconstruction.
60.667 Chemicals affected by subpart NNN.
60.668 Delegation of authority.

Subpart OOO_Standards of Performance for Nonmetallic Mineral Processing 
                                 Plants

60.670 Applicability and designation of affected facility.
60.671 Definitions.
60.672 Standard for particulate matter (PM).
60.673 Reconstruction.
60.674 Monitoring of operations.
60.675 Test methods and procedures.
60.676 Reporting and recordkeeping.

Table 1 to Subpart OOO--Exceptions to Applicability of Subpart A to 
          Subpart OOO
Table 2 to Subpart OOO--Stack Emission Limits for Affected Facilities 
          With Capture Systems
Table 3 to Subpart OOO--Fugitive Emission Limits

   Subpart PPP_Standard of Performance for Wool Fiberglass Insulation 
                          Manufacturing Plants

60.680 Applicability and designation of affected facility.
60.681 Definitions.
60.682 Standard for particulate matter.
60.683 Monitoring of operations.
60.684 Recordkeeping and reporting requirements.
60.685 Test methods and procedures.

 Subpart QQQ_Standards of Performance for VOC Emissions From Petroleum 
                       Refinery Wastewater Systems

60.690 Applicability and designation of affected facility.
60.691 Definitions.
60.692-1 Standards: General.
60.692-2 Standards: Individual drain systems.
60.692-3 Standards: Oil-water separators.
60.692-4 Standards: Aggregate facility.
60.692-5 Standards: Closed vent systems and control devices.
60.692-6 Standards: Delay of repair.
60.692-7 Standards: Delay of compliance.
60.693-1 Alternative standards for individual drain systems.
60.693-2 Alternative standards for oil-water separators.
60.694 Permission to use alternative means of emission limitation.
60.695 Monitoring of operations.
60.696 Performance test methods and procedures and compliance 
          provisions.
60.697 Recordkeeping requirements.
60.698 Reporting requirements.
60.699 Delegation of authority.

   Subpart RRR_Standards of Performance for Volatile Organic Compound 
Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
                            Reactor Processes

60.700 Applicability and designation of affected facility.
60.701 Definitions.
60.702 Standards.
60.703 Monitoring of emissions and operations.
60.704 Test methods and procedures.
60.705 Reporting and recordkeeping requirements.
60.706 Reconstruction.
60.707 Chemicals affected by subpart RRR.
60.708 Delegation of authority.

     Subpart SSS_Standards of Performance for Magnetic Tape Coating 
                               Facilities

60.710 Applicability and designation of affected facility.
60.711 Definitions, symbols, and cross-reference tables.
60.712 Standards for volatile organic compounds.
60.713 Compliance provisions.
60.714 Installation of monitoring devices and recordkeeping.
60.715 Test methods and procedures.
60.716 Permission to use alternative means of emission limitation.
60.717 Reporting and monitoring requirements.

[[Page 15]]

60.718 Delegation of authority.

  Subpart TTT_Standards of Performance for Industrial Surface Coating: 
         Surface Coating of Plastic Parts for Business Machines

60.720 Applicability and designation of affected facility.
60.721 Definitions.
60.722 Standards for volatile organic compounds.
60.723 Performance test and compliance provisions.
60.724 Reporting and recordkeeping requirements.
60.725 Test methods and procedures.
60.726 Delegation of authority.

Subpart UUU_Standards of Performance for Calciners and Dryers in Mineral 
                               Industries

60.730 Applicability and designation of affected facility.
60.731 Definitions.
60.732 Standards for particulate matter.
60.733 Reconstruction.
60.734 Monitoring of emissions and operations.
60.735 Recordkeeping and reporting requirements.
60.736 Test methods and procedures.
60.737 Delegation of authority.

Subpart VVV_Standards of Performance for Polymeric Coating of Supporting 
                          Substrates Facilities

60.740 Applicability and designation of affected facility.
60.741 Definitions, symbols, and cross-reference tables.
60.742 Standards for violatile organic compounds.
60.743 Compliance provisions.
60.744 Monitoring requirements.
60.745 Test methods and procedures.
60.746 Permission to use alternative means of emission limitation.
60.747 Reporting and recordkeeping requirements.
60.748 Delegation of authority.

Subpart WWW_Standards of Performance for Municipal Solid Waste Landfills

60.750 Applicability, designation of affected facility, and delegation 
          of authority.
60.751 Definitions.
60.752 Standards for air emissions from municipal solid waste landfills.
60.753 Operational standards for collection and control systems.
60.754 Test methods and procedures.
60.755 Compliance provisions.
60.756 Monitoring of operations.
60.757 Reporting requirements.
60.758 Recordkeeping requirements.
60.759 Specifications for active collection systems.

    Subpart AAAA_Standards of Performance for Small Municipal Waste 
 Combustion Units for Which Construction is Commenced After August 30, 
1999 or for Which Modification or Reconstruction is Commenced After June 
                                 6, 2001

                              Introduction

60.1000 What does this subpart do?
60.1005 When does this subpart become effective?

                              Applicability

60.1010 Does this subpart apply to my municipal waste combustion unit?
60.1015 What is a new municipal waste combustion unit?
60.1020 Does this subpart allow any exemptions?
60.1025 Do subpart E new source performance standards also apply to my 
          municipal waste combustion unit?
60.1030 Can the Administrator delegate authority to enforce these 
          Federal new source performance standards to a State agency?
60.1035 How are these new source performance standards structured?
60.1040 Do all five components of these new source performance standards 
          apply at the same time?
60.1045 Are there different subcategories of small municipal waste 
          combustion units within this subpart?

         Preconstruction Requirements: Materials Separation Plan

60.1050 Who must submit a materials separation plan?
60.1055 What is a materials separation plan?
60.1060 What steps must I complete for my materials separation plan?
60.1065 What must I include in my draft materials separation plan?
60.1070 How do I make my draft materials separation plan available to 
          the public?
60.1075 When must I accept comments on the materials separation plan?
60.1080 Where and when must I hold a public meeting on my draft 
          materials separation plan?
60.1085 What must I do with any public comments I receive during the 
          public comment period on my draft materials separation plan?
60.1090 What must I do with my revised materials separation plan?
60.1095 What must I include in the public meeting on my revised 
          materials separation plan?

[[Page 16]]

60.1100 What must I do with any public comments I receive on my revised 
          materials separation plan?
60.1105 How do I submit my final materials separation plan?

              Preconstruction Requirements: Siting Analysis

60.1110 Who must submit a siting analysis?
60.1115 What is a siting analysis?
60.1120 What steps must I complete for my siting analysis?
60.1125 What must I include in my siting analysis?
60.1130 How do I make my siting analysis available to the public?
60.1135 When must I accept comments on the siting analysis and revised 
          materials separation plan?
60.1140 Where and when must I hold a public meeting on the siting 
          analysis?
60.1145 What must I do with any public comments I receive during the 
          public comment period on my siting analysis?
60.1150 How do I submit my siting analysis?

              Good Combustion Practices: Operator Training

60.1155 What types of training must I do?
60.1160 Who must complete the operator training course? By when?
60.1165 Who must complete the plant-specific training course?
60.1170 What plant-specific training must I provide?
60.1175 What information must I include in the plant-specific operating 
          manual?
60.1180 Where must I keep the plant-specific operating manual?

            Good Combustion Practices: Operator Certification

60.1185 What types of operator certification must the chief facility 
          operator and shift supervisor obtain and by when must they 
          obtain it?
60.1190 After the required date for operator certification, who may 
          operate the municipal waste combustion unit?
60.1195 What if all the certified operators must be temporarily offsite?

            Good Combustion Practices: Operating Requirements

60.1200 What are the operating practice requirements for my municipal 
          waste combustion unit?
60.1205 What happens to the operating requirements during periods of 
          startup, shutdown, and malfunction?

                             Emission Limits

60.1210 What pollutants are regulated by this subpart?
60.1215 What emission limits must I meet? By when?
60.1220 What happens to the emission limits during periods of startup, 
          shutdown, and malfunction?

                     Continuous Emission Monitoring

60.1225 What types of continuous emission monitoring must I perform?
60.1230 What continuous emission monitoring systems must I install for 
          gaseous pollutants?
60.1235 How are the data from the continuous emission monitoring systems 
          used?
60.1240 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.1245 Am I exempt from any appendix B or appendix F requirements to 
          evaluate continuous emission monitoring systems?
60.1250 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.1255 What must I do if I choose to monitor carbon dioxide instead of 
          oxygen as a diluent gas?
60.1260 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems and is the data 
          collection requirement enforceable?
60.1265 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.1270 What is required for my continuous opacity monitoring system and 
          how are the data used?
60.1275 What additional requirements must I meet for the operation of my 
          continuous emission monitoring systems and continuous opacity 
          monitoring system?
60.1280 What must I do if any of my continuous emission monitoring 
          systems are temporarily unavailable to meet the data 
          collection requirements?

                              Stack Testing

60.1285 What types of stack tests must I conduct?
60.1290 How are the stack test data used?
60.1295 What schedule must I follow for the stack testing?
60.1300 What test methods must I use to stack test?
60.1305 May I conduct stack testing less often?
60.1310 May I deviate from the 13-month testing schedule if unforeseen 
          circumstances arise?

                      Other Monitoring Requirements

60.1315 Must I meet other requirements for continuous monitoring?
60.1320 How do I monitor the load of my municipal waste combustion unit?

[[Page 17]]

60.1325 How do I monitor the temperature of flue gases at the inlet of 
          my particulate matter control device?
60.1330 How do I monitor the injection rate of activated carbon?
60.1335 What is the minimum amount of monitoring data I must collect 
          with my continuous parameter monitoring systems and is the 
          data collection requirement enforceable?

                              Recordkeeping

60.1340 What records must I keep?
60.1345 Where must I keep my records and for how long?
60.1350 What records must I keep for the materials separation plan and 
          siting analysis?
60.1355 What records must I keep for operator training and 
          certification?
60.1360 What records must I keep for stack tests?
60.1365 What records must I keep for continuously monitored pollutants 
          or parameters?
60.1370 What records must I keep for municipal waste combustion units 
          that use activated carbon?

                                Reporting

60.1375 What reports must I submit before I submit my notice of 
          construction?
60.1380 What must I include in my notice of construction?
60.1385 What reports must I submit after I submit my notice of 
          construction and in what form?
60.1390 What are the appropriate units of measurement for reporting my 
          data?
60.1395 When must I submit the initial report?
60.1400 What must I include in my initial report?
60.1405 When must I submit the annual report?
60.1410 What must I include in my annual report?
60.1415 What must I do if I am out of compliance with the requirements 
          of this subpart?
60.1420 If a semiannual report is required, when must I submit it?
60.1425 What must I include in the semiannual out-of-compliance reports?
60.1430 Can reporting dates be changed?

        Air Curtain Incinerators That Burn 100 Percent Yard Waste

60.1435 What is an air curtain incinerator?
60.1440 What is yard waste?
60.1445 What are the emission limits for air curtain incinerators that 
          burn 100 percent yard waste?
60.1450 How must I monitor opacity for air curtain incinerators that 
          burn 100 percent yard waste?
60.1455 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn 100 percent yard waste?

                                Equations

60.1460 What equations must I use?

                               Definitions

60.1465 What definitions must I know?

Table 1 to Subpart AAAA of Part 60--Emission Limits For New Small 
          Municipal Waste Combustion Units
Table 2 to Subpart AAAA of Part 60--Carbon Monoxide Emission Limits For 
          New Small Municipal Waste Combustion Units
Table 3 to Subpart AAAA of Part 60--Requirements For Validating 
          Continuous Emission Monitoring Systems (CEMS)
Table 4 to Subpart AAAA of Part 60--Requirements For Continuous Emission 
          Monitoring Systems (CEMS)
Table 5 to Subpart AAAA of Part 60--Requirements For Stack Tests

    Subpart BBBB_Emission Guidelines and Compliance Times for Small 
  Municipal Waste Combustion Units Constructed on or Before August 30, 
                                  1999

                              Introduction

60.1500 What is the purpose of this subpart?
60.1505 Am I affected by this subpart?
60.1510 Is a State plan required for all States?
60.1515 What must I include in my State plan?
60.1520 Is there an approval process for my State plan?
60.1525 What if my State plan is not approvable?
60.1530 Is there an approval process for a negative declaration letter?
60.1535 What compliance schedule must I include in my State plan?
60.1540 Are there any State plan requirements for this subpart that 
          supersede the requirements specified in subpart B?
60.1545 Does this subpart directly affect municipal waste combustion 
          unit owners and operators in my State?

                      Applicability of State Plans

60.1550 What municipal waste combustion units must I address in my State 
          plan?
60.1555 Are any small municipal waste combustion units exempt from my 
          State plan?
60.1560 Can an affected municipal waste combustion unit reduce its 
          capacity to less than 35 tons per day rather than comply with 
          my State plan?

[[Page 18]]

60.1565 What subcategories of small municipal waste combustion units 
          must I include in my State plan?

                            Use of Model Rule

60.1570 What is the ``model rule'' in this subpart?
60.1575 How does the model rule relate to the required elements of my 
          State plan?
60.1580 What are the principal components of the model rule?

                   Model Rule--Increments of Progress

60.1585 What are my requirements for meeting increments of progress and 
          achieving final compliance?
60.1590 When must I complete each increment of progress?
60.1595 What must I include in the notifications of achievement of my 
          increments of progress?
60.1600 When must I submit the notifications of achievement of 
          increments of progress?
60.1605 What if I do not meet an increment of progress?
60.1610 How do I comply with the increment of progress for submittal of 
          a control plan?
60.1615 How do I comply with the increment of progress for awarding 
          contracts?
60.1620 How do I comply with the increment of progress for initiating 
          onsite construction?
60.1625 How do I comply with the increment of progress for completing 
          onsite construction?
60.1630 How do I comply with the increment of progress for achieving 
          final compliance?
60.1635 What must I do if I close my municipal waste combustion unit and 
          then restart my municipal waste combustion unit?
60.1640 What must I do if I plan to permanently close my municipal waste 
          combustion unit and not restart it?

        Model Rule--Good Combustion Practices: Operator Training

60.1645 What types of training must I do?
60.1650 Who must complete the operator training course? By when?
60.1655 Who must complete the plant-specific training course?
60.1660 What plant-specific training must I provide?
60.1665 What information must I include in the plant-specific operating 
          manual?
60.1670 Where must I keep the plant-specific operating manual?

      Model Rule--Good Combustion Practices: Operator Certification

60.1675 What types of operator certification must the chief facility 
          operator and shift supervisor obtain and by when must they 
          obtain it?
60.1680 After the required date for operator certification, who may 
          operate the municipal waste combustion unit?
60.1685 What if all the certified operators must be temporarily offsite?

      Model Rule--Good Combustion Practices: Operating Requirements

60.1690 What are the operating practice requirements for my municipal 
          waste combustion unit?
60.1695 What happens to the operating requirements during periods of 
          startup, shutdown, and malfunction?

                       Model Rule--Emission Limits

60.1700 What pollutants are regulated by this subpart?
60.1705 What emission limits must I meet? By when?
60.1710 What happens to the emission limits during periods of startup, 
          shutdown, and malfunction?

               Model Rule--Continuous Emission Monitoring

60.1715 What types of continuous emission monitoring must I perform?
60.1720 What continuous emission monitoring systems must I install for 
          gaseous pollutants?
60.1725 How are the data from the continuous emission monitoring systems 
          used?
60.1730 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.1735 Am I exempt from any appendix B or appendix F requirements to 
          evaluate continuous emission monitoring systems?
60.1740 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.1745 What must I do if I choose to monitor carbon dioxide instead of 
          oxygen as a diluent gas?
60.1750 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems and is the data 
          collection requirement enforceable?
60.1755 How do I convert my 1-hour arithmetic averages into appropriate 
          averaging times and units?
60.1760 What is required for my continuous opacity monitoring system and 
          how are the data used?
60.1765 What additional requirements must I meet for the operation of my 
          continuous emission monitoring systems and continuous opacity 
          monitoring system?
60.1770 What must I do if any of my continuous emission monitoring 
          systems are

[[Page 19]]

          temporarily unavailable to meet the data collection 
          requirements?

                        Model Rule--Stack Testing

60.1775 What types of stack tests must I conduct?
60.1780 How are the stack test data used?
60.1785 What schedule must I follow for the stack testing?
60.1790 What test methods must I use to stack test?
60.1795 May I conduct stack testing less often?
60.1800 May I deviate from the 13-month testing schedule if unforeseen 
          circumstances arise?

                Model Rule--Other Monitoring Requirements

60.1805 Must I meet other requirements for continuous monitoring?
60.1810 How do I monitor the load of my municipal waste combustion unit?
60.1815 How do I monitor the temperature of flue gases at the inlet of 
          my particulate matter control device?
60.1820 How do I monitor the injection rate of activated carbon?
60.1825 What is the minimum amount of monitoring data I must collect 
          with my continuous parameter monitoring systems and is the 
          data collection requirement enforceable?

                        Model Rule--Recordkeeping

60.1830 What records must I keep?
60.1835 Where must I keep my records and for how long?
60.1840 What records must I keep for operator training and 
          certification?
60.1845 What records must I keep for stack tests?
60.1850 What records must I keep for continuously monitored pollutants 
          or parameters?
60.1855 What records must I keep for municipal waste combustion units 
          that use activated carbon?

                          Model Rule--Reporting

60.1860 What reports must I submit and in what form?
60.1865 What are the appropriate units of measurement for reporting my 
          data?
60.1870 When must I submit the initial report?
60.1875 What must I include in my initial report?
60.1880 When must I submit the annual report?
60.1885 What must I include in my annual report?
60.1890 What must I do if I am out of compliance with the requirements 
          of this subpart?
60.1895 If a semiannual report is required, when must I submit it?
60.1900 What must I include in the semiannual out-of-compliance reports?
60.1905 Can reporting dates be changed?

  Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard Waste

60.1910 What is an air curtain incinerator?
60.1915 What is yard waste?
60.1920 What are the emission limits for air curtain incinerators that 
          burn 100 percent yard waste?
60.1925 How must I monitor opacity for air curtain incinerators that 
          burn 100 percent yard waste?
60.1930 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn 100 percent yard waste?

                                Equations

60.1935 What equations must I use?

                               Definitions

60.1940 What definitions must I know?

Table 1 to Subpart BBBB of Part 60--Model Rule--Compliance Schedules and 
          Increments of Progress
Table 2 to Subpart BBBB of Part 60--Model Rule--Class I Emission Limits 
          For Existing Small Municipal Waste Combustion Units
Table 3 to Subpart BBBB of Part 60--Model Rule--Class I Nitrogen Oxides 
          Emission Limits For Existing Small Municipal Waste Combustion 
          Units
Table 4 to Subpart BBBB of Part 60--Model Rule--Class II Emission Limits 
          For Existing Small Municipal Waste Combustion Units
Table 5 to Subpart BBBB of Part 60--Model Rule--Carbon Monoxide Emission 
          Limits For Existing Small Municipal Waste Combustion Units
Table 6 to Subpart BBBB of Part 60--Model Rule--Requirements for 
          Validating Continuous Emission Monitoring Systems (CEMS)
Table 7 to Subpart BBBB of Part 60--Model Rule--Requirements for 
          Continuous Emission Monitoring Systems (CEMS)

[[Page 20]]

Table 8 to Subpart BBBB of Part 60--Model Rule--Requirements for Stack 
          Tests

  Subpart CCCC_Standards of Performance for Commercial and Industrial 
Solid Waste Incineration Units for Which Construction Is Commenced After 
    November 30, 1999 or for Which Modification or Reconstruction Is 
                   Commenced on or After June 1, 2001

                              Introduction

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

                              Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2025 What if my chemical recovery unit is not listed in Sec. 
          60.2020(n)?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of the new source performance standards 
          apply at the same time?

                     Preconstruction Siting Analysis

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

                          Waste Management Plan

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

                   Operator Training and Qualification

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

                Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.2120 What happens during periods of startup, shutdown, and 
          malfunction?

                           Performance Testing

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

                     Initial Compliance Requirements

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

                   Continuous Compliance Requirements

60.2145 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
60.2150 By what date must I conduct the annual performance test?
60.2151 By what date must I conduct the annual air pollution control 
          device inspection?
60.2155 May I conduct performance testing less often?
60.2160 May I conduct a repeat performance test to establish new 
          operating limits?

                               Monitoring

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

                       Recordkeeping and Reporting

60.2175 What records must I keep?
60.2180 Where and in what format must I keep my records?
60.2185 What reports must I submit?
60.2190 What must I submit prior to commencing construction?
60.2195 What information must I submit prior to initial startup?
60.2200 What information must I submit following my initial performance 
          test?
60.2205 When must I submit my annual report?
60.2210 What information must I include in my annual report?
60.2215 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.2220 What must I include in the deviation report?
60.2225 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?

[[Page 21]]

60.2230 Are there any other notifications or reports that I must submit?
60.2235 In what form can I submit my reports?
60.2240 Can reporting dates be changed?

                        Title V Operating Permits

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

                        Air Curtain Incinerators

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

                               Definitions

60.2265 What definitions must I know?

Table 1 to Subpart CCCC--Emission Limitations
Table 2 to Subpart CCCC--Operating Limits for Wet Scrubbers
Table 3 to Subpart CCCC--Toxic Equivalency Factors
Table 4 to Subpart CCCC--Summary of Reporting Requirements
Table 5 to Subpart CCCC--Emission Limitations for Incinerators That 
          Commenced Construction After June 4, 2010, or That Commenced 
          Reconstruction or Modification After September 21, 2011
Table 6 to Subpart CCCC--Emission Limitations for Energy Recovery Units 
          That Commenced Construction After June 4, 2010, or That 
          Commenced Reconstruction or Modification After September 21, 
          2011
Table 7 to Subpart CCCC--Emission Limitations for Waste-Burning Kilns 
          That Commenced Construction After June 4, 2010, or 
          Reconstruction or Modification After September 21, 2011
Table 8 to Subpart CCCC--Emission Limitations for Small, Remote 
          Incinerators That Commenced Construction After June 4, 2010, 
          or That Commenced Reconstruction or Modification After 
          September 21, 2011

 Subpart DDDD_Emissions Guidelines and Compliance Times for Commercial 
      and Industrial Solid Waste Incineration Units that Commenced 
               Construction On or Before November 30, 1999

                              Introduction

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

                      Applicability of State Plans

60.2550 What CISWI units must I address in my State plan?
60.2555 What combustion units are exempt from my State plan?
60.2558 What if a chemical recovery unit is not listed in Sec. 
          60.2555(n)?

                            Use of Model Rule

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

                   Model Rule--Increments of Progress

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

[[Page 22]]

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

                    Model Rule--Waste Management Plan

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

             Model Rule--Operator Training and Qualification

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

          Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.2685 What happens during periods of startup, shutdown, and 
          malfunction?

                     Model Rule--Performance Testing

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

               Model Rule--Initial Compliance Requirements

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

             Model Rule--Continuous Compliance Requirements

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

                         Model Rule--Monitoring

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

                 Model Rule--Recordkeeping and Reporting

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

                  Model Rule--Title V Operating Permits

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

                  Model Rule--Air Curtain Incinerators

60.2810 What is an air curtain incinerator?
60.2815 What are my requirements for meeting increments of progress and 
          achieving final compliance?
60.2820 When must I complete each increment of progress?
60.2825 What must I include in the notifications of achievement of 
          increments of progress?
60.2830 When must I submit the notifications of achievement of 
          increments of progress?
60.2835 What if I do not meet an increment of progress?
60.2840 How do I comply with the increment of progress for submittal of 
          a control plan?

[[Page 23]]

60.2845 How do I comply with the increment of progress for achieving 
          final compliance?
60.2850 What must I do if I close my air curtain incinerator and then 
          restart it?
60.2855 What must I do if I plan to permanently close my air curtain 
          incinerator and not restart it?
60.2860 What are the emission limitations for air curtain incinerators?
60.2865 How must I monitor opacity for air curtain incinerators?
60.2870 What are the recordkeeping and reporting requirements for air 
          curtain incinerators?

                         Model Rule--Definitions

60.2875 What definitions must I know?

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

Subpart EEEE_Standards of Performance for Other Solid Waste Incineration 
Units for Which Construction is Commenced After December 9, 2004, or for 
 Which Modification or Reconstruction is Commenced on or After June 16, 
                                  2006

                              Introduction

60.2880 What does this subpart do?
60.2881 When does this subpart become effective?

                              Applicability

60.2885 Does this subpart apply to my incineration unit?
60.2886 What is a new incineration unit?
60.2887 What combustion units are excluded from this subpart?
60.2888 Are air curtain incinerators regulated under this subpart?
60.2889 Who implements and enforces this subpart?
60.2890 How are these new source performance standards structured?
60.2891 Do all components of these new source performance standards 
          apply at the same time?

                     Preconstruction Siting Analysis

60.2894 Who must prepare a siting analysis?
60.2895 What is a siting analysis?

                          Waste Management Plan

60.2899 What is a waste management plan?
60.2900 When must I submit my waste management plan?
60.2901 What should I include in my waste management plan?

                   Operator Training and Qualification

60.2905 What are the operator training and qualification requirements?
60.2906 When must the operator training course be completed?
60.2907 How do I obtain my operator qualification?
60.2908 How do I maintain my operator qualification?
60.2909 How do I renew my lapsed operator qualification?
60.2910 What site-specific documentation is required?
60.2911 What if all the qualified operators are temporarily not 
          accessible?

                Emission Limitations and Operating Limits

60.2915 What emission limitations must I meet and by when?
60.2916 What operating limits must I meet and by when?
60.2917 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.2918 What happens during periods of startup, shutdown, and 
          malfunction?

                           Performance Testing

60.2922 How do I conduct the initial and annual performance test?
60.2923 How are the performance test data used?

                     Initial Compliance Requirements

60.2927 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
60.2928 By what date must I conduct the initial performance test?

                   Continuous Compliance Requirements

60.2932 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?

[[Page 24]]

60.2933 By what date must I conduct the annual performance test?
60.2934 May I conduct performance testing less often?
60.2935 May I conduct a repeat performance test to establish new 
          operating limits?

                               Monitoring

60.2939 What continuous emission monitoring systems must I install?
60.2940 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.2941 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.2942 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems, and is the 
          data collection requirement enforceable?
60.2943 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.2944 What operating parameter monitoring equipment must I install, 
          and what operating parameters must I monitor?
60.2945 Is there a minimum amount of operating parameter monitoring data 
          I must obtain?

                       Recordkeeping and Reporting

60.2949 What records must I keep?
60.2950 Where and in what format must I keep my records?
60.2951 What reports must I submit?
60.2952 What must I submit prior to commencing construction?
60.2953 What information must I submit prior to initial startup?
60.2954 What information must I submit following my initial performance 
          test?
60.2955 When must I submit my annual report?
60.2956 What information must I include in my annual report?
60.2957 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.2958 What must I include in the deviation report?
60.2959 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
60.2960 Are there any other notifications or reports that I must submit?
60.2961 In what form can I submit my reports?
60.2962 Can reporting dates be changed?

                        Title V Operating Permits

60.2966 Am I required to apply for and obtain a title V operating permit 
          for my unit?
60.2967 When must I submit a title V permit application for my new unit?

Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster 
                                Recovery

60.2969 What are the requirements for temporary-use incinerators and air 
          curtain incinerators used in disaster recovery?

 Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and 
                               Yard Waste

60.2970 What is an air curtain incinerator?
60.2971 What are the emission limitations for air curtain incinerators 
          that burn only wood waste, clean lumber, and yard waste?
60.2972 How must I monitor opacity for air curtain incinerators that 
          burn only wood waste, clean lumber, and yard waste?
60.2973 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn only wood waste, clean lumber, 
          and yard waste?
60.2974 Am I required to apply for and obtain a title V operating permit 
          for my air curtain incinerator that burns only wood waste, 
          clean lumber, and yard waste?

                                Equations

60.2975 What equations must I use?

                               Definitions

60.2977 What definitions must I know?

                    Tables to Subpart EEEE of Part 60

Table 1 to Subpart EEEE of Part 60--Emission Limitations
Table 2 to Subpart EEEE of Part 60--Operating Limits for Incinerators 
          and Wet Scrubbers
Table 3 to Subpart EEEE of Part 60--Requirements for Continuous Emission 
          Monitoring Systems (CEMS)
Table 4 to Subpart EEEE of Part 60--Summary of Reporting Requirements

 Subpart FFFF_Emission Guidelines and Compliance Times for Other Solid 
   Waste Incineration Units That Commenced Construction On or Before 
                            December 9, 2004

                              Introduction

60.2980 What is the purpose of this subpart?
60.2981 Am I affected by this subpart?
60.2982 Is a State plan required for all States?
60.2983 What must I include in my State plan?
60.2984 Is there an approval process for my State plan?
60.2985 What if my State plan is not approvable?

[[Page 25]]

60.2986 Is there an approval process for a negative declaration letter?
60.2987 What compliance schedule must I include in my State plan?
60.2988 Are there any State plan requirements for this subpart that 
          apply instead of the requirements specified in subpart B of 
          this part?
60.2989 Does this subpart directly affect incineration unit owners and 
          operators in my State?
60.2990 What Authorities are withheld by EPA?

                      Applicability of State Plans

60.2991 What incineration units must I address in my State plan?
60.2992 What is an existing incineration unit?
60.2993 Are any combustion units excluded from my State plan?
60.2994 Are air curtain incinerators regulated under this subpart?

                      Model Rule--Use of Model Rule

60.2996 What is the purpose of the ``model rule'' in this subpart?
60.2997 How does the model rule relate to the required elements of my 
          State plan?
60.2998 What are the principal components of the model rule?

                     Model Rule--Compliance Schedule

60.3000 When must I comply?
60.3001 What must I do if I close my OSWI unit and then restart it?
60.3002 What must I do if I plan to permanently close my OSWI unit and 
          not restart it?

                    Model Rule--Waste Management Plan

60.3010 What is a waste management plan?
60.3011 When must I submit my waste management plan?
60.3012 What should I include in my waste management plan?

             Model Rule--Operator Training and Qualification

60.3014 What are the operator training and qualification requirements?
60.3015 When must the operator training course be completed?
60.3016 How do I obtain my operator qualification?
60.3017 How do I maintain my operator qualification?
60.3018 How do I renew my lapsed operator qualification?
60.3019 What site-specific documentation is required?
60.3020 What if all the qualified operators are temporarily not 
          accessible?

          Model Rule--Emission Limitations and Operating Limits

60.3022 What emission limitations must I meet and by when?
60.3023 What operating limits must I meet and by when?
60.3024 What if I do not use a wet scrubber to comply with the emission 
          limitations?
60.3025 What happens during periods of startup, shutdown, and 
          malfunction?

                     Model Rule--Performance Testing

60.3027 How do I conduct the initial and annual performance test?
60.3028 How are the performance test data used?

               Model Rule--Initial Compliance Requirements

60.3030 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
60.3031 By what date must I conduct the initial performance test?

             Model Rule--Continuous Compliance Requirements

60.3033 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
60.3034 By what date must I conduct the annual performance test?
60.3035 May I conduct performance testing less often?
60.3036 May I conduct a repeat performance test to establish new 
          operating limits?

                         Model Rule--Monitoring

60.3038 What continuous emission monitoring systems must I install?
60.3039 How do I make sure my continuous emission monitoring systems are 
          operating correctly?
60.3040 What is my schedule for evaluating continuous emission 
          monitoring systems?
60.3041 What is the minimum amount of monitoring data I must collect 
          with my continuous emission monitoring systems, and is the 
          data collection requirement enforceable?
60.3042 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.3043 What operating parameter monitoring equipment must I install, 
          and what operating parameters must I monitor?
60.3044 Is there a minimum amount of operating parameter monitoring data 
          I must obtain?

                 Model Rule--Recordkeeping and Reporting

60.3046 What records must I keep?

[[Page 26]]

60.3047 Where and in what format must I keep my records?
60.3048 What reports must I submit?
60.3049 What information must I submit following my initial performance 
          test?
60.3050 When must I submit my annual report?
60.3051 What information must I include in my annual report?
60.3052 What else must I report if I have a deviation from the operating 
          limits or the emission limitations?
60.3053 What must I include in the deviation report?
60.3054 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
60.3055 Are there any other notifications or reports that I must submit?
60.3056 In what form can I submit my reports?
60.3057 Can reporting dates be changed?

                  Model Rule--Title V Operating Permits

60.3059 Am I required to apply for and obtain a title V operating permit 
          for my unit?
60.3060 When must I submit a title V permit application for my existing 
          unit?

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators Used 
                          in Disaster Recovery

60.3061 What are the requirements for temporary-use incinerators and air 
          curtain incinerators used in disaster recovery?

 Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean 
                         Lumber, and Yard Waste

60.3062 What is an air curtain incinerator?
60.3063 When must I comply if my air curtain incinerator burns only wood 
          waste, clean lumber, and yard waste?
60.3064 What must I do if I close my air curtain incinerator that burns 
          only wood waste, clean lumber, and yard waste and then restart 
          it?
60.3065 What must I do if I plan to permanently close my air curtain 
          incinerator that burns only wood waste, clean lumber, and yard 
          waste and not restart it?
60.3066 What are the emission limitations for air curtain incinerators 
          that burn only wood waste, clean lumber, and yard waste?
60.3067 How must I monitor opacity for air curtain incinerators that 
          burn only wood waste, clean lumber, and yard waste?
60.3068 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn only wood waste, clean lumber, 
          and yard waste?
60.3069 Am I required to apply for and obtain a title V operating permit 
          for my air curtain incinerator that burns only wood waste, 
          clean lumber, and yard waste?

                          Model Rule--Equations

60.3076 What equations must I use?

                         Model Rule--Definitions

60.3078 What definitions must I know?

Tables to Subpart FFFF of Part 60
Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule
Table 2 to Subpart FFFF of Part 60--Model Rule--Emission Limitations
Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits for 
          Incinerators and Wet Scrubbers
Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for 
          Continuous Emission Monitoring Systems (CEMS)
Table 5 to Subpart FFFF of Part 60--Model Rule--Summary of Reporting 
          Requirements a

Subpart GGGG [Reserved]

  Subpart HHHH_Emission Guidelines and Compliance Times for Coal-Fired 
                     Electric Steam Generating Units

              Hg Budget Trading Program General Provisions

60.4101 Purpose.
60.4102 Definitions.
60.4103 Measurements, abbreviations, and acronyms.
60.4104 Applicability.
60.4105 Retired unit exemption.
60.4106 Standard requirements.
60.4107 Computation of time.
60.4108 Appeal procedures.

           Hg Designated Representative for Hg Budget Sources

60.4110 Authorization and responsibilities of Hg designated 
          representative.
60.4111 Alternate Hg designated representative.
60.4112 Changing Hg designated representative and alternate Hg 
          designated representative; changes in owners and operators.
60.4113 Certificate of representation.
60.4114 Objections concerning Hg designated representative.

                                 Permits

60.4120 General Hg budget trading program permit requirements.
60.4121 Submission of Hg budget permit applications.
60.4122 Information requirements for Hg budget permit applications.
60.4123 Hg budget permit contents and term.
60.4124 Hg budget permit revisions.

[[Page 27]]

60.4130 [Reserved]

                        Hg Allowance Allocations

60.4140 State trading budgets.
60.4141 Timing requirements for Hg allowance allocations.
60.4142 Hg allowance allocations.

                      Hg Allowance Tracking System

60.4150 [Reserved]
60.4151 Establishment of accounts.
60.4152 Responsibilities of Hg authorized account representative.
60.4153 Recordation of Hg allowance allocations.
60.4154 Compliance with Hg budget emissions limitation.
60.4155 Banking.
60.4156 Account error.
60.4157 Closing of general accounts.

                         Hg Allowance Transfers

60.4160 Submission of Hg allowance transfers.
60.4161 EPA recordation.
60.4162 Notification.

                        Monitoring and Reporting

60.4170 General requirements.
60.4171 Initial certification and recertification procedures.
60.4172 Out of control periods.
60.4173 Notifications.
60.4174 Recordkeeping and reporting.
60.4175 Petitions.
60.4176 Additional requirements to provide heat input data.

    Subpart IIII_Standards of Performance for Stationary Compression 
                  Ignition Internal Combustion Engines

                        What This Subpart Covers

60.4200 Am I subject to this subpart?

                  Emission Standards for Manufacturers

60.4201 What emission standards must I meet for non-emergency engines if 
          I am a stationary CI internal combustion engine manufacturer?
60.4202 What emission standards must I meet for emergency engines if I 
          am a stationary CI internal combustion engine manufacturer?
60.4203 How long must my engines meet the emission standards if I am a 
          stationary CI internal combustion engine manufacturer?

               Emission Standards for Owners and Operators

60.4204 What emission standards must I meet for non-emergency engines if 
          I am an owner or operator of a stationary CI internal 
          combustion engine?
60.4205 What emission standards must I meet for emergency engines if I 
          am an owner or operator of a stationary CI internal combustion 
          engine?
60.4206 How long must I meet the emission standards if I am an owner or 
          operator of a stationary CI internal combustion engine?

               Fuel Requirements for Owners and Operators

60.4207 What fuel requirements must I meet if I am an owner or operator 
          of a stationary CI internal combustion engine subject to this 
          subpart?

               Other Requirements for Owners and Operators

60.4208 What is the deadline for importing and installing stationary CI 
          ICE produced in the previous model year?
60.4209 What are the monitoring requirements if I am an owner or 
          operator of a stationary CI internal combustion engine?

                         Compliance Requirements

60.4210 What are my compliance requirements if I am a stationary CI 
          internal combustion engine manufacturer?
60.4211 What are my compliance requirements if I am an owner or operator 
          of a stationary CI internal combustion engine?

              Testing Requirements for Owners and Operators

60.4212 What test methods and other procedures must I use if I am an 
          owner or operator of a stationary CI internal combustion 
          engine with a displacement of less than 30 liters per 
          cylinder?
60.4213 What test methods and other procedures must I use if I am an 
          owner or operator of a stationary CI internal combustion 
          engine with a displacement of greater than or equal to 30 
          liters per cylinder?

       Notification, Reports, and Records for Owners and Operators

60.4214 What are my notification, reporting, and recordkeeping 
          requirements if I am an owner or operator of a stationary CI 
          internal combustion engine?

                          Special Requirements

60.4215 What requirements must I meet for engines used in Guam, American 
          Samoa, or the Commonwealth of the Northern Mariana Islands?
60.4216 What requirements must I meet for engines used in Alaska?
60.4217 What emission standards must I meet if I am an owner or operator 
          of a

[[Page 28]]

          stationary internal combustion engine using special fuels?

                           General Provisions

60.4218 What parts of the General Provisions apply to me?

                               Definitions

60.4219 What definitions apply to this subpart?

Table 1 to Subpart IIII of Part 60--Emission Standards for Stationary 
          Pre-2007 Model Year Engines with a displacement of <10 liters 
          per cylinder and 2007-2010 Model Year Engines 2,237 
          KW (3,000 HP) and with a displacement of <10 liters per 
          cylinder
Table 2 to Subpart IIII of Part 60--Emission Standards for 2008 Model 
          Year and Later Emergency Stationary CI ICE <37 KW (50 HP) and 
          with a Displacement of <10 liters per cylinder
Table 3 to Subpart IIII of Part 60--Certification Requirements for 
          Stationary Fire Pump Engines
Table 4 to Subpart IIII of Part 60--Emission Standards for Stationary 
          Fire Pump Engines
Table 5 to Subpart IIII of Part 60--Labeling and Recordkeeping 
          Requirements for New Stationary Emergency Engines
Table 6 to Subpart IIII of Part 60--Optional 3-Mode Test Cycle for 
          Stationary Fire Pump Engines
Table 7 to Subpart IIII of Part 60--Requirements for Performance Tests 
          for Stationary CI ICE with a displacement of =30 
          liters per cylinder
Table 8 to Subpart IIII of Part 60--Applicability of General Provisions 
          to Subpart IIII

  Subpart JJJJ_Standards of Performance for Stationary Spark Ignition 
                       Internal Combustion Engines

                        What This Subpart Covers

60.4230 Am I subject to this subpart?

                  Emission Standards for Manufacturers

60.4231 What emission standards must I meet if I am a manufacturer of 
          stationary SI internal combustion engines or equipment 
          containing such engines?
60.4232 How long must my engines meet the emission standards if I am a 
          manufacturer of stationary SI internal combustion engines?

               Emission Standards for Owners and Operators

60.4233 What emission standards must I meet if I am an owner or operator 
          of a stationary SI internal combustion engine?
60.4234 How long must I meet the emission standards if I am an owner or 
          operator of a stationary SI internal combustion engine?

               Other Requirements for Owners and Operators

60.4235 What fuel requirements must I meet if I am an owner or operator 
          of a stationary SI gasoline fired internal combustion engine 
          subject to this subpart?
60.4236 What is the deadline for importing or installing stationary SI 
          ICE produced in the previous model year?
60.4237 What are the monitoring requirements if I am an owner or 
          operator of an emergency stationary SI internal combustion 
          engine?

                Compliance Requirements for Manufacturers

60.4238 What are my compliance requirements if I am a manufacturer of 
          stationary SI internal combustion engines <=19 KW (25 HP) or a 
          manufacturer of equipment containing such engines?
60.4239 What are my compliance requirements if I am a manufacturer of 
          stationary SI internal combustion engines 19 KW (25 
          HP) that use gasoline or a manufacturer of equipment 
          containing such engines?
60.4240 What are my compliance requirements if I am a manufacturer of 
          stationary SI internal combustion engines 19 KW (25 
          HP) that are rich burn engines that use LPG or a manufacturer 
          of equipment containing such engines?
60.4241 What are my compliance requirements if I am a manufacturer of 
          stationary SI internal combustion engines participating in the 
          voluntary certification program or a manufacturer of equipment 
          containing such engines?
60.4242 What other requirements must I meet if I am a manufacturer of 
          stationary SI internal combustion engines or equipment 
          containing stationary SI internal combustion engines or a 
          manufacturer of equipment containing such engines?

            Compliance Requirements for Owners and Operators

60.4243 What are my compliance requirements if I am an owner or operator 
          of a stationary SI internal combustion engine?

[[Page 29]]

              Testing Requirements for Owners and Operators

60.4244 What test methods and other procedures must I use if I am an 
          owner or operator of a stationary SI internal combustion 
          engine?

       Notification, Reports, and Records for Owners and Operators

60.4245 What are my notification, reporting, and recordkeeping 
          requirements if I am an owner or operator of a stationary SI 
          internal combustion engine?

                           General Provisions

60.4246 What parts of the General Provisions apply to me?

                        Mobile Source Provisions

60.4247 What parts of the mobile source provisions apply to me if I am a 
          manufacturer of stationary SI internal combustion engines or a 
          manufacturer of equipment containing such engines?

                               Definitions

60.4248 What definitions apply to this subpart?

                    Tables to Subpart JJJJ of Part 60

Table 1 to Subpart JJJJ of Part 60--NOX, CO, and VOC Emission 
          Standards for Stationary Non-Emergency SI Engines 
          =100 HP (Except Gasoline and Rich Burn LPG), 
          Stationary SI Landfill/Digester Gas Engines, and Stationary 
          Emergency Engines 25 HP
Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests
Table 3 to Subpart JJJJ of Part 60--Applicability of General Provisions 
          to Subpart JJJJ
Table 4 to Subpart JJJJ of Part 60--Applicability of Mobile Source 
          Provisions for Manufacturers Participating in the Voluntary 
          Certification Program and Certifying Stationary SI ICE to 
          Emission Standards in Table 1 of Subpart JJJJ

Subpart KKKK_Standards of Performance for Stationary Combustion Turbines

                              Introduction

60.4300 What is the purpose of this subpart?

                              Applicability

60.4305 Does this subpart apply to my stationary combustion turbine?
60.4310 What types of operations are exempt from these standards of 
          performance?

                             Emission Limits

60.4315 What pollutants are regulated by this subpart?
60.4320 What emission limits must I meet for nitrogen oxides 
          (NOX)?
60.4325 What emission limits must I meet for NOX if my 
          turbine burns both natural gas and distillate oil (or some 
          other combination of fuels)?
60.4330 What emission limits must I meet for sulfur dioxide 
          (SO2)?

                     General Compliance Requirements

60.4333 What are my general requirements for complying with this 
          subpart?

                               Monitoring

60.4335 How do I demonstrate compliance for NOX if I use 
          water or steam injection?
60.4340 How do I demonstrate continuous compliance for NOX if 
          I do not use water or steam injection?
60.4345 What are the requirements for the continuous emission monitoring 
          system equipment, if I choose to use this option?
60.4350 How do I use data from the continuous emission monitoring 
          equipment to identify excess emissions?
60.4355 How do I establish and document a proper parameter monitoring 
          plan?
60.4360 How do I determine the total sulfur content of the turbine's 
          combustion fuel?
60.4365 How can I be exempted from monitoring the total sulfur content 
          of the fuel?
60.4370 How often must I determine the sulfur content of the fuel?

                                Reporting

60.4375 What reports must I submit?
60.4380 How are excess emissions and monitor downtime defined for 
          NOX?
60.4385 How are excess emissions and monitoring downtime defined for 
          SO2?
60.4390 What are my reporting requirements if I operate an emergency 
          combustion turbine or a research and development turbine?
60.4395 When must I submit my reports?

                            Performance Tests

60.4400 How do I conduct the initial and subsequent performance tests, 
          regarding NOX?
60.4405 How do I perform the initial performance test if I have chosen 
          to install a NOX-diluent CEMS?
60.4410 How do I establish a valid parameter range if I have chosen to 
          continuously monitor parameters?
60.4415 How do I conduct the initial and subsequent performance tests 
          for sulfur?

[[Page 30]]

                               Definitions

60.4420 What definitions apply to this subpart?

Table 1 to Subpart KKKK of Part 60-Nitrogen Oxide Emission Limits for 
          New Stationary Combustion Turbines

Subpart LLLL_Standards of Performance for New Sewage Sludge Incineration 
                                  Units

                              Introduction

60.4760 What does this subpart do?
60.4765 When does this subpart become effective?

                Applicability and Delegation of Authority

60.4770 Does this subpart apply to my sewage sludge incineration unit?
60.4775 What is a new sewage sludge incineration unit?
60.4780 What sewage sludge incineration units are exempt from this 
          subpart?
60.4785 Who implements and enforces this subpart?
60.4790 How are these new source performance standards structured?
60.4795 Do all nine components of these new source performance standards 
          apply at the same time?

                     Preconstruction Siting Analysis

60.4800 Who must prepare a siting analysis?
60.4805 What is a siting analysis?

                   Operator Training and Qualification

60.4810 What are the operator training and qualification requirements?
60.4815 When must the operator training course be completed?
60.4820 How do I obtain my operator qualification?
60.4825 How do I maintain my operator qualification?
60.4830 How do I renew my lapsed operator qualification?
60.4835 What if all the qualified operators are temporarily not 
          accessible?
60.4840 What site-specific documentation is required and how often must 
          it be reviewed by qualified operators and plant personnel?

     Emission Limits, Emission Standards, and Operating Limits and 
                              Requirements

60.4845 What emission limits and standards must I meet and by when?
60.4850 What operating limits and requirements must I meet and by when?
60.4855 How do I establish operating limits if I do not use a wet 
          scrubber, fabric filter, electrostatic precipitator, or 
          activated carbon injection, or if I limit emissions in some 
          other manner, to comply with the emission limits?
60.4860 Do the emission limits, emission standards, and operating limits 
          apply during periods of startup, shutdown, and malfunction?
60.4861 How do I establish affirmative defense for exceedance of an 
          emission limit or standard during malfunction?

                     Initial Compliance Requirements

60.4865 How and when do I demonstrate initial compliance with the 
          emission limits and standards?
60.4870 How do I establish my operating limits?
60.4875 By what date must I conduct the initial air pollution control 
          device inspection and make any necessary repairs?
60.4880 How do I develop a site-specific monitoring plan for my 
          continuous monitoring, bag leak detection, and ash handling 
          systems, and by what date must I conduct an initial 
          performance evaluation?

                   Continuous Compliance Requirements

60.4885 How and when do I demonstrate continuous compliance with the 
          emission limits and standards?
60.4890 How do I demonstrate continuous compliance with my operating 
          limits?
60.4895 By what date must I conduct annual air pollution control device 
          inspections and make any necessary repairs?

      Performance Testing, Monitoring, and Calibration Requirements

60.4900 What are the performance testing, monitoring, and calibration 
          requirements for compliance with the emission limits and 
          standards?
60.4905 What are the monitoring and calibration requirements for 
          compliance with my operating limits?

                       Recordkeeping and Reporting

60.4910 What records must I keep?
60.4915 What reports must I submit?

                        Title V Operating Permits

60.4920 Am I required to apply for and obtain a Title V operating permit 
          for my unit?
60.4925 When must I submit a title V permit application for my new SSI 
          unit?

                               Definitions

60.4930 What definitions must I know?

                                 Tables

Table 1 to Subpart LLLL of Part 60--Emission Limits and Standards for 
          Fluidized Bed New Sewage Sludge Incineration Units
Table 2 to Subpart LLLL of Part 60--Emission Limits and Standards for 
          New

[[Page 31]]

          Multiple Hearth Sewage Sludge Incineration Units
Table 3 to Subpart LLLL of Part 60--Operating Parameters for New Sewage 
          Sludge Incineration Units
Table 4 to Subpart LLLL of Part 60--Toxic Equivalency Factors
Table 5 to Subpart LLLL of Part 60--Summary of Reporting Requirements 
          for New Sewage Sludge Incineration Units

   Subpart MMMM_Emission Guidelines and Compliance Times for Existing 
                    Sewage Sludge Incineration Units

                              Introduction

60.5000 What is the purpose of this subpart?
60.5005 Am I affected by this subpart?
60.5010 Is a state plan required for all states?
60.5015 What must I include in my state plan?
60.5020 Is there an approval process for my state plan?
60.5025 What if my state plan is not approvable?
60.5030 Is there an approval process for a negative declaration letter?
60.5035 What compliance schedule must I include in my state plan?
60.5040 Are there any state plan requirements for this subpart that 
          apply instead of the requirements specified in subpart B?
60.5045 In lieu of a state plan submittal, are there other acceptable 
          option(s) for a state to meet its section 111(d)/129 (b)(2) 
          obligations?
60.5050 What authorities will not be delegated to state, local, or 
          tribal agencies?
60.5055 Does this subpart directly affect SSI unit owners and operators 
          in my state?

                      Applicability of State Plans

60.5060 What SSI units must I address in my state plan?
60.5065 What SSI units are exempt from my state plan?

                            Use of Model Rule

60.5070 What is the ``model rule'' in this subpart?
60.5075 How does the model rule relate to the required elements of my 
          state plan?
60.5080 What are the principal components of the model rule?

                   Model Rule--Increments of Progress

60.5085 What are my requirements for meeting increments of progress and 
          achieving final compliance?
60.5090 When must I complete each increment of progress?
60.5095 What must I include in the notifications of achievement of 
          increments of progress?
60.5100 When must I submit the notifications of achievement of 
          increments of progress?
60.5105 What if I do not meet an increment of progress?
60.5110 How do I comply with the increment of progress for submittal of 
          a control plan?
60.5115 How do I comply with the increment of progress for achieving 
          final compliance?
60.5120 What must I do if I close my SSI unit and then restart it?
60.5125 What must I do if I plan to permanently close my SSI unit and 
          not restart it?

             Model Rule--Operator Training and Qualification

60.5130 What are the operator training and qualification requirements?
60.5135 When must the operator training course be completed?
60.5140 How do I obtain my operator qualification?
60.5145 How do I maintain my operator qualification?
60.5150 How do I renew my lapsed operator qualification?
60.5155 What if all the qualified operators are temporarily not 
          accessible?
60.5160 What site-specific documentation is required and how often must 
          it be reviewed by qualified operators and plant personnel?

 Model Rule--Emission Limits, Emission Standards, and Operating Limits 
                            and Requirements

60.5165 What emission limits and standards must I meet and by when?
60.5170 What operating limits and requirements must I meet and by when?
60.5175 How do I establish operating limits if I do not use a wet 
          scrubber, fabric filter, electrostatic precipitator, activated 
          carbon injection, or afterburner, or if I limit emissions in 
          some other manner, to comply with the emission limits?
60.5180 Do the emission limits, emission standards, and operating limits 
          apply during periods of startup, shutdown, and malfunction?
60.5181 How do I establish affirmative defense for exceedance of an 
          emission limit or standard during malfunction?

               Model Rule--Initial Compliance Requirements

60.5185 How and when do I demonstrate initial compliance with the 
          emission limits and standards?
60.5190 How do I establish my operating limits?

[[Page 32]]

60.5195 By what date must I conduct the initial air pollution control 
          device inspection and make any necessary repairs?
60.5200 How do I develop a site-specific monitoring plan for my 
          continuous monitoring, bag leak detection, and ash handling 
          systems, and by what date must I conduct an initial 
          performance evaluation?

             Model Rule--Continuous Compliance Requirements

60.5205 How and when do I demonstrate continuous compliance with the 
          emission limits and standards?
60.5210 How do I demonstrate continuous compliance with my operating 
          limits?
60.5215 By what date must I conduct annual air pollution control device 
          inspections and make any necessary repairs?

      Model Rule--Performance Testing, Monitoring, and Calibration 
                              Requirements

60.5220 What are the performance testing, monitoring, and calibration 
          requirements for compliance with the emission limits and 
          standards?
60.5225 What are the monitoring and calibration requirements for 
          compliance with my operating limits?

                 Model Rule--Recordkeeping and Reporting

60.5230 What records must I keep?
60.5235 What reports must I submit?

                  Model Rule--Title V Operating Permits

60.5240 Am I required to apply for and obtain a title V operating permit 
          for my existing SSI unit?
60.5245 When must I submit a title V permit application for my existing 
          SSI unit?

                         Model Rule--Definitions

60.5250 What definitions must I know?

                                 Tables

Table 1 to Subpart MMMM of Part 60--Model Rule--Increments of Progress 
          and Compliance Schedules for Existing Sewage Sludge 
          Incineration Units
Table 2 to Subpart MMMM of Part 60--Model Rule--Emission Limits and 
          Standards for Existing Fluidized Bed Sewage Sludge 
          Incineration Units
Table 3 to Subpart MMMM of Part 60--Model Rule--Emission Limits and 
          Standards for Existing Multiple Hearth Sewage Sludge 
          Incineration Units
Table 4 to Subpart MMMM of Part 60--Model Rule--Operating Parameters for 
          Existing Sewage Sludge Incineration Units
Table 5 to Subpart MMMM of Part 60--Model Rule--Toxic Equivalency 
          Factors
Table 6 to Subpart MMMM of Part 60--Model Rule--Summary of Reporting 
          Requirements for Existing Sewage Sludge Incineration Units

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

    Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 60.1  Applicability.

    (a) Except as provided in subparts B and C, the provisions of this 
part apply to the owner or operator of any stationary source which 
contains an affected facility, the construction or modification of which 
is commenced after the date of publication in this part of any standard 
(or, if earlier, the date of publication of any proposed standard) 
applicable to that facility.
    (b) Any new or revised standard of performance promulgated pursuant 
to section 111(b) of the Act shall apply to the owner or operator of any 
stationary source which contains an affected facility, the construction 
or modification of which is commenced after the date of publication in 
this part of such new or revised standard (or, if earlier, the date of 
publication of any proposed standard) applicable to that facility.
    (c) In addition to complying with the provisions of this part, the 
owner or operator of an affected facility may be required to obtain an 
operating permit issued to stationary sources by an authorized State air 
pollution control agency or by the Administrator of the U.S. 
Environmental Protection Agency (EPA) pursuant to Title V of the Clean 
Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more 
information about obtaining an operating permit see part 70 of this 
chapter.
    (d) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. (1) This paragraph applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'').
    (2) Except for compliance with 40 CFR 60.49b(u), the site shall have 
the option of either complying directly

[[Page 33]]

with the requirements of this part, or reducing the site-wide emissions 
caps in accordance with the procedures set forth in a permit issued 
pursuant to 40 CFR 52.2454. If the site chooses the option of reducing 
the site-wide emissions caps in accordance with the procedures set forth 
in such permit, the requirements of such permit shall apply in lieu of 
the otherwise applicable requirements of this part.
    (3) Notwithstanding the provisions of paragraph (d)(2) of this 
section, for any provisions of this part except for Subpart Kb, the 
owner/operator of the site shall comply with the applicable provisions 
of this part if the Administrator determines that compliance with the 
provisions of this part is necessary for achieving the objectives of the 
regulation and the Administrator notifies the site in accordance with 
the provisions of the permit issued pursuant to 40 CFR 52.2454.

[40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 
59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997]



Sec. 60.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.)
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Affected facility means, with reference to a stationary source, any 
apparatus to which a standard is applicable.
    Alternative method means any method of sampling and analyzing for an 
air pollutant which is not a reference or equivalent method but which 
has been demonstrated to the Administrator's satisfaction to, in 
specific cases, produce results adequate for his determination of 
compliance.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to Title V 
of the Act (42 U.S.C. 7661).
    Capital expenditure means an expenditure for a physical or 
operational change to an existing facility which exceeds the product of 
the applicable ``annual asset guideline repair allowance percentage'' 
specified in the latest edition of Internal Revenue Service (IRS) 
Publication 534 and the existing facility's basis, as defined by section 
1012 of the Internal Revenue Code. However, the total expenditure for a 
physical or operational change to an existing facility must not be 
reduced by any ``excluded additions'' as defined in IRS Publication 534, 
as would be done for tax purposes.
    Clean coal technology demonstration project means a project using 
funds appropriated under the heading `Department of Energy-Clean Coal 
Technology', up to a total amount of $2,500,000,000 for commercial 
demonstrations of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency.
    Commenced means, with respect to the definition of new source in 
section 111(a)(2) of the Act, that an owner or operator has undertaken a 
continuous program of construction or modification or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or modification.
    Construction means fabrication, erection, or installation of an 
affected facility.
    Continuous monitoring system means the total equipment, required 
under the emission monitoring sections in applicable subparts, used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.
    Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    Equivalent method means any method of sampling and analyzing for an 
air

[[Page 34]]

pollutant which has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specified conditions.
    Excess Emissions and Monitoring Systems Performance Report is a 
report that must be submitted periodically by a source in order to 
provide data on its compliance with stated emission limits and operating 
parameters, and on the performance of its monitoring systems.
    Existing facility means, with reference to a stationary source, any 
apparatus of the type for which a standard is promulgated in this part, 
and the construction or modification of which was commenced before the 
date of proposal of that standard; or any apparatus which could be 
altered in such a way as to be of that type.
    Force majeure means, for purposes of Sec. 60.8, an event that will 
be or has been caused by circumstances beyond the control of the 
affected facility, its contractors, or any entity controlled by the 
affected facility that prevents the owner or operator from complying 
with the regulatory requirement to conduct performance tests within the 
specified timeframe despite the affected facility's best efforts to 
fulfill the obligation. Examples of such events are acts of nature, acts 
of war or terrorism, or equipment failure or safety hazard beyond the 
control of the affected facility.
    Isokinetic sampling means sampling in which the linear velocity of 
the gas entering the sampling nozzle is equal to that of the undisturbed 
gas stream at the sample point.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a Title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused in part by poor maintenance or careless operation are 
not malfunctions.
    Modification means any physical change in, or change in the method 
of operation of, an existing facility which increases the amount of any 
air pollutant (to which a standard applies) emitted into the atmosphere 
by that facility or which results in the emission of any air pollutant 
(to which a standard applies) into the atmosphere not previously 
emitted.
    Monitoring device means the total equipment, required under the 
monitoring of operations sections in applicable subparts, used to 
measure and record (if applicable) process parameters.
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide, 
as measured by test methods set forth in this part.
    One-hour period means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises an affected facility or a stationary source of 
which an affected facility is a part.
    Part 70 permit means any permit issued, renewed, or revised pursuant 
to part 70 of this chapter.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the reference 
methods specified under each applicable subpart, or an equivalent or 
alternative method.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permitting authority means:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or

[[Page 35]]

    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Proportional sampling means sampling at a rate that produces a 
constant ratio of sampling rate to stack gas flow rate.
    Reactivation of a very clean coal-fired electric utility steam 
generating unit means any physical change or change in the method of 
operation associated with the commencement of commercial operations by a 
coal-fired utility unit after a period of discontinued operation where 
the unit:
    (1) Has not been in operation for the two-year period prior to the 
enactment of the Clean Air Act Amendments of 1990, and the emissions 
from such unit continue to be carried in the permitting authority's 
emissions inventory at the time of enactment;
    (2) Was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent;
    (3) Is equipped with low-NOX burners prior to the time of 
commencement of operations following reactivation; and
    (4) Is otherwise in compliance with the requirements of the Clean 
Air Act.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in the applicable subpart.
    Repowering means replacement of an existing coal-fired boiler with 
one of the following clean coal technologies: atmospheric or pressurized 
fluidized bed combustion, integrated gasification combined cycle, 
magnetohydrodynamics, direct and indirect coal-fired turbines, 
integrated gasification fuel cells, or as determined by the 
Administrator, in consultation with the Secretary of Energy, a 
derivative of one or more of these technologies, and any other 
technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of November 15, 1990. 
Repowering shall also include any oil and/or gas-fired unit which has 
been awarded clean coal technology demonstration funding as of January 
1, 1991, by the Department of Energy.
    Run means the net period of time during which an emission sample is 
collected. Unless otherwise specified, a run may be either intermittent 
or continuous within the limits of good engineering practice.
    Shutdown means the cessation of operation of an affected facility 
for any purpose.
    Six-minute period means any one of the 10 equal parts of a one-hour 
period.
    Standard means a standard of performance proposed or promulgated 
under this part.
    Standard conditions means a temperature of 293 K (68F) and a 
pressure of 101.3 kilopascals (29.92 in Hg).
    Startup means the setting in operation of an affected facility for 
any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part; and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.
    Volatile Organic Compound means any organic compound which 
participates in atmospheric photochemical reactions; or which is 
measured by a reference method, an equivalent method, an alternative 
method, or which is determined by procedures specified under any 
subpart.

[44 FR 55173, Sept. 25, 1979, as amended at 45 FR 5617, Jan. 23, 1980; 
45 FR 85415, Dec. 24, 1980; 54 FR 6662, Feb. 14, 1989; 55 FR 51382, Dec. 
13, 1990; 57 FR 32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994; 72 FR 
27442, May 16, 2007]

[[Page 36]]



Sec. 60.3  Units and abbreviations.

    Used in this part are abbreviations and symbols of units of measure. 
These are defined as follows:
    (a) System International (SI) units of measure:

A--ampere
g--gram
Hz--hertz
J--joule
K--degree Kelvin
kg--kilogram
m--meter
m\3\--cubic meter
mg--milligram--10 -3 gram
mm--millimeter--10 -3 meter
Mg--megagram--10\6\ gram
mol--mole
N--newton
ng--nanogram--10 -9 gram
nm--nanometer--10 -9 meter
Pa--pascal
s--second
V--volt
W--watt
[ohm]--ohm
[micro]g--microgram--10 -6 gram

    (b) Other units of measure:

Btu--British thermal unit
 [deg]C--degree Celsius (centigrade)
cal--calorie
cfm--cubic feet per minute
cu ft--cubic feet
dcf--dry cubic feet
dcm--dry cubic meter
dscf--dry cubic feet at standard conditions
dscm--dry cubic meter at standard conditions
eq--equivalent
[deg]F--degree Fahrenheit
ft--feet
gal--gallon
gr--grain
g-eq--gram equivalent
hr--hour
in--inch
k--1,000
l--liter
lpm--liter per minute
lb--pound
meq--milliequivalent
min--minute
ml--milliliter
mol. wt.--molecular weight
ppb--parts per billion
ppm--parts per million
psia--pounds per square inch absolute
psig--pounds per square inch gage
[deg]R--degree Rankine
scf--cubic feet at standard conditions
scfh--cubic feet per hour at standard conditions
scm--cubic meter at standard conditions
sec--second
sq ft--square feet
std--at standard conditions

    (c) Chemical nomenclature:

CdS--cadmium sulfide
CO--carbon monoxide
CO2--carbon dioxide
HCl--hydrochloric acid
Hg--mercury
H2O--water
H2S--hydrogen sulfide
H2SO4--sulfuric acid
N2--nitrogen
NO--nitric oxide
NO2--nitrogen dioxide
NOX--nitrogen oxides
O2--oxygen
SO2--sulfur dioxide
SO3--sulfur trioxide
SOX--sulfur oxides

    (d) Miscellaneous:

A.S.T.M.--American Society for Testing and Materials

[42 FR 37000, July 19, 1977; 42 FR 38178, July 27, 1977]



Sec. 60.4  Address.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate to the appropriate Regional Office of the U.S. 
Environmental Protection Agency to the attention of the Director of the 
Division indicated in the following list of EPA Regional Offices.

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Air Management Division, U.S. Environmental 
Protection Agency, John F. Kennedy Federal Building, Boston, MA 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, 
Air and Waste Management Division, U.S. Environmental Protection Agency, 
Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY 
10278.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air Protection Division, Mail Code 
3AP00, 1650 Arch Street, Philadelphia, PA 19103-2029.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air and Waste Management 
Division, U.S. Environmental Protection Agency, 345 Courtland Street, 
NE., Atlanta, GA 30365.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, U.S. Environmental

[[Page 37]]

Protection Agency, 77 West Jackson Boulevard, Chicago, IL 60604-3590.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; 
Air, Pesticides, and Toxics Division; U.S. Environmental Protection 
Agency, 1445 Ross Avenue, Dallas, TX 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA, and 
Toxics Division, U.S. Environmental Protection Agency, 901 N. 5th 
Street, Kansas City, KS 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Director, Air and Toxics Technical Enforcement Program, Office 
of Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT, 
1595 Wynkoop Street, Denver, CO 80202-1129.
Region IX (Arizona, California, Hawaii and Nevada; the territories of 
American Samoa and Guam; the Commonwealth of the Northern Mariana 
Islands; the territories of Baker Island, Howland Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake 
Islands; and certain U.S. Government activities in the freely associated 
states of the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau), Director, Air Division, U.S. 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 
94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, WA 98101.

    (b) Section 111(c) directs the Administrator to delegate to each 
State, when appropriate, the authority to implement and enforce 
standards of performance for new stationary sources located in such 
State. All information required to be submitted to EPA under paragraph 
(a) of this section, must also be submitted to the appropriate State 
Agency of any State to which this authority has been delegated 
(provided, that each specific delegation may except sources from a 
certain Federal or State reporting requirement). The appropriate mailing 
address for those States whose delegation request has been approved is 
as follows:
    (A) [Reserved]
    (B) State of Alabama: Alabama Department of Environmental 
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463.
    (C) State of Alaska, Department of Environmental Conservation, Pouch 
O, Juneau, AK 99811.
    (D) Arizona:
Arizona Department of Environmental Quality, 1110 West Washington 
Street, Phoenix, AZ 85007.
Maricopa County Air Quality Department, 1001 North Central Avenue, Suite 
900, Phoenix, AZ 85004.
Pima County Department of Environmental Quality, 33 North Stone Avenue, 
Suite 700, Tucson, AZ 85701.
Pinal County Air Quality Control District, 31 North Pinal Street, 
Building F, Florence, AZ 85132.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (E) State of Arkansas: Chief, Division of Air Pollution Control, 
Arkansas Department of Pollution Control and Ecology, 8001 National 
Drive, P.O. Box 9583, Little Rock, AR 72209.
    (F) California:
Amador County Air Pollution Control District, 12200-B Airport Road, 
Jackson, CA 95642.
Antelope Valley Air Quality Management District, 43301 Division Street, 
Suite 206, Lancaster, CA 93535.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.
Butte County Air Quality Management District, 2525 Dominic Drive, Suite 
J, Chico, CA 95928.
Calaveras County Air Pollution Control District, 891 Mountain Ranch 
Road, San Andreas, CA 95249.
Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite 
A-3, Colusa, CA 95932-3246.
El Dorado County Air Quality Management District, 2850 Fairlane Court, 
Bldg. C, Placerville, CA 95667-4100.
Eastern Kern Air Pollution Control District, 2700 ``M'' Street, Suite 
302, Bakersfield, CA 93301-2370.
Feather River Air Quality Management District, 1007 Live Oak Blvd., 
Suite B-3, Yuba City, CA 95991.
Glenn County Air Pollution Control District, 720 N. Colusa Street, P.O. 
Box 351, Willows, CA 95988-0351.
Great Basin Unified Air Pollution Control District, 157 Short Street, 
Suite 6, Bishop, CA 93514-3537.
Imperial County Air Pollution Control District, 150 South Ninth Street, 
El Centro, CA 92243-2801.
Lake County Air Quality Management District, 885 Lakeport Blvd., 
Lakeport, CA 95453-5405.
Lassen County Air Pollution Control District, 707 Nevada Street, Suite 
1, Susanville, CA 96130.
Mariposa County Air Pollution Control District, P.O. Box 5, Mariposa, CA 
95338.

[[Page 38]]

Mendocino County Air Quality Management District, 306 E. Gobbi Street, 
Ukiah, CA 95482-5511.
Modoc County Air Pollution Control District, 619 North Main Street, 
Alturas, CA 96101.
Mojave Desert Air Quality Management District, 14306 Park Avenue, 
Victorville, CA 92392-2310.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940.
North Coast Unified Air Quality Management District, 2300 Myrtle Avenue, 
Eureka, CA 95501-3327.
Northern Sierra Air Quality Management District, 200 Litton Drive, Suite 
320, P.O. Box 2509, Grass Valley, CA 95945-2509.
Northern Sonoma County Air Pollution Control District, 150 Matheson 
Street, Healdsburg, CA 95448-4908.
Placer County Air Pollution Control District, 3091 County Center Drive, 
Suite 240, Auburn, CA 95603.
Sacramento Metropolitan Air Quality Management District, 777 12th 
Street, Third Floor, Sacramento, CA 95814-1908.
San Diego County Air Pollution Control District, 10124 Old Grove Road, 
San Diego, CA 92131-1649.
San Joaquin Valley Air Pollution Control District, 1990 E. Gettysburg, 
Fresno, CA 93726.
San Luis Obispo County Air Pollution Control District, 3433 Roberto 
Court, San Luis Obispo, CA 93401-7126.
Santa Barbara County Air Pollution Control District, 260 North San 
Antonio Road, Suite A, Santa Barbara, CA 93110-1315.
Shasta County Air Quality Management District, 1855 Placer Street, Suite 
101, Redding, CA 96001-1759.
Siskiyou County Air Pollution Control District, 525 So. Foothill Drive, 
Yreka, CA 96097-3036.
South Coast Air Quality Management District, 21865 Copley Drive, Diamond 
Bar, CA 91765-4182.
Tehama County Air Pollution Control District, P.O. Box 8069 (1750 Walnut 
Street), Red Bluff, CA 96080-0038.
Tuolumne County Air Pollution Control District, 22365 Airport, Columbia, 
CA 95310.
Ventura County Air Pollution Control District, 669 County Square Drive, 
2nd Floor, Ventura, CA 93003-5417.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 
103, Davis, CA 95616-4882.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (G) State of Colorado, Department of Public Health and Environment, 
4300 Cherry Creek Drive South, Denver, CO 80222-1530.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (H) State of Connecticut, Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 165 Capitol Avenue, 
Hartford, CT 06106.
    (I) State of Delaware, Department of Natural Resources & 
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 
19903.
    (J) District of Columbia, Department of Public Health, Air Quality 
Division, 51 N Street, NE., Washington, DC 20002.
    (K) State of Florida: Florida Department of Environmental 
Protection, Division of Air Resources Management, 2600 Blair Stone Road, 
MS 5500, Tallahassee, Florida 32399-2400.
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, 2 Martin Luther King Jr. Drive, SE., 
Suite 1152 East Floyd Tower, Atlanta, Georgia 30334-9000.
    (M) Hawaii:
Clean Air Branch, Hawaii Department of Health, 919 Ala Moana Blvd., 
Suite 203, Honolulu, HI 96814.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (N) State of Idaho, Department of Health and Welfare, Statehouse, 
Boise, ID 83701.
    (O) State of Illinois: Illinois Environmental Protection Agency, 
1021 North Grand Avenue East, Springfield, Illinois 62794.
    (P) State of Indiana: Indiana Department of Environmental 
Management, Office of Air Quality, 100 North Senate Avenue, 
Indianapolis, Indiana 46204.
    (Q) State of Iowa: Iowa Department of Natural Resources, 
Environmental Protection Division, Air Quality Bureau, 7900 Hickman 
Road, Suite 1, Urbandale, IA 50322.
    (R) State of Kansas: Kansas Department of Health and Environment, 
Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, KS 
66612-1366.
    (S) Commonwealth of Kentucky: Commonwealth of Kentucky, Energy and 
Environment Cabinet, Department of Environmental Protection, Division 
for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky 
40610-1403.
Louisville Metro Air Pollution Control District, 850 Barret Avenue, 
Louisville, Kentucky 40204.
    (T) State Louisiana: Louisiana Department of Environmental Quality, 
P.O. Box 4301, Baton Rouge, Louisiana 70821-4301. For a list of 
delegated standards for Louisiana (excluding Indian country), see 
paragraph (e)(2) of this section.

[[Page 39]]

    (U) State of Maine, Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, ME 
04333.
    (V) State of Maryland, Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
    (W) Commonwealth of Massachusetts, Division of Air Quality Control, 
Department of Environmental Protection, One Winter Street, 7th floor, 
Boston, MA 02108.
    (X) State of Michigan: Michigan Department of Natural Resources and 
Environment, Air Quality Division, P.O. Box 30028, Lansing, Michigan 
48909.
    (Y) State of Minnesota: Minnesota Pollution Control Agency, Division 
of Air Quality, 520 Lafayette Road North, St. Paul, Minnesota 55155.
    (Z) State of Mississippi: Mississippi Department of Environmental 
Quality, Office of Pollution Control, Air Division, 515 East Amite 
Street, Jackson, Mississippi 39201.
    (AA) State of Missouri: Missouri Department of Natural Resources, 
Division of Environmental Quality, P.O. Box 176, Jefferson City, MO 
65102.
    (BB) State of Montana, Department of Environmental Quality, 1520 E. 
6th Ave., PO Box 200901, Helena, MT 59620-0901.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (CC) State of Nebraska, Nebraska Department of Environmental 
Control, P.O. Box 94877, State House Station, Lincoln, NE 68509.
Lincoln-Lancaster County Health Department, Division of Environmental 
Health, 2200 St. Marys Avenue, Lincoln, NE 68502
    (DD) Nevada:
Nevada Division of Environmental Protection, 901 South Stewart Street, 
Suite 4001, Carson City, NV 89701-5249.
Clark County Department of Air Quality and Environmental Management, 500 
S. Grand Central Parkway, 1st Floor, P.O. Box 555210, Las Vegas, NV 
89155-5210.
Washoe County Health District, Air Quality Management Division, 1001 E. 
9th Street, Building A, Suite 115A, Reno, NV 89520.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (EE) State of New Hampshire, Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, Concord, 
NH 03302-2033.
    (FF) State of New Jersey: New Jersey Department of Environmental 
Protection, Division of Environmental Quality, Enforcement Element, John 
Fitch Plaza, CN-027, Trenton, NJ 08625.
    (1) The following table lists the specific source and pollutant 
categories that have been delegated to the states in Region II. The (X) 
symbol is used to indicate each category that has been delegated.

----------------------------------------------------------------------------------------------------------------
                                                                           State
                        Subpart          -----------------------------------------------------------------------
                                             New Jersey         New York         Puerto Rico     Virgin Islands
----------------------------------------------------------------------------------------------------------------
D             Fossil-Fuel Fired Steam     X...............  X...............  X...............  X
               Generators for Which
               Construction Commenced
               After August 17, 1971
               (Steam Generators and
               Lignite Fired Steam
               Generators).
Da            Electric Utility Steam      X...............                    X...............
               Generating Units for
               Which Construction
               Commenced After September
               18, 1978.
Db            Industrial-Commercial-      X...............  X...............  X...............  X
               Institutional Steam
               Generating Units.
E             Incinerators..............  X...............  X...............  X...............  X
F             Portland Cement Plants....  X...............  X...............  X...............  X
G             Nitric Acid Plants........  X...............  X...............  X...............  X
H             Sulfuric Acid Plants......  X...............  X...............  X...............  X
I             Asphalt Concrete Plants...  X...............  X...............  X...............  X
J             Petroleum Refineries--(All  X...............  X...............  X...............  X
               Categories).
K             Storage Vessels for         X...............  X...............  X...............  X
               Petroleum Liquids
               Constructed After June
               11, 1973, and prior to
               May 19, 1978.
Ka            Storage Vessels for         X...............  X...............  X...............
               Petroleum Liquids
               Constructed After May 18,
               1978.
L             Secondary Lead Smelters...  X...............  X...............  X...............  X
M             Secondary Brass and Bronze  X...............  X...............  X...............  X
               Ingot Production Plants.
N             Iron and Steel Plants.....  X...............  X...............  X...............  X
O             Sewage Treatment Plants...  X...............  X...............  X...............  X
P             Primary Copper Smelters...  X...............  X...............  X...............  X
Q             Primary Zinc Smelters.....  X...............  X...............  X...............  X
R             Primary Lead Smelters.....  X...............  X...............  X...............  X
S             Primary Aluminum Reduction  X...............  X...............  X...............  X
               Plants.
T             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Wet Process
               Phosphoric Acid Plants.
U             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Superphosphoric
               Acid Plants.
V             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Diammonium
               Phosphate Plants.

[[Page 40]]

 
W             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Triple
               Superphosphate Plants.
X             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Granular Triple
               Superphosphate.
Y             Coal Preparation Plants...  X...............  X...............  X...............  X
Z             Ferroally Production        X...............  X...............  X...............  X
               Facilities.
AA            Steel Plants: Electric Arc  X...............  X...............  X...............  X
               Furnaces.
AAa           Electric Arc Furnaces and   X...............  X...............  X...............
               Argon-Oxygen
               Decarburization Vessels
               in Steel Plants.
BB            Kraft Pulp Mills..........  X...............  X...............  X...............
CC            Glass Manufacturing Plants  X...............  X...............  X...............
DD            Grain Elevators...........  X...............  X...............  X...............
EE            Surface Coating of Metal    X...............  X...............  X...............
               Furniture.
GG            Stationary Gas Turbines...  X...............  X...............  X...............
HH            Lime Plants...............  X...............  X...............  X...............
KK            Lead Acid Battery           X...............  X...............
               Manufacturing Plants.
LL            Metallic Mineral            X...............  X...............  X...............
               Processing Plants.
MM            Automobile and Light-Duty   X...............  X...............
               Truck Surface Coating
               Operations.
NN            Phosphate Rock Plants.....  X...............  X...............
PP            Ammonium Sulfate            X...............  X...............
               Manufacturing Plants.
QQ            Graphic Art Industry        X...............  X...............  X...............  X
               Publication Rotogravure
               Printing.
RR            Pressure Sensitive Tape     X...............  X...............  X...............
               and Label Surface Coating
               Operations.
SS            Industrial Surface          X...............  X...............  X...............
               Coating: Large Appliances.
TT            Metal Coil Surface Coating  X...............  X...............  X...............
UU            Asphalt Processing and      X...............  X...............  X...............
               Asphalt Roofing
               Manufacture.
VV            Equipment Leaks of          X...............                    X...............
               Volatile Organic
               Compounds in Synthetic
               Organic Chemical
               Manufacturing Industry.
WW            Beverage Can Surface        X...............  X...............  X...............
               Coating Industry.
XX            Bulk Gasoline Terminals...  X...............  X...............  X...............
FFF           Flexible Vinyl and          X...............  X...............  X...............
               Urethane Coating and
               Printing.
GGG           Equipment Leaks of VOC in   X...............                    X...............
               Petroleum Refineries.
HHH           Synthetic Fiber Production  X...............                    X...............
               Facilities.
JJJ           Petroleum Dry Clearners...  X...............  X...............  X...............
KKK           Equipment Leaks of VOC
               from Onshore Natural Gas
               Processing Plants.
LLL           Onshore Natural Gas                           X...............
               Processing Plants; SO2
               Emissions.
OOO           Nonmetallic Mineral                           X...............  X...............
               Processing Plants.
PPP           Wool Fiberglass Insulation                    X...............  X...............
               Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------

    (GG) State of New Mexico: New Mexico Environment Department, 1190 
St. Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502. Note: For 
a list of delegated standards for New Mexico (excluding Bernalillo 
County and Indian country), see paragraph (e)(1) of this section.
    (i) Albuquerque-Bernalillo County Air Quality Control Board, c/o 
Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 
87103.
    (ii) [Reserved]
    (HH) New York: New York State Department of Environmental 
Conservation, 50 Wolf Road Albany, New York 12233, attention: Division 
of Air Resources.
    (II) State of North Carolina: North Carolina Department of 
Environment and Natural Resources, Division of Air Quality, 1641 Mail 
Service Center, Raleigh, North Carolina 27699-1641.
Forsyth County Environmental Affairs, 537 North Spruce Street, Winston-
    Salem, North Carolina 27101.
Mecklenburg County Air Quality, 700 N. Tryon St., Suite 205, Charlotte, 
    North Carolina 28202-2236.
Western North Carolina Regional Air Quality Agency, 49 Mount Carmel 
    Road, Asheville, North Carolina 28806.
    (JJ) State of North Dakota, Division of Air Quality, North Dakota 
Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (KK) State of Ohio:
    (i) Medina, Summit and Portage Counties; Director, Akron Regional 
Air Quality Management District, 146 South High Street, Room 904, Akron, 
OH 44308.

[[Page 41]]

    (ii) Stark County; Director, Canton City Health Department, Air 
Pollution Control Division, 420 Market Avenue North, Canton, Ohio 44702-
1544.
    (iii) Butler, Clermont, Hamilton, and Warren Counties; Director, 
Hamilton County Department of Environmental Services, 250 William Howard 
Taft Road, Cincinnati, Ohio 45219-2660.
    (iv) Cuyahoga County; Commissioner, Cleveland Department of Public 
Health, Division of Air Quality, 75 Erieview Plaza 2nd Floor, Cleveland, 
Ohio 44114.
    (v) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties; 
Director, Regional Air Pollution Control Agency, 117 South Main Street, 
Dayton, Ohio 45422-1280.
    (vi) Lucas County and the City of Rossford (in Wood County); 
Director, City of Toledo, Division of Environmental Services, 348 South 
Erie Street, Toledo, OH 43604.
    (vii) Adams, Brown, Lawrence, and Scioto Counties; Portsmouth Local 
Air Agency, 605 Washington Street, Third Floor, Portsmouth, OH 45662.
    (viii) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton, 
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam, 
Richland, Sandusky, Seneca, Van Wert Williams, Wood (Except City of 
Rossford), and Wyandot Counties; Ohio Environmental Protection Agency, 
Northwest District Office, Air Pollution Control, 347 North Dunbridge 
Road, Bowling Green, Ohio 43402.
    (ix) Ashtabula, Caroll, Colombiana, Holmes, Lorain, and Wayne 
Counties; Ohio Environmental Protection Agency, Northeast District 
Office, Air Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
    (x) Athens, Belmont, Coshocton, Gallia, Guemsey, Harrison, Hocking, 
Jackson, Jefferson, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, 
Pike, Ross, Tuscarawas, Vinton, and Washington Counties; Ohio 
Environmental Protection Agency, Southeast District Office, Air 
Pollution Unit, 2195 Front Street, Logan, OH 43138.
    (xi) Champaign, Clinton, Highland, Logan, and Shelby Counties; Ohio 
Environmental Protection Agency, Southwest District Office, Air 
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
    (xii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking, 
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental 
Protection Agency, Central District Office, Air Pollution control, 50 
West Town Street, Suite 700, Columbus, Ohio 43215.
    (xiii) Geauga and Lake Counties; Lake County General Health 
District, Air Pollution Control, 33 Mill Street, Painesville, OH 44077.
    (xiv) Mahoning and Trumbull Counties; Mahoning-Trumbull Air 
Pollution Control Agency, 345 Oak Hill Avenue, Suite 200, Youngstown, OH 
44502.
    (LL) State of Oklahoma, Oklahoma State Department of Health, Air 
Quality Service, P.O. Box 53551, Oklahoma City, OK 73152.
    (i) Oklahoma City and County: Director, Oklahoma City-County Health 
Department, 921 Northeast 23rd Street, Oklahoma City, OK 73105.
    (ii) Tulsa County: Tulsa City-County Health Department, 4616 East 
Fifteenth Street, Tulsa, OK 74112.
    (MM) State of Oregon. (i) Oregon Department of Environmental Quality 
(ODEQ), 811 SW Sixth Avenue, Portland, OR 97204-1390, http://
www.deq.state.or.us.
    (ii) Lane Regional Air Pollution Authority (LRAPA), 1010 Main 
Street, Springfield, Oregon 97477, http://www.lrapa.org.
    (NN)(i) City of Philadelphia, Department of Public Health, Air 
Management Services, 321 University Avenue, Philadelphia, Pennsylvania 
19104.
    (ii) Commonwealth of Pennsylvania, Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.
    (iii) Allegheny County Health Department, Bureau of Environmental 
Quality, Division of Air Quality, 301 39th Street, Pittsburgh, 
Pennsylvania 15201.
    (OO) State of Rhode Island, Division of Air and Hazardous Materials, 
Department of Environmental Management, 291 Promenade Street, 
Providence, RI 02908.

[[Page 42]]

    (PP) State of South Carolina: South Carolina Department of Health 
and Environmental Control, 2600 Bull Street, Columbia, South Carolina 
29201.
    (QQ) State of South Dakota, Air Quality Program, Department of 
Environment and Natural Resources, Joe Foss Building, 523 East Capitol, 
Pierre, SD 57501-3181.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragragh (c) of this section.

    (RR) State of Tennessee: Tennessee Department of Environment and 
Conservation, Division of Air Pollution Control, 401 Church Street, 9th 
Floor, L&C Annex, Nashville, Tennessee 37243-1531.
Knox County Air Quality Management--Department of Public Health, 140 
    Dameron Avenue, Knoxville, TN 37917.
Air Pollution Control Bureau, Metropolitan Health Department, 311 23rd 
    Avenue North, Nashville, TN 37203.
Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 
    Preservation Drive, Chattanooga, TN 37416.
Memphis-Shelby County Health Department--Air Pollution Control Program, 
    814 Jefferson Avenue, Memphis, TN 38105.
    (SS) State of Texas, Texas Air Control Board, 6330 Highway 290 East, 
Austin, TX 78723.
    (TT) State of Utah, Division of Air Quality, Department of 
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (UU) State of Vermont, Air Pollution Control Division, Agency of 
Natural Resources, Building 3 South, 103 South Main Street, Waterbury, 
VT 05676.
    (VV) Commonwealth of Virginia, Department of Environmental Quality, 
629 East Main Street, Richmond, Virginia 23219.
    (WW) State of Washington. (i) Washington State Department of Ecology 
(Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://
www.ecy.wa.gov/
    (ii) Benton Clean Air Authority (BCAA), 650 George Washington Way, 
Richland, WA 99352-4289, http://www.bcaa.net/
    (iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South 
Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/
    (iv) Olympic Regional Clean Air Agency (ORCAA), 909 Sleater-Kinney 
Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.orcaa.org/
    (v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite 
500, Seattle, WA 98101-2038, http://www.pscleanair.org/
    (vi) Spokane County Air Pollution Control Authority (SCAPCA), West 
1101 College, Suite 403, Spokane, WA 99201, http://www.scapca.org/
    (vii) Southwest Clean Air Agency (SWCAA), 1308 NE. 134th St., 
Vancouver, WA 98685-2747, http://www.swcleanair.org/
    (viii) Yakima Regional Clean Air Authority (YRCAA), 6 South 2nd 
Street, Suite 1016, Yakima, WA 98901, http://co.yakima.wa.us/cleanair/
default.htm
    (ix) The following table lists the delegation status of the New 
Source Performance Standards for the State of Washington. An ``X'' 
indicates the subpart has been delegated, subject to all the conditions 
and limitations set forth in Federal law and the letters granting 
delegation. Some authorities cannot be delegated and are retained by 
EPA. Refer to the letters granting delegation for a discussion of these 
retained authorities. The dates noted at the end of the table indicate 
the effective dates of Federal rules that have been delegated. Authority 
for implementing and enforcing any amendments made to these rules after 
these effective dates are not delegated.

                                                   NSPS Subparts Delegated to Washington Air Agencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Washington
                                                         -----------------------------------------------------------------------------------------------
                       Subpart \1\                          Ecology
                                                              \2\      BCAA \3\    NWAPA \4\   ORCAA \5\   PSCAA \6\  SCAPCA \7\   SWCAA \8\   YRCAA \9\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions....................................          X           X           X           X           X           X           X           X
B Adoption and Submittal of State Plans for Designated
 Facilities.............................................

[[Page 43]]

 
C Emission Guidelines and Compliance Times..............
Cb Large Municipal Waste Combustors that are Constructed
 on or before September 20, 1994 (Emission Guidelines
 and Compliance Times)..................................
Cc Municipal Solid Waste Landfills (Emission Guidelines
 and Compliance Times)..................................
Cd Sulfuric Acid Production Units (Emission Guidelines
 and Compliance Times)..................................
Ce Hospital/Medical/Infectious Waste Incinerators
 (Emission Guidelines and Compliance Times).............
D Fossil-Fuel-Fired Steam Generators for which                    X           X           X           X           X           X           X           X
 Construction is Commenced after August 17, 1971........
Da Electric Utility Steam Generating Units for which              X           X           X           X           X           X           X           X
 Construction is Commenced after September 18, 1978.....
Db Industrial-Commercial-Institutional Steam Generating           X           X           X           X           X           X           X           X
 Units..................................................
Dc Small Industrial-Commercial-Institutional Steam                X           X           X           X           X           X           X           X
 Generating Units.......................................
E Incinerators..........................................          X           X           X           X           X           X           X           X
Ea Municipal Waste Combustors for which Construction is           X           X           X           X           X           X           X           X
 Commenced after December 20, 1989 and on or before
 September 20, 1994.....................................
Eb--Large Municipal Waste Combustors....................  ..........          X   ..........          X           X           X
Ec--Hospital/Medical/Infectious Waste Incinerators......          X           X           X           X           X           X
F Portland Cement Plants................................          X           X           X           X           X           X           X           X
G Nitric Acid Plants....................................          X           X           X           X           X           X           X           X
H Sulfuric Acid Plants..................................          X           X           X           X           X           X           X           X
I Hot Mix Asphalt Facilities............................          X           X           X           X           X           X           X           X
J Petroleum Refineries..................................          X           X           X           X           X           X           X           X
K Storage Vessels for Petroleum Liquids for which                 X           X           X           X           X           X           X           X
 Construction, Reconstruction, or Modification Commenced
 after June 11, 1973 and prior to May 19, 1978..........
Ka Storage Vessels for Petroleum Liquids for which                X           X           X           X           X           X           X           X
 Construction, Reconstruction, or Modification Commenced
 after May 18, 1978 and prior to July 23, 1984..........

[[Page 44]]

 
Kb VOC Liquid Storage Vessels (including Petroleum                X           X           X           X           X           X           X           X
 Liquid Storage Vessels) for which Construction,
 Reconstruction, or Modification Commenced after July
 23, 1984...............................................
L Secondary Lead Smelters...............................          X           X           X           X           X           X           X           X
M Secondary Brass and Bronze Production Plants..........          X           X           X           X           X           X           X           X
N Primary Emissions from Basic Oxygen Process Furnaces            X           X           X           X           X           X           X           X
 for which Construction is Commenced after June 11, 1973
Na Secondary Emissions from Basic Oxygen Process Steel-           X           X           X           X           X           X           X           X
 making Facilities for which Construction is Commenced
 after January 20, 1983.................................
O Sewage Treatment Plants...............................          X           X           X           X           X           X           X           X
P Primary Copper Smelters...............................          X           X           X           X           X           X           X           X
Q Primary Zinc Smelters.................................          X           X           X           X           X           X           X           X
R Primary Lead Smelters.................................          X           X           X           X           X           X           X           X
S Primary Aluminum Reduction Plants \10\................          X
T Phosphate Fertilizer Industry: Wet Process Phosphoric           X           X           X           X           X           X           X           X
 Acid Plants............................................
U Phosphate Fertilizer Industry: Superphosphoric Acid             X           X           X           X           X           X           X           X
 Plants.................................................
V Phosphate Fertilizer Industry: Diammonium Phosphate             X           X           X           X           X           X           X           X
 Plants.................................................
W Phosphate Fertilizer Industry: Triple Superphosphate            X           X           X           X           X           X           X           X
 Plants.................................................
X Phosphate Fertilizer Industry: Granular Triple                  X           X           X           X           X           X           X           X
 Superphosphate Storage Facilities......................
Y Coal Preparation Plants...............................          X           X           X           X           X           X           X           X
Z Ferroalloy Production Facilities......................          X           X           X           X           X           X           X           X
AA Steel Plants: Electric Arc Furnaces Constructed after          X           X           X           X           X           X           X           X
 October 21, 1974 and on or before August 17, 1983......
AAa Steel Plants: Electric Arc Furnaces and Argon-Oxygen          X           X           X           X           X           X           X           X
 Decarburization Vessels Constructed after August 7,
 1983...................................................
BB Kraft Pulp Mills \11\................................          X
CC Glass Manufacturing Plants...........................          X           X           X           X           X           X           X           X
DD Grain Elevators......................................          X           X           X           X           X           X           X           X
EE Surface Coating of Metal Furniture...................          X           X           X           X           X           X           X           X
GG Stationary Gas Turbines..............................          X           X           X           X           X           X           X           X
HH Lime Manufacturing Plants............................          X           X           X           X           X           X           X           X
KK Lead-Acid Battery Manufacturing Plants...............          X           X           X           X           X           X           X           X

[[Page 45]]

 
LL Metallic Mineral Processing Plants...................          X           X           X           X           X           X           X           X
MM Automobile and Light Duty Truck Surface Coating                X           X           X           X           X           X           X           X
 Operations.............................................
NN Phosphate Rock Plants................................          X           X           X           X           X           X           X           X
PP Ammonium Sulfate Manufacture.........................          X           X           X           X           X           X           X           X
QQ Graphic Arts Industry: Publication Rotogravure                 X           X           X           X           X           X           X           X
 Printing...............................................
RR Pressure Sensitive Tape and Label Surface Coating              X           X           X           X           X           X           X           X
 Standards..............................................
SS Industrial Surface Coating: Large Appliances.........          X           X           X           X           X           X           X           X
TT Metal Coil Surface Coating...........................          X           X           X           X           X           X           X           X
UU Asphalt Processing and Asphalt Roof Manufacture......          X           X           X           X           X           X           X           X
VV Equipment Leaks of VOC in Synthetic Organic Chemical           X           X           X           X           X           X           X           X
 Manufacturing Industry.................................
WW Beverage Can Surface Coating Industry................          X           X           X           X           X           X           X           X
XX Bulk Gasoline Terminals..............................          X           X           X           X           X           X           X           X
AAA New Residential Wood Heaters........................
BBB Rubber Tire Manufacturing Industry..................          X           X           X           X           X           X           X           X
DDD VOC Emissions from Polymer Manufacturing Industry...          X           X           X           X           X           X           X           X
FFF Flexible Vinyl and Urethane Coating and Printing....          X           X           X           X           X           X           X           X
GGG Equipment Leaks of VOC in Petroleum Refineries......          X           X           X           X           X           X           X           X
HHH Synthetic Fiber Production Facilities...............          X           X           X           X           X           X           X           X
III VOC Emissions from Synthetic Organic Chemical                 X           X           X           X           X           X           X           X
 Manufacturing Industry Air Oxidation Unit Processes....
JJJ Petroleum Dry Cleaners..............................          X           X           X           X           X           X           X           X
KKK Equipment Leaks of VOC from Onshore Natural Gas               X           X           X           X           X           X           X           X
 Processing Plants......................................
LLL Onshore Natural Gas Processing: SO2 Emissions.......          X           X           X           X           X           X           X           X
NNN VOC Emissions from Synthetic Organic Chemical                 X           X           X           X           X           X           X           X
 Manufacturing Industry Distillation Operations.........
OOO Nonmetallic Mineral Processing Plants...............  ..........  ..........          X   ..........          X   ..........          X
PPP Wool Fiberglass Insulation Manufacturing Plants.....          X           X           X           X           X           X           X           X
QQQ VOC Emissions from Petroleum Refinery Wastewater              X           X           X           X           X           X           X           X
 Systems................................................

[[Page 46]]

 
RRR VOCs from Synthetic Organic Chemical Manufacturing            X           X           X           X           X           X           X           X
 Industry Reactor Processes.............................
SSS Magnetic Tape Coating Facilities....................          X           X           X           X           X           X           X           X
TTT Industrial Surface Coating: Surface Coating of                X           X           X           X           X           X           X           X
 Plastic Parts for Business Machines....................
UUU Calciners and Dryers in Mineral Industries..........          X           X           X           X           X           X           X           X
VVV Polymeric Coating of Supporting Substrates                    X           X           X           X           X           X           X           X
 Facilities.............................................
WWW Municipal Solid Waste Landfills.....................          X           X           X           X           X           X           X           X
AAAA Small Municipal Waste Combustion Units for which             X           X   ..........          X           X           X   ..........          X
 Construction is Commenced after August 30, 1999 or for
 which Modification or Reconstruction is Commenced after
 June 6, 2001...........................................
BBBB Small Municipal Waste Combustion Units Constructed
 on or before August 30, 1999 (Emission Guidelines and
 Compliance Times)......................................
CCCC Commercial and Industrial Solid Waste Incineration           X           X   ..........          X           X           X   ..........          X
 Units for which Construction is Commenced after
 November, 30, 1999 or for which Modification or
 Reconstruction is Commenced on or after June 1, 2001...
DDDD Commercial and Industrial Solid Waste Incineration
 Units that Commenced Construction on or before November
 30, 1999 (Emission Guidelines and Compliance Times)....
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Any authority within any subpart of this part that is not delegable, is not delegated. Please refer to Attachment B to the delegation letters for a
  listing of the NSPS authorities excluded from delegation.
\2\ Washington State Department of Ecology, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for
  40 CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\3\ Benton Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40 CFR part
  60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\4\ Northwest Air Pollution Authority, for all NSPS delegated, as in effect on July 1, 2000.
\5\ Olympic Regional Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40
  CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\6\ Puget Sound Clean Air Authority, for all NSPS delegated, as in effect on July 1, 2002.
\7\ Spokane County Air Pollution Control Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6,
  2001; for 40 CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\8\ Southwest Clean Air Agency, for all NSPS delegated, as in effect on July 1, 2000.
\9\ Yakima Regional Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40
  CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\10\ Subpart S of this part is not delegated to local agencies in Washington because the Washington State Department of Ecology retains sole authority
  to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\11\ Subpart BB of this part is not delegated to local agencies in Washington because the Washington State Department of Ecology retains sole authority
  to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.


[[Page 47]]

    (XX) State of West Virginia, Department of Environmental Protection, 
Division of Air Quality, 601 57th Street, SE., Charleston, West Virginia 
25304.
    (YY) State of Wisconsin: Wisconsin Department of Natural Resouces, 
101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
    (ZZ) State of Wyoming, Department of Environmental Quality, Air 
Quality Division, Herschler Building, 122 West 25th Street, Cheyenne, WY 
82002.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (AAA) Territory of Guam: Guam Environmental Protection Agency, P.O. 
Box 22439 GMF, Barrigada, Guam 96921.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico 
Environmental Quality Board, P.O. Box 11488, Santurce, PR 00910, 
Attention: Air Quality Area Director (see table under Sec. 
60.4(b)(FF)(1)).
    (CCC) U.S. Virgin Islands: U.S. Virgin Islands Department of 
Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St. 
Thomas, VI 00801.
    (DDD) American Samoa: American Samoa Environmental Protection 
Agency, P.O. Box PPA, Pago Pago, American Samoa 96799.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (EEE) Commonwealth of the Northern Mariana Islands: CNMI Division of 
Environmental Quality, P.O. Box 501304, Saipan, MP 96950.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (c) The following is a table indicating the delegation status of New 
Source Performance Standards for Region VIII.

                              Delegation Status of New Source Performance Standards
                                            [(NSPS) for Region VIII]
----------------------------------------------------------------------------------------------------------------
                    Subpart                         CO         MT         ND         SD         UT         WY
----------------------------------------------------------------------------------------------------------------
A--General Provisions.........................        (*)        (*)        (*)        (*)        (*)        (*)
D--Fossil Fuel Fired Steam Generators.........        (*)        (*)        (*)        (*)        (*)        (*)
Da--Electric Utility Steam Generators.........        (*)        (*)        (*)        (*)        (*)        (*)
Db--Industrial-Commercial--Institutional Steam        (*)        (*)        (*)        (*)        (*)        (*)
 Generators...................................
Dc--Industrial-Commercial-Institutional Steam         (*)        (*)        (*)        (*)        (*)        (*)
 Generators...................................
E--Incinerators...............................        (*)        (*)        (*)        (*)        (*)        (*)
Ea--Municipal Waste Combustors................        (*)        (*)        (*)        (*)        (*)        (*)
Eb--Large Municipal Waste Combustors..........  .........        (*)  .........        (*)        (*)        (*)
Ec--Hospital/Medical/Infectious Waste                 (*)        (*)        (*)        (*)        (*)        (*)
 Incinerators.................................
F--Portland Cement Plants.....................        (*)        (*)        (*)        (*)        (*)        (*)
G--Nitric Acid Plants.........................        (*)        (*)        (*)                   (*)        (*)
H--Sulfuric Acid Plants.......................        (*)        (*)        (*)                   (*)        (*)
I--Asphalt Concrete Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
J--Petroleum Refineries.......................        (*)        (*)        (*)                   (*)        (*)
K--Petroleum Storage Vessels (after 6/11/73 &         (*)        (*)        (*)        (*)        (*)        (*)
 prior to.....................................
 5/19/78).....................................
Ka--Petroleum Storage Vessels (after 5/18/78 &        (*)        (*)        (*)        (*)        (*)        (*)
 prior to.....................................
 7/23/84).....................................
Kb--Petroleum Storage Vessels (after 7/23/84).        (*)        (*)        (*)        (*)        (*)        (*)
L--Secondary Lead Smelters....................        (*)        (*)  .........  .........        (*)        (*)
M--Secondary Brass and Bronze Production......
Plants........................................        (*)        (*)  .........  .........        (*)        (*)
N--Primary Emissions from Basic Oxygen Process        (*)        (*)  .........  .........        (*)        (*)
 Furnaces (after 6/11/73).....................
Na--Secondary Emissions from Basic Oxygen             (*)        (*)  .........  .........        (*)        (*)
 Process Furnaces (after 1/20/83).............
O--Sewage Treatment Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
P--Primary Copper Smelters....................        (*)        (*)  .........  .........        (*)        (*)
Q--Primary Zinc Smelters......................        (*)        (*)  .........  .........        (*)        (*)
R--Primary Lead Smelters......................        (*)        (*)  .........  .........        (*)        (*)
S--Primary Aluminum Reduction Plants..........        (*)        (*)  .........  .........        (*)        (*)

[[Page 48]]

 
T--Phosphate Fertilizer Industry: Wet Process         (*)        (*)        (*)                   (*)        (*)
 Phosphoric Plants............................
U--Phosphate Fertilizer Industry:                     (*)        (*)        (*)                   (*)        (*)
 Superphosphoric Acid Plants..................
V--Phosphate Fertilizer Industry: Diammonium          (*)        (*)        (*)                   (*)        (*)
 Phosphate Plants.............................
W--Phosphate Fertilizer Industry: Triple              (*)        (*)        (*)                   (*)        (*)
 Superphosphate Plants........................
X--Phosphate Fertilizer Industry: Granular            (*)        (*)        (*)                   (*)        (*)
 Triple Superphosphate Storage Facilities.....
Y--Coal Preparation Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
Z--Ferroalloy Production Facilities...........        (*)        (*)        (*)                   (*)        (*)
AA--Steel Plants: Electric Arc Furnaces (10/21/       (*)        (*)        (*)                   (*)        (*)
 74-8/17/83)..................................
AAa--Steel Plants: Electric Arc Furnaces and          (*)        (*)        (*)                   (*)        (*)
 Argon-Oxygen Decarburization Vessels (after 8/
 7/83)........................................
BB--Kraft Pulp Mills..........................        (*)        (*)  .........  .........        (*)        (*)
CC--Glass Manufacturing Plants................        (*)        (*)        (*)                   (*)        (*)
DD--Grain Elevator............................        (*)        (*)        (*)        (*)        (*)        (*)
EE--Surface Coating of Metal Furniture........        (*)        (*)        (*)                   (*)        (*)
GG--Stationary Gas Turbines...................        (*)        (*)        (*)        (*)        (*)        (*)
HH--Lime Manufacturing Plants.................        (*)        (*)        (*)        (*)        (*)        (*)
KK--Lead-Acid Battery Manufacturing Plants....        (*)        (*)        (*)                   (*)        (*)
LL--Metallic Mineral Processing Plants........        (*)        (*)        (*)        (*)        (*)        (*)
MM--Automobile & Light Duty Truck Surface             (*)        (*)        (*)                   (*)        (*)
 Coating Operations...........................
NN--Phosphate Rock Plants.....................        (*)        (*)        (*)                   (*)        (*)
PP--Ammonium Sulfate Manufacturing............        (*)        (*)        (*)                   (*)        (*)
QQ--Graphic Arts Industry: Publication                (*)        (*)        (*)        (*)        (*)        (*)
 Rotogravure Printing.........................
RR--Pressure Sensitive Tape & Label Surface           (*)        (*)        (*)        (*)        (*)        (*)
 Coating......................................
SS--Industrial Surface Coating: Large                 (*)        (*)        (*)                   (*)        (*)
 Applications.................................
TT--Metal Coil Surface Coating................        (*)        (*)        (*)                   (*)        (*)
UU--Asphalt Processing & Asphalt Roofing              (*)        (*)        (*)                   (*)        (*)
 Manufacture..................................
VV--Synthetic Organic Chemicals Manufacturing:        (*)        (*)        (*)        (*)        (*)        (*)
 Equipment Leaks of VOC.......................
WW--Beverage Can Surface Coating Industry.....        (*)        (*)        (*)                   (*)        (*)
XX--Bulk Gasoline Terminals...................        (*)        (*)        (*)        (*)        (*)        (*)
AAA--Residential Wood Heaters.................        (*)        (*)        (*)        (*)        (*)        (*)
BBB--Rubber Tires.............................        (*)        (*)        (*)                   (*)        (*)
DDD--VOC Emissions from Polymer Manufacturing         (*)        (*)        (*)                   (*)        (*)
 Industry.....................................
FFF--Flexible Vinyl & Urethane Coating &              (*)        (*)        (*)                   (*)        (*)
 Printing.....................................
GGG--Equipment Leaks of VOC in Petroleum              (*)        (*)        (*)                   (*)        (*)
 Refineries...................................
HHH--Synthetic Fiber Production...............        (*)        (*)        (*)                   (*)        (*)
III--VOC Emissions from the Synthetic Organic                    (*)        (*)                   (*)        (*)
 Chemical Manufacturing Industry Air Oxidation
 Unit Processes...............................
JJJ--Petroleum Dry Cleaners...................        (*)        (*)        (*)        (*)        (*)        (*)
KKK--Equipment Leaks of VOC from Onshore              (*)        (*)        (*)                   (*)        (*)
 Natural Gas Processing Plants................
LLL--Onshore Natural Gas Processing: SO2              (*)        (*)        (*)                   (*)        (*)
 Emissions....................................
NNN--VOC Emissions from the Synthetic Organic         (*)        (*)        (*)        (*)        (*)        (*)
 Chemical Manufacturing Industry Distillation
 Operations...................................
OOO--Nonmetallic Mineral Processing Plants....        (*)        (*)        (*)        (*)        (*)        (*)
PPP--Wool Fiberglass Insulation Manufacturing         (*)        (*)        (*)                   (*)        (*)
 Plants.......................................
QQQ--VOC Emissions from Petroleum Refinery            (*)        (*)        (*)                   (*)        (*)
 Wastewater Systems...........................
RRR--VOC Emissions from Synthetic Organic             (*)        (*)        (*)        (*)        (*)        (*)
 Chemistry Manufacturing Industry (SOCMI)
 Reactor Processes............................
SSS--Magnetic Tape Industry...................        (*)        (*)        (*)        (*)        (*)        (*)
TTT--Plastic Parts for Business Machine               (*)        (*)        (*)  .........        (*)        (*)
 Coatings.....................................
UUU--Calciners and Dryers in Mineral                  (*)        (*)        (*)        (*)        (*)        (*)
 Industries...................................
VVV--Polymeric Coating of Supporting                  (*)        (*)        (*)  .........        (*)        (*)
 Substrates...................................

[[Page 49]]

 
WWW--Municipal Solid Waste Landfills..........        (*)        (*)        (*)        (*)        (*)        (*)
AAAA-Small Municipal Waste Combustors.........  .........        (*)        (*)  .........        (*)        (*)
CCCC-Commercial and Industrial Solid Waste      .........        (*)        (*)  .........        (*)        (*)
 Incineration Units...........................
EEEE--Other Solid Waste Incineration Units for  .........  .........  .........  .........  .........        (*)
 Which Construction is Commenced After
 December 9, 2004, or for Which Modification
 or Reconstruction is Commenced On or After
 June 16, 2006................................
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.

    (d) The following tables list the specific part 60 standards that 
have been delegated unchanged to the air pollution control agencies in 
Region IX. The (X) symbol is used to indicate each standard that has 
been delegated. The following provisions of this subpart are not 
delegated: Sec. Sec. 60.4(b), 60.8(b), 60.9, 60.11(b), 60.11(e), 
60.13(a), 60.13(d)(2), 60.13(g), 60.13(i).
    (1) Arizona. The following table identifies delegations for Arizona:

                       Delegation Status for New Source Performance Standards for Arizona
----------------------------------------------------------------------------------------------------------------
                                                                           Air Pollution Control Agency
                                                                 -----------------------------------------------
                                            Subpart                 Arizona    Maricopa      Pima        Pinal
                                                                      DEQ       County      County      County
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating           X           X           X           X
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors                  X           X           X           X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors                  X           X           X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste           X           X           X   ..........
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X           X           X           X
G                             Nitric Acid Plants................          X           X           X           X
H                             Sulfuric Acid Plant...............          X           X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
Ja                            Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After May
                               14, 2007.
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X           X           X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic                X           X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X           X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........          X           X           X           X
Q                             Primary Zinc Smelters.............          X           X           X           X
R                             Primary Lead Smelters.............          X           X           X           X
S                             Primary Aluminum Reduction Plants.          X           X           X           X
T                             Phosphate Fertilizer Industry: Wet          X           X           X           X
                               Process Phosphoric Acid Plants.

[[Page 50]]

 
U                             Phosphate Fertilizer Industry:              X           X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X           X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X           X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X           X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........          X           X           X           X
Z                             Ferroalloy Production Facilities..          X           X           X           X
AA                            Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X           X           X           X
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture          X           X           X           X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........          X           X           X           X
KK                            Lead-Acid Battery Manufacturing             X           X           X           X
                               Plants.
LL                            Metallic Mineral Processing Plants          X           X           X           X
MM                            Automobile and Light Duty Trucks            X           X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X           X           X           X
PP                            Ammonium Sulfate Manufacture......          X           X           X           X
QQ                            Graphic Arts Industry: Publication          X           X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X           X           X           X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X           X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........          X           X           X           X
UU                            Asphalt Processing and Asphalt              X           X           X           X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X           X           X           X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
VVa                           Equipment Leaks of VOC in the               X
                               Synthetic Organic Chemicals
                               Manufacturing Industry for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........          X           X           X           X
AAA                           New Residential Wool Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X           X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)            X           X           X           X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane                 X           X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X           X           X           X
                               Petroleum Refineries.
GGGa                          Equipment Leaks of VOC in                   X
                               Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
HHH                           Synthetic Fiber Production                  X           X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X           X           X           X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X           X           X           X
KKK                           Equipment Leaks of VOC From                 X           X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X           X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................
NNN                           Volatile Organic Compound (VOC)             X           X           X           X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X           X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X           X           X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X           X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X           X           X           X
TTT                           Industrial Surface Coating:                 X           X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X           X           X
                               Industries.
VVV                           Polymeric Coating of Supporting             X           X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X           X           X

[[Page 51]]

 
AAAA                          Small Municipal Waste Combustion            X           X           X
                               Units for Which Construction is
                               Commenced After August 30, 1999
                               or for Which Modification or
                               Reconstruction is Commended After
                               June 6, 2001.
CCCC                          Commercial and Industrial Solid             X           X           X
                               Waste Incineration Units for
                               Which Construction Is Commenced
                               After November 30, 1999 or for
                               Which Modification or
                               Reconstruction Is Commenced on or
                               After June 1, 2001.
EEEE                          Other Solid Waste Incineration              X           X
                               Units for Which Construction is
                               Commenced After December 9, 2004,
                               or for Which Modification or
                               Reconstruction is Commenced on or
                               After June 16, 2006.
IIII                          Stationary Compression Ignition             X
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....          X
GGGG                          (Reserved)........................  ..........
----------------------------------------------------------------------------------------------------------------

    (2) California. The following tables identify delegations for each 
of the local air pollution control agencies of California.
    (i) Delegations for Amador County Air Pollution Control District, 
Antelope Valley Air Pollution Control District, Bay Area Air Quality 
Management District, and Butte County Air Pollution Control District are 
shown in the following table:

  Delegation Status for New Source Performance Standards for Amador County APCD, Antelope Valley APCD, Bay Area
                                           AQMD, and Butte County AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Amador     Antelope                  Butte
                                                                    County      Valley     Bay Area     County
                                                                     APCD        APCD        AQMD        APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................
D                          Fossil-Fuel Fired Steam Generators     ..........  ..........          X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating      ..........  ..........          X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional    ..........  ..........          X
                            Steam Generating Units.
Dc                         Small Industrial Steam Generating      ..........  ..........          X
                            Units.
E                          Incinerators.........................  ..........  ..........          X
Ea                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Municipal Waste Combustors
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............  ..........  ..........          X
G                          Nitric Acid Plants...................  ..........  ..........          X
H                          Sulfuric Acid Plants.................  ..........  ..........          X
I                          Hot Mix Asphalt Facilities...........  ..........  ..........          X
J                          Petroleum Refineries.................  ..........  ..........          X
K                          Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage        ..........  ..........          X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............  ..........  ..........          X
M                          Secondary Brass and Bronze Production  ..........  ..........          X
                            Plants.
N                          Primary Emissions from Basic Oxygen    ..........  ..........          X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen  ..........  ..........          X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.

[[Page 52]]

 
O                          Sewage Treatment Plants..............  ..........  ..........          X
P                          Primary Copper Smelters..............  ..........  ..........          X
Q                          Primary Zinc Smelters................  ..........  ..........          X
R                          Primary Lead Smelters................  ..........  ..........          X
S                          Primary Aluminum Reduction Plants....  ..........  ..........          X
T                          Phosphate Fertilizer Industry: Wet
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:         ..........  ..........          X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:         ..........  ..........          X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple  ..........  ..........          X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:         ..........  ..........          X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation Plants..............  ..........  ..........          X
Z                          Ferroalloy Production Facilities.....  ..........  ..........          X
AA                         Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft pulp Mills.....................  ..........  ..........          X
CC                         Glass Manufacturing Plants...........  ..........  ..........          X
DD                         Grain Elevators......................  ..........  ..........          X
EE                         Surface Coating of Metal Furniture...  ..........  ..........          X
FF                         (Reserved)...........................
GG                         Stationary Gas Turbines..............  ..........  ..........          X
HH                         Lime Manufacturing Plants............  ..........  ..........          X
KK                         Lead-Acid Battery Manufacturing        ..........  ..........          X
                            Plants.
LL                         Metallic Mineral Processing Plants...  ..........  ..........          X
MM                         Automobile and Light Duty Trucks       ..........  ..........          X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................  ..........  ..........          X
PP                         Ammonium Sulfate Manufacture.........  ..........  ..........          X
QQ                         Graphic Arts Industry: Publication     ..........  ..........          X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label      ..........  ..........          X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large      ..........  ..........          X
                            Appliances.
TT                         Metal Coil Surface Coating...........  ..........  ..........          X
UU                         Asphalt Processing and Asphalt         ..........  ..........          X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Chemicals
                            Manufacturing Industry.
WW                         Beverage Can Surface Coating Industry  ..........  ..........          X
XX                         Bulk Gasoline Terminals..............
AAA                        New Residential Wool Heaters.........  ..........  ..........          X
BBB                        Rubber Tire Manufacturing Industry...  ..........  ..........          X
CCC                        (Reserved)...........................
DDD                        Volatile Organic Compounds (VOC)       ..........  ..........          X
                            Emissions from the Polymer
                            Manufacturing Industry.
EEE                        (Reserved)...........................
FFF                        Flexible Vinyl and Urethane Coating    ..........  ..........          X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........  ..........          X
                            Refineries.
HHH                        Synthetic Fiber Production Facilities  ..........  ..........          X
III                        Volatile Organic Compound (VOC)
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............  ..........  ..........          X
KKK                        Equipment Leaks of VOC From Onshore    ..........  ..........          X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2
                            Emissions.
MMM                        (Reserved)...........................
NNN                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants  ..........  ..........          X
PPP                        Wool Fiberglass Insulation             ..........  ..........          X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....  ..........  ..........          X
TTT                        Industrial Surface Coating: Surface    ..........  ..........          X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.

[[Page 53]]

 
VVV                        Polymeric Coating of Supporting        ..........  ..........          X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......
----------------------------------------------------------------------------------------------------------------

    (ii) [Reserved]
    (iii) Delegations for Glenn County Air Pollution Control District, 
Great Basin Unified Air Pollution Control District, Imperial County Air 
Pollution Control District, and Kern County Air Pollution Control 
District are shown in the following table:

Delegation Status for New Source Performance Standards for Glenn County APCD, Great Basin Unified APCD, Imperial
                                        County APCD, and Kern County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                 Great
                                            Subpart                  Glenn       Basin     Imperial      Kern
                                                                    County      Unified     County      County
                                                                     APCD        APCD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................  ..........          X   ..........          X
D                             Fossil-Fuel Fired Steam Generators  ..........          X   ..........          X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating   ..........          X   ..........          X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-              ..........          X   ..........          X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating   ..........          X   ..........          X
                               Units.
E                             Incinerators......................  ..........          X   ..........          X
Ea                            Municipal Waste Combustors          ..........          X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............  ..........          X   ..........          X
G                             Nitric Acid Plants................  ..........          X   ..........          X
H                             Sulfuric Acid Plants..............  ..........          X
I                             Hot Mix Asphalt Facilities........  ..........          X   ..........          X
J                             Petroleum Refineries..............  ..........          X   ..........          X
K                             Storage Vessels for Petroleum       ..........          X   ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum       ..........          X   ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage     ..........          X   ..........          X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........  ..........          X   ..........          X
M                             Secondary Brass and Bronze          ..........          X   ..........          X
                               Production Plants.
N                             Primary Emissions from Basic        ..........          X   ..........          X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic      ..........          X   ..........          X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........  ..........          X   ..........          X
P                             Primary Copper Smelters...........  ..........          X   ..........          X
Q                             Primary Zinc Smelters.............  ..........          X   ..........          X
R                             Primary Lead Smelters.............  ..........          X   ..........          X
S                             Primary Aluminum Reduction Plants.  ..........          X   ..........          X
T                             Phosphate Fertilizer Industry: Wet  ..........          X   ..........          X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........  ..........          X   ..........          X

[[Page 54]]

 
Z                             Ferroalloy Production Facilities..  ..........          X   ..........          X
AA                            Steel Plants: Electric Arc          ..........          X   ..........          X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc          ..........          X   ..........          X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft pulp Mills..................  ..........          X   ..........          X
CC                            Glass Manufacturing Plants........  ..........          X   ..........          X
DD                            Grain Elevators...................  ..........          X   ..........          X
EE                            Surface Coating of Metal Furniture  ..........          X   ..........          X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........  ..........          X   ..........          X
HH                            Lime Manufacturing Plants.........  ..........          X   ..........          X
KK                            Lead-Acid Battery Manufacturing     ..........          X   ..........          X
                               Plants.
LL                            Metallic Mineral Processing Plants  ..........          X   ..........          X
MM                            Automobile and Light Duty Trucks    ..........          X   ..........          X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............  ..........          X   ..........          X
PP                            Ammonium Sulfate Manufacture......  ..........          X   ..........          X
QQ                            Graphic Arts Industry: Publication  ..........          X   ..........          X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label   ..........          X   ..........          X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large   ..........          X   ..........          X
                               Appliances.
TT                            Metal Coil Surface Coating........  ..........          X   ..........          X
UU                            Asphalt Processing and Asphalt      ..........          X   ..........          X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the       ..........          X   ..........          X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating        ..........          X   ..........          X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......  ..........          X   ..........          X
BBB                           Rubber Tire Manufacturing Industry  ..........          X   ..........          X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)    ..........          X   ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane         ..........          X   ..........          X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in           ..........          X   ..........          X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production          ..........          X   ..........          X
                               Facilities.
III                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............  ..........          X   ..........          X
KKK                           Equipment Leaks of VOC From         ..........          X   ..........          X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:     ..........  ..........  ..........          X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing      ..........          X   ..........          X
                               Plants.
PPP                           Wool Fiberglass Insulation          ..........          X   ..........          X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum        ..........          X   ..........          X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound           ..........  ..........  ..........          X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..  ..........          X   ..........          X
TTT                           Industrial Surface Coating:         ..........          X           X   ..........
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral     ..........          X   ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting     ..........          X   ..........          X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...  ..........  ..........  ..........          X
----------------------------------------------------------------------------------------------------------------

    (iv) Delegations for Lake County Air Quality Management District, 
Lassen County Air Pollution Control District, Mariposa County Air 
Pollution Control District, and Mendocino County Air Pollution Control 
District are shown in the following table:

[[Page 55]]



 Delegation Status for New Source Performance Standards for Lake County Air Quality Management District, Lassen
 County Air Pollution Control District, Mariposa County Air Pollution Control District, and Mendocino County Air
                                           Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                            Subpart                  Lake       Lassen     Mariposa    Mendocino
                                                                    County      County      County      County
                                                                     AQMD        APCD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X   ..........  ..........          X
D                             Fossil-Fuel Fired Steam Generators          X   ..........  ..........          X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X   ..........  ..........          X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating           X   ..........  ..........          X
                               Units.
E                             Incinerators......................          X   ..........  ..........          X
Ea                            Municipal Waste Combustors                  X   ..........  ..........          X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X   ..........  ..........          X
G                             Nitric Acid Plants................          X   ..........  ..........          X
H                             Sulfuric Acid Plants..............          X   ..........  ..........          X
I                             Hot Mix Asphalt Facilities........          X   ..........  ..........          X
J                             Petroleum Refineries..............          X   ..........  ..........          X
K                             Storage Vessels for Petroleum               X   ..........  ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X   ..........  ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X   ..........  ..........          X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X   ..........  ..........          X
M                             Secondary Brass and Bronze                  X   ..........  ..........          X
                               Production Plants.
N                             Primary Emissions from Basic                X   ..........  ..........          X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X   ..........  ..........          X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X   ..........  ..........          X
P                             Primary Copper Smelters...........          X   ..........  ..........          X
Q                             Primary Zinc Smelters.............          X   ..........  ..........          X
R                             Primary Lead Smelters.............          X   ..........  ..........          X
S                             Primary Aluminum Reduction Plants.          X   ..........  ..........          X
T                             Phosphate Fertilizer Industry: Wet          X   ..........  ..........          X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........          X   ..........  ..........          X
Z                             Ferroalloy Production Facilities..          X   ..........  ..........          X
AA                            Steel Plants: Electric Arc                  X   ..........  ..........          X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X   ..........  ..........          X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X   ..........  ..........          X
CC                            Glass Manufacturing Plants........          X   ..........  ..........          X
DD                            Grain Elevators...................          X   ..........  ..........          X
EE                            Surface Coating of Metal Furniture          X   ..........  ..........          X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........          X   ..........  ..........          X
HH                            Lime Manufacturing Plants.........          X   ..........  ..........          X
KK                            Lead-Acid Battery Manufacturing             X   ..........  ..........          X
                               Plants.
LL                            Metallic Mineral Processing Plants          X   ..........  ..........          X
MM                            Automobile and Light Duty Trucks            X   ..........  ..........          X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X   ..........  ..........          X
PP                            Ammonium Sulfate Manufacture......          X   ..........  ..........          X
QQ                            Graphic Arts Industry: Publication          X   ..........  ..........          X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X   ..........  ..........          X
                               Surface Coating Operations.

[[Page 56]]

 
SS                            Industrial Surface Coating: Large           X   ..........  ..........          X
                               Appliances.
TT                            Metal Coil Surface Coating........          X   ..........  ..........          X
UU                            Asphalt Processing and Asphalt              X   ..........  ..........          X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X   ..........  ..........          X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating                X   ..........  ..........          X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......          X   ..........  ..........          X
BBB                           Rubber Tire Manufacturing Industry          X   ..........  ..........          X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)            X   ..........  ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane                 X   ..........  ..........          X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X   ..........  ..........          X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production                  X   ..........  ..........          X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X   ..........  ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X   ..........  ..........          X
KKK                           Equipment Leaks of VOC From                 X   ..........  ..........          X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X   ..........  ..........          X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)             X   ..........  ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X   ..........  ..........          X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X   ..........  ..........          X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X   ..........  ..........          X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X   ..........  ..........          X
TTT                           Industrial Surface Coating:
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X   ..........  ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting             X   ..........  ..........          X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X   ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (v) Delegations for Modoc County Air Pollution Control District, 
Mojave Desert Air Quality Management District, Monterey Bay Unified Air 
Pollution Control District, and North Coast Unified Air Pollution 
Control District are shown in the following table:

 Delegation Status for New Source Performance Standards for Modoc County Air Pollution Control District, Mojave
  Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control District, and North Coast
                                     Unified Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                           Monterey      North
                                          Subpart                    Modoc      Mojave        Bay        Coast
                                                                    County      Desert      Unified     Unified
                                                                     APCD        AQMD        APCD        AQMD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................          X   ..........          X           X
D                          Fossil-Fuel Fired Steam Generators             X           X           X           X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating              X   ..........          X           X
                            Units Constructed After September
                            18, 1978.

[[Page 57]]

 
Db                         Industrial-Commercial-Institutional            X   ..........          X           X
                            Steam Generating Units.
Dc                         Small Industrial Steam Generating      ..........  ..........          X
                            Units.
E                          Incinerators.........................          X           X           X           X
Ea                         Municipal Waste Combustors
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Municipal Waste Combustors
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............          X           X           X           X
G                          Nitric Acid Plants...................          X           X           X           X
H                          Sulfuric Acid Plants.................          X           X           X           X
I                          Hot Mix Asphalt Facilities...........          X           X           X           X
J                          Petroleum Refineries.................          X           X           X           X
K                          Storage Vessels for Petroleum Liquids          X           X           X           X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids          X   ..........          X           X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage                X   ..........          X           X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............          X           X           X           X
M                          Secondary Brass and Bronze Production          X           X           X           X
                            Plants.
N                          Primary Emissions from Basic Oxygen            X           X           X           X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen          X   ..........          X           X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.
O                          Sewage Treatment Plants..............          X           X           X           X
P                          Primary Copper Smelters..............          X   ..........          X           X
Q                          Primary Zinc Smelters................          X   ..........          X           X
R                          Primary Lead Smelters................          X   ..........          X           X
S                          Primary Aluminum Reduction Plants....          X   ..........          X           X
T                          Phosphate Fertilizer Industry: Wet             X           X           X           X
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:                 X           X           X           X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:                 X           X           X           X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple          X           X           X           X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:                 X           X           X           X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation Plants..............          X           X           X           X
Z                          Ferroalloy Production Facilities.....          X   ..........          X           X
AA                         Steel Plants: Electric Arc Furnaces            X           X           X           X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces            X   ..........          X           X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft pulp Mills.....................          X   ..........          X           X
CC                         Glass Manufacturing Plants...........          X   ..........          X           X
DD                         Grain Elevators......................          X   ..........          X           X
EE                         Surface Coating of Metal Furniture...          X   ..........          X           X
FF                         (Reserved)...........................
GG                         Stationary Gas Turbines..............          X   ..........          X           X
HH                         Lime Manufacturing Plants............          X   ..........          X           X
KK                         Lead-Acid Battery Manufacturing                X   ..........          X           X
                            Plants.
LL                         Metallic Mineral Processing Plants...          X   ..........          X           X
MM                         Automobile and Light Duty Trucks               X   ..........          X           X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................          X   ..........          X           X
PP                         Ammonium Sulfate Manufacture.........          X   ..........          X           X
QQ                         Graphic Arts Industry: Publication             X   ..........          X           X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label              X   ..........          X           X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large              X   ..........          X           X
                            Appliances.
TT                         Metal Coil Surface Coating...........          X   ..........          X           X
UU                         Asphalt Processing and Asphalt                 X   ..........          X           X
                            Roofing Manufacture.

[[Page 58]]

 
VV                         Equipment Leaks of VOC in the                  X   ..........          X           X
                            Synthetic Organic Chemicals
                            Manufacturing Industry.
WW                         Beverage Can Surface Coating Industry          X   ..........          X           X
XX                         Bulk Gasoline Terminals..............
AAA                        New Residential Wool Heaters.........          X   ..........          X           X
BBB                        Rubber Tire Manufacturing Industry...          X   ..........          X           X
CCC                        (Reserved)...........................
DDD                        Volatile Organic Compounds (VOC)               X   ..........          X
                            Emissions from the Polymer
                            manufacturing Industry.
EEE                        (Reserved)...........................
FFF                        Flexible Vinyl and Urethane Coating            X   ..........          X           X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum            X   ..........          X           X
                            Refineries.
HHH                        Synthetic Fiber Production Facilities          X   ..........          X           X
III                        Volatile Organic Compound (VOC)
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............          X   ..........          X           X
KKK                        Equipment Leaks of VOC From Onshore            X   ..........          X           X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2            X   ..........          X           X
                            Emissions.
MMM                        (Reserved)...........................
NNN                        Volatile Organic Compound (VOC)                X   ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants          X   ..........          X           X
PPP                        Wool Fiberglass Insulation                     X   ..........          X           X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery          X   ..........          X           X
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....          X   ..........          X           X
TTT                        Industrial Surface Coating: Surface            X   ..........          X           X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........  ..........          X           X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......  ..........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (vi) Delegations for Northern Sierra Air Quality Management 
District, Northern Sonoma County Air Pollution Control District, Placer 
County Air Pollution Control District, and Sacramento Metropolitan Air 
Quality Management District are shown in the following table:

   Delegation Status for New Source Performance Standards for Northern Sierra Air Quality Management District,
    Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, and
                             Sacramento Metropolitan Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                          Air pollution control agency
                                                               -------------------------------------------------
                                                                             Northern
                                         Subpart                 Northern     Sonoma      Placer     Sacramento
                                                                  Sierra      County      County    Metropolitan
                                                                   AQMD        APCD        APCD         AQMD
----------------------------------------------------------------------------------------------------------------
A                         General Provisions..................  ..........          X   ..........           X
D                         Fossil-Fuel Fired Steam Generators    ..........          X   ..........           X
                           Constructed After August 17, 1971.
Da                        Electric Utility Steam Generating     ..........          X   ..........           X
                           Units Constructed After September
                           18, 1978.
Db                        Industrial-Commercial-Institutional   ..........  ..........  ..........           X
                           Steam Generating Units.

[[Page 59]]

 
Dc                        Small Industrial Steam Generating     ..........  ..........  ..........           X
                           Units.
E                         Incinerators........................  ..........          X   ..........           X
Ea                        Municipal Waste Combustors            ..........  ..........  ..........           X
                           Constructed After December 20, 1989
                           and On or Before September 20, 1994.
Eb                        Municipal Waste Combustors            ..........  ..........  ..........           X
                           Constructed After September 20,
                           1994.
Ec                        Hospital/Medical/Infectious Waste     ..........  ..........  ..........           X
                           Incinerators for Which Construction
                           is Commenced After June 20, 1996.
F                         Portland Cement Plants..............  ..........          X   ..........           X
G                         Nitric Acid Plants..................  ..........          X   ..........           X
H                         Sulfuric Acid Plants................  ..........          X   ..........           X
I                         Hot Mix Asphalt Facilities..........  ..........          X   ..........           X
J                         Petroleum Refineries................  ..........          X   ..........           X
K                         Storage Vessels for Petroleum         ..........          X   ..........           X
                           Liquids for Which Construction,
                           Reconstruction, or Modification
                           Commenced After June 11, 1973, and
                           Prior to May 19, 1978.
Ka                        Storage Vessels for Petroleum         ..........          X   ..........           X
                           Liquids for Which Construction,
                           Reconstruction, or Modification
                           Commenced After May 18, 1978, and
                           Prior to July 23, 1984.
Kb                        Volatile Organic Liquid Storage       ..........  ..........  ..........           X
                           Vessels (Including Petroleum Liquid
                           Storage Vessels) for Which
                           Construction, Reconstruction, or
                           Modification Commenced After July
                           23, 1984.
L                         Secondary Lead Smelters.............  ..........          X   ..........           X
M                         Secondary Brass and Bronze            ..........          X   ..........           X
                           Production Plants.
N                         Primary Emissions from Basic Oxygen   ..........          X   ..........           X
                           Process Furnaces for Which
                           Construction is Commenced After
                           June 11, 1973.
Na                        Secondary Emissions from Basic        ..........  ..........  ..........           X
                           Oxygen Process Steelmaking
                           Facilities for Which Construction
                           is Commenced After January 20, 1983.
O                         Sewage Treatment Plants.............  ..........          X   ..........           X
P                         Primary Copper Smelters.............  ..........          X   ..........           X
Q                         Primary Zinc Smelters...............  ..........          X   ..........           X
R                         Primary Lead Smelters...............  ..........          X   ..........           X
S                         Primary Aluminum Reduction Plants...  ..........          X   ..........           X
T                         Phosphate Fertilizer Industry: Wet    ..........          X   ..........           X
                           Process Phosphoric Acid Plants.
U                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Superphosphoric Acid Plants.
V                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Diammonium Phosphate Plants.
W                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Triple Superphosphate Plants.
X                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Granular Triple Superphosphate
                           Storage Facilities.
Y                         Coal Preparation Plants.............  ..........          X   ..........           X
Z                         Ferroalloy Production Facilities....  ..........          X   ..........           X
AA                        Steel Plants: Electric Arc Furnaces   ..........          X   ..........           X
                           Constructed After October 21, 1974
                           and On or Before August 17, 1983.
AAa                       Steel Plants: Electric Arc Furnaces   ..........  ..........  ..........           X
                           and Argon-Oxygen Decarburization
                           Vessels Constructed After August 7,
                           1983.
BB                        Kraft pulp Mills....................  ..........          X   ..........           X
CC                        Glass Manufacturing Plants..........  ..........          X   ..........           X
DD                        Grain Elevators.....................  ..........          X   ..........           X
EE                        Surface Coating of Metal Furniture..  ..........  ..........  ..........           X
FF                        (Reserved)..........................
GG                        Stationary Gas Turbines.............  ..........          X   ..........           X
HH                        Lime Manufacturing Plants...........  ..........          X   ..........           X
KK                        Lead-Acid Battery Manufacturing       ..........  ..........  ..........           X
                           Plants.
LL                        Metallic Mineral Processing Plants..  ..........  ..........  ..........           X
MM                        Automobile and Light Duty Trucks      ..........          X   ..........           X
                           Surface Coating Operations.
NN                        Phosphate Rock Plants...............  ..........  ..........  ..........           X
PP                        Ammonium Sulfate Manufacture........  ..........          X   ..........           X
QQ                        Graphic Arts Industry: Publication    ..........  ..........  ..........           X
                           Rotogravure Printing.
RR                        Pressure Sensitive Tape and Label     ..........  ..........  ..........           X
                           Surface Coating Operations.
SS                        Industrial Surface Coating: Large     ..........  ..........  ..........           X
                           Appliances.
TT                        Metal Coil Surface Coating..........  ..........  ..........  ..........           X
UU                        Asphalt Processing and Asphalt        ..........  ..........  ..........           X
                           Roofing Manufacture.

[[Page 60]]

 
VV                        Equipment Leaks of VOC in the         ..........  ..........  ..........           X
                           Synthetic Organic Chemicals
                           Manufacturing Industry.
WW                        Beverage Can Surface Coating          ..........  ..........  ..........           X
                           Industry.
XX                        Bulk Gasoline Terminals.............
AAA                       New Residential Wool Heaters........  ..........  ..........  ..........           X
BBB                       Rubber Tire Manufacturing Industry..  ..........  ..........  ..........           X
CCC                       (Reserved)..........................
DDD                       Volatile Organic Compounds (VOC)      ..........  ..........  ..........           X
                           Emissions from the Polymer
                           Manufacturing Industry.
EEE                       (Reserved)..........................
FFF                       Flexible Vinyl and Urethane Coating   ..........  ..........  ..........           X
                           and Printing.
GGG                       Equipment Leaks of VOC in Petroleum   ..........  ..........  ..........           X
                           Refineries.
HHH                       Synthetic Fiber Production            ..........  ..........  ..........           X
                           Facilities.
III                       Volatile Organic Compound (VOC)       ..........  ..........  ..........           X
                           Emissions From the Synthetic
                           Organic Chemical Manufacturing
                           Industry (SOCMI) Air Oxidation Unit
                           Processes.
JJJ                       Petroleum Dry Cleaners..............  ..........  ..........  ..........           X
KKK                       Equipment Leaks of VOC From Onshore   ..........  ..........  ..........           X
                           Natural Gas Processing Plants.
LLL                       Onshore Natural Gas Processing: SO2   ..........  ..........  ..........           X
                           Emissions.
MMM                       (Reserved)..........................
NNN                       Volatile Organic Compound (VOC)       ..........  ..........  ..........           X
                           Emissions From Synthetic Organic
                           Chemical Manufacturing Industry
                           (SOCMI) Distillation Operations.
OOO                       Nonmetallic Mineral Processing        ..........  ..........  ..........           X
                           Plants.
PPP                       Wool Fiberglass Insulation            ..........  ..........  ..........           X
                           Manufacturing Plants.
QQQ                       VOC Emissions From Petroleum          ..........  ..........  ..........           X
                           Refinery Wastewater Systems.
RRR                       Volatile Organic Compound Emissions   ..........  ..........  ..........           X
                           from Synthetic Organic Chemical
                           Manufacturing Industry (SOCMI)
                           Reactor Processes.
SSS                       Magnetic Tape Coating Facilities....  ..........  ..........  ..........           X
TTT                       Industrial Surface Coating: Surface   ..........  ..........  ..........           X
                           Coating of Plastic Parts for
                           Business Machines.
UUU                       Calciners and Dryers in Mineral       ..........  ..........  ..........           X
                           Industries.
VVV                       Polymeric Coating of Supporting       ..........  ..........  ..........           X
                           Substrates Facilities.
WWW                       Municipal Solid Waste Landfills.....  ..........  ..........  ..........           X
----------------------------------------------------------------------------------------------------------------

    (vii) Delegations for San Diego County Air Pollution Control 
District, San Joaquin Valley Unified Air Pollution Control District, San 
Luis Obispo County Air Pollution Control District, and Santa Barbara 
County Air Pollution Control District are shown in the following table:

 Delegation Status for New Source Performance Standards for San Diego County Air Pollution Control District, San
  Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County Air Pollution Control District,
                             and Santa Barbara County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air Pollution Control Agency
                                                                 -----------------------------------------------
                                                                                  San
                                            Subpart                San Diego    Joaquin    San Luis      Santa
                                                                    County      Valley      Obispo      Barbara
                                                                     APCD       Unified     County      County
                                                                                 APCD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.

[[Page 61]]

 
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating           X           X           X
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors                  X           X           X
                               Constructed After December 20,
                               1989, and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors                  X           X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste           X
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X           X           X
G                             Nitric Acid Plants................          X           X           X
H                             Sulfuric Acid Plants..............          X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
Ja                            Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After May
                               14, 2007.
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X           X           X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic                X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........          X           X           X
Q                             Primary Zinc Smelters.............          X           X           X
R                             Primary Lead Smelters.............          X           X           X
S                             Primary Aluminum Reduction Plants.          X           X           X
T                             Phosphate Fertilizer Industry: Wet          X           X           X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........          X           X           X
Z                             Ferroalloy Production Facilities..          X           X           X
AA                            Steel Plants: Electric Arc                  X           X           X
                               Furnaces Constructed After
                               October 21, 1974, and On or
                               Before August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft pulp Mills..................          X           X           X
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture          X           X           X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........          X           X           X
KK                            Lead-Acid Battery Manufacturing             X           X           X
                               Plants.
LL                            Metallic Mineral Processing Plants          X           X           X
MM                            Automobile and Light Duty Trucks            X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X           X           X
PP                            Ammonium Sulfate Manufacture......          X           X           X
QQ                            Graphic Arts Industry: Publication          X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X           X           X
                               Surface Coating Operations.

[[Page 62]]

 
SS                            Industrial Surface Coating: Large           X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........          X           X           X
UU                            Asphalt Processing and Asphalt              X           X           X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X           X           X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
VVa                           Equipment Leaks of VOC in the
                               Synthetic Organic Chemicals
                               Manufacturing Industry for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)            X           X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane                 X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X           X           X
                               Petroleum Refineries.
GGGa                          Equipment Leaks of VOC in
                               Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
HHH                           Synthetic Fiber Production                  X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X           X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X           X           X
KKK                           Equipment Leaks of VOC From                 X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................
NNN                           Volatile Organic Compound (VOC)             X           X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X           X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X           X           X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X           X           X
TTT                           Industrial Surface Coating:                 X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X           X           X           X
                               Industries.
VVV                           Polymeric Coating of Supporting             X           X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X           X           X           X
AAAA                          Small Municipal Waste Combustion            X
                               Units for Which Construction is
                               Commenced After August 30, 1999,
                               or for Which Modification or
                               Reconstruction is Commenced After
                               June 6, 2001.
CCCC                          Commercial and Industrial Solid             X
                               Waste Incineration Units for
                               Which Construction Is Commenced
                               After November 30, 1999, or for
                               Which Modification or
                               Reconstruction Is Commenced on or
                               After June 1, 2001.
EEEE                          Other Solid Waste Incineration              X
                               Units for Which Construction is
                               Commenced After December 9, 2004,
                               or for Which Modification or
                               Reconstruction is Commenced on or
                               After June 16, 2006.
GGGG                          (Reserved)........................
IIII                          Stationary Compression Ignition
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....  ..........
----------------------------------------------------------------------------------------------------------------


[[Page 63]]

    (viii) Delegations for Shasta County Air Quality Management 
District, Siskiyou County Air Pollution Control District, South Coast 
Air Quality Management District, and Tehama County Air Pollution Control 
District are shown in the following table:

    Delegation Status for New Source Performance Standards for Shasta County Air Quality Management District,
 Siskiyou County Air Pollution Control District, South Coast Air Quality Management District, and Tehama County
                                         Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air Pollution Control Agency
                                                                 -----------------------------------------------
                                          Subpart                   Shasta     Siskiyou                 Tehama
                                                                    County      County       South      County
                                                                     AQMD        APCD     Coast AQMD     APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................          X           X           X
D                          Fossil-Fuel Fired Steam Generators             X   ..........          X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating      ..........  ..........          X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional    ..........  ..........          X
                            Steam Generating Units.
Dc                         Small Industrial Steam Generating      ..........  ..........          X
                            Units.
E                          Incinerators.........................          X   ..........          X
Ea                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste      ..........  ..........          X
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............          X   ..........          X
G                          Nitric Acid Plants...................          X   ..........          X
H                          Sulfuric Acid Plants.................          X   ..........          X
I                          Hot Mix Asphalt Facilities...........          X   ..........          X
J                          Petroleum Refineries.................          X   ..........          X
Ja                         Petroleum Refineries for Which         ..........  ..........  ..........
                            Construction, Reconstruction, or
                            Modification Commenced After May 14,
                            2007.
K                          Storage Vessels for Petroleum Liquids          X   ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage        ..........  ..........          X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............          X   ..........          X
M                          Secondary Brass and Bronze Production          X   ..........          X
                            Plants.
N                          Primary Emissions from Basic Oxygen            X   ..........          X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen  ..........  ..........          X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.
O                          Sewage Treatment Plants..............          X   ..........          X
P                          Primary Copper Smelters..............          X   ..........          X
Q                          Primary Zinc Smelters................          X   ..........          X
R                          Primary Lead Smelters................          X   ..........          X
S                          Primary Aluminum Reduction Plants....          X   ..........          X
T                          Phosphate Fertilizer Industry: Wet             X   ..........          X
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple          X   ..........          X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation Plants..............          X   ..........          X
Z                          Ferroalloy Production Facilities.....          X   ..........          X
AA                         Steel Plants: Electric Arc Furnaces            X   ..........          X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft pulp Mills.....................          X   ..........          X
CC                         Glass Manufacturing Plants...........  ..........  ..........          X
DD                         Grain Elevators......................          X   ..........          X
EE                         Surface Coating of Metal Furniture...  ..........  ..........          X
FF                         (Reserved)...........................  ..........  ..........  ..........

[[Page 64]]

 
GG                         Stationary Gas Turbines..............  ..........  ..........          X
HH                         Lime Manufacturing Plants............          X   ..........          X
KK                         Lead-Acid Battery Manufacturing        ..........  ..........          X
                            Plants.
LL                         Metallic Mineral Processing Plants...  ..........  ..........          X
MM                         Automobile and Light Duty Trucks       ..........  ..........          X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................  ..........  ..........          X
PP                         Ammonium Sulfate Manufacture.........  ..........  ..........          X
QQ                         Graphic Arts Industry: Publication     ..........  ..........          X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label      ..........  ..........          X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large      ..........  ..........          X
                            Appliances.
TT                         Metal Coil Surface Coating...........  ..........  ..........          X
UU                         Asphalt Processing and Asphalt         ..........  ..........          X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Chemicals
                            Manufacturing Industry.
VVa                        Equipment Leaks of VOC in the          ..........  ..........  ..........
                            Synthetic Organic Chemicals
                            Manufacturing Industry for Which
                            Construction, Reconstruction, or
                            Modification Commenced After
                            November 7, 2006.
WW                         Beverage Can Surface Coating Industry  ..........  ..........          X
XX                         Bulk Gasoline Terminals..............  ..........  ..........  ..........
AAA                        New Residential Wool Heaters.........  ..........          X           X
BBB                        Rubber Tire Manufacturing Industry...  ..........          X           X
CCC                        (Reserved)...........................  ..........  ..........  ..........
DDD                        Volatile Organic Compounds (VOC)       ..........  ..........          X
                            Emissions from the Polymer
                            Manufacturing Industry.
EEE                        (Reserved)...........................  ..........  ..........  ..........
FFF                        Flexible Vinyl and Urethane Coating    ..........  ..........          X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........  ..........          X
                            Refineries.
GGGa                       Equipment Leaks of VOC in Petroleum    ..........  ..........  ..........
                            Refineries for Which Construction,
                            Reconstruction, or Modification
                            Commenced After November 7, 2006.
HHH                        Synthetic Fiber Production Facilities  ..........  ..........          X
III                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............  ..........  ..........          X
KKK                        Equipment Leaks of VOC From Onshore    ..........  ..........          X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2    ..........  ..........          X
                            Emissions.
MMM                        (Reserved)...........................  ..........  ..........  ..........
NNN                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants  ..........  ..........          X
PPP                        Wool Fiberglass Insulation             ..........  ..........          X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery  ..........          X           X
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions    ..........  ..........          X
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....  ..........          X           X
TTT                        Industrial Surface Coating: Surface    ..........          X           X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........  ..........          X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......  ..........  ..........          X
AAAA                       Small Municipal Waste Combustion               X           X           X
                            Units for Which Construction is
                            Commenced After August 30, 1999 or
                            for Which Modification or
                            Reconstruction is Commended After
                            June 6, 2001.
CCCC                       Commercial and Industrial Solid Waste  ..........  ..........          X
                            Incineration Units for Which
                            Construction Is Commenced After
                            November 30, 1999 or for Which
                            Modification or Reconstruction Is
                            Commenced on or After June 1, 2001.
EEEE                       Other Solid Waste Incineration Units   ..........  ..........          X
                            for Which Construction is Commenced
                            After December 9, 2004, or for Which
                            Modification or Reconstruction is
                            Commenced on or After June 16, 2006.
GGGG                       (Reserved)...........................  ..........  ..........  ..........
IIII                       Stationary Compression Ignition        ..........  ..........          X
                            Internal Combustion Engines.

[[Page 65]]

 
JJJJ                       Stationary Spark Ignition Internal     ..........  ..........  ..........
                            Combustion Engines.
KKKK                       Stationary Combustion Turbines.......  ..........  ..........          X   ..........
----------------------------------------------------------------------------------------------------------------

    (ix) Delegations for Tuolumne County Air Pollution Control District, 
Ventura County Air Pollution Control District, and Yolo-Solano Air 
Quality Management District are shown in the following table:

   Delegation Status for New Source Performance Standards for Tuolumne County Air Pollution Control District,
         Ventura County Air Pollution Control District, and Yolo-Solano Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                          Air Pollution Control Agency
                                                              --------------------------------------------------
                                         Subpart               Tuolumne County   Ventura County    Yolo-Solano
                                                                     APCD             APCD             AQMD
----------------------------------------------------------------------------------------------------------------
A                           General Provisions...............               X                X
D                           Fossil-Fuel Fired Steam                         X                X
                             Generators Constructed After
                             August 17, 1971.
Da                          Electric Utility Steam Generating               X
                             Units Constructed After
                             September 18, 1978.
Db                          Industrial-Commercial-                          X                X
                             Institutional Steam Generating
                             Units.
Dc                          Small Industrial Steam Generating               X
                             Units.
E                           Incinerators.....................               X
Ea                          Municipal Waste Combustors                      X
                             Constructed After December 20,
                             1989 and On or Before September
                             20, 1994.
Eb                          Municipal Waste Combustors                      X
                             Constructed After September 20,
                             1994.
Ec                          Hospital/Medical/Infectious Waste               X
                             Incinerators for Which
                             Construction is Commenced After
                             June 20, 1996.
F                           Portland Cement Plants...........               X
G                           Nitric Acid Plants...............               X
H                           Sulfuric Acid Plants.............               X
I                           Hot Mix Asphalt Facilities.......               X                X
J                           Petroleum Refineries.............               X                X
Ja                          Petroleum Refineries for Which
                             Construction, Reconstruction, or
                             Modification Commenced After May
                             14, 2007.
K                           Storage Vessels for Petroleum                   X                X
                             Liquids for Which Construction,
                             Reconstruction, or Modification
                             Commenced After June 11, 1973,
                             and Prior to May 19, 1978.
Ka                          Storage Vessels for Petroleum                   X
                             Liquids for Which Construction,
                             Reconstruction, or Modification
                             Commenced After May 18, 1978,
                             and Prior to July 23, 1984.
Kb                          Volatile Organic Liquid Storage                 X
                             Vessels (Including Petroleum
                             Liquid Storage Vessels) for
                             Which Construction,
                             Reconstruction, or Modification
                             Commenced After July 23, 1984.
L                           Secondary Lead Smelters..........               X
M                           Secondary Brass and Bronze                      X
                             Production Plants.
N                           Primary Emissions from Basic                    X
                             Oxygen Process Furnaces for
                             Which Construction is Commenced
                             After June 11, 1973.
Na                          Secondary Emissions from Basic                  X
                             Oxygen Process Steelmaking
                             Facilities for Which
                             Construction is Commenced After
                             January 20, 1983.
O                           Sewage Treatment Plants..........               X
P                           Primary Copper Smelters..........               X
Q                           Primary Zinc Smelters............               X
R                           Primary Lead Smelters............               X
S                           Primary Aluminum Reduction Plants               X
T                           Phosphate Fertilizer Industry:                  X
                             Wet Process Phosphoric Acid
                             Plants.
U                           Phosphate Fertilizer Industry:                  X
                             Superphosphoric Acid Plants.
V                           Phosphate Fertilizer Industry:                  X
                             Diammonium Phosphate Plants.

[[Page 66]]

 
W                           Phosphate Fertilizer Industry:                  X
                             Triple Superphosphate Plants.
X                           Phosphate Fertilizer Industry:                  X
                             Granular Triple Superphosphate
                             Storage Facilities.
Y                           Coal Preparation Plants..........               X
Z                           Ferroalloy Production Facilities.               X
AA                          Steel Plants: Electric Arc                      X                X
                             Furnaces Constructed After
                             October 21, 1974 and On or
                             Before August 17, 1983.
AAa                         Steel Plants: Electric Arc                      X
                             Furnaces and Argon-Oxygen
                             Decarburization Vessels
                             Constructed After August 7, 1983.
BB                          Kraft pulp Mills.................               X
CC                          Glass Manufacturing Plants.......               X
DD                          Grain Elevators..................               X
EE                          Surface Coating of Metal                        X
                             Furniture.
FF                          (Reserved).......................
GG                          Stationary Gas Turbines..........               X
HH                          Lime Manufacturing Plants........               X
KK                          Lead-Acid Battery Manufacturing                 X
                             Plants.
LL                          Metallic Mineral Processing                     X
                             Plants.
MM                          Automobile and Light Duty Trucks                X
                             Surface Coating Operations.
NN                          Phosphate Rock Plants............               X
PP                          Ammonium Sulfate Manufacture.....               X
QQ                          Graphic Arts Industry:                          X
                             Publication Rotogravure Printing.
RR                          Pressure Sensitive Tape and Label               X
                             Surface Coating Operations.
SS                          Industrial Surface Coating: Large               X
                             Appliances.
TT                          Metal Coil Surface Coating.......               X
UU                          Asphalt Processing and Asphalt                  X
                             Roofing Manufacture.
VV                          Equipment Leaks of VOC in the                   X
                             Synthetic Organic Chemicals
                             Manufacturing Industry.
VVa                         Equipment Leaks of VOC in the
                             Synthetic Organic Chemicals
                             Manufacturing Industry for Which
                             Construction, Reconstruction, or
                             Modification Commenced After
                             November 7, 2006.
WW                          Beverage Can Surface Coating                    X
                             Industry.
XX                          Bulk Gasoline Terminals..........
AAA                         New Residential Wood Heaters.....               X
BBB                         Rubber Tire Manufacturing                       X
                             Industry.
CCC                         (Reserved).......................
DDD                         Volatile Organic Compounds (VOC)                X
                             Emissions from the Polymer
                             Manufacturing Industry.
EEE                         (Reserved).......................
FFF                         Flexible Vinyl and Urethane                     X
                             Coating and Printing.
GGG                         Equipment Leaks of VOC in                       X
                             Petroleum Refineries.
GGGa                        Equipment Leaks of VOC in
                             Petroleum Refineries for Which
                             Construction, Reconstruction, or
                             Modification Commenced After
                             November 7, 2006.
HHH                         Synthetic Fiber Production                      X
                             Facilities.
III                         Volatile Organic Compound (VOC)                 X
                             Emissions From the Synthetic
                             Organic Chemical Manufacturing
                             Industry (SOCMI) Air Oxidation
                             Unit Processes.
JJJ                         Petroleum Dry Cleaners...........               X
KKK                         Equipment Leaks of VOC From                     X
                             Onshore Natural Gas Processing
                             Plants.
LLL                         Onshore Natural Gas Processing:                 X
                             SO2 Emissions.
MMM                         (Reserved).......................
NNN                         Volatile Organic Compound (VOC)                 X
                             Emissions From Synthetic Organic
                             Chemical Manufacturing Industry
                             (SOCMI) Distillation Operations.
OOO                         Nonmetallic Mineral Processing                  X                X
                             Plants.
PPP                         Wool Fiberglass Insulation                      X
                             Manufacturing Plants.
QQQ                         VOC Emissions From Petroleum                    X
                             Refinery Wastewater Systems.
RRR                         Volatile Organic Compound                       X
                             Emissions from Synthetic Organic
                             Chemical Manufacturing Industry
                             (SOCMI) Reactor Processes.
SSS                         Magnetic Tape Coating Facilities.               X
TTT                         Industrial Surface Coating:                     X
                             Surface Coating of Plastic Parts
                             for Business Machines.
UUU                         Calciners and Dryers in Mineral                 X
                             Industries.
VVV                         Polymeric Coating of Supporting                 X
                             Substrates Facilities.
WWW                         Municipal Solid Waste Landfills..               X                X

[[Page 67]]

 
AAAA                        Small Municipal Waste Combustion                X
                             Units for Which Construction is
                             Commenced After August 30, 1999
                             or for Which Modification or
                             Reconstruction is Commenced
                             After June 6, 2001.
CCCC                        Commercial and Industrial Solid                 X
                             Waste Incineration Units for
                             Which Construction Is Commenced
                             After November 30, 1999 or for
                             Which Modification or
                             Reconstruction Is Commenced on
                             or After June 1, 2001.
EEEE                        Other Solid Waste Incineration
                             Units for Which Construction is
                             Commenced After December 9,
                             2004, or for Which Modification
                             or Reconstruction is Commenced
                             on or After June 16, 2006.
GGGG                        (Reserved).......................
IIII                        Stationary Compression Ignition
                             Internal Combustion Engines.
JJJJ                        Stationary Spark Ignition
                             Internal Combustion Engines.
KKKK                        Stationary Combustion Turbines...  ...............
----------------------------------------------------------------------------------------------------------------

    (3) Hawaii. The following table identifies delegations for Hawaii:
    Delegation Status for New Source Performance Standards for Hawaii:

    Delegation Status for New Source Performance Standards for Hawaii
------------------------------------------------------------------------
                                    Subpart                   Hawaii
------------------------------------------------------------------------
A                      General Provisions..............               X
D                      Fossil-Fuel Fired Steam                        X
                        Generators Constructed After
                        August 17, 1971.
Da                     Electric Utility Steam                         X
                        Generating Units Constructed
                        After September 18, 1978.
Db                     Industrial-Commercial-                         X
                        Institutional Steam Generating
                        Units.
Dc                     Small Industrial Steam                         X
                        Generating Units.
E                      Incinerators....................               X
Ea                     Municipal Waste Combustors                     X
                        Constructed After December 20,
                        1989 and On or Before September
                        20, 1994.
Eb                     Municipal Waste Combustors                     X
                        Constructed After September 20,
                        1994.
Ec                     Hospital/Medical/Infectious                    X
                        Waste Incinerators for Which
                        Construction is Commenced After
                        June 20, 1996.
F                      Portland Cement Plants..........               X
G                      Nitric Acid Plants..............
H                      Sulfuric Acid Plants............
I                      Hot Mix Asphalt Facilities......               X
J                      Petroleum Refineries............               X
Ja                     Petroleum Refineries for Which
                        Construction, Reconstruction,
                        or Modification Commenced After
                        May 14, 2007.
K                      Storage Vessels for Petroleum                  X
                        Liquids for Which Construction,
                        Reconstruction, or Modification
                        Commenced After June 11, 1973,
                        and Prior to May 19, 1978.
Ka                     Storage Vessels for Petroleum                  X
                        Liquids for Which Construction,
                        Reconstruction, or Modification
                        Commenced After May 18, 1978,
                        and Prior to July 23, 1984.
Kb                     Volatile Organic Liquid Storage                X
                        Vessels (Including Petroleum
                        Liquid Storage Vessels) for
                        Which Construction,
                        Reconstruction, or Modification
                        Commenced After July 23, 1984.
L                      Secondary Lead Smelters.........
M                      Secondary Brass and Bronze
                        Production Plants.
N                      Primary Emissions from Basic
                        Oxygen Process Furnaces for
                        Which Construction is Commenced
                        After June 11, 1973.
Na                     Secondary Emissions from Basic
                        Oxygen Process Steelmaking
                        Facilities for Which
                        Construction is Commenced After
                        January 20, 1983.
O                      Sewage Treatment Plants.........               X
P                      Primary Copper Smelters.........
Q                      Primary Zinc Smelters...........
R                      Primary Lead Smelters...........
S                      Primary Aluminum Reduction
                        Plants.
T                      Phosphate Fertilizer Industry:
                        Wet Process Phosphoric Acid
                        Plants.
U                      Phosphate Fertilizer Industry:
                        Superphosphoric Acid Plants.
V                      Phosphate Fertilizer Industry:
                        Diammonium Phosphate Plants.
W                      Phosphate Fertilizer Industry:
                        Triple Superphosphate Plants.
X                      Phosphate Fertilizer Industry:
                        Granular Triple Superphosphate
                        Storage Facilities.
Y                      Coal Preparation Plants.........               X
Z                      Ferroalloy Production Facilities

[[Page 68]]

 
AA                     Steel Plants: Electric Arc                     X
                        Furnaces Constructed After
                        October 21, 1974 and On or
                        Before August 17, 1983.
AAa                    Steel Plants: Electric Arc                     X
                        Furnaces and Argon-Oxygen
                        Decarburization Vessels
                        Constructed After August 7,
                        1983.
BB                     Kraft pulp Mills................
CC                     Glass Manufacturing Plants......
DD                     Grain Elevators.................
EE                     Surface Coating of Metal
                        Furniture.
FF                     (Reserved)......................
GG                     Stationary Gas Turbines.........               X
HH                     Lime Manufacturing Plants.......
KK                     Lead-Acid Battery Manufacturing
                        Plants.
LL                     Metallic Mineral Processing
                        Plants.
MM                     Automobile and Light Duty Trucks
                        Surface Coating Operations.
NN                     Phosphate Rock Plants...........
PP                     Ammonium Sulfate Manufacture....
QQ                     Graphic Arts Industry:
                        Publication Rotogravure
                        Printing.
RR                     Pressure Sensitive Tape and
                        Label Surface Coating
                        Operations.
SS                     Industrial Surface Coating:
                        Large Appliances.
TT                     Metal Coil Surface Coating......
UU                     Asphalt Processing and Asphalt
                        Roofing Manufacture.
VV                     Equipment Leaks of VOC in the                  X
                        Synthetic Organic Chemicals
                        Manufacturing Industry.
VVa                    Equipment Leaks of VOC in the
                        Synthetic Organic Chemicals
                        Manufacturing Industry for
                        Which Construction,
                        Reconstruction, or Modification
                        Commenced After November 7,
                        2006.
WW                     Beverage Can Surface Coating                   X
                        Industry.
XX                     Bulk Gasoline Terminals.........               X
AAA                    New Residential Wool Heaters....
BBB                    Rubber Tire Manufacturing
                        Industry.
CCC                    (Reserved)......................
DDD                    Volatile Organic Compounds (VOC)
                        Emissions from the Polymer
                        Manufacturing Industry.
EEE                    (Reserved)......................
FFF                    Flexible Vinyl and Urethane
                        Coating and Printing.
GGG                    Equipment Leaks of VOC in                      X
                        Petroleum Refineries.
GGGa                   Equipment Leaks of VOC in
                        Petroleum Refineries for Which
                        Construction, Reconstruction,
                        or Modification Commenced After
                        November 7, 2006.
HHH                    Synthetic Fiber Production
                        Facilities.
III                    Volatile Organic Compound (VOC)
                        Emissions From the Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Air Oxidation
                        Unit Processes.
JJJ                    Petroleum Dry Cleaners..........               X
KKK                    Equipment Leaks of VOC From
                        Onshore Natural Gas Processing
                        Plants.
LLL                    Onshore Natural Gas Processing:
                        SO2 Emissions.
MMM                    (Reserved)......................
NNN                    Volatile Organic Compound (VOC)                X
                        Emissions From Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Distillation
                        Operations.
OOO                    Nonmetallic Mineral Processing                 X
                        Plants.
PPP                    Wool Fiberglass Insulation
                        Manufacturing Plants.
QQQ                    VOC Emissions From Petroleum                   X
                        Refinery Wastewater.
RRR                    Volatile Organic Compound
                        Emissions from Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Reactor
                        Processes.
SSS                    Magnetic Tape Coating Facilities
TTT                    Industrial Surface Coating:
                        Surface Coating of Plastic
                        Parts for Business Machines.
UUU                    Calciners and Dryers in Mineral                X
                        Industries.
VVV                    Polymeric Coating of Supporting                X
                        Substrates Facilities.
WWW                    Municipal Solid Waste Landfills.               X
AAAA                   Small Municipal Waste Combustion               X
                        Units for Which Construction is
                        Commenced After August 30, 1999
                        or for Which Modification or
                        Reconstruction is Commenced
                        After June 6, 2001.
CCCC                   Commercial and Industrial Solid                X
                        Waste Incineration Units for
                        Which Construction Is Commenced
                        After November 30, 1999 or for
                        Which Modification or
                        Reconstruction Is Commenced on
                        or After June 1, 2001.
EEEE                   Other Solid Waste Incineration
                        Units for Which Construction is
                        Commenced After December 9,
                        2004, or for Which Modification
                        or Reconstruction is Commenced
                        on or After June 16, 2006.
GGGG                   (Reserved)......................
IIII                   Stationary Compression Ignition
                        Internal Combustion Engines.
JJJJ                   Stationary Spark Ignition
                        Internal Combustion Engines.
KKKK                   Stationary Combustion Turbines..  ...............
------------------------------------------------------------------------

    (4) Nevada. The following table identifies delegations for Nevada:

[[Page 69]]



    Delegation Status for New Source Performance Standards for Nevada
------------------------------------------------------------------------
                                         Air Pollution Control Agency
                                     -----------------------------------
                     Subpart            Nevada       Clark      Washoe
                                          DEP       County      County
------------------------------------------------------------------------
A            General Provisions.....          X           X           X
D            Fossil-Fuel Fired Steam          X           X           X
              Generators Constructed
              After August 17, 1971.
Da           Electric Utility Steam           X
              Generating Units
              Constructed After
              September 18, 1978.
Db           Industrial-Commercial-           X
              Institutional Steam
              Generating Units.
Dc           Small Industrial Steam           X
              Generating Units.
E            Incinerators...........          X           X           X
Ea           Municipal Waste                  X
              Combustors Constructed
              After December 20,
              1989 and On or Before
              September 20, 1994.
Eb           Municipal Waste                  X
              Combustors Constructed
              After September 20,
              1994.
Ec           Hospital/Medical/                X
              Infectious Waste
              Incinerators for Which
              Construction is
              Commenced After June
              20, 1996.
F            Portland Cement Plants.          X           X           X
G            Nitric Acid Plants.....          X           X
H            Sulfuric Acid Plants...          X           X
I            Hot Mix Asphalt                  X           X           X
              Facilities.
J            Petroleum Refineries...          X           X
Ja           Petroleum Refineries
              for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After May 14, 2007.
K            Storage Vessels for              X           X           X
              Petroleum Liquids for
              Which Construction,
              Reconstruction, or
              Modification Commenced
              After June 11, 1973,
              and Prior to May 19,
              1978.
Ka           Storage Vessels for              X           X           X
              Petroleum Liquids for
              Which Construction,
              Reconstruction, or
              Modification Commenced
              After May 18, 1978,
              and Prior to July 23,
              1984.
Kb           Volatile Organic Liquid          X
              Storage Vessels
              (Including Petroleum
              Liquid Storage
              Vessels) for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After July 23, 1984.
L            Secondary Lead Smelters          X           X           X
M            Secondary Brass and              X           X
              Bronze Production
              Plants.
N            Primary Emissions from           X           X
              Basic Oxygen Process
              Furnaces for Which
              Construction is
              Commenced After June
              11, 1973.
Na           Secondary Emissions              X
              from Basic Oxygen
              Process Steelmaking
              Facilities for Which
              Construction is
              Commenced After
              January 20, 1983.
O            Sewage Treatment Plants          X           X           X
P            Primary Copper Smelters          X           X           X
Q            Primary Zinc Smelters..          X           X           X
R            Primary Lead Smelters..          X           X           X
S            Primary Aluminum                 X           X
              Reduction Plants.
T            Phosphate Fertilizer             X           X
              Industry: Wet Process
              Phosphoric Acid Plants.
U            Phosphate Fertilizer             X           X
              Industry:
              Superphosphoric Acid
              Plants.
V            Phosphate Fertilizer             X           X
              Industry: Diammonium
              Phosphate Plants.
W            Phosphate Fertilizer             X           X
              Industry: Triple
              Superphosphate Plants.
X            Phosphate Fertilizer             X           X
              Industry: Granular
              Triple Superphosphate
              Storage Facilities.
Y            Coal Preparation Plants          X           X           X
Z            Ferroalloy Production            X           X
              Facilities.
AA           Steel Plants: Electric           X           X
              Arc Furnaces
              Constructed After
              October 21, 1974 and
              On or Before August
              17, 1983.
AAa          Steel Plants: Electric           X
              Arc Furnaces and Argon-
              Oxygen Decarburization
              Vessels Constructed
              After August 7, 1983.
BB           Kraft pulp Mills.......          X           X
CC           Glass Manufacturing              X           X
              Plants.
DD           Grain Elevators........          X           X           X
EE           Surface Coating of               X           X           X
              Metal Furniture.
FF           (Reserved).............
GG           Stationary Gas Turbines          X           X           X
HH           Lime Manufacturing               X           X           X
              Plants.
KK           Lead-Acid Battery                X           X           X
              Manufacturing Plants.
LL           Metallic Mineral                 X           X           X
              Processing Plants.
MM           Automobile and Light             X           X           X
              Duty Trucks Surface
              Coating Operations.
NN           Phosphate Rock Plants..          X           X           X
PP           Ammonium Sulfate                 X           X
              Manufacture.
QQ           Graphic Arts Industry:           X           X           X
              Publication
              Rotogravure Printing.
RR           Pressure Sensitive Tape          X           X
              and Label Surface
              Coating Operations.
SS           Industrial Surface               X           X           X
              Coating: Large
              Appliances.
TT           Metal Coil Surface               X           X           X
              Coating.
UU           Asphalt Processing and           X           X           X
              Asphalt Roofing
              Manufacture.
VV           Equipment Leaks of VOC           X           X           X
              in the Synthetic
              Organic Chemicals
              Manufacturing Industry.
VVa          Equipment Leaks of VOC
              in the Synthetic
              Organic Chemicals
              Manufacturing Industry
              for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After November 7, 2006.

[[Page 70]]

 
WW           Beverage Can Surface             X           X
              Coating Industry.
XX           Bulk Gasoline Terminals          X           X
AAA          New Residential Wool
              Heaters.
BBB          Rubber Tire                      X
              Manufacturing Industry.
CCC          (Reserved).............
DDD          Volatile Organic                 X
              Compounds (VOC)
              Emissions from the
              Polymer Manufacturing
              Industry.
EEE          (Reserved).............
FFF          Flexible Vinyl and               X           X
              Urethane Coating and
              Printing.
GGG          Equipment Leaks of VOC           X           X
              in Petroleum
              Refineries.
GGGa         Equipment Leaks of VOC
              in Petroleum
              Refineries for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After November 7, 2006.
HHH          Synthetic Fiber                  X           X
              Production Facilities.
III          Volatile Organic                 X
              Compound (VOC)
              Emissions From the
              Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI) Air
              Oxidation Unit
              Processes.
JJJ          Petroleum Dry Cleaners.          X           X           X
KKK          Equipment Leaks of VOC           X
              From Onshore Natural
              Gas Processing Plants.
LLL          Onshore Natural Gas              X
              Processing: SO2
              Emissions.
MMM          (Reserved).............
NNN          Volatile Organic                 X
              Compound (VOC)
              Emissions From
              Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Distillation
              Operations.
OOO          Nonmetallic Mineral              X           X
              Processing Plants.
PPP          Wool Fiberglass                  X           X
              Insulation
              Manufacturing Plants.
QQQ          VOC Emissions From               X
              Petroleum Refinery
              Wastewater Systems.
RRR          Volatile Organic                 X
              Compound Emissions
              from Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Reactor Processes.
SSS          Magnetic Tape Coating            X
              Facilities.
TTT          Industrial Surface               X
              Coating: Surface
              Coating of Plastic
              Parts for Business
              Machines.
UUU          Calciners and Dryers in          X
              Mineral Industries.
VVV          Polymeric Coating of             X
              Supporting Substrates
              Facilities.
WWW          Municipal Solid Waste            X
              Landfills.
AAAA         Small Municipal Waste            X
              Combustion Units for
              Which Construction is
              Commenced After August
              30, 1999 or for Which
              Modification or
              Reconstruction is
              Commended After June
              6, 2001.
CCCC         Commercial and                   X
              Industrial Solid Waste
              Incineration Units for
              Which Construction Is
              Commenced After
              November 30, 1999 or
              for Which Modification
              or Reconstruction Is
              Commenced on or After
              June 1, 2001.
EEEE         Other Solid Waste                X
              Incineration Units for
              Which Construction is
              Commenced After
              December 9, 2004, or
              for Which Modification
              or Reconstruction is
              Commenced on or After
              June 16, 2006.
GGGG         (Reserved).............
IIII         Stationary Compression           X
              Ignition Internal
              Combustion Engines.
JJJJ         Stationary Spark                 X
              Ignition Internal
              Combustion Engines.
KKKK         Stationary Combustion            X   ..........
              Turbines.
------------------------------------------------------------------------

    (5) Guam. The following table identifies delegations as of June 15, 
2001:

                         Delegation Status for New Source Performance Standards for Guam
----------------------------------------------------------------------------------------------------------------
                                    Subpart                                        Guam
----------------------------------------------------------------------------------------------------------------
A                     General Provisions................                                                       X
D                     Fossil-Fuel Fired Steam Generators                                                       X
                       Constructed After August 17, 1971.
Da                    Electric Utility Steam Generating
                       Units Constructed After September
                       18, 1978.
Db                    Industrial-Commercial-
                       Institutional Steam Generating
                       Units.
Dc                    Small Industrial Steam Generating
                       Units.
E                     Incinerators......................
Ea                    Municipal Waste Combustors
                       Constructed After December 20,
                       1989 and On or Before September
                       20, 1994.
Eb                    Municipal Waste Combustors
                       Constructed After September 20,
                       1994.
Ec                    Hospital/Medical/Infectious Waste
                       Incinerators for Which
                       Construction is Commenced After
                       June 20, 1996.
F                     Portland Cement Plants............                                                       X
G                     Nitric Acid Plants................

[[Page 71]]

 
H                     Sulfuric Acid Plants..............
I                     Hot Mix Asphalt Facilities........                                                       X
J                     Petroleum Refineries..............                                                       X
K                     Storage Vessels for Petroleum                                                            X
                       Liquids for Which Construction,
                       Reconstruction, or Modification
                       Commenced After June 11, 1973,
                       and Prior to May 19, 1978.
----------------------------------------------------------------------------------------------------------------

    (e) The following lists the specific part 60 standards that have 
been delegated unchanged to the air pollution control agencies in Region 
6.
    (1) New Mexico. The New Mexico Environment Department has been 
delegated all part 60 standards promulgated by EPA, except subpart AAA--
Standards of Performance for New Residential Wood Heaters, as amended in 
the Federal Register through September 1, 2002.
    (2) Louisiana. The Louisiana Department of Environmental Quality has 
been delegated all part 60 standards promulgated by EPA, except subpart 
AAA--Standards for Performance for New Residential Wood Heaters, as 
amended in the Federal Register through July 1, 2008.

       Delegation Status for Part 60 Standards--State of Louisiana
------------------------------------------------------------------------
        Subpart              Source category             LDEQ\1\
------------------------------------------------------------------------
A......................  General Provisions....  Yes.
D......................  Fossil Fueled Steam     Yes.
                          Generators (250 MM BTU/hr).
                          Including amendments
                          issued January 28,
                          2009. (74 FR 5072).
Da.....................  Electric Utility Steam  Yes.
                          Generating Units (250 MM BTU/
                          hr). Including
                          amendments issued
                          January 28, 2009. (74
                          FR 5072).
Db.....................  Industrial-Commercial-  Yes.
                          Institutional Steam
                          Generating Units (100
                          to 250 MM BTU/hr).
                          Including amendments
                          issued January 28,
                          2009. (74 FR 5072).
Dc.....................  Industrial-Commercial-  Yes.
                          Institutional Small
                          Steam Generating
                          Units (10 to 100 MM
                          BTU/hr). Including
                          amendments issued
                          January 28, 2009. (74
                          FR 5072).
E......................  Incinerators (50 tons per day).
                          Including amendments
                          issued January 28,
                          2009. (74 FR 5072).
Ea.....................  Municipal Waste         Yes.
                          Combustors.
Eb.....................  Large Municipal Waste   Yes.
                          Combustors.
Ec.....................  Hospital/Medical/       Yes.
                          Infectious Waste
                          Incinerators.
F......................  Portland Cement Plants  Yes.
G......................  Nitric Acid Plants....  Yes.
H......................  Sulfuric Acid Plants..  Yes.
I......................  Hot Mix Asphalt         Yes.
                          Facilities.
J......................  Petroleum Refineries..  Yes.
Ja.....................  Petroleum Refineries    Yes.
                          (After May 14, 2007).
                          Including amendments
                          issued July 28, 2008.
                          (73 FR 43626).
K......................  Storage Vessels for     Yes.
                          Petroleum Liquids
                          (After 6/11/73 &
                          Before 5/19/78).
Ka.....................  Storage Vessels for     Yes.
                          Petroleum Liquids
                          (After 6/11/73 &
                          Before 5/19/78).
Kb.....................  Volatile Organic        Yes.
                          Liquid Storage
                          Vessels (Including
                          Petroleum Liquid Stg/
                          Vessels) After 7/23/
                          84.
L......................  Secondary Lead          Yes.
                          Smelters.
M......................  Secondary Brass and     Yes.
                          Bronze Production
                          Plants.
N......................  Primary Emissions from  Yes.
                          Basic Oxygen Process
                          Furnaces
                          (Construction
                          Commenced After June
                          11, 1973).
Na.....................  Secondary Emissions     Yes.
                          from Basic Oxygen
                          Process Steelmaking
                          Facilities
                          Construction is
                          Commenced After
                          January 20, 1983.
O......................  Sewage Treatment        Yes.
                          Plants.
P......................  Primary Copper          Yes.
                          Smelters.
Q......................  Primary Zinc Smelters.  Yes.
R......................  Primary Lead Smelters.  Yes.
S......................  Primary Aluminum        Yes.
                          Reduction Plants.
T......................  Phosphate Fertilizer    Yes.
                          Industry: Wet Process
                          Phosphoric Plants.
U......................  Phosphate Fertilizer    Yes.
                          Industry:
                          Superphosphoric Acid
                          Plants.
V......................  Phosphate Fertilizer    Yes.
                          Industry: Diammonium
                          Phosphate Plants.
W......................  Phosphate Fertilizer    Yes.
                          Industry: Triple
                          Superphosphate Plants.
X......................  Phosphate Fertilizer    Yes.
                          Industry: Granular
                          Triple Superphosphate
                          Storage Facilities.
Y......................  Coal Preparation        Yes.
                          Plants.
Z......................  Ferroalloy Production   Yes.
                          Facilities.
AA.....................  Steel Plants: Electric  Yes.
                          Arc Furnaces After 10/
                          21/74 & On or Before
                          8/17/83.

[[Page 72]]

 
AAa....................  Steel Plants: Electric  Yes.
                          Arc Furnaces & Argon-
                          Oxygen
                          Decarburization
                          Vessels After 8/07/83.
BB.....................  Kraft Pulp Mills......  Yes.
CC.....................  Glass Manufacturing     Yes.
                          Plants.
DD.....................  Grain Elevators.......  Yes.
EE.....................  Surface Coating of      Yes.
                          Metal Furnature.
GG.....................  Stationary Gas          Yes.
                          Turbines.
HH.....................  Lime Manufacturing      Yes.
                          Plants.
KK.....................  Lead-Acid Battery       Yes.
                          Manufacturing Plants.
LL.....................  Metallic Mineral        Yes.
                          Processing Plants.
MM.....................  Automobile & Light      Yes.
                          Duty Truck Surface
                          Coating Operations.
NN.....................  Phosphate               Yes.
                          Manufacturing Plants.
PP.....................  Ammonium Sulfate        Yes.
                          Manufacture.
QQ.....................  Graphic Arts Industry:  Yes.
                          Publication
                          Rotogravure Printing.
RR.....................  Pressure Sensitive      Yes.
                          Tape and Label
                          Surface Coating
                          Operations.
SS.....................  Industrial Surface      Yes.
                          Coating: Large
                          Appliances.
TT.....................  Metal Coil Surface      Yes.
                          Coating.
UU.....................  Asphalt Processing and  Yes.
                          Asphalt Roofing
                          Manufacture.
VV.....................  VOC Equipment Leaks in  Yes.
                          the SOCMI Industry.
VVa....................  VOC Equipment Leaks in  Yes.
                          the SOCMI Industry
                          (After November 7,
                          2006).
XX.....................  Bulk Gasoline           Yes.
                          Terminals.
AAA....................  New Residential Wood    No
                          Heaters.
BBB....................  Rubber Tire             Yes.
                          Manufacturing
                          Industry.
DDD....................  Volatile Organic        Yes.
                          Compound (VOC)
                          Emissions from the
                          Polymer Manufacturing
                          Industry.
FFF....................  Flexible Vinyl and      Yes.
                          Urethane Coating and
                          Printing.
GGG....................  VOC Equipment Leaks in  Yes.
                          Petroleum Refineries.
HHH....................  Synthetic Fiber         Yes.
                          Production.
III....................  VOC Emissions from the  Yes.
                          SOCMI Air Oxidation
                          Unit Processes.
JJJ....................  Petroleum Dry Cleaners  Yes.
KKK....................  VOC Equipment Leaks     Yes.
                          From Onshore Natural
                          Gas Processing Plants.
LLL....................  Onshore Natural Gas     Yes.
                          Processing: SO2
                          Emissions.
NNN....................  VOC Emissions from      Yes.
                          SOCMI Distillation
                          Operations.
OOO....................  Nonmetallic Mineral     Yes.
                          Processing Plants.
PPP....................  Wool Fiberglass         Yes.
                          Insulation
                          Manufacturing Plants.
QQQ....................  VOC Emissions From      Yes.
                          Petroleum Refinery
                          Wastewater Systems.
RRR....................  VOC Emissions from      Yes.
                          SOCMI Reactor
                          Processes.
SSS....................  Magnetic Tape Coating   Yes.
                          Operations.
TTT....................  Industrial Surface      Yes.
                          Coating: Plastic
                          Parts for Business
                          Machines.
UUU....................  Calciners and Dryers    Yes.
                          in Mineral Industries.
VVV....................  Polymeric Coating of    Yes.
                          Supporting Substrates
                          Facilities.
WWW....................  Municipal Solid Waste   Yes.
                          Landfills.
AAAA...................  Small Municipal Waste   Yes.
                          Combustion Units
                          (Construction is
                          Commenced After 8/30/
                          99 or Modification/
                          Reconstruction is
                          Commenced After 6/06/
                          2001).
CCCC...................  Commercial &            Yes.
                          Industrial Solid
                          Waste Incineration
                          Units (Construction
                          is Commenced After 11/
                          30/1999 or
                          Modification/
                          Reconstruction is
                          Commenced on or After
                          6/01/2001).
EEEE...................  Other Solid Waste       Yes.
                          Incineration Units
                          (Constructed after 12/
                          09/2004 or
                          Modicatation/
                          Reconstruction is
                          commenced on or after
                          06/16/2004).
IIII...................  Stationary Compression  Yes.
                          Ignition Internal
                          Combustion Engines.
JJJJ...................  Stationary Spark        Yes.
                          Ignition Internal
                          Combustion Engines.
                          Including amendments
                          issued October 8,
                          2008. (73 FR 59175).
KKKK...................  Stationary Combustion   Yes
                          Turbines
                          (Construction
                          Commenced After 02/18/
                          2005).
------------------------------------------------------------------------
\1\ The Louisiana Department of Environmental Quality (LDEQ) has been
  delegated all Part 60 standards promulgated by EPA, except subpart
  AAA--Standards of Performance for New Residential Wood Heaters--as
  amended in the Federal Register through July 1, 2008.

    (3) Albuquerque-Bernalillo County Air Quality Control Board. The 
Albuquerque-Bernalillo County Air Quality Control Board has been 
delegated all part 60 standards promulgated by EPA, except Subpart AAA--
Standards of Performance for New Residential Wood Heaters; Subpart WWW--
Standards of Performance for Municipal Solid Waste Landfills; Subpart 
Cc--Emissions Guidelines and Compliance Times for Municipal Solid Waste 
Landfills, as amended in the Federal Register through July 1, 2004.

[40 FR 18169, Apr. 25, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 60.4 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.

[[Page 73]]



Sec. 60.5  Determination of construction or modification.

    (a) When requested to do so by an owner or operator, the 
Administrator will make a determination of whether action taken or 
intended to be taken by such owner or operator constitutes construction 
(including reconstruction) or modification or the commencement thereof 
within the meaning of this part.
    (b) The Administrator will respond to any request for a 
determination under paragraph (a) of this section within 30 days of 
receipt of such request.

[40 FR 58418, Dec. 16, 1975]



Sec. 60.6  Review of plans.

    (a) When requested to do so by an owner or operator, the 
Administrator will review plans for construction or modification for the 
purpose of providing technical advice to the owner or operator.
    (b)(1) A separate request shall be submitted for each construction 
or modification project.
    (2) Each request shall identify the location of such project, and be 
accompanied by technical information describing the proposed nature, 
size, design, and method of operation of each affected facility involved 
in such project, including information on any equipment to be used for 
measurement or control of emissions.
    (c) Neither a request for plans review nor advice furnished by the 
Administrator in response to such request shall (1) relieve an owner or 
operator of legal responsibility for compliance with any provision of 
this part or of any applicable State or local requirement, or (2) 
prevent the Administrator from implementing or enforcing any provision 
of this part or taking any other action authorized by the Act.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974]



Sec. 60.7  Notification and record keeping.

    (a) Any owner or operator subject to the provisions of this part 
shall furnish the Administrator written notification or, if acceptable 
to both the Administrator and the owner or operator of a source, 
electronic notification, as follows:
    (1) A notification of the date construction (or reconstruction as 
defined under Sec. 60.15) of an affected facility is commenced 
postmarked no later than 30 days after such date. This requirement shall 
not apply in the case of mass-produced facilities which are purchased in 
completed form.
    (2) [Reserved]
    (3) A notification of the actual date of initial startup of an 
affected facility postmarked within 15 days after such date.
    (4) A notification of any physical or operational change to an 
existing facility which may increase the emission rate of any air 
pollutant to which a standard applies, unless that change is 
specifically exempted under an applicable subpart or in Sec. 60.14(e). 
This notice shall be postmarked 60 days or as soon as practicable before 
the change is commenced and shall include information describing the 
precise nature of the change, present and proposed emission control 
systems, productive capacity of the facility before and after the 
change, and the expected completion date of the change. The 
Administrator may request additional relevant information subsequent to 
this notice.
    (5) A notification of the date upon which demonstration of the 
continuous monitoring system performance commences in accordance with 
Sec. 60.13(c). Notification shall be postmarked not less than 30 days 
prior to such date.
    (6) A notification of the anticipated date for conducting the 
opacity observations required by Sec. 60.11(e)(1) of this part. The 
notification shall also include, if appropriate, a request for the 
Administrator to provide a visible emissions reader during a performance 
test. The notification shall be postmarked not less than 30 days prior 
to such date.
    (7) A notification that continuous opacity monitoring system data 
results will be used to determine compliance with the applicable opacity 
standard during a performance test required by Sec. 60.8 in lieu of 
Method 9 observation data as allowed by Sec. 60.11(e)(5) of this part. 
This notification shall be postmarked not less than 30 days prior to the 
date of the performance test.

[[Page 74]]

    (b) Any owner or operator subject to the provisions of this part 
shall maintain records of the occurrence and duration of any startup, 
shutdown, or malfunction in the operation of an affected facility; any 
malfunction of the air pollution control equipment; or any periods 
during which a continuous monitoring system or monitoring device is 
inoperative.
    (c) Each owner or operator required to install a continuous 
monitoring device shall submit excess emissions and monitoring systems 
performance report (excess emissions are defined in applicable subparts) 
and-or summary report form (see paragraph (d) of this section) to the 
Administrator semiannually, except when: more frequent reporting is 
specifically required by an applicable subpart; or the Administrator, on 
a case-by-case basis, determines that more frequent reporting is 
necessary to accurately assess the compliance status of the source. All 
reports shall be postmarked by the 30th day following the end of each 
six-month period. Written reports of excess emissions shall include the 
following information:
    (1) The magnitude of excess emissions computed in accordance with 
Sec. 60.13(h), any conversion factor(s) used, and the date and time of 
commencement and completion of each time period of excess emissions. The 
process operating time during the reporting period.
    (2) Specific identification of each period of excess emissions that 
occurs during startups, shutdowns, and malfunctions of the affected 
facility. The nature and cause of any malfunction (if known), the 
corrective action taken or preventative measures adopted.
    (3) The date and time identifying each period during which the 
continuous monitoring system was inoperative except for zero and span 
checks and the nature of the system repairs or adjustments.
    (4) When no excess emissions have occurred or the continuous 
monitoring system(s) have not been inoperative, repaired, or adjusted, 
such information shall be stated in the report.
    (d) The summary report form shall contain the information and be in 
the format shown in figure 1 unless otherwise specified by the 
Administrator. One summary report form shall be submitted for each 
pollutant monitored at each affected facility.
    (1) If the total duration of excess emissions for the reporting 
period is less than 1 percent of the total operating time for the 
reporting period and CMS downtime for the reporting period is less than 
5 percent of the total operating time for the reporting period, only the 
summary report form shall be submitted and the excess emission report 
described in Sec. 60.7(c) need not be submitted unless requested by the 
Administrator.
    (2) If the total duration of excess emissions for the reporting 
period is 1 percent or greater of the total operating time for the 
reporting period or the total CMS downtime for the reporting period is 5 
percent or greater of the total operating time for the reporting period, 
the summary report form and the excess emission report described in 
Sec. 60.7(c) shall both be submitted.

   Figure 1--Summary Report--Gaseous and Opacity Excess Emission and 
                      Monitoring System Performance

Pollutant (Circle One--SO2/NOX/TRS/H2S/
CO/Opacity)
Reporting period dates: From ---------- to ----------
Company:
Emission Limitation_____________________________________________________
Address:
Monitor Manufacturer and Model No.______________________________________
Date of Latest CMS Certification or Audit_______________________________
Process Unit(s) Description:
Total source operating time in reporting period \1\_____________________

------------------------------------------------------------------------
                                            CMS performance
  Emission data summary \1\                   summary \1\
------------------------------------------------------------------------
1. Duration of excess          ........  1. CMS downtime in
 emissions in reporting                   reporting period due
 period due to:                           to:
  a. Startup/shutdown........  ........   a. Monitor equipment
                                          malfunctions.
  b. Control equipment         ........   b. Non-Monitor
   problems.                              equipment
                                          malfunctions.
  c. Process problems........  ........   c. Quality assurance
                                          calibration.
  d. Other known causes......  ........   d. Other known
                                          causes.
  e. Unknown causes..........  ........   e. Unknown causes...
2. Total duration of excess    ........  2. Total CMS Downtime
 emission.

[[Page 75]]

 
3. Total duration of excess       % \2\  3. [Total CMS             % \2\
 emissions x (100) [Total                 Downtime] x (100)
 source operating time].                  [Total source
                                          operating time].
------------------------------------------------------------------------
\1\ For opacity, record all times in minutes. For gases, record all
  times in hours.
\2\ For the reporting period: If the total duration of excess emissions
  is 1 percent or greater of the total operating time or the total CMS
  downtime is 5 percent or greater of the total operating time, both the
  summary report form and the excess emission report described in Sec.
  60.7(c) shall be submitted.

    On a separate page, describe any changes since last quarter in CMS, 
process or controls. I certify that the information contained in this 
report is true, accurate, and complete.

________________________________________________________________________
Name

________________________________________________________________________
Signature

________________________________________________________________________
Title

________________________________________________________________________
Date

    (e)(1) Notwithstanding the frequency of reporting requirements 
specified in paragraph (c) of this section, an owner or operator who is 
required by an applicable subpart to submit excess emissions and 
monitoring systems performance reports (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:
    (i) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected facility's excess emissions and monitoring systems 
reports submitted to comply with a standard under this part continually 
demonstrate that the facility is in compliance with the applicable 
standard;
    (ii) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
the applicable standard; and
    (iii) The Administrator does not object to a reduced frequency of 
reporting for the affected facility, as provided in paragraph (e)(2) of 
this section.
    (2) The frequency of reporting of excess emissions and monitoring 
systems performance (and summary) reports may be reduced only after the 
owner or operator notifies the Administrator in writing of his or her 
intention to make such a change and the Administrator does not object to 
the intended change. In deciding whether to approve a reduced frequency 
of reporting, the Administrator may review information concerning the 
source's entire previous performance history during the required 
recordkeeping period prior to the intended change, including performance 
test results, monitoring data, and evaluations of an owner or operator's 
conformance with operation and maintenance requirements. Such 
information may be used by the Administrator to make a judgment about 
the source's potential for noncompliance in the future. If the 
Administrator disapproves the owner or operator's request to reduce the 
frequency of reporting, the Administrator will notify the owner or 
operator in writing within 45 days after receiving notice of the owner 
or operator's intention. The notification from the Administrator to the 
owner or operator will specify the grounds on which the disapproval is 
based. In the absence of a notice of disapproval within 45 days, 
approval is automatically granted.
    (3) As soon as monitoring data indicate that the affected facility 
is not in compliance with any emission limitation or operating parameter 
specified in the applicable standard, the frequency of reporting shall 
revert to the frequency specified in the applicable standard, and the 
owner or operator shall submit an excess emissions and monitoring 
systems performance report (and summary report, if required) at the next 
appropriate reporting period following the noncomplying event. After 
demonstrating compliance with the applicable standard for another full 
year, the owner or operator may again request approval from the 
Administrator to reduce the frequency of reporting for that standard as 
provided for in paragraphs (e)(1) and (e)(2) of this section.
    (f) Any owner or operator subject to the provisions of this part 
shall maintain a file of all measurements, including continuous 
monitoring system, monitoring device, and performance

[[Page 76]]

testing measurements; all continuous monitoring system performance 
evaluations; all continuous monitoring system or monitoring device 
calibration checks; adjustments and maintenance performed on these 
systems or devices; and all other information required by this part 
recorded in a permanent form suitable for inspection. The file shall be 
retained for at least two years following the date of such measurements, 
maintenance, reports, and records, except as follows:
    (1) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly measurements 
as required under paragraph (f) of this section, the owner or operator 
shall retain the most recent consecutive three averaging periods of 
subhourly measurements and a file that contains a hard copy of the data 
acquisition system algorithm used to reduce the measured data into the 
reportable form of the standard.
    (2) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (f) of this section, the owner or operator shall retain all 
subhourly measurements for the most recent reporting period. The 
subhourly measurements shall be retained for 120 days from the date of 
the most recent summary or excess emission report submitted to the 
Administrator.
    (3) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (f) of this section, if the 
Administrator or the delegated authority determines these records are 
required to more accurately assess the compliance status of the affected 
source.
    (g) If notification substantially similar to that in paragraph (a) 
of this section is required by any other State or local agency, sending 
the Administrator a copy of that notification will satisfy the 
requirements of paragraph (a) of this section.
    (h) Individual subparts of this part may include specific provisions 
which clarify or make inapplicable the provisions set forth in this 
section.

[36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 40 
FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR 
51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15, 
1994; 64 FR 7463, Feb. 12, 1999]



Sec. 60.8  Performance tests.

    (a) Except as specified in paragraphs (a)(1),(a)(2), (a)(3), and 
(a)(4) of this section, within 60 days after achieving the maximum 
production rate at which the affected facility will be operated, but not 
later than 180 days after initial startup of such facility, or at such 
other times specified by this part, and at such other times as may be 
required by the Administrator under section 114 of the Act, the owner or 
operator of such facility shall conduct performance test(s) and furnish 
the Administrator a written report of the results of such performance 
test(s).
    (1) If a force majeure is about to occur, occurs, or has occurred 
for which the affected owner or operator intends to assert a claim of 
force majeure, the owner or operator shall notify the Administrator, in 
writing as soon as practicable following the date the owner or operator 
first knew, or through due diligence should have known that the event 
may cause or caused a delay in testing beyond the regulatory deadline, 
but the notification must occur before the performance test deadline 
unless the initial force majeure or a subsequent force majeure event 
delays the notice, and in such cases, the notification shall occur as 
soon as practicable.

[[Page 77]]

    (2) The owner or operator shall provide to the Administrator a 
written description of the force majeure event and a rationale for 
attributing the delay in testing beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which the owner or operator proposes 
to conduct the performance test. The performance test shall be conducted 
as soon as practicable after the force majeure occurs.
    (3) The decision as to whether or not to grant an extension to the 
performance test deadline is solely within the discretion of the 
Administrator. The Administrator will notify the owner or operator in 
writing of approval or disapproval of the request for an extension as 
soon as practicable.
    (4) Until an extension of the performance test deadline has been 
approved by the Administrator under paragraphs (a)(1), (2), and (3) of 
this section, the owner or operator of the affected facility remains 
strictly subject to the requirements of this part.
    (b) Performance tests shall be conducted and data reduced in 
accordance with the test methods and procedures contained in each 
applicable subpart unless the Administrator (1) specifies or approves, 
in specific cases, the use of a reference method with minor changes in 
methodology, (2) approves the use of an equivalent method, (3) approves 
the use of an alternative method the results of which he has determined 
to be adequate for indicating whether a specific source is in 
compliance, (4) waives the requirement for performance tests because the 
owner or operator of a source has demonstrated by other means to the 
Administrator's satisfaction that the affected facility is in compliance 
with the standard, or (5) approves shorter sampling times and smaller 
sample volumes when necessitated by process variables or other factors. 
Nothing in this paragraph shall be construed to abrogate the 
Administrator's authority to require testing under section 114 of the 
Act.
    (c) Performance tests shall be conducted under such conditions as 
the Administrator shall specify to the plant operator based on 
representative performance of the affected facility. The owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test nor shall emissions in excess of the level of the 
applicable emission limit during periods of startup, shutdown, and 
malfunction be considered a violation of the applicable emission limit 
unless otherwise specified in the applicable standard.
    (d) The owner or operator of an affected facility shall provide the 
Administrator at least 30 days prior notice of any performance test, 
except as specified under other subparts, to afford the Administrator 
the opportunity to have an observer present. If after 30 days notice for 
an initially scheduled performance test, there is a delay (due to 
operational problems, etc.) in conducting the scheduled performance 
test, the owner or operator of an affected facility shall notify the 
Administrator (or delegated State or local agency) as soon as possible 
of any delay in the original test date, either by providing at least 7 
days prior notice of the rescheduled date of the performance test, or by 
arranging a rescheduled date with the Administrator (or delegated State 
or local agency) by mutual agreement.
    (e) The owner or operator of an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
facility. This includes (i) constructing the air pollution control 
system such that volumetric flow rates and pollutant emission rates can 
be accurately determined by applicable test methods and procedures and 
(ii) providing a stack or duct free of cyclonic flow during performance 
tests, as demonstrated by applicable test methods and procedures.
    (2) Safe sampling platform(s).
    (3) Safe access to sampling platform(s).
    (4) Utilities for sampling and testing equipment.
    (f) Unless otherwise specified in the applicable subpart, each 
performance

[[Page 78]]

test shall consist of three separate runs using the applicable test 
method. Each run shall be conducted for the time and under the 
conditions specified in the applicable standard. For the purpose of 
determining compliance with an applicable standard, the arithmetic means 
of results of the three runs shall apply. In the event that a sample is 
accidentally lost or conditions occur in which one of the three runs 
must be discontinued because of forced shutdown, failure of an 
irreplaceable portion of the sample train, extreme meteorological 
conditions, or other circumstances, beyond the owner or operator's 
control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (g) The performance testing shall include a test method performance 
audit (PA) during the performance test. The PAs consist of blind audit 
samples supplied by an accredited audit sample provider and analyzed 
during the performance test in order to provide a measure of test data 
bias. Gaseous audit samples are designed to audit the performance of the 
sampling system as well as the analytical system and must be collected 
by the sampling system during the compliance test just as the compliance 
samples are collected. If a liquid or solid audit sample is designed to 
audit the sampling system, it must also be collected by the sampling 
system during the compliance test. If multiple sampling systems or 
sampling trains are used during the compliance test for any of the test 
methods, the tester is only required to use one of the sampling systems 
per method to collect the audit sample. The audit sample must be 
analyzed by the same analyst using the same analytical reagents and 
analytical system and at the same time as the compliance samples. 
Retests are required when there is a failure to produce acceptable 
results for an audit sample. However, if the audit results do not affect 
the compliance or noncompliance status of the affected facility, the 
compliance authority may waive the reanalysis requirement, further 
audits, or retests and accept the results of the compliance test. 
Acceptance of the test results shall constitute a waiver of the 
reanalysis requirement, further audits, or retests. The compliance 
authority may also use the audit sample failure and the compliance test 
results as evidence to determine the compliance or noncompliance status 
of the affected facility. A blind audit sample is a sample whose value 
is known only to the sample provider and is not revealed to the tested 
facility until after they report the measured value of the audit sample. 
For pollutants that exist in the gas phase at ambient temperature, the 
audit sample shall consist of an appropriate concentration of the 
pollutant in air or nitrogen that can be introduced into the sampling 
system of the test method at or near the same entry point as a sample 
from the emission source. If no gas phase audit samples are available, 
an acceptable alternative is a sample of the pollutant in the same 
matrix that would be produced when the sample is recovered from the 
sampling system as required by the test method. For samples that exist 
only in a liquid or solid form at ambient temperature, the audit sample 
shall consist of an appropriate concentration of the pollutant in the 
same matrix that would be produced when the sample is recovered from the 
sampling system as required by the test method. An accredited audit 
sample provider (AASP) is an organization that has been accredited to 
prepare audit samples by an independent, third party accrediting body.
    (1) The source owner, operator, or representative of the tested 
facility shall obtain an audit sample, if commercially available, from 
an AASP for each test method used for regulatory compliance purposes. No 
audit samples are required for the following test methods: Methods 3C of 
Appendix A-3 of Part 60, Methods 6C, 7E, 9, and 10 of Appendix A-4 of 
Part 60, Method 18 of Appendix A-6 of Part 60, Methods 20, 22, and 25A 
of Appendix A-7 of Part 60, and Methods 303, 318, 320, and 321 of 
Appendix A of Part 63. If multiple sources at a single facility are 
tested during a compliance test event, only one audit sample is required 
for each method used during a compliance test. The compliance authority 
responsible for the compliance test may waive the requirement to include 
an audit sample if

[[Page 79]]

they believe that an audit sample is not necessary. ``Commercially 
available'' means that two or more independent AASPs have blind audit 
samples available for purchase. If the source owner, operator, or 
representative cannot find an audit sample for a specific method, the 
owner, operator, or representative shall consult the EPA Web site at the 
following URL, http://www.epa.gov/ttn/emc, to confirm whether there is a 
source that can supply an audit sample for that method. If the EPA Web 
site does not list an available audit sample at least 60 days prior to 
the beginning of the compliance test, the source owner, operator, or 
representative shall not be required to include an audit sample as part 
of the quality assurance program for the compliance test. When ordering 
an audit sample, the source, operator, or representative shall give the 
sample provider an estimate for the concentration of each pollutant that 
is emitted by the source or the estimated concentration of each 
pollutant based on the permitted level and the name, address, and phone 
number of the compliance authority. The source owner, operator, or 
representative shall report the results for the audit sample along with 
a summary of the emission test results for the audited pollutant to the 
compliance authority and shall report the results of the audit sample to 
the AASP. The source owner, operator, or representative shall make both 
reports at the same time and in the same manner or shall report to the 
compliance authority first and then report to the AASP. If the method 
being audited is a method that allows the samples to be analyzed in the 
field and the tester plans to analyze the samples in the field, the 
tester may analyze the audit samples prior to collecting the emission 
samples provided a representative of the compliance authority is present 
at the testing site. The tester may request and the compliance authority 
may grant a waiver to the requirement that a representative of the 
compliance authority must be present at the testing site during the 
field analysis of an audit sample. The source owner, operator, or 
representative may report the results of the audit sample to the 
compliance authority and report the results of the audit sample to the 
AASP prior to collecting any emission samples. The test protocol and 
final test report shall document whether an audit sample was ordered and 
utilized and the pass/fail results as applicable.
    (2) An AASP shall have and shall prepare, analyze, and report the 
true value of audit samples in accordance with a written technical 
criteria document that describes how audit samples will be prepared and 
distributed in a manner that will ensure the integrity of the audit 
sample program. An acceptable technical criteria document shall contain 
standard operating procedures for all of the following operations:
    (i) Preparing the sample;
    (ii) Confirming the true concentration of the sample;
    (iii) Defining the acceptance limits for the results from a well 
qualified tester. This procedure must use well established statistical 
methods to analyze historical results from well qualified testers. The 
acceptance limits shall be set so that there is 95 percent confidence 
that 90 percent of well qualified labs will produce future results that 
are within the acceptance limit range.
    (iv) Providing the opportunity for the compliance authority to 
comment on the selected concentration level for an audit sample;
    (v) Distributing the sample to the user in a manner that guarantees 
that the true value of the sample is unknown to the user;
    (vi) Recording the measured concentration reported by the user and 
determining if the measured value is within acceptable limits;
    (vii) The AASP shall report the results from each audit sample in a 
timely manner to the compliance authority and then to the source owner, 
operator, or representative. The AASP shall make both reports at the 
same time and in the same manner or shall report to the compliance 
authority first and then report to the source owner, operator, or 
representative. The results shall include the name of the facility 
tested, the date on which the compliance test was conducted, the name of 
the company performing the sample collection, the name of the company 
that analyzed the compliance samples

[[Page 80]]

including the audit sample, the measured result for the audit sample, 
and whether the testing company passed or failed the audit. The AASP 
shall report the true value of the audit sample to the compliance 
authority. The AASP may report the true value to the source owner, 
operator, or representative if the AASP's operating plan ensures that no 
laboratory will receive the same audit sample twice.
    (viii) Evaluating the acceptance limits of samples at least once 
every two years to determine in cooperation with the voluntary consensus 
standard body if they should be changed;
    (ix) Maintaining a database, accessible to the compliance 
authorities, of results from the audit that shall include the name of 
the facility tested, the date on which the compliance test was 
conducted, the name of the company performing the sample collection, the 
name of the company that analyzed the compliance samples including the 
audit sample, the measured result for the audit sample, the true value 
of the audit sample, the acceptance range for the measured value, and 
whether the testing company passed or failed the audit.
    (3) The accrediting body shall have a written technical criteria 
document that describes how it will ensure that the AASP is operating in 
accordance with the AASP technical criteria document that describes how 
audit samples are to be prepared and distributed. This document shall 
contain standard operating procedures for all of the following 
operations:
    (i) Checking audit samples to confirm their true value as reported 
by the AASP;
    (ii) Performing technical systems audits of the AASP's facilities 
and operating procedures at least once every two years;
    (iii) Providing standards for use by the voluntary consensus 
standard body to approve the accrediting body that will accredit the 
audit sample providers.
    (4) The technical criteria documents for the accredited sample 
providers and the accrediting body shall be developed through a public 
process guided by a voluntary consensus standards body (VCSB). The VCSB 
shall operate in accordance with the procedures and requirements in the 
Office of Management and Budget Circular A-119. A copy of Circular A-119 
is available upon request by writing the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington, DC 20503, by calling (202) 395-6880 or downloading 
online at http://standards.gov/standards--gov/a119.cfm. The VCSB shall 
approve all accrediting bodies. The Administrator will review all 
technical criteria documents. If the technical criteria documents do not 
meet the minimum technical requirements in paragraphs (g)(2) through 
(4)of this section, the technical criteria documents are not acceptable 
and the proposed audit sample program is not capable of producing audit 
samples of sufficient quality to be used in a compliance test. All 
acceptable technical criteria documents shall be posted on the EPA Web 
site at the following URL, http://www.epa.gov/ttn/emc.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974; 42 
FR 57126, Nov. 1, 1977; 44 FR 33612, June 11, 1979; 54 FR 6662, Feb. 14, 
1989; 54 FR 21344, May 17, 1989; 64 FR 7463, Feb. 12, 1999; 72 FR 27442, 
May 16, 2007; 75 FR 55646, Sept. 13, 2010]



Sec. 60.9  Availability of information.

    The availability to the public of information provided to, or 
otherwise obtained by, the Administrator under this part shall be 
governed by part 2 of this chapter. (Information submitted voluntarily 
to the Administrator for the purposes of Sec. Sec. 60.5 and 60.6 is 
governed by Sec. Sec. 2.201 through 2.213 of this chapter and not by 
Sec. 2.301 of this chapter.)



Sec. 60.10  State authority.

    The provisions of this part shall not be construed in any manner to 
preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emission standard or limitation 
applicable to an affected facility, provided that such emission standard 
or limitation is not less stringent than the standard applicable to such 
facility.

[[Page 81]]

    (b) Requiring the owner or operator of an affected facility to 
obtain permits, licenses, or approvals prior to initiating construction, 
modification, or operation of such facility.



Sec. 60.11  Compliance with standards and maintenance requirements.

    (a) Compliance with standards in this part, other than opacity 
standards, shall be determined in accordance with performance tests 
established by Sec. 60.8, unless otherwise specified in the applicable 
standard.
    (b) Compliance with opacity standards in this part shall be 
determined by conducting observations in accordance with Method 9 in 
appendix A of this part, any alternative method that is approved by the 
Administrator, or as provided in paragraph (e)(5) of this section. For 
purposes of determining initial compliance, the minimum total time of 
observations shall be 3 hours (30 6-minute averages) for the performance 
test or other set of observations (meaning those fugitive-type emission 
sources subject only to an opacity standard).
    (c) The opacity standards set forth in this part shall apply at all 
times except during periods of startup, shutdown, malfunction, and as 
otherwise provided in the applicable standard.
    (d) At all times, including periods of startup, shutdown, and 
malfunction, owners and operators shall, to the extent practicable, 
maintain and operate any affected facility including associated air 
pollution control equipment in a manner consistent with good air 
pollution control practice for minimizing emissions. Determination of 
whether acceptable operating and maintenance procedures are being used 
will be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, opacity 
observations, review of operating and maintenance procedures, and 
inspection of the source.
    (e)(1) For the purpose of demonstrating initial compliance, opacity 
observations shall be conducted concurrently with the initial 
performance test required in Sec. 60.8 unless one of the following 
conditions apply. If no performance test under Sec. 60.8 is required, 
then opacity observations shall be conducted within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated but no later than 180 days after initial startup of the 
facility. If visibility or other conditions prevent the opacity 
observations from being conducted concurrently with the initial 
performance test required under Sec. 60.8, the source owner or operator 
shall reschedule the opacity observations as soon after the initial 
performance test as possible, but not later than 30 days thereafter, and 
shall advise the Administrator of the rescheduled date. In these cases, 
the 30-day prior notification to the Administrator required in Sec. 
60.7(a)(6) shall be waived. The rescheduled opacity observations shall 
be conducted (to the extent possible) under the same operating 
conditions that existed during the initial performance test conducted 
under Sec. 60.8. The visible emissions observer shall determine whether 
visibility or other conditions prevent the opacity observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Method 9 of appendix B of this part. 
Opacity readings of portions of plumes which contain condensed, 
uncombined water vapor shall not be used for purposes of determing 
compliance with opacity standards. The owner or operator of an affected 
facility shall make available, upon request by the Administrator, such 
records as may be necessary to determine the conditions under which the 
visual observations were made and shall provide evidence indicating 
proof of current visible observer emission certification. Except as 
provided in paragraph (e)(5) of this section, the results of continuous 
monitoring by transmissometer which indicate that the opacity at the 
time visual observations were made was not in excess of the standard are 
probative but not conclusive evidence of the actual opacity of an 
emission, provided that the source shall meet the burden of proving that 
the instrument used meets (at the time of the alleged violation) 
Performance Specification 1 in appendix B of this part, has been 
properly maintained and (at the time of the alleged violation) that the 
resulting data have not been altered in any way.

[[Page 82]]

    (2) Except as provided in paragraph (e)(3) of this section, the 
owner or operator of an affected facility to which an opacity standard 
in this part applies shall conduct opacity observations in accordance 
with paragraph (b) of this section, shall record the opacity of 
emissions, and shall report to the Administrator the opacity results 
along with the results of the initial performance test required under 
Sec. 60.8. The inability of an owner or operator to secure a visible 
emissions observer shall not be considered a reason for not conducting 
the opacity observations concurrent with the initial performance test.
    (3) The owner or operator of an affected facility to which an 
opacity standard in this part applies may request the Administrator to 
determine and to record the opacity of emissions from the affected 
facility during the initial performance test and at such times as may be 
required. The owner or operator of the affected facility shall report 
the opacity results. Any request to the Administrator to determine and 
to record the opacity of emissions from an affected facility shall be 
included in the notification required in Sec. 60.7(a)(6). If, for some 
reason, the Administrator cannot determine and record the opacity of 
emissions from the affected facility during the performance test, then 
the provisions of paragraph (e)(1) of this section shall apply.
    (4) An owner or operator of an affected facility using a continuous 
opacity monitor (transmissometer) shall record the monitoring data 
produced during the initial performance test required by Sec. 60.8 and 
shall furnish the Administrator a written report of the monitoring 
results along with Method 9 and Sec. 60.8 performance test results.
    (5) An owner or operator of an affected facility subject to an 
opacity standard may submit, for compliance purposes, continuous opacity 
monitoring system (COMS) data results produced during any performance 
test required under Sec. 60.8 in lieu of Method 9 observation data. If 
an owner or operator elects to submit COMS data for compliance with the 
opacity standard, he shall notify the Administrator of that decision, in 
writing, at least 30 days before any performance test required under 
Sec. 60.8 is conducted. Once the owner or operator of an affected 
facility has notified the Administrator to that effect, the COMS data 
results will be used to determine opacity compliance during subsequent 
tests required under Sec. 60.8 until the owner or operator notifies the 
Administrator, in writing, to the contrary. For the purpose of 
determining compliance with the opacity standard during a performance 
test required under Sec. 60.8 using COMS data, the minimum total time 
of COMS data collection shall be averages of all 6-minute continuous 
periods within the duration of the mass emission performance test. 
Results of the COMS opacity determinations shall be submitted along with 
the results of the performance test required under Sec. 60.8. The owner 
or operator of an affected facility using a COMS for compliance purposes 
is responsible for demonstrating that the COMS meets the requirements 
specified in Sec. 60.13(c) of this part, that the COMS has been 
properly maintained and operated, and that the resulting data have not 
been altered in any way. If COMS data results are submitted for 
compliance with the opacity standard for a period of time during which 
Method 9 data indicates noncompliance, the Method 9 data will be used to 
determine compliance with the opacity standard.
    (6) Upon receipt from an owner or operator of the written reports of 
the results of the performance tests required by Sec. 60.8, the opacity 
observation results and observer certification required by Sec. 
60.11(e)(1), and the COMS results, if applicable, the Administrator will 
make a finding concerning compliance with opacity and other applicable 
standards. If COMS data results are used to comply with an opacity 
standard, only those results are required to be submitted along with the 
performance test results required by Sec. 60.8. If the Administrator 
finds that an affected facility is in compliance with all applicable 
standards for which performance tests are conducted in accordance with 
Sec. 60.8 of this part but during the time such performance tests are 
being conducted fails to meet any applicable opacity standard, he shall 
notify the owner or operator and advise

[[Page 83]]

him that he may petition the Administrator within 10 days of receipt of 
notification to make appropriate adjustment to the opacity standard for 
the affected facility.
    (7) The Administrator will grant such a petition upon a 
demonstration by the owner or operator that the affected facility and 
associated air pollution control equipment was operated and maintained 
in a manner to minimize the opacity of emissions during the performance 
tests; that the performance tests were performed under the conditions 
established by the Administrator; and that the affected facility and 
associated air pollution control equipment were incapable of being 
adjusted or operated to meet the applicable opacity standard.
    (8) The Administrator will establish an opacity standard for the 
affected facility meeting the above requirements at a level at which the 
source will be able, as indicated by the performance and opacity tests, 
to meet the opacity standard at all times during which the source is 
meeting the mass or concentration emission standard. The Administrator 
will promulgate the new opacity standard in the Federal Register.
    (f) Special provisions set forth under an applicable subpart shall 
supersede any conflicting provisions in paragraphs (a) through (e) of 
this section.
    (g) For the purpose of submitting compliance certifications or 
establishing whether or not a person has violated or is in violation of 
any standard in this part, nothing in this part shall preclude the use, 
including the exclusive use, of any credible evidence or information, 
relevant to whether a source would have been in compliance with 
applicable requirements if the appropriate performance or compliance 
test or procedure had been performed.

[38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 
43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR 
9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, Oct. 17, 
2000]



Sec. 60.12  Circumvention.

    No owner or operator subject to the provisions of this part shall 
build, erect, install, or use any article, machine, equipment or 
process, the use of which conceals an emission which would otherwise 
constitute a violation of an applicable standard. Such concealment 
includes, but is not limited to, the use of gaseous diluents to achieve 
compliance with an opacity standard or with a standard which is based on 
the concentration of a pollutant in the gases discharged to the 
atmosphere.

[39 FR 9314, Mar. 8, 1974]



Sec. 60.13  Monitoring requirements.

    (a) For the purposes of this section, all continuous monitoring 
systems required under applicable subparts shall be subject to the 
provisions of this section upon promulgation of performance 
specifications for continuous monitoring systems under appendix B to 
this part and, if the continuous monitoring system is used to 
demonstrate compliance with emission limits on a continuous basis, 
appendix F to this part, unless otherwise specified in an applicable 
subpart or by the Administrator. Appendix F is applicable December 4, 
1987.
    (b) All continuous monitoring systems and monitoring devices shall 
be installed and operational prior to conducting performance tests under 
Sec. 60.8. Verification of operational status shall, as a minimum, 
include completion of the manufacturer's written requirements or 
recommendations for installation, operation, and calibration of the 
device.
    (c) If the owner or operator of an affected facility elects to 
submit continous opacity monitoring system (COMS) data for compliance 
with the opacity standard as provided under Sec. 60.11(e)(5), he shall 
conduct a performance evaluation of the COMS as specified in Performance 
Specification 1, appendix B, of this part before the performance test 
required under Sec. 60.8 is conducted. Otherwise, the owner or operator 
of an affected facility shall conduct a performance evaluation of the 
COMS or continuous emission monitoring system (CEMS) during any 
performance test required under Sec. 60.8 or within 30 days thereafter 
in accordance with the applicable performance specification in appendix 
B of this part, The

[[Page 84]]

owner or operator of an affected facility shall conduct COMS or CEMS 
performance evaluations at such other times as may be required by the 
Administrator under section 114 of the Act.
    (1) The owner or operator of an affected facility using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 60.8 and as described in Sec. 60.11(e)(5) shall furnish the 
Administrator two or, upon request, more copies of a written report of 
the results of the COMS performance evaluation described in paragraph 
(c) of this section at least 10 days before the performance test 
required under Sec. 60.8 is conducted.
    (2) Except as provided in paragraph (c)(1) of this section, the 
owner or operator of an affected facility shall furnish the 
Administrator within 60 days of completion two or, upon request, more 
copies of a written report of the results of the performance evaluation.
    (d)(1) Owners and operators of a CEMS installed in accordance with 
the provisions of this part, must check the zero (or low level value 
between 0 and 20 percent of span value) and span (50 to 100 percent of 
span value) calibration drifts at least once daily in accordance with a 
written procedure. The zero and span must, as a minimum, be adjusted 
whenever either the 24-hour zero drift or the 24-hour span drift exceeds 
two times the limit of the applicable performance specification in 
appendix B of this part. The system must allow the amount of the excess 
zero and span drift to be recorded and quantified whenever specified. 
Owners and operators of a COMS installed in accordance with the 
provisions of this part, must automatically, intrinsic to the opacity 
monitor, check the zero and upscale (span) calibration drifts at least 
once daily. For a particular COMS, the acceptable range of zero and 
upscale calibration materials is as defined in the applicable version of 
PS-1 in appendix B of this part. For a COMS, the optical surfaces, 
exposed to the effluent gases, must be cleaned before performing the 
zero and upscale drift adjustments, except for systems using automatic 
zero adjustments. The optical surfaces must be cleaned when the 
cumulative automatic zero compensation exceeds 4 percent opacity.
    (2) Unless otherwise approved by the Administrator, the following 
procedures must be followed for a COMS. Minimum procedures must include 
an automated method for producing a simulated zero opacity condition and 
an upscale opacity condition using a certified neutral density filter or 
other related technique to produce a known obstruction of the light 
beam. Such procedures must provide a system check of all active analyzer 
internal optics with power or curvature, all active electronic circuitry 
including the light source and photodetector assembly, and electronic or 
electro-mechanical systems and hardware and or software used during 
normal measurement operation.
    (e) Except for system breakdowns, repairs, calibration checks, and 
zero and span adjustments required under paragraph (d) of this section, 
all continuous monitoring systems shall be in continuous operation and 
shall meet minimum frequency of operation requirements as follows:
    (1) All continuous monitoring systems referenced by paragraph (c) of 
this section for measuring opacity of emissions shall complete a minimum 
of one cycle of sampling and analyzing for each successive 10-second 
period and one cycle of data recording for each successive 6-minute 
period.
    (2) All continuous monitoring systems referenced by paragraph (c) of 
this section for measuring emissions, except opacity, shall complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (f) All continuous monitoring systems or monitoring devices shall be 
installed such that representative measurements of emissions or process 
parameters from the affected facility are obtained. Additional 
procedures for location of continuous monitoring systems contained in 
the applicable Performance Specifications of appendix B of this part 
shall be used.
    (g) When the effluents from a single affected facility or two or 
more affected facilities subject to the same emission standards are 
combined before being released to the atmosphere,

[[Page 85]]

the owner or operator may install applicable continuous monitoring 
systems on each effluent or on the combined effluent. When the affected 
facilities are not subject to the same emission standards, separate 
continuous monitoring systems shall be installed on each effluent. When 
the effluent from one affected facility is released to the atmosphere 
through more than one point, the owner or operator shall install an 
applicable continuous monitoring system on each separate effluent unless 
the installation of fewer systems is approved by the Administrator. When 
more than one continuous monitoring system is used to measure the 
emissions from one affected facility (e.g., multiple breechings, 
multiple outlets), the owner or operator shall report the results as 
required from each continuous monitoring system.
    (h)(1) Owners or operators of all continuous monitoring systems for 
measurement of opacity shall reduce all data to 6-minute averages and 
for continuous monitoring systems other than opacity to 1-hour averages 
for time periods as defined in Sec. 60.2. Six-minute opacity averages 
shall be calculated from 36 or more data points equally spaced over each 
6-minute period.
    (2) For continuous monitoring systems other than opacity, 1-hour 
averages shall be computed as follows, except that the provisions 
pertaining to the validation of partial operating hours are only 
applicable for affected facilities that are required by the applicable 
subpart to include partial hours in the emission calculations:
    (i) Except as provided under paragraph (h)(2)(iii) of this section, 
for a full operating hour (any clock hour with 60 minutes of unit 
operation), at least four valid data points are required to calculate 
the hourly average, i.e., one data point in each of the 15-minute 
quadrants of the hour.
    (ii) Except as provided under paragraph (h)(2)(iii) of this section, 
for a partial operating hour (any clock hour with less than 60 minutes 
of unit operation), at least one valid data point in each 15-minute 
quadrant of the hour in which the unit operates is required to calculate 
the hourly average.
    (iii) For any operating hour in which required maintenance or 
quality-assurance activities are performed:
    (A) If the unit operates in two or more quadrants of the hour, a 
minimum of two valid data points, separated by at least 15 minutes, is 
required to calculate the hourly average; or
    (B) If the unit operates in only one quadrant of the hour, at least 
one valid data point is required to calculate the hourly average.
    (iv) If a daily calibration error check is failed during any 
operating hour, all data for that hour shall be invalidated, unless a 
subsequent calibration error test is passed in the same hour and the 
requirements of paragraph (h)(2)(iii) of this section are met, based 
solely on valid data recorded after the successful calibration.
    (v) For each full or partial operating hour, all valid data points 
shall be used to calculate the hourly average.
    (vi) Except as provided under paragraph (h)(2)(vii) of this section, 
data recorded during periods of continuous monitoring system breakdown, 
repair, calibration checks, and zero and span adjustments shall not be 
included in the data averages computed under this paragraph.
    (vii) Owners and operators complying with the requirements of Sec. 
60.7(f)(1) or (2) must include any data recorded during periods of 
monitor breakdown or malfunction in the data averages.
    (viii) When specified in an applicable subpart, hourly averages for 
certain partial operating hours shall not be computed or included in the 
emission averages (e.g. hours with < 30 minutes of unit operation under 
Sec. 60.47b(d)).
    (ix) Either arithmetic or integrated averaging of all data may be 
used to calculate the hourly averages. The data may be recorded in 
reduced or nonreduced form (e.g., ppm pollutant and percent 
O2 or ng/J of pollutant).
    (3) All excess emissions shall be converted into units of the 
standard using the applicable conversion procedures specified in the 
applicable subpart. After conversion into units of the standard, the 
data may be rounded to the same number of significant digits used in the 
applicable subpart to specify the emission limit.

[[Page 86]]

    (i) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring procedures or 
requirements of this part including, but not limited to the following:
    (1) Alternative monitoring requirements when installation of a 
continuous monitoring system or monitoring device specified by this part 
would not provide accurate measurements due to liquid water or other 
interferences caused by substances in the effluent gases.
    (2) Alternative monitoring requirements when the affected facility 
is infrequently operated.
    (3) Alternative monitoring requirements to accommodate continuous 
monitoring systems that require additional measurements to correct for 
stack moisture conditions.
    (4) Alternative locations for installing continuous monitoring 
systems or monitoring devices when the owner or operator can demonstrate 
that installation at alternate locations will enable accurate and 
representative measurements.
    (5) Alternative methods of converting pollutant concentration 
measurements to units of the standards.
    (6) Alternative procedures for performing daily checks of zero and 
span drift that do not involve use of span gases or test cells.
    (7) Alternatives to the A.S.T.M. test methods or sampling procedures 
specified by any subpart.
    (8) Alternative continuous monitoring systems that do not meet the 
design or performance requirements in Performance Specification 1, 
appendix B, but adequately demonstrate a definite and consistent 
relationship between its measurements and the measurements of opacity by 
a system complying with the requirements in Performance Specification 1. 
The Administrator may require that such demonstration be performed for 
each affected facility.
    (9) Alternative monitoring requirements when the effluent from a 
single affected facility or the combined effluent from two or more 
affected facilities is released to the atmosphere through more than one 
point.
    (j) An alternative to the relative accuracy (RA) test specified in 
Performance Specification 2 of appendix B may be requested as follows:
    (1) An alternative to the reference method tests for determining RA 
is available for sources with emission rates demonstrated to be less 
than 50 percent of the applicable standard. A source owner or operator 
may petition the Administrator to waive the RA test in Section 8.4 of 
Performance Specification 2 and substitute the procedures in Section 
16.0 if the results of a performance test conducted according to the 
requirements in Sec. 60.8 of this subpart or other tests performed 
following the criteria in Sec. 60.8 demonstrate that the emission rate 
of the pollutant of interest in the units of the applicable standard is 
less than 50 percent of the applicable standard. For sources subject to 
standards expressed as control efficiency levels, a source owner or 
operator may petition the Administrator to waive the RA test and 
substitute the procedures in Section 16.0 of Performance Specification 2 
if the control device exhaust emission rate is less than 50 percent of 
the level needed to meet the control efficiency requirement. The 
alternative procedures do not apply if the continuous emission 
monitoring system is used to determine compliance continuously with the 
applicable standard. The petition to waive the RA test shall include a 
detailed description of the procedures to be applied. Included shall be 
location and procedure for conducting the alternative, the concentration 
or response levels of the alternative RA materials, and the other 
equipment checks included in the alternative procedure. The 
Administrator will review the petition for completeness and 
applicability. The determination to grant a waiver will depend on the 
intended use of the CEMS data (e.g., data collection purposes other than 
NSPS) and may require specifications more stringent than in Performance 
Specification 2 (e.g., the applicable emission limit is more stringent 
than NSPS).
    (2) The waiver of a CEMS RA test will be reviewed and may be 
rescinded at such time, following successful completion of the 
alternative RA procedure, that the CEMS data indicate that

[[Page 87]]

the source emissions are approaching the level. The criterion for 
reviewing the waiver is the collection of CEMS data showing that 
emissions have exceeded 70 percent of the applicable standard for seven, 
consecutive, averaging periods as specified by the applicable 
regulation(s). For sources subject to standards expressed as control 
efficiency levels, the criterion for reviewing the waiver is the 
collection of CEMS data showing that exhaust emissions have exceeded 70 
percent of the level needed to meet the control efficiency requirement 
for seven, consecutive, averaging periods as specified by the applicable 
regulation(s) [e.g., Sec. 60.45(g) (2) and (3), Sec. 60.73(e), and 
Sec. 60.84(e)]. It is the responsibility of the source operator to 
maintain records and determine the level of emissions relative to the 
criterion on the waiver of RA testing. If this criterion is exceeded, 
the owner or operator must notify the Administrator within 10 days of 
such occurrence and include a description of the nature and cause of the 
increasing emissions. The Administrator will review the notification and 
may rescind the waiver and require the owner or operator to conduct a RA 
test of the CEMS as specified in Section 8.4 of Performance 
Specification 2.

[40 FR 46255, Oct. 6, 1975; 40 FR 59205, Dec. 22, 1975, as amended at 41 
FR 35185, Aug. 20, 1976; 48 FR 13326, Mar. 30, 1983; 48 FR 23610, May 
25, 1983; 48 FR 32986, July 20, 1983; 52 FR 9782, Mar. 26, 1987; 52 FR 
17555, May 11, 1987; 52 FR 21007, June 4, 1987; 64 FR 7463, Feb. 12, 
1999; 65 FR 48920, Aug. 10, 2000; 65 FR 61749, Oct. 17, 2000; 66 FR 
44980, Aug. 27, 2001; 71 FR 31102, June 1, 2006; 72 FR 32714, June 13, 
2007]

    Editorial Note: At 65 FR 61749, Oct. 17, 2000, Sec. 60.13 was 
amended by revising the words ``ng/J of pollutant'' to read ``ng of 
pollutant per J of heat input'' in the sixth sentence of paragraph (h). 
However, the amendment could not be incorporated because the words ``ng/
J of pollutant'' do not exist in the sixth sentence of paragraph (h).



Sec. 60.14  Modification.

    (a) Except as provided under paragraphs (e) and (f) of this section, 
any physical or operational change to an existing facility which results 
in an increase in the emission rate to the atmosphere of any pollutant 
to which a standard applies shall be considered a modification within 
the meaning of section 111 of the Act. Upon modification, an existing 
facility shall become an affected facility for each pollutant to which a 
standard applies and for which there is an increase in the emission rate 
to the atmosphere.
    (b) Emission rate shall be expressed as kg/hr of any pollutant 
discharged into the atmosphere for which a standard is applicable. The 
Administrator shall use the following to determine emission rate:
    (1) Emission factors as specified in the latest issue of 
``Compilation of Air Pollutant Emission Factors,'' EPA Publication No. 
AP-42, or other emission factors determined by the Administrator to be 
superior to AP-42 emission factors, in cases where utilization of 
emission factors demonstrates that the emission level resulting from the 
physical or operational change will either clearly increase or clearly 
not increase.
    (2) Material balances, continuous monitor data, or manual emission 
tests in cases where utilization of emission factors as referenced in 
paragraph (b)(1) of this section does not demonstrate to the 
Administrator's satisfaction whether the emission level resulting from 
the physical or operational change will either clearly increase or 
clearly not increase, or where an owner or operator demonstrates to the 
Administrator's satisfaction that there are reasonable grounds to 
dispute the result obtained by the Administrator utilizing emission 
factors as referenced in paragraph (b)(1) of this section. When the 
emission rate is based on results from manual emission tests or 
continuous monitoring systems, the procedures specified in appendix C of 
this part shall be used to determine whether an increase in emission 
rate has occurred. Tests shall be conducted under such conditions as the 
Administrator shall specify to the owner or operator based on 
representative performance of the facility. At least three valid test 
runs must be conducted before and at least three after the physical or 
operational change. All operating parameters which may affect emissions 
must be held constant to the maximum feasible degree for all test runs.

[[Page 88]]

    (c) The addition of an affected facility to a stationary source as 
an expansion to that source or as a replacement for an existing facility 
shall not by itself bring within the applicability of this part any 
other facility within that source.
    (d) [Reserved]
    (e) The following shall not, by themselves, be considered 
modifications under this part:
    (1) Maintenance, repair, and replacement which the Administrator 
determines to be routine for a source category, subject to the 
provisions of paragraph (c) of this section and Sec. 60.15.
    (2) An increase in production rate of an existing facility, if that 
increase can be accomplished without a capital expenditure on that 
facility.
    (3) An increase in the hours of operation.
    (4) Use of an alternative fuel or raw material if, prior to the date 
any standard under this part becomes applicable to that source type, as 
provided by Sec. 60.1, the existing facility was designed to 
accommodate that alternative use. A facility shall be considered to be 
designed to accommodate an alternative fuel or raw material if that use 
could be accomplished under the facility's construction specifications 
as amended prior to the change. Conversion to coal required for energy 
considerations, as specified in section 111(a)(8) of the Act, shall not 
be considered a modification.
    (5) The addition or use of any system or device whose primary 
function is the reduction of air pollutants, except when an emission 
control system is removed or is replaced by a system which the 
Administrator determines to be less environmentally beneficial.
    (6) The relocation or change in ownership of an existing facility.
    (f) Special provisions set forth under an applicable subpart of this 
part shall supersede any conflicting provisions of this section.
    (g) Within 180 days of the completion of any physical or operational 
change subject to the control measures specified in paragraph (a) of 
this section, compliance with all applicable standards must be achieved.
    (h) No physical change, or change in the method of operation, at an 
existing electric utility steam generating unit shall be treated as a 
modification for the purposes of this section provided that such change 
does not increase the maximum hourly emissions of any pollutant 
regulated under this section above the maximum hourly emissions 
achievable at that unit during the 5 years prior to the change.
    (i) Repowering projects that are awarded funding from the Department 
of Energy as permanent clean coal technology demonstration projects (or 
similar projects funded by EPA) are exempt from the requirements of this 
section provided that such change does not increase the maximum hourly 
emissions of any pollutant regulated under this section above the 
maximum hourly emissions achievable at that unit during the five years 
prior to the change.
    (j)(1) Repowering projects that qualify for an extension under 
section 409(b) of the Clean Air Act are exempt from the requirements of 
this section, provided that such change does not increase the actual 
hourly emissions of any pollutant regulated under this section above the 
actual hourly emissions achievable at that unit during the 5 years prior 
to the change.
    (2) This exemption shall not apply to any new unit that:
    (i) Is designated as a replacement for an existing unit;
    (ii) Qualifies under section 409(b) of the Clean Air Act for an 
extension of an emission limitation compliance date under section 405 of 
the Clean Air Act; and
    (iii) Is located at a different site than the existing unit.
    (k) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project is exempt from the 
requirements of this section. A temporary clean coal control technology 
demonstration project, for the purposes of this section is a clean coal 
technology demonstration project that is operated for a period of 5 
years or less, and which complies with the State implementation plan for 
the State in which the project is located and other requirements 
necessary to attain and maintain the national ambient air quality 
standards

[[Page 89]]

during the project and after it is terminated.
    (l) The reactivation of a very clean coal-fired electric utility 
steam generating unit is exempt from the requirements of this section.

[40 FR 58419, Dec. 16, 1975, as amended at 43 FR 34347, Aug. 3, 1978; 45 
FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992; 65 FR 61750, Oct. 
17, 2000]



Sec. 60.15  Reconstruction.

    (a) An existing facility, upon reconstruction, becomes an affected 
facility, irrespective of any change in emission rate.
    (b) ``Reconstruction'' means the replacement of components of an 
existing facility to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable entirely new facility, and
    (2) It is technologically and economically feasible to meet the 
applicable standards set forth in this part.
    (c) ``Fixed capital cost'' means the capital needed to provide all 
the depreciable components.
    (d) If an owner or operator of an existing facility proposes to 
replace components, and the fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new facility, he shall notify the 
Administrator of the proposed replacements. The notice must be 
postmarked 60 days (or as soon as practicable) before construction of 
the replacements is commenced and must include the following 
information:
    (1) Name and address of the owner or operator.
    (2) The location of the existing facility.
    (3) A brief description of the existing facility and the components 
which are to be replaced.
    (4) A description of the existing air pollution control equipment 
and the proposed air pollution control equipment.
    (5) An estimate of the fixed capital cost of the replacements and of 
constructing a comparable entirely new facility.
    (6) The estimated life of the existing facility after the 
replacements.
    (7) A discussion of any economic or technical limitations the 
facility may have in complying with the applicable standards of 
performance after the proposed replacements.
    (e) The Administrator will determine, within 30 days of the receipt 
of the notice required by paragraph (d) of this section and any 
additional information he may reasonably require, whether the proposed 
replacement constitutes reconstruction.
    (f) The Administrator's determination under paragraph (e) shall be 
based on:
    (1) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new facility;
    (2) The estimated life of the facility after the replacements 
compared to the life of a comparable entirely new facility;
    (3) The extent to which the components being replaced cause or 
contribute to the emissions from the facility; and
    (4) Any economic or technical limitations on compliance with 
applicable standards of performance which are inherent in the proposed 
replacements.
    (g) Individual subparts of this part may include specific provisions 
which refine and delimit the concept of reconstruction set forth in this 
section.

[40 FR 58420, Dec. 16, 1975]



Sec. 60.16  Priority list.

                   Prioritized Major Source Categories
------------------------------------------------------------------------
     Priority Number \1\                    Source Category
------------------------------------------------------------------------
1.                             Synthetic Organic Chemical Manufacturing
                                Industry (SOCMI) and Volatile Organic
                                Liquid Storage Vessels and Handling
                                Equipment
                               (a) SOCMI unit processes
                               (b) Volatile organic liquid (VOL) storage
                                vessels and handling equipment
                               (c) SOCMI fugitive sources
                               (d) SOCMI secondary sources
2.                             Industrial Surface Coating: Cans
3.                             Petroleum Refineries: Fugitive Sources
4.                             Industrial Surface Coating: Paper
5.                             Dry Cleaning
                               (a) Perchloroethylene
                               (b) Petroleum solvent
6.                             Graphic Arts
7.                             Polymers and Resins: Acrylic Resins

[[Page 90]]

 
8.                             Mineral Wool (Deleted)
9.                             Stationary Internal Combustion Engines
10.                            Industrial Surface Coating: Fabric
11.                            Industrial-Commercial-Institutional Steam
                                Generating Units.
12.                            Incineration: Non-Municipal (Deleted)
13.                            Non-Metallic Mineral Processing
14.                            Metallic Mineral Processing
15.                            Secondary Copper (Deleted)
16.                            Phosphate Rock Preparation
17.                            Foundries: Steel and Gray Iron
18.                            Polymers and Resins: Polyethylene
19.                            Charcoal Production
20.                            Synthetic Rubber
                               (a) Tire manufacture
                               (b) SBR production
21.                            Vegetable Oil
22.                            Industrial Surface Coating: Metal Coil
23.                            Petroleum Transportation and Marketing
24.                            By-Product Coke Ovens
25.                            Synthetic Fibers
26.                            Plywood Manufacture
27.                            Industrial Surface Coating: Automobiles
28.                            Industrial Surface Coating: Large
                                Appliances
29.                            Crude Oil and Natural Gas Production
30.                            Secondary Aluminum
31.                            Potash (Deleted)
32.                            Lightweight Aggregate Industry: Clay,
                                Shale, and Slate \2\
33.                            Glass
34.                            Gypsum
35.                            Sodium Carbonate
36.                            Secondary Zinc (Deleted)
37.                            Polymers and Resins: Phenolic
38.                            Polymers and Resins: Urea-Melamine
39.                            Ammonia (Deleted)
40.                            Polymers and Resins: Polystyrene
41.                            Polymers and Resins: ABS-SAN Resins
42.                            Fiberglass
43.                            Polymers and Resins: Polypropylene
44.                            Textile Processing
45.                            Asphalt Processing and Asphalt Roofing
                                Manufacture
46.                            Brick and Related Clay Products
47.                            Ceramic Clay Manufacturing (Deleted)
48.                            Ammonium Nitrate Fertilizer
49.                            Castable Refractories (Deleted)
50.                            Borax and Boric Acid (Deleted)
51.                            Polymers and Resins: Polyester Resins
52.                            Ammonium Sulfate
53.                            Starch
54.                            Perlite
55.                            Phosphoric Acid: Thermal Process
                                (Deleted)
56.                            Uranium Refining
57.                            Animal Feed Defluorination (Deleted)
58.                            Urea (for fertilizer and polymers)
59.                            Detergent (Deleted)
 
                         Other Source Categories
 
Lead acid battery manufacture \3\
Organic solvent cleaning \3\
Industrial surface coating: metal furniture \3\
Stationary gas turbines \4\
Municipal solid waste landfills \4\
------------------------------------------------------------------------
\1\ Low numbers have highest priority, e.g., No. 1 is high priority, No.
  59 is low priority.
\2\ Formerly titled ``Sintering: Clay and Fly Ash''.
\3\ Minor source category, but included on list since an NSPS is being
  developed for that source category.
\4\ Not prioritized, since an NSPS for this major source category has
  already been promulgated.


[47 FR 951, Jan. 8, 1982, as amended at 47 FR 31876, July 23, 1982; 51 
FR 42796, Nov. 25, 1986; 52 FR 11428, Apr. 8, 1987; 61 FR 9919, Mar. 12, 
1996]



Sec. 60.17  Incorporations by reference.

    The materials listed below are incorporated by reference in the 
corresponding sections noted. These incorporations by reference were 
approved by the Director of the Federal Register on the date listed. 
These materials are incorporated as they exist on the date of the 
approval, and a notice of any change in these materials will be 
published in the Federal Register. The materials are available for 
purchase at the corresponding address noted below, and all are available 
for inspection at the Library (C267-01), U.S. EPA, Research Triangle 
Park, NC or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (a) The following materials are available for purchase from at least 
one of the following addresses: American Society for Testing and 
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106.
    (1) ASTM A99-76, 82 (Reapproved 1987), Standard Specification for 
Ferromanganese, incorporation by reference (IBR) approved for Sec. 
60.261.
    (2) ASTM A100-69, 74, 93, Standard Specification for Ferrosilicon, 
IBR approved for Sec. 60.261.
    (3) ASTM A101-73, 93, Standard Specification for Ferrochromium, IBR 
approved for Sec. 60.261.
    (4) ASTM A482-76, 93, Standard Specification for Ferrochromesilicon, 
IBR approved for Sec. 60.261.
    (5) ASTM A483-64, 74 (Reapproved 1988), Standard Specification for 
Silicomanganese, IBR approved for Sec. 60.261.
    (6) ASTM A495-76, 94, Standard Specification for Calcium-Silicon and 
Calcium Manganese-Silicon, IBR approved for Sec. 60.261.
    (7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of Petroleum 
Products, IBR

[[Page 91]]

approved for Sec. Sec. 60.562-2(d), 60.593(d), 60.593a(d), and 
60.633(h).
    (8) ASTM D129-64, 78, 95, 00, Standard Test Method for Sulfur in 
Petroleum Products (General Bomb Method), IBR approved for Sec. Sec. 
60.106(j)(2), 60.335(b)(10)(i), and appendix A: Method 19, 12.5.2.2.3.
    (9) ASTM D129-00 (Reapproved 2005), Standard Test Method for Sulfur 
in Petroleum Products (General Bomb Method), IBR approved for Sec. 
60.4415(a)(1)(i).
    (10) ASTM D240-76, 92, Standard Test Method for Heat of Combustion 
of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for 
Sec. Sec. 60.46(c), 60.296(b), and appendix A: Method 19, Section 
12.5.2.2.3.
    (11) ASTM D270-65, 75, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for appendix A: Method 19, Section 
12.5.2.2.1.
    (12) ASTM D323-82, 94, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec. 60.111(l), 
60.111a(g), 60.111b(g), and 60.116b(f)(2)(ii).
    (13) ASTM D388-77, 90, 91, 95, 98a, 99 (Reapproved 2004)[egr]\1\, 
Standard Specification for Classification of Coals by Rank, IBR approved 
for Sec. Sec. 60.24(h)(8), 60.41 of subpart D of this part, 
60.45(f)(4)(i), 60.45(f)(4)(ii), 60.45(f)(4)(vi), 60.41Da of subpart Da 
of this part, 60.41b of subpart Db of this part, 60.41c of subpart Dc of 
this part, 60.251 of subpart Y of this part, and 60.4102.
    (14) ASTM D396-78, 89, 90, 92, 96, 98, Standard Specification for 
Fuel Oils, IBR approved for Sec. Sec. 60.41b of subpart Db of this 
part, 60.41c of subpart Dc of this part, 60.111(b) of subpart K of this 
part, and 60.111a(b) of subpart Ka of this part.
    (15) ASTM D975-78, 96, 98a, Standard Specification for Diesel Fuel 
Oils, IBR approved for Sec. Sec. 60.111(b) of subpart K of this part 
and 60.111a(b) of subpart Ka of this part.
    (16) ASTM D975-08a, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec. 60.41b of subpart Db of this part and 60.41c of 
subpart Dc of this part.
    (17) ASTM D1072-80, 90 (Reapproved 1994), Standard Test Method for 
Total Sulfur in Fuel Gases, IBR approved for Sec. 60.335(b)(10)(ii).
    (18) ASTM D1072-90 (Reapproved 1999), Standard Test Method for Total 
Sulfur in Fuel Gases, IBR approved for Sec. 60.4415(a)(1)(ii).
    (19) ASTM D1137-53, 75, Standard Method for Analysis of Natural 
Gases and Related Types of Gaseous Mixtures by the Mass Spectrometer, 
IBR approved for Sec. 60.45(f)(5)(i).
    (20) ASTM D1193-77, 91, Standard Specification for Reagent Water, 
IBR approved for appendix A: Method 5, Section 7.1.3; Method 5E, Section 
7.2.1; Method 5F, Section 7.2.1; Method 6, Section 7.1.1; Method 7, 
Section 7.1.1; Method 7C, Section 7.1.1; Method 7D, Section 7.1.1; 
Method 10A, Section 7.1.1; Method 11, Section 7.1.3; Method 12, Section 
7.1.3; Method 13A, Section 7.1.2; Method 26, Section 7.1.2; Method 26A, 
Section 7.1.2; and Method 29, Section 7.2.2.
    (21) ASTM D1266-87, 91, 98, Standard Test Method for Sulfur in 
Petroleum Products (Lamp Method), IBR approved for Sec. Sec. 
60.106(j)(2) and 60.335(b)(10)(i).
    (22) ASTM D1266-98 (Reapproved 2003)e1, Standard Test Method for 
Sulfur in Petroleum Products (Lamp Method), IBR approved for Sec. 
60.4415(a)(1)(i).
    (23) ASTM D1475-60 (Reapproved 1980), 90, Standard Test Method for 
Density of Paint, Varnish Lacquer, and Related Products, IBR approved 
for Sec. 60.435(d)(1), appendix A: Method 24, Section 6.1; and Method 
24A, Sections 6.5 and 7.1.
    (24) ASTM D1552-83, 95, 01, Standard Test Method for Sulfur in 
Petroleum Products (High-Temperature Method), IBR approved for 
Sec. Sec. 60.106(j)(2), 60.335(b)(10)(i), and appendix A: Method 19, 
Section 12.5.2.2.3.
    (25) ASTM D1552-03, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. 
60.4415(a)(1)(i).
    (26) ASTM D1826-77, 94, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec. 60.45(f)(5)(ii), 60.46(c)(2), 60.296(b)(3), and 
appendix A: Method 19, Section 12.3.2.4.
    (27) ASTM D1835-87, 91, 97, 03a, Standard Specification for 
Liquefied Petroleum (LP) Gases, IBR approved for Sec. Sec. 60.41Da of 
subpart Da of this part,

[[Page 92]]

60.41b of subpart Db of this part, and 60.41c of subpart Dc of this 
part.
    (28) ASTM D1945-64, 76, 91, 96, Standard Method for Analysis of 
Natural Gas by Gas Chromatography, IBR approved for Sec. 
60.45(f)(5)(i).
    (29) ASTM D1946-77, 90 (Reapproved 1994), Standard Method for 
Analysis of Reformed Gas by Gas Chromatography, IBR approved for 
Sec. Sec. 60.18(f)(3), 60.45(f)(5)(i), 60.564(f)(1), 60.614(e)(2)(ii), 
60.614(e)(4), 60.664(e)(2)(ii), 60.664(e)(4), 60.704(d)(2)(ii), and 
60.704(d)(4).
    (30) ASTM D2013-72, 86, Standard Method of Preparing Coal Samples 
for Analysis, IBR approved for appendix A: Method 19, Section 
12.5.2.1.3.
    (31) ASTM D2015-77 (Reapproved 1978), 96, Standard Test Method for 
Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, 
IBR approved for Sec. 60.45(f)(5)(ii), 60.46(c)(2), and appendix A: 
Method 19, Section 12.5.2.1.3.
    (32) ASTM D2016-74, 83, Standard Test Methods for Moisture Content 
of Wood, IBR approved for appendix A: Method 28, Section 16.1.1.
    (33) ASTM D2234-76, 96, 97b, 98, Standard Methods for Collection of 
a Gross Sample of Coal, IBR approved for appendix A: Method 19, Section 
12.5.2.1.1.
    (34) ASTM D2369-81, 87, 90, 92, 93, 95, Standard Test Method for 
Volatile Content of Coatings, IBR approved for appendix A: Method 24, 
Section 6.2.
    (35) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. Sec. 
60.18(f)(3), 60.485(g)(6), 60.485a(g)(6), 60.564(f)(3), 60.614(e)(4), 
60.664(e)(4), and 60.704(d)(4).
    (36) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases 
in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR 
approved for Sec. Sec. 60.485(g)(5) and 60.485a(g)(5).
    (37) ASTM D2584-68 (Reapproved 1985), 94, Standard Test Method for 
Ignition Loss of Cured Reinforced Resins, IBR approved for Sec. 
60.685(c)(3)(i).
    (38) ASTM D2597-94 (Reapproved 1999), Standard Test Method for 
Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen 
and Carbon Dioxide by Gas Chromatography, IBR approved for Sec. 
60.335(b)(9)(i).
    (39) ASTM D2622-87, 94, 98, Standard Test Method for Sulfur in 
Petroleum Products by Wavelength Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec. Sec. 60.106(j)(2) and 
60.335(b)(10)(i).
    (40) ASTM D2622-05, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. 60.4415(a)(1)(i).
    (41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. Sec. 60.111b(f)(3), 
60.116b(e)(3)(ii), 60.116b(f)(2)(i), 60.485(e)(1), and 60.485a(e)(1).
    (42) ASTM D2880-78, 96, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec. 60.111(b), 60.111a(b), and 60.335(d).
    (43) ASTM D2908-74, 91, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec. 60.564(j).
    (44) ASTM D2986-71, 78, 95a, Standard Method for Evaluation of Air, 
Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for appendix A: Method 5, Section 7.1.1; Method 12, Section 
7.1.1; and Method 13A, Section 7.1.1.2.
    (45) ASTM D3173-73, 87, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A: Method 
19, Section 12.5.2.1.3.
    (46) ASTM D3176-74, 89, Standard Method for Ultimate Analysis of 
Coal and Coke, IBR approved for Sec. 60.45(f)(5)(i) and appendix A: 
Method 19, Section 12.3.2.3.
    (47) ASTM D3177-75, 89, Standard Test Method for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A: Method 
19, Section 12.5.2.1.3.
    (48) ASTM D3178-73 (Reapproved 1979), 89, Standard Test Methods for 
Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR 
approved for Sec. 60.45(f)(5)(i).
    (49) ASTM D3246-81, 92, 96, Standard Test Method for Sulfur in 
Petroleum Gas by Oxidative Microcoulometry, IBR approved for Sec. 
60.335(b)(10)(ii).

[[Page 93]]

    (50) ASTM D3246-05, Standard Test Method for Sulfur in Petroleum Gas 
by Oxidative Microcoulometry, IBR approved for Sec. 60.4415(a)(1)(ii).
    (51) ASTM D3270-73T, 80, 91, 95, Standard Test Methods for Analysis 
for Fluoride Content of the Atmosphere and Plant Tissues (Semiautomated 
Method), IBR approved for appendix A: Method 13A, Section 16.1.
    (52) ASTM D3286-85, 96, Standard Test Method for Gross Calorific 
Value of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved 
for appendix A: Method 19, Section 12.5.2.1.3.
    (53) ASTM D3370-76, 95a, Standard Practices for Sampling Water, IBR 
approved for Sec. 60.564(j).
    (54) ASTM D3792-79, 91, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for appendix A: Method 24, Section 6.3.
    (55) ASTM D4017-81, 90, 96a, Standard Test Method for Water in 
Paints and Paint Materials by the Karl Fischer Titration Method, IBR 
approved for appendix A: Method 24, Section 6.4.
    (56) ASTM D4057-81, 95, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A: Method 
19, Section 12.5.2.2.3.
    (57) ASTM D4057-95 (Reapproved 2000), Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products, IBR approved for Sec. 
60.4415(a)(1).
    (58) ASTM D4084-82, 94, Standard Test Method for Analysis of 
Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), 
IBR approved for Sec. 60.334(h)(1).
    (59) ASTM D4084-05, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec. Sec. 60.4360 and 60.4415(a)(1)(ii).
    (60) ASTM D4177-95, Standard Practice for Automatic Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A: Method 
19, Section 12.5.2.2.1.
    (61) ASTM D4177-95 (Reapproved 2000), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, IBR approved for 
Sec. 60.4415(a)(1).
    (62) ASTM D4239-85, 94, 97, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for appendix A: Method 19, Section 
12.5.2.1.3.
    (63) ASTM D4294-02, Standard Test Method for Sulfur in Petroleum and 
Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry, 
IBR approved for Sec. 60.335(b)(10)(i).
    (64) ASTM D4294-03, Standard Test Method for Sulfur in Petroleum and 
Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry, 
IBR approved for Sec. 60.4415(a)(1)(i).
    (65) ASTM D4442-84, 92, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
appendix A: Method 28, Section 16.1.1.
    (66) ASTM D4444-92, Standard Test Methods for Use and Calibration of 
Hand-Held Moisture Meters, IBR approved for appendix A: Method 28, 
Section 16.1.1.
    (67) ASTM D4457-85 (Reapproved 1991), Test Method for Determination 
of Dichloromethane and 1, 1, 1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph, IBR approved for appendix A: 
Method 24, Section 6.5.
    (68) ASTM D4468-85 (Reapproved 2000), Standard Test Method for Total 
Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry, 
IBR approved for Sec. Sec. 60.335(b)(10)(ii) and 60.4415(a)(1)(ii).
    (69) ASTM D4629-02, Standard Test Method for Trace Nitrogen in 
Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and 
Chemiluminescence Detection, IBR approved for Sec. Sec. 60.49b(e) and 
60.335(b)(9)(i).
    (70) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. Sec. 60.18(f)(3), 60.485(g)(6), 60.485a(g)(6), 
60.564(f)(3), 60.614(d)(4), 60.664(e)(4), and 60.704(d)(4).
    (71) ASTM D4810-88 (Reapproved 1999), Standard Test Method for 
Hydrogen Sulfide in Natural Gas Using Length of Stain Detector Tubes, 
IBR approved for Sec. Sec. 60.4360 and 60.4415(a)(1)(ii).

[[Page 94]]

    (72) ASTM D5287-97 (Reapproved 2002), Standard Practice for 
Automatic Sampling of Gaseous Fuels, IBR approved for Sec. 
60.4415(a)(1).
    (73) ASTM D5403-93, Standard Test Methods for Volatile Content of 
Radiation Curable Materials, IBR approved for appendix A: Method 24, 
Section 6.6.
    (74) ASTM D5453-00, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec. 60.335(b)(10)(i).
    (75) ASTM D5453-05, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec. 60.4415(a)(1)(i).
    (76) ASTM D5504-01, Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Chemiluminescence, IBR approved for Sec. Sec. 60.334(h)(1) and 60.4360.
    (77) ASTM D5762-02, Standard Test Method for Nitrogen in Petroleum 
and Petroleum Products by Boat-Inlet Chemiluminescence, IBR approved for 
Sec. 60.335(b)(9)(i).
    (78) ASTM D5865-98, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec. 60.45(f)(5)(ii), 60.46(c)(2), 
and appendix A: Method 19, Section 12.5.2.1.3.
    (79) ASTM D6216-98, Standard Practice for Opacity Monitor 
Manufacturers to Certify Conformance with Design and Performance 
Specifications, IBR approved for appendix B, Performance Specification 
1.
    (80) ASTM D6228-98, Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Flame Photometric Detection, IBR approved for Sec. 60.334(h)(1).
    (81) ASTM D6228-98 (Reapproved 2003), Standard Test Method for 
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by 
Gas Chromatography and Flame Photometric Detection, IBR approved for 
Sec. Sec. 60.4360 and 60.4415.
    (82) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, IBR approved for table 7 of subpart IIII 
of this part and table 2 of subpart JJJJ of this part.
    (83) ASTM D6366-99, Standard Test Method for Total Trace Nitrogen 
and Its Derivatives in Liquid Aromatic Hydrocarbons by Oxidative 
Combustion and Electrochemical Detection, IBR approved for Sec. 
60.335(b)(9)(i).
    (84) ASTM D6420-99 (Reapproved 2004) Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, IBR approved for table 2 of subpart 
JJJJ of this part.
    (85) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for 
Sec. 60.335(a).
    (86) ASTM D6522-00 (Reapproved 2005), Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas-Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers, IBR approved for table 2 of subpart JJJJ of this 
part.
    (87) ASTM D6667-01, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by 
Ultraviolet Fluorescence, IBR approved for Sec. 60.335(b)(10)(ii).
    (88) ASTM D6667-04, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by 
Ultraviolet Fluorescence, IBR approved for Sec. 60.4415(a)(1)(ii).
    (89) ASTM D6784-02, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), IBR approved for appendix B 
to part 60, Performance Specification 12A, Section 8.6.2.
    (90) ASTM D6784-02, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), IBR approved for Appendix B 
to

[[Page 95]]

part 60, Performance Specification 12A, Section 8.6.2 and Sec. 
60.56c(b)(13) of subpart Ec of this part.
    (91) ASTM E169-63, 77, 93, General Techniques of Ultraviolet 
Quantitative Analysis, IBR approved for Sec. Sec. 60.485a(d)(1), 
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
    (92) ASTM E260-73, 91, 96, General Gas Chromatography Procedures, 
IBR approved for Sec. Sec. 60.485a(d)(1), 60.593(b)(2), 60.593a(b)(2), 
and 60.632(f).
    (93) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008, IBR approved for Sec. Sec. 60.2165(j), 
60.2730(j), tables 1, 5, 6 and 8 to subpart CCCC, tables 2, 6, 7, and 9 
to subpart DDDD, Sec. Sec. 60.4900(b)(4)(v), 60.5220(b)(4)(v), tables 1 
and 2 to subpart LLLL, and tables 2 and 3 to subpart MMMM.
    (b) The following material is available for purchase from the 
Association of Official Analytical Chemists, 1111 North 19th Street, 
Suite 210, Arlington, VA 22209.
    (1) AOAC Method 9, Official Methods of Analysis of the Association 
of Official Analytical Chemists, 11th edition, 1970, pp. 11-12, IBR 
approved January 27, 1983 for Sec. Sec. 60.204(b)(3), 60.214(b)(3), 
60.224(b)(3), 60.234(b)(3).
    (c) The following material is available for purchase from the 
American Petroleum Institute, 1220 L Street NW., Washington, DC 20005.
    (1) API Publication 2517, Evaporation Loss from External Floating 
Roof Tanks, Second Edition, February 1980, IBR approved January 27, 
1983, for Sec. Sec. 60.111(i), 60.111a(f), 60.111a(f)(1) and 
60.116b(e)(2)(i).
    (d) The following material is available for purchase from the 
Technical Association of the Pulp and Paper Industry (TAPPI), Dunwoody 
Park, Atlanta, GA 30341.
    (1) TAPPI Method T624 os-68, IBR approved January 27, 1983 for Sec. 
60.285(d)(3).
    (e) The following material is available for purchase from the Water 
Pollution Control Federation (WPCF), 2626 Pennsylvania Avenue NW., 
Washington, DC 20037.
    (1) Method 209A, Total Residue Dried at 103-105 [deg]C, in Standard 
Methods for the Examination of Water and Wastewater, 15th Edition, 1980, 
IBR approved February 25, 1985 for Sec. 60.683(b).
    (f) The following material is available for purchase from the 
following address: Underwriter's Laboratories, Inc. (UL), 333 Pfingsten 
Road, Northbrook, IL 60062.
    (1) UL 103, Sixth Edition revised as of September 3, 1986, Standard 
for Chimneys, Factory-built, Residential Type and Building Heating 
Appliance.
    (g) The following material is available for purchase from the 
following address: West Coast Lumber Inspection Bureau, 6980 SW. Barnes 
Road, Portland, OR 97223.
    (1) West Coast Lumber Standard Grading Rules No. 16, pages 5-21 and 
90 and 91, September 3, 1970, revised 1984.
    (h) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Three Park Avenue, New 
York, NY 10016-5990.
    (1) ASME QRO-1-1994, Standard for the Qualification and 
Certification of Resource Recovery Facility Operators, IBR approved for 
Sec. Sec. 60.56a, 60.54b(a), 60.54b(b), 60.1185(a), 60.1185(c)(2), 
60.1675(a), and 60.1675(c)(2).
    (2) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: Test Code 
for Steam Generating Units (with 1968 and 1969 Addenda), IBR approved 
for Sec. Sec. 60.46b of subpart Db of this part, 60.58a(h)(6)(ii), 
60.58b(i)(6)(ii), 60.1320(a)(3) and 60.1810(a)(3).
    (3) ASME Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th Edition (1971), IBR approved 
for Sec. Sec. 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 60.1320(a)4), and 
60.1810(a)(4).
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], IBR approved for Sec. 60.56c(b)(4), 
Sec. 60.63(f)(2) and (f)(4), Sec. 60.106(e)(2), Sec. Sec. 
60.104a(d)(3), (d)(5), (d)(6), (h)(3), (h)(4), (h)(5), (i)(3), (i)(4), 
(i)(5), (j)(3), and (j)(4), Sec. 60.105a(d)(4), (f)(2), (f)(4), (g)(2), 
and (g)(4), Sec. 60.106a(a)(1)(iii), (a)(2)(iii), (a)(2)(v), 
(a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and Sec. 60.107a(a)(1)(ii), 
(a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), and (d)(2), tables 1 and 3 of 
subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ, 
Sec. Sec. 60.4415(a)(2) and (a)(3), 60.2145(s)(1)(i)

[[Page 96]]

and (ii), 60.2145(t)(1)(ii), 60.2145(t)(5)(i), 60.2710(s)(1)(i) and 
(ii), 60.2710(t)(1)(ii), 60.2710(t)(5)(i), 60.2710(w)(3), 60.2730(q)(3), 
60.4900(b)(4)(vii) and (viii), 60.4900(b)(5)(i), 60.5220(b)(4)(vii) and 
(viii), 60.5220(b)(5)(i), tables 1 and 2 to subpart LLLL, and tables 2 
and 3 to subpart MMMM.
    (j) ``Standard Methods for the Examination of Water and 
Wastewater,'' 16th edition, 1985. Method 303F: ``Determination of 
Mercury by the Cold Vapor Technique.'' This document may be obtained 
from the American Public Health Association, 1015 18th Street, NW., 
Washington, DC 20036, and is incorporated by reference for appendix A to 
part 60, Method 29, Sections 9.2.3; 10.3; and 11.1.3.
    (k) This material is available for purchase from the American 
Hospital Association (AHA) Service, Inc., Post Office Box 92683, 
Chicago, Illinois 60675-2683. You may inspect a copy at EPA's Air and 
Radiation Docket and Information Center (Docket A-91-61, Item IV-J-124), 
Room M-1500, 1200 Pennsylvania Ave., NW., Washington, DC.
    (1) An Ounce of Prevention: Waste Reduction Strategies for Health 
Care Facilities. American Society for Health Care Environmental Services 
of the American Hospital Association. Chicago, Illinois. 1993. AHA 
Catalog No. 057007. ISBN 0-87258-673-5. IBR approved for Sec. 60.35e 
and Sec. 60.55c.
    (l) This material is available for purchase from the National 
Technical Information Services, 5285 Port Royal Road, Springfield, 
Virginia 22161. You may inspect a copy at EPA's Air and Radiation Docket 
and Information Center (Docket A-91-61, Item IV-J-125), Room M-1500, 
1200 Pennsylvania Ave., NW., Washington, DC.
    (1) OMB Bulletin No. 93-17: Revised Statistical Definitions for 
Metropolitan Areas. Office of Management and Budget, June 30, 1993. NTIS 
No. PB 93-192-664. IBR approved for Sec. 60.31e.
    (2) [Reserved]
    (m) This material is available for purchase from at least one of the 
following addresses: The Gas Processors Association, 6526 East 60th 
Street, Tulsa, OK, 74145; or Information Handling Services, 15 Inverness 
Way East, PO Box 1154, Englewood, CO 80150-1154. You may inspect a copy 
at EPA's Air and Radiation Docket and Information Center, Room B108, 
1301 Constitution Ave., NW., Washington, DC 20460. You may inspect a 
copy at EPA's Air and Radiation Docket and Information Center, Room 
3334, 1301 Constitution Ave., NW., Washington, DC 20460.
    (1) Gas Processors Association Standard 2377-86, Test for Hydrogen 
Sulfide and Carbon Dioxide in Natural Gas Using Length of Stain Tubes, 
1986 Revision, IBR approved for Sec. Sec. 60.105(b)(1)(iv), 
60.107a(b)(1)(iv), 60.334(h)(1), 60.4360, and 60.4415(a)(1)(ii).
    (2) [Reserved]
    (n) This material is available for purchase from IHS Inc., 15 
Inverness Way East, Englewood, CO 80112.
    (1) International Organization for Standards 8178-4: 1996(E), 
Reciprocating Internal Combustion Engines--Exhaust Emission 
Measurement--part 4: Test Cycles for Different Engine Applications, IBR 
approved for Sec. 60.4241(b).
    (2) [Reserved]
    (o) The following material is available from the U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
(202) 272-0167, http://www.epa.gov.
    (1) Office of Air Quality Planning and Standards (OAQPS) Fabric 
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997, 
IBR approved for Sec. Sec. 60.2145(r)(2), 60.2710(r)(2), 
60.4905(b)(3)(i)(B), and 60.5225(b)(3)(i)(B).
    (2) [Reserved]

[48 FR 3735, Jan. 27, 1983]

    Editorial Note: For Federal Register citations affecting Sec. 
60.17, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 76 FR 15450, Mar. 21, 2011, Sec. 60.17 was 
amended by adding paragraph (a)(93); revising paragraph (h)(4); adding 
paragraph (o), effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
effective date was delayed indefinitely. For the convenience of the 
user, the added and revised text is set forth as follows:



Sec. 60.17  Incorporations by reference.

                                * * * * *

    (a) * * *
    (93) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury

[[Page 97]]

in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro 
Method), approved April 1, 2008, IBR approved for Sec. Sec. 60.2165(j), 
60.2730(j), tables 1, 5, 6 and 8 to subpart CCCC, and tables 2, 6, 7, 
and 9 to subpart DDDD, Sec. Sec. 60.4900(b)(4)(v), 60.5220(b)(4)(v), 
tables 1 and 2 to subpart LLLL, and tables 2 and 3 to subpart MMMM.

                                * * * * *

    (h) * * *
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], IBR approved for Sec. 60.56c(b)(4), 
Sec. 60.63(f)(2) and (f)(4), Sec. 60.106(e)(2), Sec. Sec. 
60.104a(d)(3), (d)(5), (d)(6), (h)(3), (h)(4), (h)(5), (i)(3), (i)(4), 
(i)(5), (j)(3), and (j)(4), Sec. 60.105a(d)(4), (f)(2), (f)(4), (g)(2), 
and (g)(4), Sec. 60.106a(a)(1)(iii), (a)(2)(iii), (a)(2)(v), 
(a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and Sec. 60.107a(a)(1)(ii), 
(a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), and (d)(2), tables 1 and 3 of 
subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ, 
Sec. Sec. 60.4415(a)(2) and (a)(3), 60.2145(s)(1)(i) and (ii), 
60.2145(t)(1)(ii), 60.2145(t)(5)(i), 60.2710(s)(1)(i) and (ii), 
60.2710(t)(1)(ii), 60.2710(t)(5)(i), 60.2710(w)(3), 60.2730(q)(3), 
60.4900(b)(4)(vii) and (viii), 60.4900(b)(5)(i), 60.5220(b)(4)(vii) and 
(viii), 60.5220(b)(5)(i), tables 1 and 2 to subpart LLLL, and tables 2 
and 3 to subpart MMMM.

                                * * * * *

    (o) The following material is available from the U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
(202) 272-0167, http://www.epa.gov.
    (1) Office of Air Quality Planning and Standards (OAQPS) Fabric 
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997, 
IBR approved for Sec. Sec. 60.2145(r)(2), 60.2710(r)(2), 
60.4905(b)(3)(i)(B), and 60.5225(b)(3)(i)(B).
    (2) [Reserved]



Sec. 60.18  General control device and work practice requirements.

    (a) Introduction. (1) This section contains requirements for control 
devices used to comply with applicable subparts of 40 CFR parts 60 and 
61. The requirements are placed here for administrative convenience and 
apply only to facilities covered by subparts referring to this section.
    (2) This section also contains requirements for an alternative work 
practice used to identify leaking equipment. This alternative work 
practice is placed here for administrative convenience and is available 
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require 
monitoring of equipment with a 40 CFR part 60, Appendix A-7, Method 21 
monitor.
    (b) Flares. Paragraphs (c) through (f) apply to flares.
    (c)(1) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (f), 
except for periods not to exceed a total of 5 minutes during any 2 
consecutive hours.
    (2) Flares shall be operated with a flame present at all times, as 
determined by the methods specified in paragraph (f).
    (3) An owner/operator has the choice of adhering to either the heat 
content specifications in paragraph (c)(3)(ii) of this section and the 
maximum tip velocity specifications in paragraph (c)(4) of this section, 
or adhering to the requirements in paragraph (c)(3)(i) of this section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume), or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, 
Vmax, as determined by the following equation:

Vmax=(XH2-K1)* K2

Where:

Vmax=Maximum permitted velocity, m/sec.
K1=Constant, 6.0 volume-percent hydrogen.
K2=Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2=The volume-percent of hydrogen, on a wet basis, as 
calculated by using the American Society for Testing and Materials 
(ASTM) Method D1946-77. (Incorporated by reference as specified in Sec. 
60.17).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (f)(4) of this section.
    (ii) Flares shall be used only with the net heating value of the gas 
being combusted being 11.2 MJ/scm (300 Btu/scf) or greater if the flare 
is steam-assisted or air-assisted; or with the net heating value of the 
gas being combusted being 7.45 MJ/scm (200 Btu/scf) or greater if the 
flare is nonassisted. The net heating value of the gas being combusted 
shall be determined by the methods

[[Page 98]]

specified in paragraph (f)(3) of this section.
    (4)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (f)(4) of this section, less than 18.3 m/sec (60 
ft/sec), except as provided in paragraphs (c)(4) (ii) and (iii) of this 
section.
    (ii) Steam-assisted and nonassisted flares designed for and operated 
with an exit velocity, as determined by the methods specified in 
paragraph (f)(4), equal to or greater than 18.3 m/sec (60 ft/sec) but 
less than 122 m/sec (400 ft/sec) are allowed if the net heating value of 
the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (f)(4), less than the velocity, Vmax, as 
determined by the method specified in paragraph (f)(5), and less than 
122 m/sec (400 ft/sec) are allowed.
    (5) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity, Vmax, as determined by the 
method specified in paragraph (f)(6).
    (6) Flares used to comply with this section shall be steam-assisted, 
air-assisted, or nonassisted.
    (d) Owners or operators of flares used to comply with the provisions 
of this subpart shall monitor these control devices to ensure that they 
are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators of flares shall monitor these control devices.
    (e) Flares used to comply with provisions of this subpart shall be 
operated at all times when emissions may be vented to them.
    (f)(1) Method 22 of appendix A to this part shall be used to 
determine the compliance of flares with the visible emission provisions 
of this subpart. The observation period is 2 hours and shall be used 
according to Method 22.
    (2) The presence of a flare pilot flame shall be monitored using a 
thermocouple or any other equivalent device to detect the presence of a 
flame.
    (3) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.008

where:

HT=Net heating value of the sample, MJ/scm; where the net 
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760 
mm Hg, but the standard temperature for determining the volume 
corresponding to one mole is 20 [deg]C;
[GRAPHIC] [TIFF OMITTED] TC01JN92.009

Ci=Concentration of sample component i in ppm on a wet basis, 
as measured for organics by Reference Method 18 and measured for 
hydrogen and carbon monoxide by ASTM D1946-77 or 90 (Reapproved 1994) 
(Incorporated by reference as specified in Sec. 60.17); and
Hi=Net heat of combustion of sample component i, kcal/g mole 
at 25 [deg]C and 760 mm Hg. The heats of combustion may be determined 
using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as 
specified in Sec. 60.17) if published values are not available or 
cannot be calculated.

    (4) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D as 
appropriate; by the unobstructed (free) cross sectional area of the 
flare tip.

[[Page 99]]

    (5) The maximum permitted velocity, Vmax, for flares 
complying with paragraph (c)(4)(iii) shall be determined by the 
following equation.
Log10 (Vmax)=(HT+28.8)/31.7

Vmax=Maximum permitted velocity, M/sec
28.8=Constant
31.7=Constant
HT=The net heating value as determined in paragraph (f)(3).

    (6) The maximum permitted velocity, Vmax, for air-
assisted flares shall be determined by the following equation.
Vmax=8.706+0.7084 (HT)

Vmax=Maximum permitted velocity, m/sec
8.706=Constant
0.7084=Constant
HT=The net heating value as determined in paragraph (f)(3).
    (g) Alternative work practice for monitoring equipment for leaks. 
Paragraphs (g), (h), and (i) of this section apply to all equipment for 
which the applicable subpart requires monitoring with a 40 CFR part 60, 
Appendix A-7, Method 21 monitor, except for closed vent systems, 
equipment designated as leakless, and equipment identified in the 
applicable subpart as having no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background. An owner or 
operator may use an optical gas imaging instrument instead of a 40 CFR 
part 60, Appendix A-7, Method 21 monitor. Requirements in the existing 
subparts that are specific to the Method 21 instrument do not apply 
under this section. All other requirements in the applicable subpart 
that are not addressed in paragraphs (g), (h), and (i) of this section 
apply to this standard. For example, equipment specification 
requirements, and non-Method 21 instrument recordkeeping and reporting 
requirements in the applicable subpart continue to apply. The terms 
defined in paragraphs (g)(1) through (5) of this section have meanings 
that are specific to the alternative work practice standard in 
paragraphs (g), (h), and (i) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61, 63, 
or 65 that requires monitoring of equipment with a 40 CFR part 60, 
Appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves, 
compressors, open-ended lines, flanges, connectors, and other equipment 
covered by the applicable subpart that require monitoring with a 40 CFR 
part 60, Appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be 
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes 
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered, 
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;
    (iii) Indications by a sensor that a seal or barrier fluid system 
has failed; or
    (iv) Screening results using a 40 CFR part 60, Appendix A-7, Method 
21 monitor that exceed the leak definition in the applicable subpart to 
which the equipment is subject.
    (h) The alternative work practice standard for monitoring equipment 
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 
65 that require monitoring of equipment with a 40 CFR part 60, Appendix 
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to CFR parts 
60, 61, 63, or 65 can choose to comply with the alternative work 
practice requirements in paragraph (i) of this section instead of using 
the 40 CFR part 60, Appendix A-7, Method 21 monitor to identify leaking 
equipment. The owner or operator must document the equipment, process 
units, and facilities for which the alternative work practice will be 
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in 
paragraph (i)(3) of this section must be identified for repair as 
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be 
conducted using either the alternative work practice or the 40 CFR part 
60, Appendix A-7, Method 21 monitor at the leak definition required in 
the applicable subpart to which the equipment is subject.

[[Page 100]]

    (4) The schedule for repair is as required in the applicable 
subpart.
    (5) When this alternative work practice is used for detecting 
leaking equipment, choose one of the monitoring frequencies listed in 
Table 1 to subpart A of this part in lieu of the monitoring frequency 
specified for regulated equipment in the applicable subpart. Reduced 
monitoring frequencies for good performance are not applicable when 
using the alternative work practice.
    (6) When this alternative work practice is used for detecting 
leaking equipment the following are not applicable for the equipment 
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves 
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking 
equipment, the regulated equipment in paragraph (h)(1)(i) of this 
section must also be monitored annually using a 40 CFR part 60, Appendix 
A-7, Method 21 monitor at the leak definition required in the applicable 
subpart. The owner or operator may choose the specific monitoring period 
(for example, first quarter) to conduct the annual monitoring. 
Subsequent monitoring must be conducted every 12 months from the initial 
period. Owners or operators must keep records of the annual Method 21 
screening results, as specified in paragraph (i)(4)(vii) of this 
section.
    (i) An owner or operator of an affected source who chooses to use 
the alternative work practice must comply with the requirements of 
paragraphs (i)(1) through (i)(5) of this section.
    (1) Instrument Specifications. The optical gas imaging instrument 
must comply with the requirements in (i)(1)(i) and (i)(1)(ii) of this 
section.
    (i) Provide the operator with an image of the potential leak points 
for each piece of equipment at both the detection sensitivity level and 
within the distance used in the daily instrument check described in 
paragraph (i)(2) of this section. The detection sensitivity level 
depends upon the frequency at which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every 
monitoring event.
    (2) Daily Instrument Check. On a daily basis, and prior to beginning 
any leak monitoring work, test the optical gas imaging instrument at the 
mass flow rate determined in paragraph (i)(2)(i) of this section in 
accordance with the procedure specified in paragraphs (i)(2)(ii) through 
(i)(2)(iv) of this section for each camera configuration used during 
monitoring (for example, different lenses used), unless an alternative 
method to demonstrate daily instrument checks has been approved in 
accordance with paragraph (i)(2)(v) of this section.
    (i) Calculate the mass flow rate to be used in the daily instrument 
check by following the procedures in paragraphs (i)(2)(i)(A) and 
(i)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the 
instrument, determine the piece of equipment in contact with the lowest 
mass fraction of chemicals that are detectable, within the distance to 
be used in paragraph (i)(2)(iv)(B) of this section, at or below the 
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level, corresponding 
to the selected monitoring frequency in Table 1 of subpart A of this 
part, by the mass fraction of detectable chemicals from the stream 
identified in paragraph (i)(2)(i)(A) of this section to determine the 
mass flow rate to be used in the daily instrument check, using the 
following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.007

Where:

Edic = Mass flow rate for the daily instrument check, grams 
per hour
xi = Mass fraction of detectable chemical(s) i seen by the 
optical gas imaging instrument, within the distance to be used in 
paragraph (i)(2)(iv)(B) of this section, at or below the standard 
detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 1 to 
subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking 
equipment and seen by the optical gas imaging instrument.


[[Page 101]]


    (ii) Start the optical gas imaging instrument according to the 
manufacturer's instructions, ensuring that all appropriate settings 
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the 
optical gas imaging instrument and that has a purity of no less than 98 
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view of 
the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded distance 
from the outlet or leak orifice of the flow meter that will not be 
exceeded in the actual performance of the leak survey. Do not exceed the 
operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will 
create a mass emission rate equal to the mass rate specified in 
paragraph (i)(2)(i) of this section while observing the gas flow through 
the optical gas imaging instrument viewfinder. When an image of the gas 
emission is seen through the viewfinder at the required emission rate, 
make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (i)(2)(ii) through 
(i)(2)(iv) of this section for each configuration of the optical gas 
imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument 
checks, apply to the Administrator for approval of the alternative under 
Sec. 60.13(i).
    (3) Leak Survey Procedure. Operate the optical gas imaging 
instrument to image every regulated piece of equipment selected for this 
work practice in accordance with the instrument manufacturer's operating 
parameters. All emissions imaged by the optical gas imaging instrument 
are considered to be leaks and are subject to repair. All emissions 
visible to the naked eye are also considered to be leaks and are subject 
to repair.
    (4) Recordkeeping. You must keep the records described in paragraphs 
(i)(4)(i) through (i)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or 
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 1 to 
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact 
with the lowest mass fraction of chemicals that are detectable, as 
specified in paragraph (i)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable 
chemicals used in the equation in paragraph (i)(2)(i)(B) of this 
section.
    (v) The daily instrument check. Record the distance, per paragraph 
(i)(2)(iv)(B) of this section, and the flow meter reading, per paragraph 
(i)(2)(iv)(C) of this section, at which the leak was imaged. Keep a 
video record of the daily instrument check for each configuration of the 
optical gas imaging instrument used during the leak survey (for example, 
the daily instrument check must be conducted for each lens used). The 
video record must include a time and date stamp for each daily 
instrument check. The video record must be kept for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video 
record must be used to document the leak survey results. The video 
record must include a time and date stamp for each monitoring event. A 
video record can be used to meet the recordkeeping requirements of the 
applicable subparts if each piece of regulated equipment selected for 
this work practice can be identified in the video record. The video 
record must be kept for 5 years.
    (vii) The results of the annual Method 21 screening required in 
paragraph (h)(7) of this section. Records must be kept for all regulated 
equipment specified in paragraph (h)(1) of this section. Records must 
identify the equipment screened, the screening value measured by Method 
21, the time and date of the screening, and calibration information 
required in the existing applicable subpart.
    (5) Reporting. Submit the reports required in the applicable 
subpart. Submit the records of the annual Method 21 screening required 
in paragraph

[[Page 102]]

(h)(7) of this section to the Administrator via e-mail to CCG-
[email protected].

[51 FR 2701, Jan. 21, 1986, as amended at 63 FR 24444, May 4, 1998; 65 
FR 61752, Oct. 17, 2000; 73 FR 78209, Dec. 22, 2008]



Sec. 60.19  General notification and reporting requirements.

    (a) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (b) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to the 
Administrator, the owner or operator shall postmark the submittal on or 
before the number of days specified in the applicable requirement. For 
example, if a notification must be submitted 15 days before a particular 
event is scheduled to take place, the notification shall be postmarked 
on or before 15 days preceding the event; likewise, if a notification 
must be submitted 15 days after a particular event takes place, the 
notification shall be delivered or postmarked on or before 15 days 
following the end of the event. The use of reliable non-Government mail 
carriers that provide indications of verifiable delivery of information 
required to be submitted to the Administrator, similar to the postmark 
provided by the U.S. Postal Service, or alternative means of delivery, 
including the use of electronic media, agreed to by the permitting 
authority, is acceptable.
    (c) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (f) of this section.
    (d) If an owner or operator of an affected facility in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such facility under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. The allowance in the previous sentence 
applies in each State beginning 1 year after the affected facility is 
required to be in compliance with the applicable subpart in this part. 
Procedures governing the implementation of this provision are specified 
in paragraph (f) of this section.
    (e) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 61, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which periodic reports required by each applicable standard 
shall be submitted throughout the year. The allowance in the previous 
sentence applies in each State beginning 1 year after the stationary 
source is required to be in compliance with the applicable subpart in 
this part, or 1 year after the stationary source is required to be in 
compliance with the applicable 40 CFR part 61 or part 63 of this chapter 
standard, whichever is latest. Procedures governing the implementation 
of this provision are specified in paragraph (f) of this section.
    (f)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (f)(2) and 
(f)(3) of this section, the owner or operator of an affected facility 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (f)(2) and (f)(3) of this section each time he or she 
wishes to change an applicable time period or

[[Page 103]]

postmark deadline specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

[59 FR 12428, Mar. 16, 1994, as amended at 64 FR 7463, Feb. 12, 1998]

 Table 1 to Subpart A to Part 60-Detection Sensitivity Levels (grams per
                                  hour)
------------------------------------------------------------------------
                                                             Detection
          Monitoring frequency per subpart \a\              sensitivity
                                                               level
------------------------------------------------------------------------
Bi-Monthly..............................................              60
Semi-Quarterly..........................................              85
Monthly.................................................            100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.


[73 FR 78211, Dec. 22, 2008]



     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities

    Source: 40 FR 53346, Nov. 17, 1975, unless otherwise noted.



Sec. 60.20  Applicability.

    The provisions of this subpart apply to States upon publication of a 
final guideline document under Sec. 60.22(a).



Sec. 60.21  Definitions.

    Terms used but not defined in this subpart shall have the meaning 
given them in the Act and in subpart A:
    (a) Designated pollutant means any air pollutant, the emissions of 
which are subject to a standard of performance for new stationary 
sources, but for which air quality criteria have not been issued and 
that is not included on a list published under section 108(a) of the 
Act. Designated pollutant also means any air pollutant, the emissions of 
which are subject to a standard of performance for new stationary 
sources, that is on the section 112(b)(1) list and is emitted from a 
facility that is not part of a source category regulated under section 
112. Designated pollutant does not include pollutants on the section 
112(b)(1) list that are emitted from a facility that is part of a source 
category regulated under section 112.
    (b) Designated facility means any existing facility (see Sec. 
60.2(aa)) which emits a designated pollutant and which would be subject 
to a standard of performance for that pollutant if the existing facility 
were an affected facility (see Sec. 60.2(e)).
    (c) Plan means a plan under section 111(d) of the Act which 
establishes emission standards for designated pollutants from designated 
facilities and provides for the implementation and enforcement of such 
emission standards.
    (d) Applicable plan means the plan, or most recent revision thereof, 
which has been approved under Sec. 60.27(b) or promulgated under Sec. 
60.27(d).
    (e) Emission guideline means a guideline set forth in subpart C of 
this part, or in a final guideline document published under Sec. 
60.22(a), which reflects

[[Page 104]]

the degree of emission reduction achievable through the application of 
the best system of emission reduction which (taking into account the 
cost of such reduction) the Administrator has determined has been 
adequately demonstrated for designated facilities.
    (f) Emission standard means a legally enforceable regulation setting 
forth an allowable rate of emissions into the atmosphere, establishing 
an allowance system, or prescribing equipment specifications for control 
of air pollution emissions.
    (g) Compliance schedule means a legally enforceable schedule 
specifying a date or dates by which a source or category of sources must 
comply with specific emission standards contained in a plan or with any 
increments of progress to achieve such compliance.
    (h) Increments of progress means steps to achieve compliance which 
must be taken by an owner or operator of a designated facility, 
including:
    (1) Submittal of a final control plan for the designated facility to 
the appropriate air pollution control agency;
    (2) Awarding of contracts for emission control systems or for 
process modifications, or issuance of orders for the purchase of 
component parts to accomplish emission control or process modification;
    (3) Initiation of on-site construction or installation of emission 
control equipment or process change;
    (4) Completion of on-site construction or installation of emission 
control equipment or process change; and
    (5) Final compliance.
    (i) Region means an air quality control region designated under 
section 107 of the Act and described in part 81 of this chapter.
    (j) Local agency means any local governmental agency.
    (k) Allowance system means a control program under which the owner 
or operator of each designated facility is required to hold an 
authorization for each specified unit of a designated pollutant emitted 
from that facility during a specified period and which limits the total 
amount of such authorizations available to be held for a designated 
pollutant for a specified period and allows the transfer of such 
authorizations not used to meet the authorization-holding requirement.

[40 FR 53346, Nov. 17, 1975, as amended at 70 FR 28649, May 18, 2005]



Sec. 60.22  Publication of guideline documents, emission guidelines,
and final compliance times.

    (a) Concurrently upon or after proposal of standards of performance 
for the control of a designated pollutant from affected facilities, the 
Administrator will publish a draft guideline document containing 
information pertinent to control of the designated pollutant form 
designated facilities. Notice of the availability of the draft guideline 
document will be published in the Federal Register and public comments 
on its contents will be invited. After consideration of public comments 
and upon or after promulgation of standards of performance for control 
of a designated pollutant from affected facilities, a final guideline 
document will be published and notice of its availability will be 
published in the Federal Register.
    (b) Guideline documents published under this section will provide 
information for the development of State plans, such as:
    (1) Information concerning known or suspected endangerment of public 
health or welfare caused, or contributed to, by the designated 
pollutant.
    (2) A description of systems of emission reduction which, in the 
judgment of the Administrator, have been adequately demonstrated.
    (3) Information on the degree of emission reduction which is 
achievable with each system, together with information on the costs and 
environmental effects of applying each system to designated facilities.
    (4) Incremental periods of time normally expected to be necessary 
for the design, installation, and startup of identified control systems.
    (5) An emission guideline that reflects the application of the best 
system of emission reduction (considering the cost of such reduction) 
that has been adequately demonstrated for designated facilities, and the 
time within which compliance with emission standards of equivalent 
stringency can be

[[Page 105]]

achieved. The Administrator will specify different emission guidelines 
or compliance times or both for different sizes, types, and classes of 
designated facilities when costs of control, physical limitations, 
geographical location, or similar factors make subcategorization 
appropriate. (6) Such other available information as the Administrator 
determines may contribute to the formulation of State plans.
    (c) Except as provided in paragraph (d)(1) of this section, the 
emission guidelines and compliance times referred to in paragraph (b)(5) 
of this section will be proposed for comment upon publication of the 
draft guideline document, and after consideration of comments will be 
promulgated in subpart C of this part with such modifications as may be 
appropriate.
    (d)(1) If the Administrator determines that a designated pollutant 
may cause or contribute to endangerment of public welfare, but that 
adverse effects on public health have not been demonstrated, he will 
include the determination in the draft guideline document and in the 
Federal Register notice of its availability. Except as provided in 
paragraph (d)(2) of this section, paragraph (c) of this section shall be 
inapplicable in such cases.
    (2) If the Administrator determines at any time on the basis of new 
information that a prior determination under paragraph (d)(1) of this 
section is incorrect or no longer correct, he will publish notice of the 
determination in the Federal Register, revise the guideline document as 
necessary under paragraph (a) of this section, and propose and 
promulgate emission guidelines and compliance times under paragraph (c) 
of this section.

[40 FR 53346, Nov. 17, 1975, as amended at 54 FR 52189, Dec. 20, 1989]



Sec. 60.23  Adoption and submittal of State plans; public hearings.

    (a)(1) Unless otherwise specified in the applicable subpart, within 
9 months after notice of the availability of a final guideline document 
is published under Sec. 60.22(a), each State shall adopt and submit to 
the Administrator, in accordance with Sec. 60.4 of subpart A of this 
part, a plan for the control of the designated pollutant to which the 
guideline document applies.
    (2) Within nine months after notice of the availability of a final 
revised guideline document is published as provided in Sec. 
60.22(d)(2), each State shall adopt and submit to the Administrator any 
plan revision necessary to meet the requirements of this subpart.
    (b) If no designated facility is located within a State, the State 
shall submit a letter of certification to that effect to the 
Administrator within the time specified in paragraph (a) of this 
section. Such certification shall exempt the State from the requirements 
of this subpart for that designated pollutant.
    (c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this 
section, the State shall, prior to the adoption of any plan or revision 
thereof, conduct one or more public hearings within the State on such 
plan or plan revision.
    (2) No hearing shall be required for any change to an increment of 
progress in an approved compliance schedule unless the change is likely 
to cause the facility to be unable to comply with the final compliance 
date in the schedule.
    (3) No hearing shall be required on an emission standard in effect 
prior to the effective date of this subpart if it was adopted after a 
public hearing and is at least as stringent as the corresponding 
emission guideline specified in the applicable guideline document 
published under Sec. 60.22(a).
    (d) Any hearing required by paragraph (c) of this section shall be 
held only after reasonable notice. Notice shall be given at least 30 
days prior to the date of such hearing and shall include:
    (1) Notification to the public by prominently advertising the date, 
time, and place of such hearing in each region affected;
    (2) Availability, at the time of public announcement, of each 
proposed plan or revision thereof for public inspection in at least one 
location in each region to which it will apply;
    (3) Notification to the Administrator;
    (4) Notification to each local air pollution control agency in each 
region to which the plan or revision will apply; and

[[Page 106]]

    (5) In the case of an interstate region, notification to any other 
State included in the region.
    (e) The State shall prepare and retain, for a minimum of 2 years, a 
record of each hearing for inspection by any interested party. The 
record shall contain, as a minimum, a list of witnesses together with 
the text of each presentation.
    (f) The State shall submit with the plan or revision:
    (1) Certification that each hearing required by paragraph (c) of 
this section was held in accordance with the notice required by 
paragraph (d) of this section; and
    (2) A list of witnesses and their organizational affiliations, if 
any, appearing at the hearing and a brief written summary of each 
presentation or written submission.
    (g) Upon written application by a State agency (through the 
appropriate Regional Office), the Administrator may approve State 
procedures designed to insure public participation in the matters for 
which hearings are required and public notification of the opportunity 
to participate if, in the judgment of the Administrator, the procedures, 
although different from the requirements of this subpart, in fact 
provide for adequate notice to and participation of the public. The 
Administrator may impose such conditions on his approval as he deems 
necessary. Procedures approved under this section shall be deemed to 
satisfy the requirements of this subpart regarding procedures for public 
hearings.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995]



Sec. 60.24  Emission standards and compliance schedules.

    (a) Each plan shall include emission standards and compliance 
schedules.
    (b)(1) Emission standards shall either be based on an allowance 
system or prescribe allowable rates of emissions except when it is 
clearly impracticable.
    (2) Test methods and procedures for determining compliance with the 
emission standards shall be specified in the plan. Methods other than 
those specified in appendix A to this part may be specified in the plan 
if shown to be equivalent or alternative methods as defined in Sec. 
60.2 (t) and (u).
    (3) Emission standards shall apply to all designated facilities 
within the State. A plan may contain emission standards adopted by local 
jurisdictions provided that the standards are enforceable by the State.
    (c) Except as provided in paragraph (f) of this section, where the 
Administrator has determined that a designated pollutant may cause or 
contribute to endangerment of public health, emission standards shall be 
no less stringent than the corresponding emission guideline(s) specified 
in subpart C of this part, and final compliance shall be required as 
expeditiously as practicable but no later than the compliance times 
specified in subpart C of this part.
    (d) Where the Administrator has determined that a designated 
pollutant may cause or contribute to endangerment of public welfare but 
that adverse effects on public health have not been demonstrated, States 
may balance the emission guidelines, compliance times, and other 
information provided in the applicable guideline document against other 
factors of public concern in establishing emission standards, compliance 
schedules, and variances. Appropriate consideration shall be given to 
the factors specified in Sec. 60.22(b) and to information presented at 
the public hearing(s) conducted under Sec. 60.23(c).
    (e)(1) Any compliance schedule extending more than 12 months from 
the date required for submittal of the plan must include legally 
enforceable increments of progress to achieve compliance for each 
designated facility or category of facilities. Unless otherwise 
specified in the applicable subpart, increments of progress must 
include, where practicable, each increment of progress specified in 
Sec. 60.21(h) and must include such additional increments of progress 
as may be necessary to permit close and effective supervision of 
progress toward final compliance.
    (2) A plan may provide that compliance schedules for individual 
sources or categories of sources will be formulated after plan 
submittal. Any such schedule shall be the subject of a public hearing 
held according to Sec. 60.23 and

[[Page 107]]

shall be submitted to the Administrator within 60 days after the date of 
adoption of the schedule but in no case later than the date prescribed 
for submittal of the first semiannual report required by Sec. 60.25(e).
    (f) Unless otherwise specified in the applicable subpart on a case-
by-case basis for particular designated facilities or classes of 
facilities, States may provide for the application of less stringent 
emissions standards or longer compliance schedules than those otherwise 
required by paragraph (c) of this section, provided that the State 
demonstrates with respect to each such facility (or class of 
facilities):
    (1) Unreasonable cost of control resulting from plant age, location, 
or basic process design;
    (2) Physical impossibility of installing necessary control 
equipment; or
    (3) Other factors specific to the facility (or class of facilities) 
that make application of a less stringent standard or final compliance 
time significantly more reasonable.
    (g) Nothing in this subpart shall be construed to preclude any State 
or political subdivision thereof from adopting or enforcing (1) emission 
standards more stringent than emission guidelines specified in subpart C 
of this part or in applicable guideline documents or (2) compliance 
schedules requiring final compliance at earlier times than those 
specified in subpart C or in applicable guideline documents.
    (h) Each of the States identified in paragraph (h)(1) of this 
section shall be subject to the requirements of paragraphs (h)(2) 
through (7) of this section.
    (1) Alaska, Alabama, Arkansas, Arizona, California, Colorado, 
Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode 
Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, 
Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the 
District of Columbia shall each, and, if approved for treatment as a 
State under part 49 of this chapter, the Navajo Nation and the Ute 
Indian Tribe may each, submit a State plan meeting the requirements of 
paragraphs (h)(2) through (7) of this section and the other applicable 
requirements for a State plan under this subpart.
    (2) The State's State plan under paragraph (h)(1) of this section 
must be submitted to the Administrator by no later than November 17, 
2006. The State shall deliver five copies of the State plan to the 
appropriate Regional Office, with a letter giving notice of such action.
    (3) The State's State plan under paragraph (h)(1) of this section 
shall contain emission standards and compliance schedules and 
demonstrate that they will result in compliance with the State's annual 
electrical generating unit (EGU) mercury (Hg) budget for the appropriate 
periods. The amount of the annual EGU Hg budget, in tons of Hg per year, 
shall be as follows, for the indicated State for the indicated period:

------------------------------------------------------------------------
                                                  Annual EGU Hg budget
                                                         (tons)
                     State                     -------------------------
                                                               2018 and
                                                 2010-2017    thereafter
------------------------------------------------------------------------
Alaska........................................        0.010        0.004
Alabama.......................................        1.289        0.509
Arkansas......................................        0.516        0.204
Arizona.......................................        0.454        0.179
California....................................        0.041        0.016
Colorado......................................        0.706        0.279
Connecticut...................................        0.053        0.021
Delaware......................................        0.072        0.028
Florida.......................................        1.232        0.487
Georgia.......................................        1.227        0.484
Hawaii........................................        0.024        0.009
Iowa..........................................        0.727        0.287
Illinois......................................        1.594        0.629
Indiana.......................................        2.097        0.828
Kansas........................................        0.723        0.285
Kentucky......................................        1.525        0.602
Louisiana.....................................        0.601        0.237
Massachusetts.................................        0.172        0.068
Maryland......................................        0.490        0.193
Maine.........................................        0.001        0.001
Michigan......................................        1.303        0.514
Minnesota.....................................        0.695        0.274
Missouri......................................        1.393        0.550
Mississippi...................................        0.291        0.115
Montana.......................................        0.377        0.149
Navajo Nation.................................        0.600        0.237
North Carolina................................        1.133        0.447
North Dakota..................................        1.564        0.617
Nebraska......................................        0.421        0.166
New Hampshire.................................        0.063        0.025
New Jersey....................................        0.153        0.060
New Mexico....................................        0.299        0.118
Nevada........................................        0.285        0.112
New York......................................        0.393        0.155
Ohio..........................................        2.056        0.812
Oklahoma......................................        0.721        0.285
Oregon........................................        0.076        0.030

[[Page 108]]

 
Pennsylvania..................................        1.779        0.702
South Carolina................................        0.580        0.229
South Dakota..................................        0.072        0.029
Tennessee.....................................        0.944        0.373
Texas.........................................        4.656        1.838
Utah..........................................        0.506        0.200
Ute Indian Tribe..............................        0.060        0.024
Virginia......................................        0.592        0.234
Washington....................................        0.198        0.078
Wisconsin.....................................        0.890        0.351
West Virginia.................................        1.394        0.550
Wyoming.......................................        0.952        0.376
                                               -------------------------
    Total.....................................       38.000       15.000
------------------------------------------------------------------------

    (4) Each State plan under paragraph (h)(1) of this section shall 
require EGUs to comply with the monitoring, record keeping, and 
reporting provisions of part 75 of this chapter with regard to Hg mass 
emissions.
    (5) In addition to meeting the requirements of Sec. 60.26, each 
State plan under paragraph (h)(1) of this section must show that the 
State has legal authority to:
    (i) Adopt emissions standards and compliance schedules necessary for 
attainment and maintenance of the State's relevant annual EGU Hg budget 
under paragraph (h)(3) of this section; and
    (ii) Require owners or operators of EGUs in the State to meet the 
monitoring, record keeping, and reporting requirements described in 
paragraph (h)(4) of this section.
    (6)(i) Notwithstanding the provisions of paragraphs (h)(3) and 
(5)(i) of this section, if a State adopts regulations substantively 
identical to subpart HHHH of this part (Hg Budget Trading Program), 
incorporates such subpart by reference into its regulations, or adopts 
regulations that differ substantively from such subpart only as set 
forth in paragraph (h)(6)(ii) of this section, then such allowance 
system in the State's State plan is automatically approved as meeting 
the requirements of paragraph (h)(3) of this section, provided that the 
State demonstrates that it has the legal authority to take such action 
and to implement its responsibilities under such regulations. Before 
January 1, 2009, a State's regulations shall be considered to be 
substantively identical to subpart HHHH of this part, or differing 
substantively only as set forth in paragraph (h)(6)(ii) of this section, 
regardless of whether the State's regulations include the definition of 
``Biomass'', paragraph (3) of the definition of ``Cogeneration unit'', 
and the second sentence of the definition of ``Total energy input'' in 
Sec. 60.4102 of this chapter promulgated on October 19, 2007, provided 
that the State timely submits to the Administrator a State plan that 
revises the State's regulations to include such provisions. Submission 
to the Administrator of a State plan that revises the State's 
regulations to include such provisions shall be considered timely if the 
submission is made by January 1, 2010.
    (ii) If a State adopts an allowance system that differs 
substantively from subpart HHHH of this part only as follows, then the 
emissions trading program is approved as set forth in paragraph 
(h)(6)(i) of this section.
    (A) The State may decline to adopt the allocation provisions set 
forth in Sec. Sec. 60.4141 and 60.4142 and may instead adopt any 
methodology for allocating Hg allowances.
    (B) The State's methodology under paragraph (h)(6)(ii)(A) of this 
section must not allow the State to allocate Hg allowances for a year in 
excess of the amount in the State's annual EGU Hg budget for such year 
under paragraph (h)(3) of this section;
    (C) The State's methodology under paragraph (h)(6)(ii)(A) of this 
section must require that, for EGUs commencing operation before January 
1, 2001, the State will determine, and notify the Administrator of, each 
unit's allocation of Hg allowances by November 17, 2006 for 2010, 2011, 
and 2012 and by October 31, 2009 and October 31 of each year thereafter 
for the fourth year after the year of the notification deadline; and
    (D) The State's methodology under paragraph (h)(6)(ii)(A) of this 
section must require that, for EGUs commencing operation on or after 
January 1, 2001, the State will determine, and notify the Administrator 
of, each unit's allocation of Hg allowances by October 31 of the year 
for which the Hg allowances are allocated.
    (7) If a State adopts an allowance system that differs substantively 
from

[[Page 109]]

subpart HHHH of this part, other than as set forth in paragraph 
(h)(6)(ii) of this section, then such allowance system is not 
automatically approved as set forth in paragraph (h)(6)(i) or (ii) of 
this section and will be reviewed by the Administrator for approvability 
in accordance with the other provisions of paragraphs (h)(2) through (5) 
of this section and the other applicable requirements for a State plan 
under this subpart, provided that the Hg allowances issued under such 
allowance system shall not, and the State plan under paragraph (h)(1) of 
this section shall state that such Hg allowances shall not, qualify as 
Hg allowances under any allowance system approved under paragraph 
(h)(6)(i) or (ii) of this section.
    (8) The terms used in this paragraph (h) shall have the following 
meanings:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or the Administrator's duly authorized 
representative.
    Allocate or allocation means, with regard to Hg allowances, the 
determination of the amount of Hg allowances to be initially credited to 
a source.
    Biomass means--(1) Any organic material grown for the purpose of 
being converted to energy;
    (2) Any organic byproduct of agriculture that can be converted into 
energy; or
    (3) Any material that can be converted into energy and is 
nonmerchantable for other purposes, that is segregated from other 
nonmerchantable material, and that is;
    (i) A forest-related organic resource, including mill residues, 
precommercial thinnings, slash, brush, or byproduct from conversion of 
trees to merchantable material; or
    (ii) A wood material, including pallets, crates, dunnage, 
manufacturing and construction materials (other than pressure-treated, 
chemically-treated, or painted wood products), and landscape or right-
of-way tree trimmings.
    Boiler means an enclosed fossil-or other fuel-fired combustion 
device used to produce heat and to transfer heat to recirculating water, 
steam, or other medium.
    Bottoming-cycle cogeneration unit means a cogeneration unit in which 
the energy input to the unit is first used to produce useful thermal 
energy and at least some of the reject heat from the useful thermal 
energy application or process is then used for electricity production.
    Coal means any solid fuel classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials (ASTM) Standard Specification for Classification of Coals by 
Rank D388-77, 90, 91, 95, 98a, or 99 (Reapproved 2004) [egr]\1\ 
(incorporated by reference, see Sec. 60.17).
    Coal-derived fuel means any fuel (whether in a solid, liquid, or 
gaseous state) produced by the mechanical, thermal, or chemical 
processing of coal.
    Coal-fired means combusting any amount of coal or coal-derived fuel, 
alone or in combination with any amount of any other fuel, during any 
year.
    Cogeneration unit means a stationary, coal-fired boiler or 
stationary, coal-fired combustion turbine:
    (1) Having equipment used to produce electricity and useful thermal 
energy for industrial, commercial, heating, or cooling purposes through 
the sequential use of energy; and
    (2) Producing during the 12-month period starting on the date the 
unit first produces electricity and during any calendar year after which 
the unit first produces electricity:
    (i) For a topping-cycle cogeneration unit,
    (A) Useful thermal energy not less than 5 percent of total energy 
output; and
    (B) Useful power that, when added to one-half of useful thermal 
energy produced, is not less then 42.5 percent of total energy input, if 
useful thermal energy produced is 15 percent or more of total energy 
output, or not less than 45 percent of total energy input, if useful 
thermal energy produced is less than 15 percent of total energy output.
    (ii) For a bottoming-cycle cogeneration unit, useful power not less 
than 45 percent of total energy input;
    (3) Provided that the total energy input under paragraphs (2)(i)(B) 
and (2)(ii) of this definition shall equal the

[[Page 110]]

unit's total energy input from all fuel except biomass if the unit is a 
boiler.
    Combustion turbine means:
    (1) An enclosed device comprising a compressor, a combustion, and a 
turbine and in which the flue gas resulting from the combustion of fuel 
in the combustion passes through the turbine, rotating the turbine; and
    (2) If the enclosed device under paragraph (1) of this definition is 
combined cycle, any associated heat recovery steam generator and steam 
turbine.
    Commence operation means to have begun any mechanical, chemical, or 
electronic process, including, with regard to a unit, start-up of a 
unit's combustion chamber.
    Electric generating unit or EGU means:
    (1)(i) Except as provided in paragraphs (2) and (3) of this 
definition, a stationary, coal-fired boiler or stationary, coal-fired 
combustion turbine in the State serving at any time, since the later of 
November 15, 1990 or the start-up of the unit's combustion chamber, a 
generator with nameplate capacity of more than 25 megawatts electric 
(MWe) producing electricity for sale.
    (ii) If a stationary boiler or stationary combustion turbine that, 
under paragraph (1)(i) of this definition, is not an electric generating 
unit begins to combust coal or coal-derived fuel or to serve a generator 
with nameplate capacity of more than 25 MWe producing electricity for 
sale, the unit shall become an electric generating unit as provided in 
paragraph (1)(i) of this definition on the first date on which it both 
combusts coal or coal-derived fuel and serves such generator.
    (2) A unit that meets the requirements set forth in paragraph 
(2)(i)(A) of this definition shall not be an electric generating unit:
    (i)(A) A unit that is an electric generating unit under paragraph 
(1)(i) or (ii) of this definition:
    (1) Qualifying as a cogeneration unit during the 12-month period 
starting on the date the unit first produces electricity and continuing 
to qualify as a cogeneration unit; and
    (2) Not serving at any time, since the later of November 15, 1990 or 
the start-up of the unit's combustion chamber, a generator with 
nameplate capacity of more than 25 MWe supplying in any calendar year 
more than one-third of the unit's potential electric output capacity or 
219,000 megawatt-hours (MWh), whichever is greater, to any utility power 
distribution system for sale.
    (B) If a unit qualifies as a cogeneration unit during the 12-month 
period starting on the date the unit first produces electricity and 
meets the requirements of paragraph (2)(i)(A) of this definition for at 
least one calendar year, but subsequently no longer meets all such 
requirements, the unit shall become an electric generating unit starting 
on the earlier of January 1 after the first calendar year during which 
the unit first no longer qualifies as a cogeneration unit or January 1 
after the first calendar year during which the unit no longer meets the 
requirements of paragraph (2)(i)(A)(2) of this definition.
    (3) A ``solid waste incineration unit'' as defined in Clean Air Act 
section 129(g)(1) combusting ``municipal waste'' as defined in Clean Air 
Act section 129(g)(5) shall not be an electric generating unit if it is 
subject to one of the following rules:
    (i) An EPA-approved State plan for implementing subpart Cb of part 
60 of this chapter, ``Emissions Guidelines and Compliance Times for 
Large Municipal Waste Combustors That Are Constructed On or Before 
September 20, 1994'';
    (ii) Subpart Eb of part 60 of this chapter, ``Standards of 
Performance for Large Municipal Waste Combustors for Which Construction 
is Commenced After September 20, 1994 or for Which Modification or 
Reconstruction is Commenced After June 19, 1996'';
    (iii) Subpart AAAA of part 60 of this chapter, ``Standards of 
Performance for Small Municipal Waste Combustors for Which Construction 
is Commenced After August 30, 1999 or for Which Modification or 
Reconstruction is Commenced After June 6, 2001'';
    (iv) An EPA-approved State Plan for implementing subpart BBBB of 
part 60 of this chapter, ``Emission Guidelines and Compliance Times for 
Small Municipal Waste Combustion Units Constructed On or Before August 
30, 1999'';

[[Page 111]]

    (v) Subpart FFF of part 62 of this chapter, ``Federal Plan 
Requirements for Large Municipal Waste Combustors Constructed On or 
Before September 20, 1994; or
    (vi) Subpart JJJ of 40 CFR part 62, ``Federal Plan Requirements for 
Small Municipal Waste Combustion Units Constructed On or Before August 
30, 1999''.
    Generator means a device that produces electricity.
    Gross electrical output means, with regard to a cogeneration unit, 
electricity made available for use, including any such electricity used 
in the power production process (which process includes, but is not 
limited to, any on-site processing or treatment of fuel combusted at the 
unit and any on-site emission controls).
    Gross thermal energy means, with regard to a cogeneration unit, 
useful thermal energy output plus, where such output is made available 
for an industrial or commercial process, any heat contained in 
condensate return or makeup water.
    Heat input means, with regard to a specified period of time, the 
product (in million British thermal units per unit time, MMBTU/time) of 
the gross calorific value of the fuel (in Btu per pound, Btu/lb) divided 
by 1,000,000 Btu/MMBTU and multiplied by the fuel feed rate into a 
combustion device (in lb of fuel/time), as measured, recorded, and 
reported to the Administrator by the Hg designated representative and 
determined by the Administrator in accordance with Sec. Sec. 60.4170 
through 60.4176 and excluding the heat derived from preheated combustion 
air, reticulated flue gases, or exhaust from other sources.
    Hg allowance means a limited authorization issued by the permitting 
authority to emit one ounce of Hg during a control period of the 
specified calendar year for which the authorization is allocated or of 
any calendar year thereafter.
    Life-of-the-unit, firm power contractual arrangement means a unit 
participation power sales agreement under which a customer reserves, or 
is entitled to receive, a specified amount or percentage of nameplate 
capacity and associated energy generated by any specified unit and pays 
its proportional amount of such unit's total costs, pursuant to a 
contract:
    (1) For the life of the unit;
    (2) For a cumulative term of no less than 30 years, including 
contracts that permit an election for early termination; or
    (3) For a period no less than 25 years or 70 percent of the economic 
useful life of the unit determined as of the time the unit is built, 
with option rights to purchase or release some portion of the nameplate 
capacity and associated energy generated by the unit at the end of the 
period.
    Maximum design heat input means, starting from the initial 
installation of a unit, the maximum amount of fuel per hour (in Btu/hr) 
that a unit is capable of combusting on a steady-state basis as 
specified by the manufacturer of the unit, or, starting from the 
completion of any subsequent physical change in the unit resulting in a 
decrease in the maximum amount of fuel per hour (in Btu per hour, Btu/
hr) that a unit is capable of combusting on a steady-state basis, such 
decreased maximum amount as specified by the person conducting the 
physical change.
    Nameplate capacity means, starting from the initial installation of 
a generator, the maximum electrical generating output (in MW) that the 
generator is capable of producing on a steady-state basis and during 
continuous operation (when not restricted by seasonal or other derates) 
as specified by the manufacturer of the generator or, starting from the 
completion of any subsequent physical change in the generator resulting 
in an increase in the maximum electrical generating output (in MW) that 
the generator is capable of producing on a steady-state basis and during 
continuous operation (when not restricted by seasonal or other derates), 
such increased maximum amount as specified by the person conducting the 
physical change.
    Operator means any person who operates, controls, or supervises an 
EGU or a source that includes an EGU and shall include, but not be 
limited to, any holding company, utility system, or plant manager of 
such EGU or source.
    Ounce means 2.84 x 10\7\ micrograms.

[[Page 112]]

    Owner means any of the following persons:
    (1) With regard to a Hg Budget source or a Hg Budget unit at a 
source, respectively:
    (i) Any holder of any portion of the legal or equitable title in a 
Hg Budget unit at the source or the Hg Budget unit;
    (ii) Any holder of a leasehold interest in a Hg Budget unit at the 
source or the Hg Budget unit; or
    (iii) Any purchaser of power from a Hg Budget unit at the source or 
the Hg Budget unit under a life-of-the-unit, firm power contractual 
arrangement; provided that, unless expressly provided for in a leasehold 
agreement, owner shall not include a passive lessor, or a person who has 
an equitable interest through such lessor, whose rental payments are not 
based (either directly or indirectly) on the revenues or income from 
such Hg Budget unit; or
    (2) With regard to any general account, any person who has an 
ownership interest with respect to the Hg allowances held in the general 
account and who is subject to the binding agreement for the Hg 
authorized account representative to represent the person's ownership 
interest with respect to Hg allowances.
    Potential electrical output capacity means 33 percent of a unit's 
maximum design heat input, divided by 3,413 Btu per kilowatt-hour (Btu/
kWh), divided by 1,000 kWh per megawatt-hour (kWh/MWh), and multiplied 
by 8,760 hr/yr.
    Sequential use of energy means:
    (1) For a topping-cycle cogeneration unit, the use of reject heat 
from electricity production in a useful thermal energy application or 
process; or
    (2) For a bottoming-cycle cogeneration unit, the use of reject heat 
from seful thermal energy application or process in electricity 
production.
    Source means all buildings, structures, or installations located in 
one or more contiguous or adjacent properties under common control of 
the same person or persons.
    State means:
    (1) For purposes of referring to a governing entity, one of the 
States in the United States, the District of Columbia, or, if approved 
for treatment as a State under part 49 of this chapter, the Navajo 
Nation or Ute Indian Tribe that adopts the Hg Budget Trading Program 
pursuant to Sec. 60.24(h)(6); or
    (2) For purposes of referring to a geographic area, one of the 
States in the United States, the District of Columbia, the Navajo Nation 
Indian country, or the Ute Tribe Indian country.
    Topping-cycle cogeneration unit means a cogeneration unit in which 
the energy input to the unit is first used to produce useful power, 
including electricity, and at least some of the reject heat from the 
electricity production is then used to provide useful thermal energy.
    Total energy input means, with regard to a cogeneration unit, total 
energy of all forms supplied to the cogeneration unit, excluding energy 
produced by the cogeneration unit itself. Each form of energy supplied 
shall be measured by the lower heating value of that form of energy 
calculated as follows:

LHV = HHV - 10.55(W + 9H)

Where:

LHV = lower heating value of fuel in Btu/lb,
HHV = higher heating value of fuel in Btu/lb,
W = Weight % of moisture in fuel, and
H = Weight % of hydrogen in fuel.

    Total energy output means, with regard to a cogeneration unit, the 
sum of useful power and useful thermal energy produced by the 
cogeneration unit.
    Unit means a stationary coal-fired boiler or a stationary coal-fired 
combustion turbine.
    Useful power means, with regard to a cogeneration unit, electricity 
or mechanical energy made available for use, excluding any such energy 
used in the power production process (which process includes, but is not 
limited to, any on-site processing or treatment of fuel combusted at the 
unit and any on-site emission controls).
    Useful thermal energy means, with regard to a cogeneration unit, 
thermal energy that is:
    (1) Made available to an industrial or commercial process (not a 
power production process), excluding any heat contained in condensate 
return or makeup water;
    (2) Used in a heat application (e.g., space heating or domestic hot 
water heating); or

[[Page 113]]

    (3) Used in a space cooling application (i.e., thermal energy used 
by an absorption chiller).
    Utility power distribution system means the portion of an 
electricity grid owned or operated by a utility and dedicated to 
delivering electricity to customers.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995; 
65 FR 76384, Dec. 6, 2000; 70 FR 28649, May 18, 2005; 71 FR 33398, June 
9, 2006; 72 FR 59204, Oct. 19, 2007]



Sec. 60.25  Emission inventories, source surveillance, reports.

    (a) Each plan shall include an inventory of all designated 
facilities, including emission data for the designated pollutants and 
information related to emissions as specified in appendix D to this 
part. Such data shall be summarized in the plan, and emission rates of 
designated pollutants from designated facilities shall be correlated 
with applicable emission standards. As used in this subpart, 
``correlated'' means presented in such a manner as to show the 
relationship between measured or estimated amounts of emissions and the 
amounts of such emissions allowable under applicable emission standards.
    (b) Each plan shall provide for monitoring the status of compliance 
with applicable emission standards. Each plan shall, as a minimum, 
provide for:
    (1) Legally enforceable procedures for requiring owners or operators 
of designated facilities to maintain records and periodically report to 
the State information on the nature and amount of emissions from such 
facilities, and/or such other information as may be necessary to enable 
the State to determine whether such facilities are in compliance with 
applicable portions of the plan. Submission of electronic documents 
shall comply with the requirements of 40 CFR part 3--(Electronic 
reporting).
    (2) Periodic inspection and, when applicable, testing of designated 
facilities.
    (c) Each plan shall provide that information obtained by the State 
under paragraph (b) of this section shall be correlated with applicable 
emission standards (see Sec. 60.25(a)) and made available to the 
general public.
    (d) The provisions referred to in paragraphs (b) and (c) of this 
section shall be specifically identified. Copies of such provisions 
shall be submitted with the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act, and
    (2) The State demonstrates:
    (i) That the provisions are applicable to the designated 
pollutant(s) for which the plan is submitted, and
    (ii) That the requirements of Sec. 60.26 are met.
    (e) The State shall submit reports on progress in plan enforcement 
to the Administrator on an annual (calendar year) basis, commencing with 
the first full report period after approval of a plan or after 
promulgation of a plan by the Administrator. Information required under 
this paragraph must be included in the annual report required by Sec. 
51.321 of this chapter.
    (f) Each progress report shall include:
    (1) Enforcement actions initiated against designated facilities 
during the reporting period, under any emission standard or compliance 
schedule of the plan.
    (2) Identification of the achievement of any increment of progress 
required by the applicable plan during the reporting period.
    (3) Identification of designated facilities that have ceased 
operation during the reporting period.
    (4) Submission of emission inventory data as described in paragraph 
(a) of this section for designated facilities that were not in operation 
at the time of plan development but began operation during the reporting 
period.
    (5) Submission of additional data as necessary to update the 
information submitted under paragraph (a) of this section or in previous 
progress reports.
    (6) Submission of copies of technical reports on all performance 
testing on designated facilities conducted under paragraph (b)(2) of 
this section, complete with concurrently recorded process data.

[40 FR 53346, Nov. 17, 1975, as amended at 44 FR 65071, Nov. 9, 1979; 70 
FR 59887, Oct. 13, 2005]

[[Page 114]]



Sec. 60.26  Legal authority.

    (a) Each plan shall show that the State has legal authority to carry 
out the plan, including authority to:
    (1) Adopt emission standards and compliance schedules applicable to 
designated facilities.
    (2) Enforce applicable laws, regulations, standards, and compliance 
schedules, and seek injunctive relief.
    (3) Obtain information necessary to determine whether designated 
facilities are in compliance with applicable laws, regulations, 
standards, and compliance schedules, including authority to require 
recordkeeping and to make inspections and conduct tests of designated 
facilities.
    (4) Require owners or operators of designated facilities to install, 
maintain, and use emission monitoring devices and to make periodic 
reports to the State on the nature and amounts of emissions from such 
facilities; also authority for the State to make such data available to 
the public as reported and as correlated with applicable emission 
standards.
    (b) The provisions of law or regulations which the State determines 
provide the authorities required by this section shall be specifically 
identified. Copies of such laws or regulations shall be submitted with 
the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act, and
    (2) The State demonstrates that the laws or regulations are 
applicable to the designated pollutant(s) for which the plan is 
submitted.
    (c) The plan shall show that the legal authorities specified in this 
section are available to the State at the time of submission of the 
plan. Legal authority adequate to meet the requirements of paragraphs 
(a)(3) and (4) of this section may be delegated to the State under 
section 114 of the Act.
    (d) A State governmental agency other than the State air pollution 
control agency may be assigned responsibility for carrying out a portion 
of a plan if the plan demonstrates to the Administrator's satisfaction 
that the State governmental agency has the legal authority necessary to 
carry out that portion of the plan.
    (e) The State may authorize a local agency to carry out a plan, or 
portion thereof, within the local agency's jurisdiction if the plan 
demonstrates to the Administrator's satisfaction that the local agency 
has the legal authority necessary to implement the plan or portion 
thereof, and that the authorization does not relieve the State of 
responsibility under the Act for carrying out the plan or portion 
thereof.



Sec. 60.27  Actions by the Administrator.

    (a) The Administrator may, whenever he determines necessary, extend 
the period for submission of any plan or plan revision or portion 
thereof.
    (b) After receipt of a plan or plan revision, the Administrator will 
propose the plan or revision for approval or disapproval. The 
Administrator will, within four months after the date required for 
submission of a plan or plan revision, approve or disapprove such plan 
or revision or each portion thereof.
    (c) The Administrator will, after consideration of any State hearing 
record, promptly prepare and publish proposed regulations setting forth 
a plan, or portion thereof, for a State if:
    (1) The State fails to submit a plan within the time prescribed;
    (2) The State fails to submit a plan revision required by Sec. 
60.23(a)(2) within the time prescribed; or
    (3) The Administrator disapproves the State plan or plan revision or 
any portion thereof, as unsatisfactory because the requirements of this 
subpart have not been met.
    (d) The Administrator will, within six months after the date 
required for submission of a plan or plan revision, promulgate the 
regulations proposed under paragraph (c) of this section with such 
modifications as may be appropriate unless, prior to such promulgation, 
the State has adopted and submitted a plan or plan revision which the 
Administrator determines to be approvable.
    (e)(1) Except as provided in paragraph (e)(2) of this section, 
regulations proposed and promulgated by the Administrator under this 
section will prescribe

[[Page 115]]

emission standards of the same stringency as the corresponding emission 
guideline(s) specified in the final guideline document published under 
Sec. 60.22(a) and will require final compliance with such standards as 
expeditiously as practicable but no later than the times specified in 
the guideline document.
    (2) Upon application by the owner or operator of a designated 
facility to which regulations proposed and promulgated under this 
section will apply, the Administrator may provide for the application of 
less stringent emission standards or longer compliance schedules than 
those otherwise required by this section in accordance with the criteria 
specified in Sec. 60.24(f).
    (f) Prior to promulgation of a plan under paragraph (d) of this 
section, the Administrator will provide the opportunity for at least one 
public hearing in either:
    (1) Each State that failed to hold a public hearing as required by 
Sec. 60.23(c); or
    (2) Washington, DC or an alternate location specified in the Federal 
Register.

[40 FR 53346, Nov. 17, 1975, as amended at 65 FR 76384, Dec. 6, 2000]



Sec. 60.28  Plan revisions by the State.

    (a) Plan revisions which have the effect of delaying compliance with 
applicable emission standards or increments of progress or of 
establishing less stringent emission standards shall be submitted to the 
Administrator within 60 days after adoption in accordance with the 
procedures and requirements applicable to development and submission of 
the original plan.
    (b) More stringent emission standards, or orders which have the 
effect of accelerating compliance, may be submitted to the Administrator 
as plan revisions in accordance with the procedures and requirements 
applicable to development and submission of the original plan.
    (c) A revision of a plan, or any portion thereof, shall not be 
considered part of an applicable plan until approved by the 
Administrator in accordance with this subpart.



Sec. 60.29  Plan revisions by the Administrator.

    After notice and opportunity for public hearing in each affected 
State, the Administrator may revise any provision of an applicable plan 
if:
    (a) The provision was promulgated by the Administrator, and
    (b) The plan, as revised, will be consistent with the Act and with 
the requirements of this subpart.



           Subpart C_Emission Guidelines and Compliance Times



Sec. 60.30  Scope.

    The following subparts contain emission guidelines and compliance 
times for the control of certain designated pollutants in accordance 
with section 111(d) and section 129 of the Clean Air Act and subpart B 
of this part.
    (a) Subpart Ca [Reserved]
    (b) Subpart Cb--Municipal Waste Combustors.
    (c) Subpart Cc--Municipal Solid Waste Landfills.
    (d) Subpart Cd--Sulfuric Acid Production Plants.
    (e) Subpart Ce--Hospital/Medical/Infectious Waste Incinerators.

[62 FR 48379, Sept. 15, 1997]



Sec. 60.31  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A and B of this part.

[42 FR 55797, Oct. 18, 1977]

Subpart Ca [Reserved]



Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal 
  Waste Combustors That are Constructed on or Before September 20, 1994

    Source: 60 FR 65415, Dec. 19, 1995, unless otherwise noted.



Sec. 60.30b  Scope and delegation of authority.

    (a) This subpart contains emission guidelines and compliance 
schedules

[[Page 116]]

for the control of certain designated pollutants from certain municipal 
waste combustors in accordance with section 111(d) and section 129 of 
the Clean Air Act and subpart B of this part. The provisions in these 
emission guidelines apply instead of the provisions of Sec. 60.24(f) of 
subpart B of this part.
    (b) The following authorities are retained by EPA:
    (1) Approval of exemption claims in Sec. 60.32b(b)(1), (d), (e), 
(f)(1), (i)(1);
    (2) Approval of a nitrogen oxides trading program under Sec. 
60.33b(d)(2);
    (3) Approval of major alternatives to test methods;
    (4) Approval of major alternatives to monitoring;
    (5) Waiver of recordkeeping; and
    (6) Performance test and data reduction waivers under Sec. 608(b).

[71 FR 27332, May 10, 2006]



Sec. 60.31b  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and subparts A, B, and Eb of this part.
    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Municipal waste combustor plant means one or more designated 
facilities (as defined in Sec. 60.32b) at the same location.
    Semi-suspension refuse-derived fuel-fired combustor/wet refuse-
derived fuel process conversion means a combustion unit that was 
converted from a wet refuse-derived fuel process to a dry refuse-derived 
fuel process, and because of constraints in the design of the system, 
includes a low furnace height (less than 60 feet between the grate and 
the roof) and a high waste capacity-to-undergrate air zone ratio 
(greater than 300 tons of waste per day (tpd) fuel per each undergrate 
air zone).
    Spreader stoker fixed floor refuse-derived fuel-fired combustor/100 
percent coal capable means a spreader stoker type combustor with a fixed 
floor grate design that typically fires 100 percent refuse-derived fuel 
but is equipped to burn 100 percent coal instead of refuse-derived fuel 
to fulfill 100 percent steam or energy demand.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27332, May 10, 2006]



Sec. 60.32b  Designated facilities.

    (a) The designated facility to which these guidelines apply is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994.
    (b) Any municipal waste combustion unit that is capable of 
combusting more than 250 tons per day of municipal solid waste and is 
subject to a federally enforceable permit limiting the maximum amount of 
municipal solid waste that may be combusted in the unit to less than or 
equal to 11 tons per day is not subject to this subpart if the owner or 
operator:
    (1) Notifies EPA of an exemption claim,
    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day, and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility under subpart 
Ea or subpart Eb of this part.
    (d) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies EPA of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (e) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous

[[Page 117]]

waste (such as automotive tires or used oil, but not including refuse-
derived fuel) for the production of electric energy and steam or forms 
of useful energy (such as heat) that are used for industrial, 
commercial, heating, or cooling purposes, is not subject to this subpart 
if the owner or operator of the facility notifies EPA of this exemption 
and provides data documenting that the facility qualifies for this 
exemption.
    (f) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies EPA of an exemption claim, and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (g) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (h) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (i) Any cofired combustor, as defined under Sec. 60.51b of subpart 
Eb of this part, that meets the capacity specifications in paragraph (a) 
of this section is not subject to this subpart if the owner or operator 
of the cofired combustor:
    (1) Notifies EPA of an exemption claim,
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section), and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (j) Air curtain incinerators, as defined under Sec. 60.51b of 
subpart Eb of this part, that meet the capacity specifications in 
paragraph (a) of this section, and that combust a fuel stream composed 
of 100 percent yard waste are exempt from all provisions of this subpart 
except the opacity standard under Sec. 60.37b, the testing procedures 
under Sec. 60.38b, and the reporting and recordkeeping provisions under 
Sec. 60.39b.
    (k) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (l) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (m) Cement kilns firing municipal solid waste are not subject to 
this subpart.
    (n) Any affected facility meeting the applicability requirements 
under this section is not subject to subpart E of this part.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27332, May 10, 2006]



Sec. 60.33b  Emission guidelines for municipal waste combustor metals,
acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) For approval, a State plan shall include emission limits for 
particulate matter and opacity at least as protective as the emission 
limits for particulate matter and opacity specified in paragraphs 
(a)(1)(i) through (a)(1)(iii) of this section.
    (i) Before April 28, 2009, the emission limit for particulate matter 
contained in the gases discharged to the atmosphere from a designated 
facility is 27 milligrams per dry standard cubic

[[Page 118]]

meter, corrected to 7 percent oxygen. On and after April 28, 2009, the 
emission limit for particulate matter contained in the gases discharged 
to the atmosphere from a designated facility is 25 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) [Reserved]
    (iii) The emission limit for opacity exhibited by the gases 
discharged to the atmosphere from a designated facility is 10 percent 
(6-minute average).
    (2) For approval, a State plan shall include emission limits for 
cadmium at least as protective as the emission limits for cadmium 
specified in paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
    (i) Before April 28, 2009, the emission limit for cadmium contained 
in the gases discharged to the atmosphere from a designated facility is 
40 micrograms per dry standard cubic meter, corrected to 7 percent 
oxygen. On and after April 28, 2009, the emission limit for cadmium 
contained in the gases discharged to the atmosphere from a designated 
facility is 35 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (ii) [Reserved]
    (3) For approval, a State plan shall include emission limits for 
mercury at least as protective as the emission limits specified in this 
paragraph. Before April 28, 2009, the emission limit for mercury 
contained in the gases discharged to the atmosphere from a designated 
facility is 80 micrograms per dry standard cubic meter or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent. On 
and after April 28, 2009, the emission limit for mercury contained in 
the gases discharged to the atmosphere from a designated facility is 50 
micrograms per dry standard cubic meter or 15 percent of the potential 
mercury emission concentration (85-percent reduction by weight), 
corrected to 7 percent oxygen, whichever is less stringent.
    (4) For approval, a State plan shall include an emission limit for 
lead at least as protective as the emission limit for lead specified in 
this paragraph. Before April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 440 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 400 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) For approval, a State plan shall include emission limits for 
sulfur dioxide at least as protective as the emission limits for sulfur 
dioxide specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) [Reserved]
    (2) For approval, a State plan shall include emission limits for 
hydrogen chloride at least as protective as the emission limits for 
hydrogen chloride specified in paragraphs (b)(2)(i) and (b)(2)(ii) of 
this section.
    (i) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (ii) [Reserved]
    (3) For approval, a State plan shall be submitted by August 25, 1998 
and shall include emission limits for sulfur dioxide and hydrogen 
chloride at least as protective as the emission limits specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged

[[Page 119]]

to the atmosphere from a designated facility is 29 parts per million by 
volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (c) The emission limits for municipal waste combustor organics, 
expressed as total mass dioxin/furan, are specified in paragraphs (c)(1) 
and (c)(2) of this section.
    (1) For approval, a State plan shall include an emission limit for 
dioxin/furan contained in the gases discharged to the atmosphere from a 
designated facility at least as protective as the emission limit for 
dioxin/furan specified in paragraphs (c)(1)(i), (c)(1)(ii), and 
(c)(1)(iii) of this section, as applicable.
    (i) Before April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 60 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (ii) On and after April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 35 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (iii) The emission limit for designated facilities that do not 
employ an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (d) For approval, a State plan shall include emission limits for 
nitrogen oxides at least as protective as the emission limits listed in 
table 1 of this subpart for designated facilities. table 1 provides 
emission limits for the nitrogen oxides concentration level for each 
type of designated facility.
    (1) A State plan may allow nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section.
    (i) The owner or operator of a municipal waste combustor plant may 
elect to implement a nitrogen oxides emissions averaging plan for the 
designated facilities that are located at that plant and that are 
subject to subpart Cb, except as specified in paragraphs (d)(1)(i)(A) 
and (d)(1)(i)(B) of this section.
    (A) Municipal waste combustor units subject to subpart Ea or Eb 
cannot be included in the emissions averaging plan.
    (B) Mass burn refractory municipal waste combustor units and other 
municipal waste combustor technologies not listed in paragraph 
(d)(1)(iii) of this section may not be included in the emissions 
averaging plan.
    (ii) The designated facilities included in the nitrogen oxides 
emissions averaging plan must be identified in the initial compliance 
report specified in Sec. 60.59b(f) or in the annual report specified in 
Sec. 60.59b(g), as applicable, prior to implementing the averaging 
plan. The designated facilities being included in the averaging plan may 
be redesignated each calendar year. Partial year redesignation is 
allowable with State approval.
    (iii) To implement the emissions averaging plan, the average daily 
(24-hour) nitrogen oxides emission concentration level for gases 
discharged from the designated facilities being included in the 
emissions averaging plan must be no greater than the levels specified in 
table 2 of this subpart. table 2 provides emission limits for the 
nitrogen oxides concentration level for each type of designated 
facility.
    (iv) Under the emissions averaging plan, the average daily nitrogen 
oxides emissions specified in paragraph (d)(1)(iii) of this section 
shall be calculated using equation (1). Designated facilities that are 
offline shall not be included in calculating the average daily nitrogen 
oxides emission level.

[[Page 120]]

[GRAPHIC] [TIFF OMITTED] TR19DE95.000

where:

NOX 24-hr=24-hr daily average nitrogen oxides emission 
concentration level for the emissions averaging plan (parts per million 
by volume corrected to 7 percent oxygen).
NOX i-hr=24-hr daily average nitrogen oxides emission 
concentration level for designated facility i (parts per million by 
volume, corrected to 7 percent oxygen), calculated according to the 
procedures in Sec. 60.58b(h) of this subpart.
Si=maximum demonstrated municipal waste combustor unit load 
for designated facility i (pounds per hour steam or feedwater flow as 
determined in the most recent dioxin/furan performance test).
h=total number of designated facilities being included in the daily 
emissions average.

    (v) For any day in which any designated facility included in the 
emissions averaging plan is offline, the owner or operator of the 
municipal waste combustor plant must demonstrate compliance according to 
either paragraph (d)(1)(v)(A) of this section or both paragraphs 
(d)(1)(v)(B) and (d)(1)(v)(C) of this section.
    (A) Compliance with the applicable limits specified in table 2 of 
this subpart shall be demonstrated using the averaging procedure 
specified in paragraph (d)(1)(iv) of this section for the designated 
facilities that are online.
    (B) For each of the designated facilities included in the emissions 
averaging plan, the nitrogen oxides emissions on a daily average basis 
shall be calculated and shall be equal to or less than the maximum daily 
nitrogen oxides emission level achieved by that designated facility on 
any of the days during which the emissions averaging plan was achieved 
with all designated facilities online during the most recent calendar 
quarter. The requirements of this paragraph do not apply during the 
first quarter of operation under the emissions averaging plan.
    (C) The average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(2) of this section shall 
not exceed the average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(1) of this section.
    (1) For all days during which the emissions averaging plan was 
implemented and achieved and during which all designated facilities were 
online, the average nitrogen oxides emissions shall be calculated. The 
average nitrogen oxides emissions (kilograms per day) shall be 
calculated on a calendar year basis according to paragraphs 
(d)(1)(v)(C)(1)(i) through (d)(1)(v)(C)(1)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec. 60.38b(a) and specified under Sec. 60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(1)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(1)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) For all days during which one or more of the designated 
facilities under the emissions averaging plan was offline, the average 
nitrogen oxides emissions shall be calculated. The average nitrogen 
oxides emissions (kilograms per day) shall be calculated on a calendar 
year basis according to paragraphs (d)(1)(v)(C)(2)(i) through 
(d)(1)(v)(C)(2)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec. 60.38b(a) and specified under Sec. 60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using

[[Page 121]]

table 19-1 of EPA Reference Method 19 or a State-approved method, and 
the hourly average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(2)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(2)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) A State plan may establish a program to allow owners or 
operators of municipal waste combustor plants to engage in trading of 
nitrogen oxides emission credits. A trading program must be approved by 
EPA before implementation.
    (3) For approval, a State plan shall include emission limits for 
nitrogen oxides from fluidized bed combustors at least as protective as 
the emission limits listed in paragraphs (d)(3)(i) and (d)(3)(ii) of 
this section.
    (i) The emission limit for nitrogen oxides contained in the gases 
discharged to the atmosphere from a designated facility that is a 
fluidized bed combustor is 180 parts per million by volume, corrected to 
7 percent oxygen.
    (ii) If a State plan allows nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section, the 
emission limit for nitrogen oxides contained in the gases discharged to 
the atmosphere from a designated facility that is a fluidized bed 
combustor is 165 parts per million by volume, corrected to 7 percent 
oxygen.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27333, May 10, 2006]



Sec. 60.34b  Emission guidelines for municipal waste combustor 
operating practices.

    (a) For approval, a State plan shall include emission limits for 
carbon monoxide at least as protective as the emission limits for carbon 
monoxide listed in table 3 of this subpart. table 3 provides emission 
limits for the carbon monoxide concentration level for each type of 
designated facility.
    (b) For approval, a State plan shall include requirements for 
municipal waste combustor operating practices at least as protective as 
those requirements listed in Sec. 60.53b(b) and (c) of subpart Eb of 
this part.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 69 FR 42121, July 14, 2004; 71 FR 27333, May 10, 2006]



Sec. 60.35b  Emission guidelines for municipal waste combustor operator 
training and certification.

    For approval, a State plan shall include requirements for designated 
facilities for municipal waste combustor operator training and 
certification at least as protective as those requirements listed in 
Sec. 60.54b of subpart Eb of this part. The State plan shall require 
compliance with these requirements according to the schedule specified 
in Sec. 60.39b(c)(4).

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]



Sec. 60.36b  Emission guidelines for municipal waste combustor fugitive 
ash emissions.

    For approval, a State plan shall include requirements for municipal 
waste combustor fugitive ash emissions at least as protective as those 
requirements listed in Sec. 60.55b of subpart Eb of this part.



Sec. 60.37b  Emission guidelines for air curtain incinerators.

    For approval, a State plan shall include emission limits for opacity 
for air curtain incinerators at least as protective as those listed in 
Sec. 60.56b of subpart Eb of this part.



Sec. 60.38b  Compliance and performance testing.

    (a) For approval, a State plan shall include the performance testing 
methods listed in Sec. 60.58b of subpart Eb of this part, as 
applicable, except as provided for under Sec. 60.24(b)(2) of subpart B 
of this part and paragraphs (b) and (c) of this section.
    (b) For approval, a State plan shall include for designated 
facilities the alternative performance testing schedule

[[Page 122]]

for dioxins/furans specified in Sec. 60.58b(g)(5)(iii) of subpart Eb of 
this part, as applicable, for those designated facilities that achieve a 
dioxin/furan emission level less than or equal to 15 nanograms per dry 
standard cubic meter total mass, corrected to 7 percent oxygen.
    (c) [Reserved]

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]



Sec. 60.39b  Reporting and recordkeeping guidelines and compliance
schedules.

    (a) For approval, a State plan shall include the reporting and 
recordkeeping provisions listed in Sec. 60.59b of subpart Eb of this 
part, as applicable, except for the siting requirements under Sec. 
60.59b(a), (b)(5), and (d)(11) of subpart Eb of this part.
    (b) Except as provided in paragraph (e) of this section, not later 
than December 19, 1996, each State in which a designated facility is 
located shall submit to EPA a plan to implement and enforce all 
provisions of this subpart except the revised April 28, 2009 emission 
limits in Sec. 60.33b(a), (c), and (d). Not later than April 28, 2007, 
each State in which a designated facility is located shall submit to EPA 
a plan to implement and enforce all provisions of this subpart, as 
amended on May 10, 2006. The submittal schedule specified in this 
paragraph is in accordance with section 129(b)(2) of the Clean Air Act 
and applies instead of the schedule provided in Sec. 60.23(a)(1) of 
subpart B of this part.
    (c) For approval, a State plan that is submitted prior to May 10, 
2006 shall include the compliance schedules specified in paragraphs 
(c)(1) through (c)(5) of this section.
    (1) A State plan shall allow designated facilities to comply with 
all requirements of a State plan (or close) within 1 year after approval 
of the State plan, except as provided by paragraph (c)(1)(i) and 
(c)(1)(ii) of this section.
    (i) A State plan that allows designated facilities more than 1 year 
but less than 3 years following the date of issuance of a revised 
construction or operation permit, if a permit modification is required, 
or more than 1 year but less than 3 years following approval of the 
State plan, if a permit modification is not required, shall include 
measurable and enforceable incremental steps of progress toward 
compliance. Suggested measurable and enforceable activities are 
specified in paragraphs (c)(1)(i)(A) through (c)(1)(i)(J) of this 
section.
    (A) Date for obtaining services of an architectural and engineering 
firm regarding the air pollution control device(s);
    (B) Date for obtaining design drawings of the air pollution control 
device(s);
    (C) Date for submittal of permit modifications, if necessary;
    (D) Date for submittal of the final control plan to the 
Administrator. [Sec. 60.21 (h)(1) of subpart B of this part.];
    (E) Date for ordering the air pollution control device(s);
    (F) Date for obtaining the major components of the air pollution 
control device(s);
    (G) Date for initiation of site preparation for installation of the 
air pollution control device(s);
    (H) Date for initiation of installation of the air pollution control 
device(s);
    (I) Date for initial startup of the air pollution control device(s); 
and
    (J) Date for initial performance test(s) of the air pollution 
control device(s).
    (ii) A State plan that allows designated facilities more than 1 year 
but up to 3 years after State plan approval to close shall require a 
closure agreement. The closure agreement must include the date of plant 
closure.
    (2) If the State plan requirements for a designated facility include 
a compliance schedule longer than 1 year after approval of the State 
plan in accordance with paragraph (c)(1)(i) or (c)(1)(ii) of this 
section, the State plan submittal (for approval) shall include 
performance test results for dioxin/furan emissions for each designated 
facility that has a compliance schedule longer than 1 year following the 
approval of the State plan, and the performance test results shall have 
been conducted during or after 1990. The performance test shall be 
conducted according to the procedures in Sec. 60.38b.
    (3) [Reserved]

[[Page 123]]

    (4) A State plan shall require compliance with the municipal waste 
combustor operator training and certification requirements under Sec. 
60.35b according to the schedule specified in paragraphs (c)(4)(i) 
through (c)(4)(iii) of this section.
    (i) [Reserved]
    (ii) For designated facilities, the State plan shall require 
compliance with the municipal waste combustor operator training and 
certification requirements specified under Sec. 60.54b (a) through (c) 
of subpart Eb of this part by the date 6 months after the date of 
startup or 12 months after State plan approval, whichever is later.
    (iii) For designated facilities, the State plan shall require 
compliance with the requirements specified in Sec. 60.54b (d), (f), and 
(g) of subpart Eb of this part no later than 6 months after startup or 
12 months after State plan approval, whichever is later.
    (A) The requirement specified in Sec. 60.54b(d) of subpart Eb of 
this part does not apply to chief facility operators, shift supervisors, 
and control room operators who have obtained full certification from the 
American Society of Mechanical Engineers on or before the date of State 
plan approval.
    (B) The owner or operator of a designated facility may request that 
the Administrator waive the requirement specified in Sec. 60.54b(d) of 
subpart Eb of this part for chief facility operators, shift supervisors, 
and control room operators who have obtained provisional certification 
from the American Society of Mechanical Engineers on or before the 
initial date of State plan approval.
    (C) The initial training requirements specified in Sec. 
60.54b(f)(1) of subpart Eb of this part shall be completed no later than 
the date specified in paragraph (c)(4)(iii)(C)(1), (c)(4)(iii)(C)(2), or 
(c)(4)(iii)(C)(3), of this section whichever is later.
    (1) The date 6 months after the date of startup of the affected 
facility;
    (2) Twelve months after State plan approval; or
    (3) The date prior to the day when the person assumes 
responsibilities affecting municipal waste combustor unit operation.
    (5) A State plan shall require all designated facilities for which 
construction, modification, or reconstruction is commenced after June 
26, 1987 to comply with the emission limit for mercury specified in 
Sec. 60.33b(a)(3) and the emission limit for dioxins/furans specified 
in Sec. 60.33b(c)(1) within 1 year following issuance of a revised 
construction or operation permit, if a permit modification is required, 
or within 1 year following approval of the State plan, whichever is 
later.
    (d) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, except those specified under Sec. 60.33b (a)(4), (b)(3), 
and (d)(3), no later than December 19, 2000.
    (e) Not later than August 25, 1998, each State in which a designated 
facility is operating shall submit to EPA a plan to implement and 
enforce all provisions of this subpart specified in Sec. 60.33b(b)(3) 
and (d)(3) and the emission limit in paragraph (a)(4) that applies 
before April 28, 2009.
    (f) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, including those specified under Sec. 60.33b (a)(4), (b)(3), 
and (d)(3), no later than August 26, 2002.
    (g) For approval, a revised State plan submitted not later than 
April 28, 2007 in accordance with paragraph (b) of this section, shall 
include compliance schedules for meeting the revised April 28, 2009 
emission limits in Sec. 60.33b(a), (c), and (d) and the revised testing 
provisions in Sec. 60.38b(b).
    (1) Compliance with the revised April 28, 2009 emission limits is 
required as expeditiously as practicable, but no later than April 28, 
2009, except as provided in paragraph (g)(2) of this section.
    (2) The owner or operator of an affected facility who is planning an 
extensive emission control system upgrade may petition the Administrator 
for a longer compliance schedule and must demonstrate to the 
satisfaction of the Administrator the need for the

[[Page 124]]

additional time. If approved, the schedule may exceed the schedule in 
paragraph (g)(1) of this section, but cannot exceed May 10, 2011.
    (h) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, including the revised April 28, 2009 emission limits in 
Sec. 60.33b(a), (b), (c), (d), and Sec. 60.34b(a), and the revised 
testing provisions in Sec. 60.38b(b), no later than May 10, 2011.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 71 FR 27333, May 10, 2006]



 Sec. Table 1 to Subpart Cb of part 60--Nitrogen Oxides Guidelines for 
                          Designated Facilities

------------------------------------------------------------------------
                                   Before April 28,   On and after April
                                    2009,  nitrogen        28, 2009,
    Municipal waste combustor       oxides emission     nitrogen oxides
           technology              limit  (parts per    emission limit
                                  million by volume)  (parts per million
                                          \a\           by volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.............  205...............  205.
Mass burn rotary waterwall......  250...............  210.
Refuse-derived fuel combustor...  250...............  250.
Fluidized bed combustor.........  180...............  180.
Mass burn refractory combustors.  No limit..........  No limit.
------------------------------------------------------------------------
\a\ Corrected to 7 percent oxygen, dry basis.


[71 FR 27334, May 10, 2006]



   Sec. Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for 
 Existing Designated Facilities Included in an Emissions Averaging Plan 
            at a Municipal Waste Combustor Plant b

------------------------------------------------------------------------
                                                          On and after
                                     Before April 28,   April 28, 2009,
                                      2009, nitrogen    nitrogen oxides
     Municipal waste combustor       oxides emission     emission limit
            technology               limit (parts per      (parts per
                                        million by         million by
                                       volume) \b\        volume) \a\
------------------------------------------------------------------------
Mass burn waterwall...............                185                185
Mass burn rotary waterwall........                220                190
Refuse-derived fuel combustor.....                230                230
Fluidized bed combustor...........                165               165
------------------------------------------------------------------------
\a\ Mass burn refractory municipal waste combustors and other MWC
  technologies not listed above may not be included in an emissions
  averaging plan.
\b\ Corrected to 7 percent oxygen, dry basis.


[71 FR 27334, May 10, 2006]



    Sec. Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor 
                          Operating Guidelines

------------------------------------------------------------------------
                                     Carbon monoxide
                                     emissions levels
     Municipal waste combustor          (parts per       Averaging time
            technology                  million by         (hrs) \b\
                                       volume) \a\
------------------------------------------------------------------------
Mass burn waterwall...............                100                  4
Mass burn refractory..............                100                  4
Mass burn rotary refractory.......                100                 24
Mass burn rotary waterwall........                250                 24
Modular starved air...............                 50                  4
Modular excess air................                 50                  4
Refuse-derived fuel stoker........                200                 24
Fluidized bed, mixed fuel (wood/                  200             \c\ 24
 refuse-derived fuel).............
Bubbling fluidized bed combustor..                100                  4
Circulating fluidized bed                         100                  4
 combustor........................
Pulverized coal/refuse-derived                    150                  4
 fuel mixed fuel-fired combustor..
Spreader stoker coal/refuse-                      200                 24
 derived fuel mixed fuel-fired
 combustor........................
Semi-suspension refuse-derived                    250             \c\ 24
 fuel-fired combustor/wet refuse-
 derived fuel process conversion..

[[Page 125]]

 
Spreader stoker fixed floor refuse-               250            \c\ 24
 derived fuel-fired combustor/100
 percent coal capable.............
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen, dry basis.
  Calculated as an arithmetic average.
\b\ Averaging times are 4-hour or 24-hour block averages.
\c\ 24-hour block average, geometric mean.


[71 FR 27334, May 10, 2006]



Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

    Source: 61 FR 9919, Mar. 12, 1996, unless otherwise noted.



Sec. 60.30c  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from certain designated 
municipal solid waste landfills in accordance with section 111(d) of the 
Act and subpart B.



Sec. 60.31c  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A, B, and WWW of this part.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA Subtitle D wastes such as commercial solid waste, 
nonhazardous sludge, conditionally exempt small quantity generator 
waste, and industrial solid waste. Portions of an MSW landfill may be 
separated by access roads. An MSW landfill may be publicly or privately 
owned. An MSW landfill may be a new MSW landfill, an existing MSW 
landfill or a lateral expansion.



Sec. 60.32c  Designated facilities.

    (a) The designated facility to which the guidelines apply is each 
existing MSW landfill for which construction, reconstruction or 
modification was commenced before May 30, 1991.
    (b) Physical or operational changes made to an existing MSW landfill 
solely to comply with an emission guideline are not considered a 
modification or reconstruction and would not subject an existing MSW 
landfill to the requirements of subpart WWW [see Sec. 60.750 of subpart 
WWW].
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this subpart 
with a design capacity less than 2.5 million megagrams or 2.5 million 
cubic meters is not subject to the requirement to obtain an operating 
permit for the landfill under part 70 or 71 of this chapter, unless the 
landfill is otherwise subject to either part 70 or 71. For purposes of 
submitting a timely application for an operating permit under part 70 or 
71, the owner or operator of a MSW landfill subject to this subpart with 
a design capacity greater than or equal to 2.5 million megagrams and 2.5 
million cubic meters on the effective date of EPA approval of the 
State's program under section 111(d) of the Act, and not otherwise 
subject to either part 70 or 71, becomes subject to the requirements of 
Sec. Sec. 70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90 days after 
the effective date of such 111(d) program approval, even if the design 
capacity report is submitted earlier.
    (d) When a MSW landfill subject to this subpart is closed, the owner 
or operator is no longer subject to the requirement to maintain an 
operating permit under part 70 or 71 of this chapter for the landfill if 
the landfill is not otherwise subject to the requirements of either part 
70 or 71 and if either of the following conditions are met.
    (1) The landfill was never subject to the requirement for a control 
system under Sec. 60.33c(c) of this subpart; or

[[Page 126]]

    (2) The owner or operator meets the conditions for control system 
removal specified in Sec. 60.752(b)(2)(v) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



Sec. 60.33c  Emission guidelines for municipal solid waste landfill
emissions.

    (a) For approval, a State plan shall include control of MSW landfill 
emissions at each MSW landfill meeting the following three conditions:
    (1) The landfill has accepted waste at any time since November 8, 
1987, or has additional design capacity available for future waste 
deposition;
    (2) The landfill has a design capacity greater than or equal to 2.5 
million megagrams and 2.5 million cubic meters. The landfill may 
calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. Any density conversions shall be 
documented and submitted with the design capacity report; and
    (3) The landfill has a nonmethane organic compound emission rate of 
50 megagrams per year or more.
    (b) For approval, a State plan shall include the installation of a 
collection and control system meeting the conditions provided in Sec. 
60.752(b)(2)(ii) of this part at each MSW landfill meeting the 
conditions in paragraph (a) of this section. The State plan shall 
include a process for State review and approval of the site-specific 
design plans for the gas collection and control system(s).
    (c) For approval, a State plan shall include provisions for the 
control of collected MSW landfill emissions through the use of control 
devices meeting the requirements of paragraph (c)(1), (2), or (3) of 
this section, except as provided in Sec. 60.24.
    (1) An open flare designed and operated in accordance with the 
parameters established in Sec. 60.18; or
    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or
    (3) An enclosed combustor designed and operated to reduce the outlet 
NMOC concentration to 20 parts per million as hexane by volume, dry 
basis at 3 percent oxygen, or less.
    (d) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity less than 2.5 million 
megagrams by mass or 2.5 million cubic meters by volume to submit an 
initial design capacity report to the Administrator as provided in Sec. 
60.757(a)(2) of subpart WWW by the date specified in Sec. 60.35c of 
this subpart. The landfill may calculate design capacity in either 
megagrams or cubic meters for comparison with the exemption values. Any 
density conversions shall be documented and submitted with the report. 
Submittal of the initial design capacity report shall fulfill the 
requirements of this subpart except as provided in paragraph (d)(1) and 
(d)(2) of this section.
    (1) The owner or operator shall submit an amended design capacity 
report as provided in Sec. 60.757(a)(3) of subpart WWW. [Guidance: Note 
that if the design capacity increase is the result of a modification, as 
defined in Sec. 60.751 of subpart WWW, that was commenced on or after 
May 30, 1991, the landfill will become subject to subpart WWW instead of 
this subpart. If the design capacity increase is the result of a change 
in operating practices, density, or some other change that is not a 
modification, the landfill remains subject to this subpart.]
    (2) When an increase in the maximum design capacity of a landfill 
with an initial design capacity less than 2.5 million megagrams or 2.5 
million cubic meters results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator shall comply with paragraph (e) of this section.
    (e) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity equal to or greater than 2.5 
million megagrams and 2.5 million cubic meters to either install a 
collection and control system as provided in paragraph (b) of this 
section and Sec. 60.752(b)(2) of subpart WWW or calculate an initial 
NMOC emission rate for the landfill using the procedures specified in 
Sec. 60.34c of this subpart and Sec. 60.754 of subpart WWW. The NMOC

[[Page 127]]

emission rate shall be recalculated annually, except as provided in 
Sec. 60.757(b)(1)(ii) of subpart WWW.
    (1) If the calculated NMOC emission rate is less than 50 megagrams 
per year, the owner or operator shall:
    (i) Submit an annual emission report, except as provided for in 
Sec. 60.757(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec. 60.754(a)(1) of subpart WWW until such 
time as the calculated NMOC emission rate is equal to or greater than 50 
megagrams per year, or the landfill is closed.
    (2)(i) If the NMOC emission rate, upon initial calculation or annual 
recalculation required in paragraph (e)(1)(ii) of this section, is equal 
to or greater than 50 megagrams per year, the owner or operator shall 
install a collection and control system as provided in paragraph (b) of 
this section and Sec. 60.752(b)(2) of subpart WWW.
    (ii) If the landfill is permanently closed, a closure notification 
shall be submitted to the Administrator as provided in Sec. 60.35c of 
this subpart and Sec. 60.757(d) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998; 64 
FR 9261, Feb. 24, 1999]



Sec. 60.34c  Test methods and procedures.

    For approval, a State plan shall include provisions for: the 
calculation of the landfill NMOC emission rate listed in Sec. 60.754, 
as applicable, to determine whether the landfill meets the condition in 
Sec. 60.33c(a)(3); the operational standards in Sec. 60.753; the 
compliance provisions in Sec. 60.755; and the monitoring provisions in 
Sec. 60.756.



Sec. 60.35c  Reporting and recordkeeping guidelines.

    For approval, a State plan shall include the recordkeeping and 
reporting provisions listed in Sec. Sec. 60.757 and 60.758, as 
applicable, except as provided under Sec. 60.24.
    (a) For existing MSW landfills subject to this subpart the initial 
design capacity report shall be submitted no later than 90 days after 
the effective date of EPA approval of the State's plan under section 
111(d) of the Act.
    (b) For existing MSW landfills covered by this subpart with a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters, the initial NMOC emission rate report shall be submitted 
no later than 90 days after the effective date of EPA approval of the 
State's plan under section 111(d) of the Act.

[61 FR 9919, Mar. 12, 1996, as amended at 64 FR 9262, Feb. 24, 1999]



Sec. 60.36c  Compliance times.

    (a) Except as provided for under paragraph (b) of this section, 
planning, awarding of contracts, and installation of MSW landfill air 
emission collection and control equipment capable of meeting the 
emission guidelines established under Sec. 60.33c shall be accomplished 
within 30 months after the date the initial NMOC emission rate report 
shows NMOC emissions equal or exceed 50 megagrams per year.
    (b) For each existing MSW landfill meeting the conditions in Sec. 
60.33c(a)(1) and Sec. 60.33c(a)(2) whose NMOC emission rate is less 
than 50 megagrams per year on the effective date of the State emission 
standard, installation of collection and control systems capable of 
meeting emission guidelines in Sec. 60.33c shall be accomplished within 
30 months of the date when the condition in Sec. 60.33c(a)(3) is met 
(i.e., the date of the first annual nonmethane organic compounds 
emission rate which equals or exceeds 50 megagrams per year).

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



 Subpart Cd_Emissions Guidelines and Compliance Times for Sulfuric Acid 
                            Production Units

    Source: 60 FR 65414, Dec. 19, 1995, unless otherwise noted.



Sec. 60.30d  Designated facilities.

    Sulfuric acid production units. The designated facility to which 
Sec. Sec. 60.31d and 60.32d apply is each existing ``sulfuric acid 
production unit'' as defined in Sec. 60.81(a) of subpart H of this 
part.

[[Page 128]]



Sec. 60.31d  Emissions guidelines.

    Sulfuric acid production units. The emission guideline for 
designated facilities is 0.25 grams sulfuric acid mist (as measured by 
EPA Reference Method 8 of appendix A of this part) per kilogram (0.5 
pounds per ton) of sulfuric acid produced, the production being 
expressed as 100 percent sulfuric acid.



Sec. 60.32d  Compliance times.

    Sulfuric acid production units. Planning, awarding of contracts, and 
installation of equipment capable of attaining the level of the emission 
guideline established under Sec. 60.31d can be accomplished within 17 
months after the effective date of a State emission standard for 
sulfuric acid mist.



    Subpart Ce_Emission Guidelines and Compliance Times for Hospital/
                  Medical/Infectious Waste Incinerators

    Source: 62 FR 48379, Sept. 15, 1997, unless otherwise noted.



Sec. 60.30e  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from hospital/medical/
infectious waste incinerator(s) (HMIWI) in accordance with sections 111 
and 129 of the Clean Air Act and subpart B of this part. The provisions 
in these emission guidelines supersede the provisions of Sec. 60.24(f) 
of subpart B of this part.



Sec. 60.31e  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and in subparts A, B, and Ec of this part.
    Standard Metropolitan Statistical Area or SMSA means any areas 
listed in OMB Bulletin No. 93-17 entitled ``Revised Statistical 
Definitions for Metropolitan Areas'' dated June 30, 1993 (incorporated 
by reference, see Sec. 60.17).



Sec. 60.32e  Designated facilities.

    (a) Except as provided in paragraphs (b) through (h) of this 
section, the designated facility to which the guidelines apply is each 
individual HMIWI:
    (1) For which construction was commenced on or before June 20, 1996, 
or for which modification was commenced on or before March 16, 1998.
    (2) For which construction was commenced after June 20, 1996 but no 
later than December 1, 2008, or for which modification is commenced 
after March 16, 1998 but no later than April 6, 2010.
    (b) A combustor is not subject to this subpart during periods when 
only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste (all defined in Sec. 60.51c) is burned, provided 
the owner or operator of the combustor:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Keeps records on a calendar quarter basis of the periods of time 
when only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste is burned.
    (c) Any co-fired combustor (defined in Sec. 60.51c) is not subject 
to this subpart if the owner or operator of the co-fired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides an estimate of the relative weight of hospital waste, 
medical/infectious waste, and other fuels and/or wastes to be combusted; 
and
    (3) Keeps records on a calendar quarter basis of the weight of 
hospital waste and medical/infectious waste combusted, and the weight of 
all other fuels and wastes combusted at the co-fired combustor.
    (d) Any combustor required to have a permit under Section 3005 of 
the Solid Waste Disposal Act is not subject to this subpart.
    (e) Any combustor which meets the applicability requirements under 
subpart Cb, Ea, or Eb of this part (standards or guidelines for certain 
municipal waste combustors) is not subject to this subpart.
    (f) Any pyrolysis unit (defined in Sec. 60.51c) is not subject to 
this subpart.
    (g) Cement kilns firing hospital waste and/or medical/infectious 
waste are not subject to this subpart.
    (h) Physical or operational changes made to an existing HMIWI unit 
solely for the purpose of complying with emission guidelines under this 
subpart

[[Page 129]]

are not considered a modification and do not result in an existing HMIWI 
unit becoming subject to the provisions of subpart Ec (see Sec. 
60.50c).
    (i) Beginning September 15, 2000, or on the effective date of an EPA 
approved operating permit program under Clean Air Act title V and the 
implementing regulations under 40 CFR part 70 in the State in which the 
unit is located, whichever date is later, designated facilities subject 
to this subpart shall operate pursuant to a permit issued under the EPA-
approved operating permit program.
    (j) The requirements of this subpart as promulgated on September 15, 
1997, shall apply to the designated facilities defined in paragraph 
(a)(1) of this section until the applicable compliance date of the 
requirements of this subpart, as amended on October 6, 2009. Upon the 
compliance date of the requirements of this subpart, designated 
facilities as defined in paragraph (a)(1) of this section are no longer 
subject to the requirements of this subpart, as promulgated on September 
15, 1997, but are subject to the requirements of this subpart, as 
amended on October 6, 2009.
    (k) The authorities listed under Sec. 60.50c(i) shall be retained 
by the Administrator and not be transferred to a state.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51402, Oct. 6, 2009; 76 
FR 18412, Apr. 4, 2011]



Sec. 60.33e  Emissions guidelines.

    (a) For approval, a State plan shall include the requirements for 
emissions limits at least as protective as the following requirements, 
as applicable:
    (1) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions guidelines as promulgated on September 15, 
1997, the requirements listed in Table 1A of this subpart, except as 
provided in paragraph (b) of this section.
    (2) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions guidelines as amended on October 6, 2009, the 
requirements listed in Table 1B of this subpart, except as provided in 
paragraph (b) of this section.
    (3) For a designated facility as defined in Sec. 60.32e(a)(2), the 
more stringent of the requirements listed in Table 1B of this subpart 
and Table 1A of subpart Ec of this part.
    (b) For approval, a State plan shall include the requirements for 
emissions limits for any small HMIWI constructed on or before June 20, 
1996, which is located more than 50 miles from the boundary of the 
nearest Standard Metropolitan Statistical Area (defined in Sec. 60.31e) 
and which burns less than 2,000 pounds per week of hospital waste and 
medical/infectious waste that are at least as protective as the 
requirements in paragraphs (b)(1) and (b)(2) of this section, as 
applicable. The 2,000 lb/week limitation does not apply during 
performance tests.
    (1) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions guidelines as promulgated on September 15, 
1997, the requirements listed in Table 2A of this subpart.
    (2) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions guidelines as amended on October 6, 2009, the 
requirements listed in Table 2B of this subpart.
    (c) For approval, a State plan shall include the requirements for 
stack opacity at least as protective as the following, as applicable:
    (1) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions guidelines as promulgated on September 15, 
1997, the requirements in Sec. 60.52c(b)(1) of subpart Ec of this part.
    (2) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions guidelines as amended on October 6, 2009 and a 
designated facility as defined in Sec. 60.32e(a)(2), the requirements 
in Sec. 60.52c(b)(2) of subpart Ec of this part.

[74 FR 51403, Oct. 6, 2009]



Sec. 60.34e  Operator training and qualification guidelines.

    For approval, a State plan shall include the requirements for 
operator training and qualification at least as protective as those 
requirements listed in Sec. 60.53c of subpart Ec of this part. The 
State plan shall require compliance with these requirements according to 
the schedule specified in Sec. 60.39e(e).

[[Page 130]]



Sec. 60.35e  Waste management guidelines.

    For approval, a State plan shall include the requirements for a 
waste management plan at least as protective as those requirements 
listed in Sec. 60.55c of subpart Ec of this part.



Sec. 60.36e  Inspection guidelines.

    (a) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec. 60.33e(b) and each HMIWI 
subject to the emissions limits under Sec. 60.33e(a)(2) and (a)(3) to 
undergo an initial equipment inspection that is at least as protective 
as the following within 1 year following approval of the State plan:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation; clean pilot flame sensor, as necessary;
    (ii) Ensure proper adjustment of primary and secondary chamber 
combustion air, and adjust as necessary;
    (iii) Inspect hinges and door latches, and lubricate as necessary;
    (iv) Inspect dampers, fans, and blowers for proper operation;
    (v) Inspect HMIWI door and door gaskets for proper sealing;
    (vi) Inspect motors for proper operation;
    (vii) Inspect primary chamber refractory lining; clean and repair/
replace lining as necessary;
    (viii) Inspect incinerator shell for corrosion and/or hot spots;
    (ix) Inspect secondary/tertiary chamber and stack, clean as 
necessary;
    (x) Inspect mechanical loader, including limit switches, for proper 
operation, if applicable;
    (xi) Visually inspect waste bed (grates), and repair/seal, as 
appropriate;
    (xii) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments;
    (xiii) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (xiv) Inspect waste heat boiler systems to ensure proper operation, 
if applicable;
    (xv) Inspect bypass stack components;
    (xvi) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (xvii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an equipment inspection all 
necessary repairs shall be completed unless the owner or operator 
obtains written approval from the State agency establishing a date 
whereby all necessary repairs of the designated facility shall be 
completed.
    (b) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec. 60.33e(b) and each HMIWI 
subject to the emissions limits under Sec. 60.33e(a)(2) and (a)(3) to 
undergo an equipment inspection annually (no more than 12 months 
following the previous annual equipment inspection), as outlined in 
paragraph (a) of this section.
    (c) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec. 60.33e(b)(2) and each HMIWI 
subject to the emissions limits under Sec. 60.33e(a)(2) and (a)(3) to 
undergo an initial air pollution control device inspection, as 
applicable, that is at least as protective as the following within 1 
year following approval of the State plan:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect air pollution control device(s) for proper operation, if 
applicable;
    (ii) Ensure proper calibration of thermocouples, sorbent feed 
systems, and any other monitoring equipment; and
    (iii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs shall be completed unless the 
owner or operator obtains written approval from the State agency 
establishing a date whereby all necessary repairs of the designated 
facility shall be completed.
    (d) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec. 60.33e(b)(2)

[[Page 131]]

and each HMIWI subject to the emissions limits under Sec. 60.33e(a)(2) 
and (a)(3) to undergo an air pollution control device inspection, as 
applicable, annually (no more than 12 months following the previous 
annual air pollution control device inspection), as outlined in 
paragraph (c) of this section.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51403, Oct. 6, 2009]



Sec. 60.37e  Compliance, performance testing, and monitoring guidelines.

    (a) Except as provided in paragraph (b) of this section, for 
approval, a State plan shall include the requirements for compliance and 
performance testing listed in Sec. 60.56c of subpart Ec of this part, 
with the following exclusions:
    (1) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions limits in Sec. 60.33e(a)(1), the test methods 
listed in Sec. 60.56c(b)(7) and (8), the fugitive emissions testing 
requirements under Sec. 60.56c(b)(14) and (c)(3), the CO CEMS 
requirements under Sec. 60.56c(c)(4), and the compliance requirements 
for monitoring listed in Sec. 60.56c(c)(5)(ii) through (v), (c)(6), 
(c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), 
and (h).
    (2) For a designated facility as defined in Sec. 60.32e(a)(1) and 
(a)(2) subject to the emissions limits in Sec. 60.33e(a)(2) and (a)(3), 
the annual fugitive emissions testing requirements under Sec. 
60.56c(c)(3), the CO CEMS requirements under Sec. 60.56c(c)(4), and the 
compliance requirements for monitoring listed in Sec. 60.56c(c)(5)(ii) 
through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), 
and (g)(6) through (10). Sources subject to the emissions limits under 
Sec. 60.33e(a)(2) and (a)(3) may, however, elect to use CO CEMS as 
specified under Sec. 60.56c(c)(4) or bag leak detection systems as 
specified under Sec. 60.57c(h).
    (b) Except as provided in paragraphs (b)(1) and (b)(2) of this 
section, for approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec. 60.33e(b) to meet the 
performance testing requirements listed in Sec. 60.56c of subpart Ec of 
this part. The 2,000 lb/week limitation under Sec. 60.33e(b) does not 
apply during performance tests.
    (1) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to the emissions limits under Sec. 60.33e(b)(1), the test 
methods listed in Sec. 60.56c(b)(7), (8), (12), (13) (Pb and Cd), and 
(14), the annual PM, CO, and HCl emissions testing requirements under 
Sec. 60.56c(c)(2), the annual fugitive emissions testing requirements 
under Sec. 60.56c(c)(3), the CO CEMS requirements under Sec. 
60.56c(c)(4), and the compliance requirements for monitoring listed in 
Sec. 60.56c(c)(5) through (7), and (d) through (k) do not apply.
    (2) For a designated facility as defined in Sec. 60.32e(a)(2) 
subject to the emissions limits under Sec. 60.33e(b)(2), the annual 
fugitive emissions testing requirements under Sec. 60.56c(c)(3), the CO 
CEMS requirements under Sec. 60.56c(c)(4), and the compliance 
requirements for monitoring listed in Sec. 60.56c(c)(5)(ii) through 
(v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and 
(g)(6) through (10) do not apply. Sources subject to the emissions 
limits under Sec. 60.33e(b)(2) may, however, elect to use CO CEMS as 
specified under Sec. 60.56c(c)(4) or bag leak detection systems as 
specified under Sec. 60.57c(h).
    (c) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec. 60.33e(b) that is not 
equipped with an air pollution control device to meet the following 
compliance and performance testing requirements:
    (1) Establish maximum charge rate and minimum secondary chamber 
temperature as site-specific operating parameters during the initial 
performance test to determine compliance with applicable emission 
limits.
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, ensure that the designated facility does not operate 
above the maximum charge rate or below the minimum secondary chamber 
temperature measured as 3-hour rolling averages (calculated each hour as 
the average of the previous 3 operating hours) at all times. Operating 
parameter limits do not apply during performance tests. Operation above 
the maximum charge rate or

[[Page 132]]

below the minimum secondary chamber temperature shall constitute a 
violation of the established operating parameter(s).
    (3) Except as provided in paragraph (c)(4) of this section, 
operation of the designated facility above the maximum charge rate and 
below the minimum secondary chamber temperature (each measured on a 3-
hour rolling average) simultaneously shall constitute a violation of the 
PM, CO, and dioxin/furan emissions limits.
    (4) The owner or operator of a designated facility may conduct a 
repeat performance test within 30 days of violation of applicable 
operating parameter(s) to demonstrate that the designated facility is 
not in violation of the applicable emissions limit(s). Repeat 
performance tests conducted pursuant to this paragraph must be conducted 
under process and control device operating conditions duplicating as 
nearly as possible those that indicated a violation under paragraph 
(c)(3) of this section.
    (d) For approval, a State plan shall include the requirements for 
monitoring listed in Sec. 60.57c of subpart Ec of this part for HMIWI 
subject to the emissions limits under Sec. 60.33e(a) and (b), except as 
provided for under paragraph (e) of this section.
    (e) For approval, a State plan shall require small HMIWI subject to 
the emissions limits under Sec. 60.33e(b) that are not equipped with an 
air pollution control device to meet the following monitoring 
requirements:
    (1) Install, calibrate (to manufacturers' specifications), maintain, 
and operate a device for measuring and recording the temperature of the 
secondary chamber on a continuous basis, the output of which shall be 
recorded, at a minimum, once every minute throughout operation.
    (2) Install, calibrate (to manufacturers' specifications), maintain, 
and operate a device which automatically measures and records the date, 
time, and weight of each charge fed into the HMIWI.
    (3) The owner or operator of a designated facility shall obtain 
monitoring data at all times during HMIWI operation except during 
periods of monitoring equipment malfunction, calibration, or repair. At 
a minimum, valid monitoring data shall be obtained for 75 percent of the 
operating hours per day for 90 percent of the operating hours per 
calendar quarter that the designated facility is combusting hospital 
waste and/or medical/infectious waste.
    (f) The owner or operator of a designated facility as defined in 
Sec. 60.32e(a)(1) or (a)(2) subject to emissions limits under Sec. 
60.33e(a)(2), (a)(3), or (b)(2) may use the results of previous 
emissions tests to demonstrate compliance with the emissions limits, 
provided that the conditions in paragraphs (f)(1) through (f)(3) of this 
section are met:
    (1) The designated facility's previous emissions tests must have 
been conducted using the applicable procedures and test methods listed 
in Sec. 60.56c(b) of subpart Ec of this part. Previous emissions test 
results obtained using EPA-accepted voluntary consensus standards are 
also acceptable.
    (2) The HMIWI at the designated facility shall currently be operated 
in a manner (e.g., with charge rate, secondary chamber temperature, 
etc.) that would be expected to result in the same or lower emissions 
than observed during the previous emissions test(s), and the HMIWI may 
not have been modified such that emissions would be expected to exceed 
(notwithstanding normal test-to-test variability) the results from 
previous emissions test(s).
    (3) The previous emissions test(s) must have been conducted in 1996 
or later.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51403, Oct. 6, 2009]



Sec. 60.38e  Reporting and recordkeeping guidelines.

    (a) Except as provided in paragraphs (a)(1) and (a)(2) of this 
section, for approval, a State plan shall include the reporting and 
recordkeeping requirements listed in Sec. 60.58c(b) through (g) of 
subpart Ec of this part.
    (1) For a designated facility as defined in Sec. 60.32e(a)(1) 
subject to emissions limits under Sec. 60.33e(a)(1) or (b)(1), 
excluding Sec. 60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) 
(NOX reagent), (b)(2)(xvii) (air pollution control device

[[Page 133]]

inspections), (b)(2)(xviii) (bag leak detection system alarms), 
(b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
    (2) For a designated facility as defined in Sec. 60.32e(a)(1) or 
(a)(2) subject to emissions limits under Sec. 60.33e(a)(2), (a)(3), or 
(b)(2), excluding Sec. 60.58c(b)(2)(xviii) (bag leak detection system 
alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
    (b) For approval, a State plan shall require the owner or operator 
of each HMIWI subject to the emissions limits under Sec. 60.33e to:
    (1) As specified in Sec. 60.36e, maintain records of the annual 
equipment inspections that are required for each HMIWI subject to the 
emissions limits under Sec. 60.33e(a)(2), (a)(3), and (b), and the 
annual air pollution control device inspections that are required for 
each HMIWI subject to the emissions limits under Sec. 60.33e(a)(2), 
(a)(3), and (b)(2), any required maintenance, and any repairs not 
completed within 10 days of an inspection or the timeframe established 
by the State regulatory agency; and
    (2) Submit an annual report containing information recorded under 
paragraph (b)(1) of this section no later than 60 days following the 
year in which data were collected. Subsequent reports shall be sent no 
later than 12 calendar months following the previous report (once the 
unit is subject to permitting requirements under Title V of the Act, the 
owner or operator must submit these reports semiannually). The report 
shall be signed by the facilities manager.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51404, Oct. 6, 2009]



Sec. 60.39e  Compliance times.

    (a) Each State in which a designated facility is operating shall 
submit to the Administrator a plan to implement and enforce the 
emissions guidelines as specified in paragraphs (a)(1) and (a)(2) of 
this section:
    (1) Not later than September 15, 1998, for the emissions guidelines 
as promulgated on September 15, 1997.
    (2) Not later than October 6, 2010, for the emissions guidelines as 
amended on October 6, 2009.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
State plans shall provide that designated facilities comply with all 
requirements of the State plan on or before the date 1 year after EPA 
approval of the State plan, regardless of whether a designated facility 
is identified in the State plan inventory required by Sec. 60.25(a) of 
subpart B of this part.
    (c) State plans that specify measurable and enforceable incremental 
steps of progress towards compliance for designated facilities planning 
to install the necessary air pollution control equipment may allow 
compliance on or before the date 3 years after EPA approval of the State 
plan (but not later than September 16, 2002), for the emissions 
guidelines as promulgated on September 15, 1997, and on or before the 
date 3 years after approval of an amended State plan (but not later than 
October 6, 2014), for the emissions guidelines as amended on October 6, 
2009). Suggested measurable and enforceable activities to be included in 
State plans are:
    (1) Date for submitting a petition for site-specific operating 
parameters under Sec. 60.56c(j) of subpart Ec of this part.
    (2) Date for obtaining services of an architectural and engineering 
firm regarding the air pollution control device(s);
    (3) Date for obtaining design drawings of the air pollution control 
device(s);
    (4) Date for ordering the air pollution control device(s);
    (5) Date for obtaining the major components of the air pollution 
control device(s);
    (6) Date for initiation of site preparation for installation of the 
air pollution control device(s);
    (7) Date for initiation of installation of the air pollution control 
device(s);
    (8) Date for initial startup of the air pollution control device(s); 
and
    (9) Date for initial compliance test(s) of the air pollution control 
device(s).
    (d) State plans that include provisions allowing designated 
facilities to petition the State for extensions beyond the compliance 
times required in paragraph (b) of this section shall:

[[Page 134]]

    (1) Require that the designated facility requesting an extension 
submit the following information in time to allow the State adequate 
time to grant or deny the extension within 1 year after EPA approval of 
the State plan:
    (i) Documentation of the analyses undertaken to support the need for 
an extension, including an explanation of why up to 3 years after EPA 
approval of the State plan is sufficient time to comply with the State 
plan while 1 year after EPA approval of the State plan is not 
sufficient. The documentation shall also include an evaluation of the 
option to transport the waste offsite to a commercial medical waste 
treatment and disposal facility on a temporary or permanent basis; and
    (ii) Documentation of measurable and enforceable incremental steps 
of progress to be taken towards compliance with the emission guidelines.
    (2) Include procedures for granting or denying the extension; and
    (3) If an extension is granted, require expeditious compliance with 
the emissions guidelines on or before the date 3 years after EPA 
approval of the state plan (but not later than September 16, 2002), for 
the emissions guidelines as promulgated on September 15, 1997, and on or 
before the date 3 years after EPA approval of an amended state plan (but 
not later than October 6, 2014), for the emissions guidelines as amended 
on October 6, 2009.
    (e) For approval, a State plan shall require compliance with Sec. 
60.34e--Operator training and qualification guidelines and Sec. 
60.36e--Inspection guidelines by the date 1 year after EPA approval of a 
State plan.
    (f) The Administrator shall develop, implement, and enforce a plan 
for existing HMIWI located in any State that has not submitted an 
approvable plan within 2 years after September 15, 1997, for the 
emissions guidelines as promulgated on September 15, 1997, and within 2 
years after October 6, 2009 for the emissions guidelines as amended on 
October 6, 2009. Such plans shall ensure that each designated facility 
is in compliance with the provisions of this subpart no later than 5 
years after September 15, 1997, for the emissions guidelines as 
promulgated on September 15, 1997, and no later than 5 years after 
October 6, 2009 for the emissions guidelines as amended on October 6, 
2009.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51404, Oct. 6, 2009; 76 
FR 18412, Apr. 4, 2011]



  Sec. Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, 
  Medium, and Large HMIWI at Designated Facilities as Defined in Sec. 
                              60.32e(a)(1)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Emissions limits
                                                    ---------------------------------------------------------------                        Method for
           Pollutant              Units (7 percent                             HMIWI size                             Averaging time     demonstrating
                                 oxygen, dry basis) ---------------------------------------------------------------        \1\           compliance \2\
                                                            Small               Medium                Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.............  Milligrams per dry  115 (0.05).........  69 (0.03).........  34 (0.015)..........  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 5 of
                                  meter (mg/dscm)                                                                    sample time per    appendix A-3 of
                                  (grains per dry                                                                    run).              part 60, or EPA
                                  standard cubic                                                                                        Reference Method
                                  foot (gr/dscf)).                                                                                      26A or 29 of
                                                                                                                                        appendix A-8 of
                                                                                                                                        part 60.
Carbon monoxide................  Parts per million   40.................  40................  40..................  3-run average (1-  EPA Reference
                                  by volume (ppmv).                                                                  hour minimum       Method 10 or 10B
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.

[[Page 135]]

 
Dioxins/furans.................  Nanograms per dry   125 (55) or 2.3      125 (55) or 2.3     125 (55) or 2.3       3-run average (4-  EPA Reference
                                  standard cubic      (1.0).               (1.0).              (1.0).                hour minimum       Method 23 of
                                  meter total                                                                        sample time per    appendix A-7 of
                                  dioxins/furans                                                                     run).              part 60.
                                  (ng/dscm) (grains
                                  per billion dry
                                  standard cubic
                                  feet (gr/10\9\
                                  dscf)) or ng/dscm
                                  TEQ (gr/10\9\
                                  dscf).
Hydrogen chloride..............  ppmv or percent     100 or 93%.........  100 or 93%........  100 or 93%..........  3-run average (1-  EPA Reference
                                  reduction.                                                                         hour minimum       Method 26 or 26A
                                                                                                                     sample time per    of appendix A-8
                                                                                                                     run).              of part 60.
Sulfur dioxide.................  ppmv..............  55.................  55................  55..................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 6 or 6C
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Nitrogen oxides................  ppmv..............  250................  250...............  250.................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 7 or 7E
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Lead...........................  mg/dscm (grains     1.2 (0.52) or 70%..  1.2 (0.52) or 70%.  1.2 (0.52) or 70%...  3-run average (1-  EPA Reference
                                  per thousand dry                                                                   hour minimum       Method 29 of
                                  standard cubic                                                                     sample time per    appendix A-8 of
                                  feet (gr/10\3\                                                                     run).              part 60.
                                  dscf)) or percent
                                  reduction.
Cadmium........................  mg/dscm (gr/10\3\   0.16 (0.07) or 65%.  0.16 (0.07) or 65%  0.16 (0.07) or 65%..  3-run average (1-  EPA Reference
                                  dscf) or percent                                                                   hour minimum       Method 29 of
                                  reduction.                                                                         sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
Mercury........................  mg/dscm (gr/10\3\   0.55 (0.24) or 85%.  0.55 (0.24) or 85%  0.55 (0.24) or 85%..  3-run average (1-  EPA Reference
                                  dscf) or percent                                                                   hour minimum       Method 29 of
                                  reduction.                                                                         sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).


[[Page 136]]


[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51405, Oct. 6, 2009; 76 
FR 18412, Apr. 4, 2011]



  Sec. Table 1B to Subpart Ce of Part 60--Emissions Limits for Small, 
  Medium, and Large HMIWI at Designated Facilities as Defined in Sec. 
                         60.32e(a)(1) and (a)(2)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Emissions limits
                                                    ---------------------------------------------------------------                        Method for
           Pollutant              Units  (7 percent                            HMIWI size                             Averaging time     demonstrating
                                 oxygen, dry basis) ---------------------------------------------------------------        \1\           compliance \2\
                                                            Small                Medium               Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.............  Milligrams per dry  66 (0.029).........  46 (0.020).........  25 (0.011).........  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 5 of
                                  meter (mg/dscm)                                                                    sample time per    appendix A-3 of
                                  (grains per dry                                                                    run).              part 60, or EPA
                                  standard cubic                                                                                        Reference Method
                                  foot (gr/dscf)).                                                                                      26A or 29 of
                                                                                                                                        appendix A-8 of
                                                                                                                                        part 60.
Carbon monoxide................  Parts per million   20.................  5.5................  11.................  3-run average (1-  EPA Reference
                                  by volume (ppmv).                                                                  hour minimum       Method 10 or 10B
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Dioxins/furans.................  Nanograms per dry   16 (7.0) or 0.013    0.85 (0.37) or       9.3 (4.1) or 0.054   3-run average (4-  EPA Reference
                                  standard cubic      (0.0057).            0.020 (0.0087).      (0.024).             hour minimum       Method 23 of
                                  meter total                                                                        sample time per    appendix A-7 of
                                  dioxins/furans                                                                     run).              part 60.
                                  (ng/dscm) (grains
                                  per billion dry
                                  standard cubic
                                  feet (gr/10\9\
                                  dscf)) or ng/dscm
                                  TEQ (gr/10\9\
                                  dscf).
Hydrogen chloride..............  ppmv..............  44.................  7.7................  6.6................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 26 or 26A
                                                                                                                     sample time per    of appendix A-8
                                                                                                                     run).              of part 60.
Sulfur dioxide.................  ppmv..............  4.2................  4.2................  9.0................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 6 or 6C
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Nitrogen oxides................  ppmv..............  190................  190................  140................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 7 or 7E
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Lead...........................  mg/dscm (grains     0.31 (0.14)........  0.018 (0.0079).....  0.036 (0.016)......  3-run average (1-  EPA Reference
                                  per thousand dry                                                                   hour minimum       Method 29 of
                                  standard cubic                                                                     sample time per    appendix A-8 of
                                  feet (gr/10\3\                                                                     run).              part 60.
                                  dscf)).

[[Page 137]]

 
Cadmium........................  mg/dscm (gr/10\3\   0.017 (0.0074).....  0.013 (0.0057).....  0.0092 (0.0040)....  3-run average (1-  EPA Reference
                                  dscf).                                                                             hour minimum       Method 29 of
                                                                                                                     sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
Mercury........................  mg/dscm (gr/10\3\   0.014 (0.0061).....  0.025 (0.011)......  0.018 (0.0079).....  3-run average (1-  EPA Reference
                                  dscf).                                                                             hour minimum       Method 29 of
                                                                                                                     sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).


[74 FR 51406, Oct. 6, 2009]



  Sec. Table 2A to Subpart Ce of Part 60--Emissions Limits for Small 
         HMIWI Which Meet the Criteria Under Sec. 60.33e(b)(1)

----------------------------------------------------------------------------------------------------------------
                                Units  (7 percent                                                  Method for
           Pollutant               oxygen, dry      HMIWI emissions limits    Averaging time     demonstrating
                                      basis)                                       \1\           compliance \2\
----------------------------------------------------------------------------------------------------------------
Particulate matter............  mg/dscm (gr/dscf)  197 (0.086)............  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 5 of
                                                                             sample time per    appendix A-3 of
                                                                             run).              part 60, or EPA
                                                                                                Reference Method
                                                                                                26A or 29 of
                                                                                                appendix A-8 of
                                                                                                part 60.
Carbon monoxide...............  ppmv.............  40.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 10 or 10B
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Dioxins/furans................  ng/dscm total      800 (350) or 15 (6.6)..  3-run average (4-  EPA Reference
                                 dioxins/furans                              hour minimum       Method 23 of
                                 (gr/10\9\ dscf)                             sample time per    appendix A-7 of
                                 or ng/dscm TEQ                              run).              part 60.
                                 (gr/10\9\ dscf).
Hydrogen chloride.............  ppmv.............  3,100..................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 26 or 26A
                                                                             sample time per    of appendix A-8
                                                                             run).              of part 60.
Sulfur dioxide................  ppmv.............  55.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 6 or 6C
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Nitrogen oxides...............  ppmv.............  250....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 7 or 7E
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Lead..........................  mg/dscm (gr/10\3\  10 (4.4)...............  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Cadmium.......................  mg/dscm (gr/10\3\  4 (1.7)................  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Mercury.......................  mg/dscm (gr/10\3\  7.5 (3.3)..............  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
----------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).


[74 FR 51407, Oct. 6, 2009]



Sec. Table 2B to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
            Which Meet the Criteria Under Sec. 60.33e(b)(2)

[[Page 138]]



----------------------------------------------------------------------------------------------------------------
                                Units  (7 percent                                                  Method for
           Pollutant               oxygen, dry      HMIWI Emissions limits    Averaging time     demonstrating
                                      basis)                                       \1\           compliance \2\
----------------------------------------------------------------------------------------------------------------
Particulate matter............  mg/dscm (gr/dscf)  87 (0.038).............  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 5 of
                                                                             sample time per    appendix A-3 of
                                                                             run).              part 60, or EPA
                                                                                                Reference Method
                                                                                                26A or 29 of
                                                                                                appendix A-8 of
                                                                                                part 60.
Carbon monoxide...............  ppmv.............  20.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 10 or 10B
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Dioxins/furans................  ng/dscm total      240 (100) or 5.1 (2.2).  3-run average (4-  EPA Reference
                                 dioxins/furans                              hour minimum       Method 23 of
                                 (gr/10\9\ dscf)                             sample time per    appendix A-7 of
                                 or ng/dscm TEQ                              run).              part 60.
                                 (gr/10\9\ dscf).
Hydrogen chloride.............  ppmv.............  810....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 26 or 26A
                                                                             sample time per    of appendix A-8
                                                                             run).              of part 60.
Sulfur dioxide................  ppmv.............  55.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 6 or 6C
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Nitrogen oxides...............  ppmv.............  130....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 7 or 7E
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Lead..........................  mg/dscm (gr/10\3\  0.50 (0.22)............  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Cadmium.......................  mg/dscm (gr/10\3\  0.11 (0.048)...........  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Mercury.......................  mg/dscm (gr/10\3\  0.0051 (0.0022)........  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
----------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).


[74 FR 51407, Oct. 6, 2009]



     Subpart D_Standards of Performance for Fossil-Fuel-Fired Steam 
  Generators for Which Construction Is Commenced After August 17, 1971

    Source: 72 FR 32717, June 13, 2007, unless otherwise noted.



Sec. 60.40  Applicability and designation of affected facility.

    (a) The affected facilities to which the provisions of this subpart 
apply are:
    (1) Each fossil-fuel-fired steam generating unit of more than 73 
megawatts (MW) heat input rate (250 million British thermal units per 
hour (MMBtu/hr)).
    (2) Each fossil-fuel and wood-residue-fired steam generating unit 
capable of firing fossil fuel at a heat input rate of more than 73 MW 
(250 MMBtu/hr).
    (b) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels as defined in this subpart, shall not bring that unit under the 
applicability of this subpart.
    (c) Except as provided in paragraph (d) of this section, any 
facility under paragraph (a) of this section that commenced construction 
or modification after August 17, 1971, is subject to the requirements of 
this subpart.
    (d) The requirements of Sec. Sec. 60.44 (a)(4), (a)(5), (b) and 
(d), and 60.45(f)(4)(vi) are applicable to lignite-fired steam 
generating units that commenced construction or modification after 
December 22, 1976.
    (e) Any facility covered under subpart Da is not covered under this 
subpart.



Sec. 60.41  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, and in subpart A of this part.
    Boiler operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time in 
the steam-generating unit. It is not necessary for

[[Page 139]]

fuel to be combusted the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec. 60.17).
    Coal refuse means waste-products of coal mining, cleaning, and coal 
preparation operations (e.g. culm, gob, etc.) containing coal, matrix 
material, clay, and other organic and inorganic material.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such materials for the 
purpose of creating useful heat.
    Fossil fuel and wood residue-fired steam generating unit means a 
furnace or boiler used in the process of burning fossil fuel and wood 
residue for the purpose of producing steam by heat transfer.
    Fossil-fuel-fired steam generating unit means a furnace or boiler 
used in the process of burning fossil fuel for the purpose of producing 
steam by heat transfer.
    Wood residue means bark, sawdust, slabs, chips, shavings, mill trim, 
and other wood products derived from wood processing and forest 
management operations.



Sec. 60.42  Standard for particulate matter (PM).

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases that:
    (1) Contain PM in excess of 43 nanograms per joule (ng/J) heat input 
(0.10 lb/MMBtu) derived from fossil fuel or fossil fuel and wood 
residue.
    (2) Exhibit greater than 20 percent opacity except for one six-
minute period per hour of not more than 27 percent opacity.
    (b)(1) On or after December 28, 1979, no owner or operator shall 
cause to be discharged into the atmosphere from the Southwestern Public 
Service Company's Harrington Station 1, in Amarillo, TX, any 
gases which exhibit greater than 35 percent opacity, except that a 
maximum or 42 percent opacity shall be permitted for not more than 6 
minutes in any hour.
    (2) Interstate Power Company shall not cause to be discharged into 
the atmosphere from its Lansing Station Unit No. 4 in Lansing, IA, any 
gases which exhibit greater than 32 percent opacity, except that a 
maximum of 39 percent opacity shall be permitted for not more than six 
minutes in any hour.
    (c) As an alternate to meeting the requirements of paragraph (a) of 
this section, an owner or operator that elects to install, calibrate, 
maintain, and operate a continuous emissions monitoring systems (CEMS) 
for measuring PM emissions can petition the Administrator (in writing) 
to comply with Sec. 60.42Da(a) of subpart Da of this part. If the 
Administrator grants the petition, the source will from then on (unless 
the unit is modified or reconstructed in the future) have to comply with 
the requirements in Sec. 60.42Da(a) of subpart Da of this part.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, 76 FR 3522, Jan. 
20, 2011; Jan. 28, 2009]



Sec. 60.43  Standard for sulfur dioxide (SO[bdi2]).

    (a) Except as provided under paragraph (d) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec. 60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any gases that contain SO2 in excess 
of:
    (1) 340 ng/J heat input (0.80 lb/MMBtu) derived from liquid fossil 
fuel or liquid fossil fuel and wood residue.
    (2) 520 ng/J heat input (1.2 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue, except as provided in 
paragraph (e) of this section.
    (b) Except as provided under paragraph (d) of this section, when 
different fossil fuels are burned simultaneously in any combination, the 
applicable standard (in ng/J) shall be determined by proration using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.000


[[Page 140]]


Where:

PSSO2 = Prorated standard for SO2 when burning 
different fuels simultaneously, in ng/J heat input derived from all 
fossil fuels or from all fossil fuels and wood residue fired;
y = Percentage of total heat input derived from liquid fossil fuel; and
z = Percentage of total heat input derived from solid fossil fuel.

    (c) Compliance shall be based on the total heat input from all 
fossil fuels burned, including gaseous fuels.
    (d) As an alternate to meeting the requirements of paragraphs (a) 
and (b) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec. 60.43Da(i)(3) of subpart 
Da of this part or comply with Sec. 60.42b(k)(4) of subpart Db of this 
part, as applicable to the affected source. If the Administrator grants 
the petition, the source will from then on (unless the unit is modified 
or reconstructed in the future) have to comply with the requirements in 
Sec. 60.43Da(i)(3) of subpart Da of this part or Sec. 60.42b(k)(4) of 
subpart Db of this part, as applicable to the affected source.
    (e) Units 1 and 2 (as defined in appendix G of this part) at the 
Newton Power Station owned or operated by the Central Illinois Public 
Service Company will be in compliance with paragraph (a)(2) of this 
section if Unit 1 and Unit 2 individually comply with paragraph (a)(2) 
of this section or if the combined emission rate from Units 1 and 2 does 
not exceed 470 ng/J (1.1 lb/MMBtu) combined heat input to Units 1 and 2.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009]



Sec. 60.44  Standard for nitrogen oxides (NOX).

    (a) Except as provided under paragraph (e) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec. 60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any gases that contain NOX, expressed 
as NO2 in excess of:
    (1) 86 ng/J heat input (0.20 lb/MMBtu) derived from gaseous fossil 
fuel.
    (2) 129 ng/J heat input (0.30 lb/MMBtu) derived from liquid fossil 
fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and 
wood residue.
    (3) 300 ng/J heat input (0.70 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue (except lignite or a solid 
fossil fuel containing 25 percent, by weight, or more of coal refuse).
    (4) 260 ng/J heat input (0.60 lb MMBtu) derived from lignite or 
lignite and wood residue (except as provided under paragraph (a)(5) of 
this section).
    (5) 340 ng/J heat input (0.80 lb MMBtu) derived from lignite which 
is mined in North Dakota, South Dakota, or Montana and which is burned 
in a cyclone-fired unit.
    (b) Except as provided under paragraphs (c), (d), and (e) of this 
section, when different fossil fuels are burned simultaneously in any 
combination, the applicable standard (in ng/J) is determined by 
proration using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.001

Where:

PSNOX = Prorated standard for NOX when 
burning different fuels simultaneously, in ng/J heat input derived from 
all fossil fuels fired or from all fossil fuels and wood residue fired;
w = Percentage of total heat input derived from lignite;
x = Percentage of total heat input derived from gaseous fossil fuel;
y = Percentage of total heat input derived from liquid fossil fuel; and
z = Percentage of total heat input derived from solid fossil fuel 
(except lignite).

    (c) When a fossil fuel containing at least 25 percent, by weight, of 
coal refuse is burned in combination with gaseous, liquid, or other 
solid fossil fuel or wood residue, the standard for NOX does 
not apply.

[[Page 141]]

    (d) Except as provided under paragraph (e) of this section, cyclone-
fired units which burn fuels containing at least 25 percent of lignite 
that is mined in North Dakota, South Dakota, or Montana remain subject 
to paragraph (a)(5) of this section regardless of the types of fuel 
combusted in combination with that lignite.
    (e) As an alternate to meeting the requirements of paragraphs (a), 
(b), and (d) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec. 60.44Da(e)(3) of subpart 
Da of this part. If the Administrator grants the petition, the source 
will from then on (unless the unit is modified or reconstructed in the 
future) have to comply with the requirements in Sec. 60.44Da(e)(3) of 
subpart Da of this part.



Sec. 60.45  Emissions and fuel monitoring.

    (a) Each owner or operator shall install, calibrate, maintain, and 
operate continuous opacity monitoring system (COMS) for measuring 
opacity and a CEMS for measuring SO2 emissions, NOX emissions, and 
either oxygen (O2) or carbon dioxide (CO2) except as provided in 
paragraph (b) of this section.
    (b) Certain of the CEMS requirements under paragraph (a) of this 
section do not apply to owners or operators under the following 
conditions:
    (1) For a fossil-fuel-fired steam generator that burns only gaseous 
or liquid fossil fuel (excluding residual oil) with potential SO2 
emissions rates of 26 ng/J (0.060 lb/MMBtu) or less and that does not 
use post-combustion technology to reduce emissions of SO2 or PM, CEMS 
for measuring the opacity of emissions and SO2 emissions are not 
required if the owner or operator monitors SO2 emissions by fuel 
sampling and analysis or fuel receipts.
    (2) For a fossil-fuel-fired steam generator that does not use a flue 
gas desulfurization device, a CEMS for measuring SO2 
emissions is not required if the owner or operator monitors 
SO2 emissions by fuel sampling and analysis.
    (3) Notwithstanding Sec. 60.13(b), installation of a CEMS for 
NOX may be delayed until after the initial performance tests 
under Sec. 60.8 have been conducted. If the owner or operator 
demonstrates during the performance test that emissions of 
NOX are less than 70 percent of the applicable standards in 
Sec. 60.44, a CEMS for measuring NOX emissions is not 
required. If the initial performance test results show that 
NOX emissions are greater than 70 percent of the applicable 
standard, the owner or operator shall install a CEMS for NOX 
within one year after the date of the initial performance tests under 
Sec. 60.8 and comply with all other applicable monitoring requirements 
under this part.
    (4) If an owner or operator does not install any CEMS for sulfur 
oxides and NOX, as provided under paragraphs (b)(1) and 
(b)(3) or paragraphs (b)(2) and (b)(3) of this section a CEMS for 
measuring either O2 or CO2 is not required.
    (5) An owner or operator may petition the Administrator (in writing) 
to install a PM CEMS as an alternative to the CEMS for monitoring 
opacity emissions.
    (6) A CEMS for measuring the opacity of emissions is not required 
for a fossil fuel-fired steam generator that does not use post-
combustion technology (except a wet scrubber) for reducing PM, 
SO2, or carbon monoxide (CO) emissions, burns only gaseous 
fuels or fuel oils that contain less than or equal to 0.30 weight 
percent sulfur, and is operated such that emissions of CO to the 
atmosphere from the affected source are maintained at levels less than 
or equal to 0.15 lb/MMBtu on a boiler operating day average basis. 
Owners and operators of affected sources electing to comply with this 
paragraph must demonstrate compliance according to the procedures 
specified in paragraphs (b)(6)(i) through (iv) of this section.
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (b)(6)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).

[[Page 142]]

    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec. 60.13(h)(2).
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each boiler operating day by multiplying the average hourly CO output 
concentration measured by the CO CEMS times the corresponding average 
hourly flue gas flow rate and divided by the corresponding average 
hourly heat input to the affected source. The 24-hour average CO 
emission level is determined by calculating the arithmetic average of 
the hourly CO emission levels computed for each boiler operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each boiler operating day excluding periods of affected source 
startup, shutdown, or malfunction. If the 24-hour average CO emission 
level is greater than 0.15 lb/MMBtu, you must initiate investigation of 
the relevant equipment and control systems within 24 hours of the first 
discovery of the high emission incident and, take the appropriate 
corrective action as soon as practicable to adjust control settings or 
repair equipment to reduce the 24-hour average CO emission level to 0.15 
lb/MMBtu or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (b)(6) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (7) An owner or operator of an affected facility subject to an 
opacity standard under Sec. 60.42 that elects to not use a COMS because 
the affected facility burns only fuels as specified under paragraph 
(b)(1) of this section, monitors PM emissions as specified under 
paragraph (b)(5) of this section, or monitors CO emissions as specified 
under paragraph (b)(6) of this section, shall conduct a performance test 
using Method 9 of appendix A-4 of this part and the procedures in Sec. 
60.11 to demonstrate compliance with the applicable limit in Sec. 60.42 
by April 29, 2011 or within 45 days after stopping use of an existing 
COMS, whichever is later, and shall comply with either paragraph 
(b)(7)(i), (b)(7)(ii), or (b)(7)(iii) of this section. The observation 
period for Method 9 of appendix A-4 of this part performance tests may 
be reduced from 3 hours to 60 minutes if all 6-minute averages are less 
than 10 percent and all individual 15-second observations are less than 
or equal to 20 percent during the initial 60 minutes of observation. The 
permitting authority may exempt owners or operators of affected 
facilities burning only natural gas from the opacity monitoring 
requirements.
    (i) Except as provided in paragraph (b)(7)(ii) or (b)(7)(iii) of 
this section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (b)(7) of this section according to the applicable schedule in 
paragraphs (b)(7)(i)(A) through (b)(7)(i)(D) of this section, as 
determined by the most recent Method 9 of appendix A-4 of this part 
performance test results.
    (A) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted;
    (B) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar months from the date that the most recent performance test 
was conducted;
    (C) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted; or

[[Page 143]]

    (D) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (ii) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance test, elect to perform 
subsequent monitoring using Method 22 of appendix A-7 of this part 
according to the procedures specified in paragraphs (b)(7)(ii)(A) and 
(B) of this section.
    (A) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e., 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (b)(7) of this section within 45 
calendar days according to the requirements in Sec. 60.46(b)(3).
    (B) If no visible emissions are observed for 30 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (iii) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (b)(7)(ii) of this section. For reference 
purposes in preparing the monitoring plan, see OAQPS ``Determination of 
Visible Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (c) For performance evaluations under Sec. 60.13(c) and calibration 
checks under Sec. 60.13(d), the following procedures shall be used:
    (1) Methods 6, 7, and 3B of appendix A of this part, as applicable, 
shall be used for the performance evaluations of SO2 and 
NOX continuous monitoring systems. Acceptable alternative 
methods for Methods 6, 7, and 3B of appendix A of this part are given in 
Sec. 60.46(d).
    (2) Sulfur dioxide or nitric oxide, as applicable, shall be used for 
preparing calibration gas mixtures under Performance Specification 2 of 
appendix B to this part.
    (3) For affected facilities burning fossil fuel(s), the span value 
for a continuous monitoring system measuring the opacity of emissions 
shall be 80, 90, or 100 percent. For a continuous monitoring system 
measuring sulfur oxides or NOX the span value shall be 
determined using one of the following procedures:
    (i) Except as provided under paragraph (c)(3)(ii) of this section, 
SO2 and

[[Page 144]]

NOX span values shall be determined as follows:

----------------------------------------------------------------------------------------------------------------
                                                                 In parts per million
             Fossil fuel             ---------------------------------------------------------------------------
                                               Span value for SO2                    Span value for NOX
----------------------------------------------------------------------------------------------------------------
Gas.................................  (\1\)...............................  500.
Liquid..............................  1,000...............................  500.
Solid...............................  1,500...............................  1,000.
Combinations........................  1,000y + 1,500z.....................  500 (x + y) + 1,000z.
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.

Where:

x = Fraction of total heat input derived from gaseous fossil fuel;
y = Fraction of total heat input derived from liquid fossil fuel; and
z = Fraction of total heat input derived from solid fossil fuel.

    (ii) As an alternative to meeting the requirements of paragraph 
(c)(3)(i) of this section, the owner or operator of an affected facility 
may elect to use the SO2 and NOX span values 
determined according to sections 2.1.1 and 2.1.2 in appendix A to part 
75 of this chapter.
    (4) All span values computed under paragraph (c)(3)(i) of this 
section for burning combinations of fossil fuels shall be rounded to the 
nearest 500 ppm. Span values that are computed under paragraph 
(c)(3)(ii) of this section shall be rounded off according to the 
applicable procedures in section 2 of appendix A to part 75 of this 
chapter.
    (5) For a fossil-fuel-fired steam generator that simultaneously 
burns fossil fuel and nonfossil fuel, the span value of all CEMS shall 
be subject to the Administrator's approval.
    (d) [Reserved]
    (e) For any CEMS installed under paragraph (a) of this section, the 
following conversion procedures shall be used to convert the continuous 
monitoring data into units of the applicable standards (ng/J, lb/MMBtu):
    (1) When a CEMS for measuring O2 is selected, the 
measurement of the pollutant concentration and O2 
concentration shall each be on a consistent basis (wet or dry). 
Alternative procedures approved by the Administrator shall be used when 
measurements are on a wet basis. When measurements are on a dry basis, 
the following conversion procedure shall be used:
[GRAPHIC] [TIFF OMITTED] TR13JN07.002

Where E, C, F, and %O2 are determined under paragraph (f) of 
this section.

    (2) When a CEMS for measuring CO2 is selected, the 
measurement of the pollutant concentration and CO2 
concentration shall each be on a consistent basis (wet or dry) and the 
following conversion procedure shall be used:
[GRAPHIC] [TIFF OMITTED] TR13JN07.003

Where E, C, Fc and %CO2 are determined under 
paragraph (f) of this section.

    (f) The values used in the equations under paragraphs (e)(1) and (2) 
of this section are derived as follows:
    (1) E = pollutant emissions, ng/J (lb/MMBtu).
    (2) C = pollutant concentration, ng/dscm (lb/dscf), determined by 
multiplying the average concentration (ppm) for each one-hour period by 
4.15 x 10\4\ M ng/dscm per ppm (2.59 x 10-9 M lb/dscf per 
ppm) where M = pollutant molecular weight, g/g-mole (lb/lb-mole). M = 
64.07 for SO2 and 46.01 for NOX.
    (3) %O2, %CO2 = O2 or 
CO2 volume (expressed as percent), determined with equipment 
specified under paragraph (a) of this section.
    (4) F, Fc = a factor representing a ratio of the volume 
of dry flue gases generated to the calorific value of the fuel combusted 
(F), and a factor representing a ratio of the volume of CO2 
generated to the calorific value of the fuel combusted (Fc), 
respectively. Values of F and Fc are given as follows:
    (i) For anthracite coal as classified according to ASTM D388 
(incorporated

[[Page 145]]

by reference, see Sec. 60.17), F = 2,723 x 10-17 dscm/J 
(10,140 dscf/MMBtu) and Fc = 0.532 x 10-17 scm 
CO2/J (1,980 scf CO2/MMBtu).
    (ii) For subbituminous and bituminous coal as classified according 
to ASTM D388 (incorporated by reference, see Sec. 60.17), F = 2.637 x 
10-7 dscm/J (9,820 dscf/MMBtu) and Fc = 0.486 x 
10-7 scm CO2/J (1,810 scf CO2/MMBtu).
    (iii) For liquid fossil fuels including crude, residual, and 
distillate oils, F = 2.476 x 10-7 dscm/J (9,220 dscf/MMBtu) 
and Fc = 0.384 x 10-7 scm CO2/J (1,430 
scf CO2/MMBtu).
    (iv) For gaseous fossil fuels, F = 2.347 x 10-7 dscm/J 
(8,740 dscf/MMBtu). For natural gas, propane, and butane fuels, 
Fc = 0.279 x 10-7 scm CO2/J (1,040 scf 
CO2/MMBtu) for natural gas, 0.322 x 10-7 scm 
CO2/J (1,200 scf CO2/MMBtu) for propane, and 0.338 
x 10-7 scm CO2/J (1,260 scf CO2/MMBtu) 
for butane.
    (v) For bark F = 2.589 x 10-7 dscm/J (9,640 dscf/MMBtu) 
and Fc = 0.500 x 10-7 scm CO2/J (1,840 
scf CO2/MMBtu). For wood residue other than bark F = 2.492 x 
10-7 dscm/J (9,280 dscf/MMBtu) and Fc = 0.494 x 
10-7 scm CO2/J (1,860 scf CO2/MMBtu).
    (vi) For lignite coal as classified according to ASTM D388 
(incorporated by reference, see Sec. 60.17), F = 2.659 x 
10-7 dscm/J (9,900 dscf/MMBtu) and Fc = 0.516 x 
10-7 scm CO2/J (1,920 scf CO2/MMBtu).
    (5) The owner or operator may use the following equation to 
determine an F factor (dscm/J or dscf/MMBtu) on a dry basis (if it is 
desired to calculate F on a wet basis, consult the Administrator) or Fc 
factor (scm CO2/J, or scf CO2/MMBtu) on either 
basis in lieu of the F or Fc factors specified in paragraph 
(f)(4) of this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.004

    (i) %H, %C, %S, %N, and %O are content by weight of hydrogen, 
carbon, sulfur, nitrogen, and O2 (expressed as percent), 
respectively, as determined on the same basis as GCV by ultimate 
analysis of the fuel fired, using ASTM D3178 or D3176 (solid fuels), or 
computed from results using ASTM D1137, D1945, or D1946 (gaseous fuels) 
as applicable. (These five methods are incorporated by reference, see 
Sec. 60.17.)
    (ii) GVC is the gross calorific value (kJ/kg, Btu/lb) of the fuel 
combusted determined by the ASTM test methods D2015 or D5865 for solid 
fuels and D1826 for gaseous fuels as applicable. (These

[[Page 146]]

three methods are incorporated by reference, see Sec. 60.17.)
    (iii) For affected facilities which fire both fossil fuels and 
nonfossil fuels, the F or Fc value shall be subject to the 
Administrator's approval.
    (6) For affected facilities firing combinations of fossil fuels or 
fossil fuels and wood residue, the F or Fc factors determined by 
paragraphs (f)(4) or (f)(5) of this section shall be prorated in 
accordance with the applicable formula as follows:
[GRAPHIC] [TIFF OMITTED] TR13JN07.005

Where:

Xi = Fraction of total heat input derived from each type of 
fuel (e.g. natural gas, bituminous coal, wood residue, etc.);
Fi or (Fc)i = Applicable F or 
Fc factor for each fuel type determined in accordance with 
paragraphs (f)(4) and (f)(5) of this section; and
n = Number of fuels being burned in combination.

    (g) Excess emission and monitoring system performance reports shall 
be submitted to the Administrator semiannually for each six-month period 
in the calendar year. All semiannual reports shall be postmarked by the 
30th day following the end of each six-month period. Each excess 
emission and MSP report shall include the information required in Sec. 
60.7(c). Periods of excess emissions and monitoring systems (MS) 
downtime that shall be reported are defined as follows:
    (1) Opacity. Excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 20 percent 
opacity, except that one six-minute average per hour of up to 27 percent 
opacity need not be reported.
    (i) For sources subject to the opacity standard of Sec. 
60.42(b)(1), excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 35 percent 
opacity, except that one six-minute average per hour of up to 42 percent 
opacity need not be reported.
    (ii) For sources subject to the opacity standard of Sec. 
60.42(b)(2), excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 32 percent 
opacity, except that one six-minute average per hour of up to 39 percent 
opacity need not be reported.
    (2) Sulfur dioxide. Excess emissions for affected facilities are 
defined as:
    (i) For affected facilities electing not to comply with Sec. 
60.43(d), any three-hour period during which the average emissions 
(arithmetic average of three contiguous one-hour periods) of 
SO2 as measured by a CEMS exceed the applicable standard in 
Sec. 60.43; or
    (ii) For affected facilities electing to comply with Sec. 60.43(d), 
any 30 operating day period during which the average emissions 
(arithmetic average of all one-hour periods during the 30 operating 
days) of SO2 as measured by a CEMS exceed the applicable 
standard in Sec. 60.43. Facilities complying with the 30-day 
SO2 standard shall use the most current associated 
SO2 compliance and monitoring requirements in Sec. Sec. 
60.48Da and 60.49Da of subpart Da of this part or Sec. Sec. 60.45b and 
60.47b of subpart Db of this part, as applicable.
    (3) Nitrogen oxides. Excess emissions for affected facilities using 
a CEMS for measuring NOX are defined as:
    (i) For affected facilities electing not to comply with Sec. 
60.44(e), any three-hour period during which the average emissions 
(arithmetic average of three contiguous one-hour periods) exceed the 
applicable standards in Sec. 60.44; or
    (ii) For affected facilities electing to comply with Sec. 60.44(e), 
any 30 operating day period during which the average emissions 
(arithmetic average of all one-hour periods during the 30 operating 
days) of NOX as measured by a CEMS exceed the applicable 
standard in Sec. 60.44. Facilities complying with the 30-day 
NOX standard shall use the most current associated 
NOX compliance and monitoring requirements in Sec. Sec. 
60.48Da and 60.49Da of subpart Da of this part.
    (4) Particulate matter. Excess emissions for affected facilities 
using a CEMS for measuring PM are defined as any boiler operating day 
period during which the average emissions (arithmetic average of all 
operating one-hour periods) exceed the applicable standards in Sec. 
60.42. Affected facilities using

[[Page 147]]

PM CEMS must follow the most current applicable compliance and 
monitoring provisions in Sec. Sec. 60.48Da and 60.49Da of subpart Da of 
this part.
    (h) The owner or operator of an affected facility subject to the 
opacity limits in Sec. 60.42 that elects to monitor emissions according 
to the requirements in Sec. 60.45(b)(7) shall maintain records 
according to the requirements specified in paragraphs (h)(1) through (3) 
of this section, as applicable to the visible emissions monitoring 
method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (h)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (h)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009; 76 
FR 3522, Jan. 20, 2011]



Sec. 60.46  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, and 
subsequent performance tests as requested by the EPA Administrator, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (d) 
of this section.
    (b) The owner or operator shall determine compliance with the PM, 
SO2, and NOX standards in Sec. Sec. 60.42, 60.43, 
and 60.44 as follows:
    (1) The emission rate (E) of PM, SO2, or NOX 
shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JN07.006

Where:

E = Emission rate of pollutant, ng/J (1b/million Btu);
C = Concentration of pollutant, ng/dscm (1b/dscf);
%O2 = O2 concentration, percent dry basis; and
Fd = Factor as determined from Method 19 of appendix A of 
this part.

    (2) Method 5 of appendix A of this part shall be used to determine 
the PM concentration (C) at affected facilities without wet flue-gas-
desulfurization (FGD) systems and Method 5B of appendix A of this part 
shall be used to determine the PM concentration (C) after FGD systems.
    (i) The sampling time and sample volume for each run shall be at 
least 60 minutes and 0.85 dscm (30 dscf). The probe and filter holder 
heating systems in the sampling train shall be set to provide an average 
gas temperature of 16014 [deg]C (32025 [deg]F).
    (ii) The emission rate correction factor, integrated or grab 
sampling and analysis procedure of Method 3B of appendix A of this part 
shall be used to determine the O2 concentration 
(%O2). The O2 sample shall be obtained 
simultaneously with, and at the same traverse points as, the particulate 
sample. If the grab sampling procedure is used, the O2 
concentration for the run shall

[[Page 148]]

be the arithmetic mean of the sample O2 concentrations at all 
traverse points.
    (iii) If the particulate run has more than 12 traverse points, the 
O2 traverse points may be reduced to 12 provided that Method 
1 of appendix A of this part is used to locate the 12 O2 
traverse points.
    (3) Method 9 of appendix A of this part and the procedures in Sec. 
60.11 shall be used to determine opacity.
    (4) Method 6 of appendix A of this part shall be used to determine 
the SO2 concentration.
    (i) The sampling site shall be the same as that selected for the 
particulate sample. The sampling location in the duct shall be at the 
centroid of the cross section or at a point no closer to the walls than 
1 m (3.28 ft). The sampling time and sample volume for each sample run 
shall be at least 20 minutes and 0.020 dscm (0.71 dscf). Two samples 
shall be taken during a 1-hour period, with each sample taken within a 
30-minute interval.
    (ii) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of appendix A of this part shall be used 
to determine the O2 concentration (%O2). The 
O2 sample shall be taken simultaneously with, and at the same 
point as, the SO2 sample. The SO2 emission rate 
shall be computed for each pair of SO2 and O2 
samples. The SO2 emission rate (E) for each run shall be the 
arithmetic mean of the results of the two pairs of samples.
    (5) Method 7 of appendix A of this part shall be used to determine 
the NOX concentration.
    (i) The sampling site and location shall be the same as for the 
SO2 sample. Each run shall consist of four grab samples, with 
each sample taken at about 15-minute intervals.
    (ii) For each NOX sample, the emission rate correction 
factor, grab sampling and analysis procedure of Method 3B of appendix A 
of this part shall be used to determine the O2 concentration 
(%O2). The sample shall be taken simultaneously with, and at 
the same point as, the NOX sample.
    (iii) The NOX emission rate shall be computed for each 
pair of NOX and O2 samples. The NOX 
emission rate (E) for each run shall be the arithmetic mean of the 
results of the four pairs of samples.
    (c) When combinations of fossil fuels or fossil fuel and wood 
residue are fired, the owner or operator (in order to compute the 
prorated standard as shown in Sec. Sec. 60.43(b) and 60.44(b)) shall 
determine the percentage (w, x, y, or z) of the total heat input derived 
from each type of fuel as follows:
    (1) The heat input rate of each fuel shall be determined by 
multiplying the gross calorific value of each fuel fired by the rate of 
each fuel burned.
    (2) ASTM Methods D2015, or D5865 (solid fuels), D240 (liquid fuels), 
or D1826 (gaseous fuels) (all of these methods are incorporated by 
reference, see Sec. 60.17) shall be used to determine the gross 
calorific values of the fuels. The method used to determine the 
calorific value of wood residue must be approved by the Administrator.
    (3) Suitable methods shall be used to determine the rate of each 
fuel burned during each test period, and a material balance over the 
steam generating system shall be used to confirm the rate.
    (d) The owner or operator may use the following as alternatives to 
the reference methods and procedures in this section or in other 
sections as specified:
    (1) The emission rate (E) of PM, SO2 and NOX 
may be determined by using the Fc factor, provided that the following 
procedure is used:
    (i) The emission rate (E) shall be computed using the following 
equation:

[GRAPHIC] [TIFF OMITTED] TR13JN07.007

Where:

E = Emission rate of pollutant, ng/J (lb/MMBtu);
C = Concentration of pollutant, ng/dscm (lb/dscf);
%CO2 = CO2 concentration, percent dry basis; and
Fc = Factor as determined in appropriate sections of Method 
19 of appendix A of this part.

    (ii) If and only if the average Fc factor in Method 19 of appendix A 
of this part is used to calculate E and either E is from 0.97 to 1.00 of 
the emission standard or the relative accuracy of a

[[Page 149]]

continuous emission monitoring system is from 17 to 20 percent, then 
three runs of Method 3B of appendix A of this part shall be used to 
determine the O2 and CO2 concentration according 
to the procedures in paragraph (b)(2)(ii), (4)(ii), or (5)(ii) of this 
section. Then if Fo (average of three runs), as calculated 
from the equation in Method 3B of appendix A of this part, is more than 
3 percent than the average Fo value, as 
determined from the average values of Fd and Fc in 
Method 19 of appendix A of this part, i.e., Foa = 0.209 
(Fda/Fca), then the following procedure shall be 
followed:
    (A) When Fo is less than 0.97 Foa, then E 
shall be increased by that proportion under 0.97 Foa, e.g., 
if Fo is 0.95 Foa, E shall be increased by 2 
percent. This recalculated value shall be used to determine compliance 
with the emission standard.
    (B) When Fo is less than 0.97 Foa and when the 
average difference (d) between the continuous monitor minus the 
reference methods is negative, then E shall be increased by that 
proportion under 0.97 Foa, e.g., if Fo is 0.95 
Foa, E shall be increased by 2 percent. This recalculated 
value shall be used to determine compliance with the relative accuracy 
specification.
    (C) When Fo is greater than 1.03 Foa and when 
the average difference d is positive, then E shall be decreased by that 
proportion over 1.03 Foa, e.g., if Fo is 1.05 
Foa, E shall be decreased by 2 percent. This recalculated 
value shall be used to determine compliance with the relative accuracy 
specification.
    (2) For Method 5 or 5B of appendix A-3 of this part, Method 17 of 
appendix A-6 of this part may be used at facilities with or without wet 
FGD systems if the stack gas temperature at the sampling location does 
not exceed an average temperature of 160 [deg]C (320 [deg]F). The 
procedures of sections 8.1 and 11.1 of Method 5B of appendix A-3 of this 
part may be used with Method 17 of appendix A-6 of this part only if it 
is used after wet FGD systems. Method 17 of appendix A-6 of this part 
shall not be used after wet FGD systems if the effluent gas is saturated 
or laden with water droplets.
    (3) Particulate matter and SO2 may be determined 
simultaneously with the Method 5 of appendix A of this part train 
provided that the following changes are made:
    (i) The filter and impinger apparatus in sections 2.1.5 and 2.1.6 of 
Method 8 of appendix A of this part is used in place of the condenser 
(section 2.1.7) of Method 5 of appendix A of this part.
    (ii) All applicable procedures in Method 8 of appendix A of this 
part for the determination of SO2 (including moisture) are 
used:
    (4) For Method 6 of appendix A of this part, Method 6C of appendix A 
of this part may be used. Method 6A of appendix A of this part may also 
be used whenever Methods 6 and 3B of appendix A of this part data are 
specified to determine the SO2 emission rate, under the 
conditions in paragraph (d)(1) of this section.
    (5) For Method 7 of appendix A of this part, Method 7A, 7C, 7D, or 
7E of appendix A of this part may be used. If Method 7C, 7D, or 7E of 
appendix A of this part is used, the sampling time for each run shall be 
at least 1 hour and the integrated sampling approach shall be used to 
determine the O2 concentration (%O2) for the 
emission rate correction factor.
    (6) For Method 3 of appendix A of this part, Method 3A or 3B of 
appendix A of this part may be used.
    (7) For Method 3B of appendix A of this part, Method 3A of appendix 
A of this part may be used.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5078, Jan. 28, 2009]



     Subpart Da_Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction is Commenced After September 18, 
                                  1978

    Source: 72 FR 32722, June 13, 2007, unless otherwise noted.



Sec. 60.40Da  Applicability and designation of affected facility.

    (a) Except as specified in paragraph (e) of this section, the 
affected facility to which this subpart applies is each electric utility 
steam generating unit:

[[Page 150]]

    (1) That is capable of combusting more than 73 megawatts (MW) (250 
million British thermal units per hour (MMBtu/hr)) heat input of fossil 
fuel (either alone or in combination with any other fuel); and
    (2) For which construction, modification, or reconstruction is 
commenced after September 18, 1978.
    (b) An IGCC electric utility steam generating unit (both the 
stationary combustion turbine and any associated duct burners) is 
subject to this part and is not subject to subpart GG or KKKK of this 
part if both of the conditions specified in paragraphs (b)(1) and (2) of 
this section are met.
    (1) The IGCC electric utility steam generating unit is capable of 
combusting more than 73 MW (250 MMBtu/hr) heat input of fossil fuel 
(either alone or in combination with any other fuel); and
    (2) The IGCC electric utility steam generating unit commenced 
construction, modification, or reconstruction after February 28, 2005.
    (c) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels, shall not bring that unit under the applicability of this 
subpart.
    (d) Any change to an existing steam generating unit originally 
designed to fire gaseous or liquid fossil fuels, to accommodate the use 
of any other fuel (fossil or nonfossil) shall not bring that unit under 
the applicability of this subpart.
    (e) Applicability of the requirement of this subpart to an electric 
utility combined cycle gas turbine other than an IGCC electric utility 
steam generating unit is as specified in paragraphs (e)(1) and (2) of 
this section.
    (1) Heat recovery steam generators used with duct burners and 
associated with an electric utility combined cycle gas turbine that are 
capable of combusting more than 73 MW (250 MMBtu/hr) heat input of 
fossil fuel are subject to this subpart except in cases when the heat 
recovery steam generator meets the applicability requirements and is 
subject to subpart KKKK of this part.
    (2) For heat recovery steam generators use with duct burners subject 
to this subpart, only emissions resulting from the combustion of fuels 
in the steam generating unit (i.e. duct burners) are subject to the 
standards under this subpart. (The emissions resulting from the 
combustion of fuels in the stationary combustion turbine engine are 
subject to subpart GG or KKK, as applicable, of this part).

[72 FR 32722, June 13, 2007, as amended at 74 FR 5078, Jan. 28, 2009]



Sec. 60.41Da  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Anthracite means coal that is classified as anthracite according to 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec. 60.17).
    Available purchase power means the lesser of the following:
    (a) The sum of available system capacity in all neighboring 
companies.
    (b) The sum of the rated capacities of the power interconnection 
devices between the principal company and all neighboring companies, 
minus the sum of the electric power load on these interconnections.
    (c) The rated capacity of the power transmission lines between the 
power interconnection devices and the electric generating units (the 
unit in the principal company that has the malfunctioning flue gas 
desulfurization system and the unit(s) in the neighboring company 
supplying replacement electrical power) less the electric power load on 
these transmission lines.
    Available system capacity means the capacity determined by 
subtracting the system load and the system emergency reserves from the 
net system capacity.
    Biomass means plant materials and animal waste.
    Bituminous coal means coal that is classified as bituminous 
according to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec. 60.17).
    Boiler operating day for units constructed, reconstructed, or 
modified on or before February 28, 2005, means a 24-hour period during 
which fossil fuel is combusted in a steam-generating unit

[[Page 151]]

for the entire 24 hours. For units constructed, reconstructed, or 
modified after February 28, 2005, boiler operating day means a 24-hour 
period between 12 midnight and the following midnight during which any 
fuel is combusted at any time in the steam-generating unit. It is not 
necessary for fuel to be combusted the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec. 60.17) and 
coal refuse. Synthetic fuels derived from coal for the purpose of 
creating useful heat, including but not limited to solvent-refined coal, 
gasified coal (not meeting the definition of natural gas), coal-oil 
mixtures, and coal-water mixtures are included in this definition for 
the purposes of this subpart.
    Coal-fired electric utility steam generating unit means an electric 
utility steam generating unit that burns coal, coal refuse, or a 
synthetic gas derived from coal either exclusively, in any combination 
together, or in any combination with other fuels in any amount.
    Coal refuse means waste products of coal mining, physical coal 
cleaning, and coal preparation operations (e.g. culm, gob, etc.) 
containing coal, matrix material, clay, and other organic and inorganic 
material.
    Cogeneration, also known as ``combined heat and power,'' means a 
steam-generating unit that simultaneously produces both electric (or 
mechanical) and useful thermal energy from the same primary energy 
source.
    Combined cycle gas turbine means a stationary turbine combustion 
system where heat from the turbine exhaust gases is recovered by a steam 
generating unit.
    Dry flue gas desulfurization technology or dry FGD means a sulfur 
dioxide control system that is located downstream of the steam 
generating unit and removes sulfur oxides (SO2) from the 
combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline reagent and water, whether introduced 
separately or as a premixed slurry or solution and forming a dry powder 
material. This definition includes devices where the dry powder material 
is subsequently converted to another form. Alkaline slurries or 
solutions used in dry FGD technology include, but are not limited to, 
lime and sodium.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a heat recovery steam generating unit.
    Electric utility combined cycle gas turbine means any combined cycle 
gas turbine used for electric generation that is constructed for the 
purpose of supplying more than one-third of its potential electric 
output capacity and more than 25 MW net-electrical output to any utility 
power distribution system for sale. Any steam distribution system that 
is constructed for the purpose of providing steam to a steam electric 
generator that would produce electrical power for sale is also 
considered in determining the electrical energy output capacity of the 
affected facility.
    Electric utility company means the largest interconnected 
organization, business, or governmental entity that generates electric 
power for sale (e.g., a holding company with operating subsidiary 
companies).
    Electric utility steam-generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW net-electrical output to any utility power distribution system for 
sale. Also, any steam supplied to a steam distribution system for the 
purpose of providing steam to a steam-electric generator that would 
produce electrical energy for sale is considered in determining the 
electrical energy output capacity of the affected facility.
    Electrostatic precipitator or ESP means an add-on air pollution 
control device used to capture particulate matter (PM) by charging the 
particles using an electrostatic field, collecting the particles using a 
grounded collecting surface, and transporting the particles into a 
hopper.

[[Page 152]]

    Emergency condition means that period of time when:
    (1) The electric generation output of an affected facility with a 
malfunctioning flue gas desulfurization system cannot be reduced or 
electrical output must be increased because:
    (i) All available system capacity in the principal company 
interconnected with the affected facility is being operated, and
    (ii) All available purchase power interconnected with the affected 
facility is being obtained, or
    (2) The electric generation demand is being shifted as quickly as 
possible from an affected facility with a malfunctioning flue gas 
desulfurization system to one or more electrical generating units held 
in reserve by the principal company or by a neighboring company, or
    (3) An affected facility with a malfunctioning flue gas 
desulfurization system becomes the only available unit to maintain a 
part or all of the principal company's system emergency reserves and the 
unit is operated in spinning reserve at the lowest practical electric 
generation load consistent with not causing significant physical damage 
to the unit. If the unit is operated at a higher load to meet load 
demand, an emergency condition would not exist unless the conditions 
under paragraph (1) of this definition apply.
    Emission limitation means any emissions limit or operating limit.
    Emission rate period means any calendar month included in a 12-month 
rolling average period.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such material for the 
purpose of creating useful heat.
    Gaseous fuel means any fuel derived from coal or petroleum that is 
present as a gas at standard conditions and includes, but is not limited 
to, refinery fuel gas, process gas, coke-oven gas, synthetic gas, and 
gasified coal.
    Gross output means the gross useful work performed by the steam 
generated and, for an IGCC electric utility steam generating unit, the 
work performed by the stationary combustion turbines. For a unit 
generating only electricity, the gross useful work performed is the 
gross electrical output from the unit's turbine/generator sets. For a 
cogeneration unit, the gross useful work performed is the gross 
electrical or mechanical output plus 75 percent of the useful thermal 
output measured relative to ISO conditions that is not used to generate 
additional electrical or mechanical output or to enhance the performance 
of the unit (i.e., steam delivered to an industrial process).
    24-hour period means the period of time between 12:01 a.m. and 12:00 
midnight.
    Integrated gasification combined cycle electric utility steam 
generating unit or IGCC electric utility steam generating unit means an 
electric utility combined cycle gas turbine that is designed to burn 
fuels containing 50 percent (by heat input) or more solid-derived fuel 
not meeting the definition of natural gas. No solid fuel is directly 
burned in the unit during operation.
    Interconnected means that two or more electric generating units are 
electrically tied together by a network of power transmission lines, and 
other power transmission equipment.
    ISO conditions means a temperature of 288 Kelvin, a relative 
humidity of 60 percent, and a pressure of 101.3 kilopascals.
    Lignite means coal that is classified as lignite A or B according to 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec. 60.17).
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquid petroleum gas, as defined by the American Society of 
Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec. 60.17); or

[[Page 153]]

    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 megajoules (MJ) per dry standard cubic meter (910 and 
1,150 Btu per dry standard cubic foot).
    Neighboring company means any one of those electric utility 
companies with one or more electric power interconnections to the 
principal company and which have geographically adjoining service areas.
    Net-electric output means the gross electric sales to the utility 
power distribution system minus purchased power on a calendar year 
basis.
    Net system capacity means the sum of the net electric generating 
capability (not necessarily equal to rated capacity) of all electric 
generating equipment owned by an electric utility company (including 
steam generating units, internal combustion engines, gas turbines, 
nuclear units, hydroelectric units, and all other electric generating 
equipment) plus firm contractual purchases that are interconnected to 
the affected facility that has the malfunctioning flue gas 
desulfurization system. The electric generating capability of equipment 
under multiple ownership is prorated based on ownership unless the 
proportional entitlement to electric output is otherwise established by 
contractual arrangement.
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Petroleum means crude oil or a fuel derived from crude oil, 
including, but not limited to, distillate oil, and residual oil.
    Potential combustion concentration means the theoretical emissions 
(nanograms per joule (ng/J), lb/MMBtu heat input) that would result from 
combustion of a fuel in an uncleaned state without emission control 
systems) and:
    (1) For particulate matter (PM) is:
    (i) 3,000 ng/J (7.0 lb/MMBtu) heat input for solid fuel; and
    (ii) 73 ng/J (0.17 lb/MMBtu) heat input for liquid fuels.
    (2) For sulfur dioxide (SO2) is determined under Sec. 
60.50Da(c).
    (3) For nitrogen oxides (NOX) is:
    (i) 290 ng/J (0.67 lb/MMBtu) heat input for gaseous fuels;
    (ii) 310 ng/J (0.72 lb/MMBtu) heat input for liquid fuels; and
    (iii) 990 ng/J (2.30 lb/MMBtu) heat input for solid fuels.
    Potential electrical output capacity means 33 percent of the maximum 
design heat input capacity of the steam generating unit, divided by 
3,413 Btu/KWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr 
(e.g., a steam generating unit with a 100 MW (340 MMBtu/hr) fossil-fuel 
heat input capacity would have a 289,080 MWh 12 month potential 
electrical output capacity). For electric utility combined cycle gas 
turbines the potential electrical output capacity is determined on the 
basis of the fossil-fuel firing capacity of the steam generator 
exclusive of the heat input and electrical power contribution by the gas 
turbine.
    Principal company means the electric utility company or companies 
which own the affected facility.
    Resource recovery unit means a facility that combusts more than 75 
percent non-fossil fuel on a quarterly (calendar) heat input basis.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Solid-derived fuel means any solid, liquid, or gaseous fuel derived 
from solid fuel for the purpose of creating useful heat and includes, 
but is not limited to, solvent refined coal, liquified coal, synthetic 
gas, gasified coal, gasified petroleum coke, gasified biomass, and 
gasified tire derived fuel.
    Spare flue gas desulfurization system module means a separate system 
of SO2 emission control equipment capable of treating an 
amount of flue gas equal to the total amount of flue gas generated by an 
affected facility when operated at maximum capacity divided by the total 
number of nonspare flue gas desulfurization modules in the system.
    Spinning reserve means the sum of the unutilized net generating 
capability of all units of the electric utility company that are 
synchronized to the power distribution system and that are

[[Page 154]]

capable of immediately accepting additional load. The electric 
generating capability of equipment under multiple ownership is prorated 
based on ownership unless the proportional entitlement to electric 
output is otherwise established by contractual arrangement.
    Steam generating unit means any furnace, boiler, or other device 
used for combusting fuel for the purpose of producing steam (including 
fossil-fuel-fired steam generators associated with combined cycle gas 
turbines; nuclear steam generators are not included).
    Subbituminous coal means coal that is classified as subbituminous A, 
B, or C according to the American Society of Testing and Materials in 
ASTM D388 (incorporated by reference, see Sec. 60.17).
    System emergency reserves means an amount of electric generating 
capacity equivalent to the rated capacity of the single largest electric 
generating unit in the electric utility company (including steam 
generating units, internal combustion engines, gas turbines, nuclear 
units, hydroelectric units, and all other electric generating equipment) 
which is interconnected with the affected facility that has the 
malfunctioning flue gas desulfurization system. The electric generating 
capability of equipment under multiple ownership is prorated based on 
ownership unless the proportional entitlement to electric output is 
otherwise established by contractual arrangement.
    System load means the entire electric demand of an electric utility 
company's service area interconnected with the affected facility that 
has the malfunctioning flue gas desulfurization system plus firm 
contractual sales to other electric utility companies. Sales to other 
electric utility companies (e.g., emergency power) not on a firm 
contractual basis may also be included in the system load when no 
available system capacity exists in the electric utility company to 
which the power is supplied for sale.
    Wet flue gas desulfurization technology or wet FGD means a 
SO2 control system that is located downstream of the steam 
generating unit and removes sulfur oxides from the combustion gases of 
the steam generating unit by contacting the combustion gases with an 
alkaline slurry or solution and forming a liquid material. This 
definition applies to devices where the aqueous liquid material product 
of this contact is subsequently converted to other forms. Alkaline 
reagents used in wet FGD technology include, but are not limited to, 
lime, limestone, and sodium.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009]



Sec. 60.42Da  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility for which construction, reconstruction, or 
modification commenced before or on February 28, 2005, any gases that 
contain PM in excess of:
    (1) 13 ng/J (0.03 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel;
    (2) 1 percent of the potential combustion concentration (99 percent 
reduction) when combusting solid fuel; and
    (3) 30 percent of potential combustion concentration (70 percent 
reduction) when combusting liquid fuel.
    (b) On and after the date the initial PM performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility any gases which exhibit greater than 20 percent 
opacity (6-minute average), except for one 6-minute period per hour of 
not more than 27 percent opacity. Owners and operators of an affected 
facility that elect to install, calibrate, maintain, and operate a 
continuous emissions monitoring system (CEMS) for measuring PM emissions 
according to the requirements of this subpart are exempt from the 
opacity standard specified in this paragraph b.
    (c) Except as provided in paragraph (d) of this section, on and 
after the date on which the initial performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an

[[Page 155]]

affected facility that commenced construction, reconstruction, or 
modification after February 28, 2005 shall cause to be discharged into 
the atmosphere from that affected facility any gases that contain PM in 
excess of either:
    (1) 18 ng/J (0.14 lb/MWh) gross energy output; or
    (2) 6.4 ng/J (0.015 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel.
    (d) As an alternative to meeting the requirements of paragraph (c) 
of this section, the owner or operator of an affected facility for which 
construction, reconstruction, or modification commenced after February 
28, 2005, may elect to meet the requirements of this paragraph. On and 
after the date on which the initial performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility shall cause to be 
discharged into the atmosphere from that affected facility for which 
construction, reconstruction, or modification commenced after February 
28, 2005, any gases that contain PM in excess of:
    (1) 13 ng/J (0.03 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel, and
    (2) 0.1 percent of the combustion concentration determined according 
to the procedure in Sec. 60.48Da(o)(5) (99.9 percent reduction) for an 
affected facility for which construction or reconstruction commenced 
after February 28, 2005 when combusting solid, liquid, or gaseous fuel, 
or
    (3) 0.2 percent of the combustion concentration determined according 
to the procedure in Sec. 60.48Da(o)(5) (99.8 percent reduction) for an 
affected facility for which modification commenced after February 28, 
2005 when combusting solid, liquid, or gaseous fuel.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009]



Sec. 60.43Da  Standard for sulfur dioxide (SO[bdi2]).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts solid fuel or solid-derived fuel and 
for which construction, reconstruction, or modification commenced before 
or on February 28, 2005, except as provided under paragraphs (c), (d), 
(f) or (h) of this section, any gases that contain SO2 in 
excess of:
    (1) 520 ng/J (1.20 lb/MMBtu) heat input and 10 percent of the 
potential combustion concentration (90 percent reduction); or
    (2) 30 percent of the potential combustion concentration (70 percent 
reduction), when emissions are less than 260 ng/J (0.60 lb/MMBtu) heat 
input.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts liquid or gaseous fuels (except for 
liquid or gaseous fuels derived from solid fuels and as provided under 
paragraphs (e) or (h) of this section) and for which construction, 
reconstruction, or modification commenced before or on February 28, 
2005, any gases that contain SO2 in excess of:
    (1) 340 ng/J (0.80 lb/MMBtu) heat input and 10 percent of the 
potential combustion concentration (90 percent reduction); or
    (2) 100 percent of the potential combustion concentration (zero 
percent reduction) when emissions are less than 86 ng/J (0.20 lb/MMBtu) 
heat input.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts solid solvent refined coal (SRC-I) any 
gases that contain SO2 in excess of 520 ng/J (1.20 lb/MMBtu) 
heat input and 15 percent of the potential combustion concentration (85 
percent reduction) except as provided under paragraph (f) of this 
section; compliance with the emission limitation is determined on a

[[Page 156]]

30-day rolling average basis and compliance with the percent reduction 
requirement is determined on a 24-hour basis.
    (d) Sulfur dioxide emissions are limited to 520 ng/J (1.20 lb/MMBtu) 
heat input from any affected facility which:
    (1) Combusts 100 percent anthracite;
    (2) Is classified as a resource recovery unit; or
    (3) Is located in a noncontinental area and combusts solid fuel or 
solid-derived fuel.
    (e) Sulfur dioxide emissions are limited to 340 ng/J (0.80 lb/MMBtu) 
heat input from any affected facility which is located in a 
noncontinental area and combusts liquid or gaseous fuels (excluding 
solid-derived fuels).
    (f) The emission reduction requirements under this section do not 
apply to any affected facility that is operated under an SO2 
commercial demonstration permit issued by the Administrator in 
accordance with the provisions of Sec. 60.47Da.
    (g) Compliance with the emission limitation and percent reduction 
requirements under this section are both determined on a 30-day rolling 
average basis except as provided under paragraph (c) of this section.
    (h) When different fuels are combusted simultaneously, the 
applicable standard is determined by proration using the following 
formula:
    (1) If emissions of SO2 to the atmosphere are greater 
than 260 ng/J (0.60 lb/MMBtu) heat input
[GRAPHIC] [TIFF OMITTED] TR13JN07.008

    (2) If emissions of SO2 to the atmosphere are equal to or 
less than 260 ng/J (0.60 lb/MMBtu) heat input:
[GRAPHIC] [TIFF OMITTED] TR13JN07.009

Where:

Es = Prorated SO2 emission limit (ng/J heat 
input);
%Ps = Percentage of potential SO2 emission 
allowed;
x = Percentage of total heat input derived from the combustion of liquid 
or gaseous fuels (excluding solid-derived fuels); and
y = Percentage of total heat input derived from the combustion of solid 
fuel (including solid-derived fuels).

    (i) Except as provided in paragraphs (j) and (k) of this section, on 
and after the date on which the initial performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification commenced after February 
28, 2005 shall cause to be discharged into the atmosphere from that 
affected facility, any gases that contain SO2 in excess of 
the applicable emission limitation specified in paragraphs (i)(1) 
through (3) of this section.
    (1) For an affected facility for which construction commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 5 percent of the potential combustion concentration (95 percent 
reduction) on a 30-day rolling average basis.
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, any gases that contain SO2 in excess 
of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 5 percent of the potential combustion concentration (95 
percent reduction) on a 30-day rolling average basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:

[[Page 157]]

    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction) on a 30-day rolling average basis.
    (j) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification commenced after February 
28, 2005, and that burns 75 percent or more (by heat input) coal refuse 
on a 12-month rolling average basis, shall caused to be discharged into 
the atmosphere from that affected facility any gases that contain 
SO2 in excess of the applicable emission limitation specified 
in paragraphs (j)(1) through (3) of this section.
    (1) For an affected facility for which construction commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 6 percent of the potential combustion concentration (94 percent 
reduction) on a 30-day rolling average basis.
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, any gases that contain SO2 in excess 
of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 6 percent of the potential combustion concentration (94 
percent reduction) on a 30-day rolling average basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction) on a 30-day rolling average basis.
    (k) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility located in a 
noncontinental area that commenced construction, reconstruction, or 
modification commenced after February 28, 2005, shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the applicable emission 
limitation specified in paragraphs (k)(1) and (2) of this section.
    (1) For an affected facility that burns solid or solid-derived fuel, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 520 ng/J 
(1.2 lb/MMBtu) heat input on a 30-day rolling average basis.
    (2) For an affected facility that burns other than solid or solid-
derived fuel, the owner or operator shall not cause to be discharged 
into the atmosphere any gases that contain SO2 in excess of 
if the affected facility or 230 ng/J (0.54 lb/MMBtu) heat input on a 30-
day rolling average basis.



Sec. 60.44Da  Standard for nitrogen oxides (NOX).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility, except as provided under paragraphs (b), (d), (e), 
and (f) of this section, any gases that contain NOX 
(expressed as NO2) in excess of the following emission 
limits, based on a 30-day rolling average basis, except as provided 
under Sec. 60.48Da(j)(1):
    (1) NOX emission limits.

------------------------------------------------------------------------
                                                     Emission limit for
                                                         heat input
                     Fuel type                     ---------------------
                                                       ng/J     lb/MMBtu
------------------------------------------------------------------------
Gaseous fuels:
    Coal-derived fuels............................        210       0.50
    All other fuels...............................         86       0.20
Liquid fuels:
    Coal-derived fuels............................        210       0.50
    Shale oil.....................................        210       0.50
    All other fuels...............................        130       0.30

[[Page 158]]

 
Solid fuels:
    Coal-derived fuels............................        210       0.50
    Any fuel containing more than 25%, by weight,       \(1)\      \(1)\
     coal refuse..................................
    Any fuel containing more than 25%, by weight,         340       0.80
     lignite if the lignite is mined in North
     Dakota, South Dakota, or Montana, and is
     combusted in a slag tap furnace \2\..........
    Any fuel containing more than 25%, by weight,         260       0.60
     lignite not subject to the 340 ng/J heat
     input emission limit \2\.....................
    Subbituminous coal............................        210       0.50
    Bituminous coal...............................        260       0.60
    Anthracite coal...............................        260       0.60
    All other fuels...............................        260       0.60
------------------------------------------------------------------------
\1\ Exempt from NOX standards and NOX monitoring requirements.
\2\ Any fuel containing less than 25%, by weight, lignite is not
  prorated but its percentage is added to the percentage of the
  predominant fuel.

    (2) NOX reduction requirement.

------------------------------------------------------------------------
                                                             Percent
                                                          reduction of
                       Fuel type                            potential
                                                           combustion
                                                          concentration
------------------------------------------------------------------------
Gaseous fuels.........................................                25
Liquid fuels..........................................                30
Solid fuels...........................................                65
------------------------------------------------------------------------

    (b) The emission limitations under paragraph (a) of this section do 
not apply to any affected facility which is combusting coal-derived 
liquid fuel and is operating under a commercial demonstration permit 
issued by the Administrator in accordance with the provisions of Sec. 
60.47Da.
    (c) Except as provided under paragraphs (d), (e), and (f) of this 
section, when two or more fuels are combusted simultaneously, the 
applicable standard is determined by proration using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.010

Where:

En = Applicable standard for NOX when multiple 
fuels are combusted simultaneously (ng/J heat input);
w = Percentage of total heat input derived from the combustion of fuels 
subject to the 86 ng/J heat input standard;
x = Percentage of total heat input derived from the combustion of fuels 
subject to the 130 ng/J heat input standard;
y = Percentage of total heat input derived from the combustion of fuels 
subject to the 210 ng/J heat input standard;
z = Percentage of total heat input derived from the combustion of fuels 
subject to the 260 ng/J heat input standard; and
v = Percentage of total heat input delivered from the combustion of 
fuels subject to the 340 ng/J heat input standard.

    (d)(1) On and after the date on which the initial performance test 
is completed or required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commenced construction after July 9, 1997, but before or on February 28, 
2005 shall cause to be discharged into the atmosphere any gases that 
contain NOX (expressed as NO2) in excess of 200 
ng/J (1.6 lb/MWh) gross energy output, based on a 30-day rolling average 
basis, except as provided under Sec. 60.48Da(k).
    (2) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of affected facility for which 
reconstruction commenced after July 9, 1997, but before or on February 
28, 2005 shall cause to be discharged into the atmosphere any gases that 
contain NOX (expressed as NO2) in excess of 65 ng/
J (0.15 lb/MMBtu) heat input, based on a 30-day rolling average basis.
    (e) Except for an IGCC electric utility steam generating unit 
meeting the requirements of paragraph (f) of this section, on and after 
the date on which the initial performance test is completed or required 
to be completed under Sec. 60.8, whichever date comes first, no owner 
or operator of an affected facility that commenced construction, 
reconstruction, or modification after February 28, 2005 shall cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain NOX (expressed as NO2) in excess of 
the applicable emission limitation specified in paragraphs (e)(1) 
through (3) of this section.
    (1) For an affected facility for which construction commenced after 
February 28, 2005, the owner or operator shall not cause to be 
discharged into

[[Page 159]]

the atmosphere any gases that contain NOX (expressed as 
NO2) in excess of 130 ng/J (1.0 lb/MWh) gross energy output 
on a 30-day rolling average basis, except as provided under Sec. 
60.48Da(k).
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of either:
    (i) 130 ng/J (1.0 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 47 ng/J (0.11 lb/MMBtu) heat input on a 30-day rolling average 
basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis.
    (f) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an IGCC electric utility steam 
generating unit subject to the provisions of this subpart and for which 
construction, reconstruction, or modification commenced after February 
28, 2005, shall meet the requirements specified in paragraphs (f)(1) 
through (3) of this section.
    (1) Except as provided for in paragraphs (f)(2) and (3) of this 
section, the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX (expressed as 
NO2) in excess of 130 ng/J (1.0 lb/MWh) gross energy output 
on a 30-day rolling average basis.
    (2) When burning liquid fuel exclusively or in combination with 
solid-derived fuel such that the liquid fuel contributes 50 percent or 
more of the total heat input to the combined cycle combustion turbine, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX (expressed as 
NO2) in excess of 190 ng/J (1.5 lb/MWh) gross energy output 
on a 30-day rolling average basis.
    (3) In cases when during a 30-day rolling average compliance period 
liquid fuel is burned in such a manner to meet the conditions in 
paragraph (f)(2) of this section for only a portion of the clock hours 
in the 30-day period, the owner or operator shall not cause to be 
discharged into the atmosphere any gases that contain NOX 
(expressed as NO2) in excess of the computed weighted-average 
emissions limit based on the proportion of gross energy output (in MWh) 
generated during the compliance period for each of emissions limits in 
paragraphs (f)(1) and (2) of this section.



Sec. 60.45Da  Standard for mercury (Hg).

    (a) For each coal-fired electric utility steam generating unit other 
than an IGCC electric utility steam generating unit, on and after the 
date on which the initial performance test is completed or required to 
be completed under Sec. 60.8, whichever date comes first, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected facility for which 
construction, modification, or reconstruction commenced after January 
30, 2004, any gases that contain mercury (Hg) emissions in excess of 
each Hg emissions limit in paragraphs (a)(1) through (5) of this section 
that applies to you. The Hg emissions limits in paragraphs (a)(1) 
through (5) of this section are based on a 12-month rolling average 
basis using the procedures in Sec. 60.50Da(h).
    (1) For each coal-fired electric utility steam generating unit that 
burns only bituminous coal, you must not discharge into the atmosphere 
any gases from a new affected source that contain Hg in excess of 20 x 
10-\6\ pound per megawatt hour (lb/MWh) or 0.020 lb/gigawatt-
hour (GWh) on an output basis. The International System of Units (SI) 
equivalent is 0.0025 ng/J.
    (2) For each coal-fired electric utility steam generating unit that 
burns only subbituminous coal:
    (i) If your unit is located in a county-level geographical area 
receiving greater than 25 inches per year (in/yr) mean annual 
precipitation, based on the

[[Page 160]]

most recent publicly available U.S. Department of Agriculture 30-year 
data, you must not discharge into the atmosphere any gases from a new 
affected source that contain Hg in excess of 66 x 10-\6\ lb/
MWh or 0.066 lb/GWh on an output basis. The SI equivalent is 0.0083 ng/
J.
    (ii) If your unit is located in a county-level geographical area 
receiving less than or equal to 25 in/yr mean annual precipitation, 
based on the most recent publicly available U.S. Department of 
Agriculture 30-year data, you must not discharge into the atmosphere any 
gases from a new affected source that contain Hg in excess of 97 x 
10-\6\ lb/MWh or 0.097 lb/GWh on an output basis. The SI 
equivalent is 0.0122 ng/J.
    (3) For each coal-fired electric utility steam generating unit that 
burns only lignite, you must not discharge into the atmosphere any gases 
from a new affected source that contain Hg in excess of 175 x 
10-\6\ lb/MWh or 0.175 lb/GWh on an output basis. The SI 
equivalent is 0.0221 ng/J.
    (4) For each coal-burning electric utility steam generating unit 
that burns only coal refuse, you must not discharge into the atmosphere 
any gases from a new affected source that contain Hg in excess of 16 x 
10-\6\ lb/MWh or 0.016 lb/GWh on an output basis. The SI 
equivalent is 0.0020 ng/J.
    (5) For each coal-fired electric utility steam generating unit that 
burns a blend of coals from different coal ranks (i.e., bituminous coal, 
subbituminous coal, lignite) or a blend of coal and coal refuse, you 
must not discharge into the atmosphere any gases from a new affected 
source that contain Hg in excess of the unit-specific Hg emissions limit 
established according to paragraph (a)(5)(i) or (ii) of this section, as 
applicable to the affected unit.
    (i) If you operate a coal-fired electric utility steam generating 
unit that burns a blend of coals from different coal ranks or a blend of 
coal and coal refuse, you must not discharge into the atmosphere any 
gases from a new affected source that contain Hg in excess of the 
computed weighted Hg emissions limit based on the Btu, MWh, or MJ) 
contributed by each coal rank burned during the compliance period and 
its applicable Hg emissions limit in paragraphs (a)(1) through (4) of 
this section as determined using Equation 1 in this section. For each 
affected source, you must comply with the weighted Hg emissions limit 
calculated using Equation 1 in this section based on the total Hg 
emissions from the unit and the total Btu, MWh, or MJ contributed by all 
fuels burned during the compliance period.
[GRAPHIC] [TIFF OMITTED] TR13JN07.011

Where:

ELb = Total allowable Hg in lb/MWh that can be emitted to the 
atmosphere from any affected source being averaged according to this 
paragraph.
ELi = Hg emissions limit for the subcategory i (coal rank) 
that applies to affected source, lb/MWh;
HHi = For each affected source, the Btu, MWh, or MJ 
contributed by the corresponding subcategory i (coal rank) burned during 
the compliance period; and
n = Number of subcategories (coal ranks) being averaged for an affected 
source.

    (ii) If you operate a coal-fired electric utility steam generating 
unit that burns a blend of coals from different coal ranks or a blend of 
coal and coal refuse together with one or more non-regulated, 
supplementary fuels, you must not discharge into the atmosphere any 
gases from a new affected source that contain Hg in excess of the 
computed weighted Hg emission limit based on the Btu, MWh, or MJ 
contributed by each coal rank burned during the compliance period and 
its applicable Hg emissions limit in paragraphs (a)(1) through (4) of 
this section as determined using Equation 1 in this section. For each 
affected source. You must comply with the weighted Hg emissions limit 
calculated using Equation 1 in this section based on the total Hg 
emissions from the unit contributed by both regulated and nonregulated 
fuels burned during the compliance period and the total Btu, MWh, or MJ 
contributed by both regulated and nonregulated fuels burned during the 
compliance period.

[[Page 161]]

    (b) For each IGCC electric utility steam generating unit, on and 
after the date on which the initial performance test required to be 
conducted under Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility for which construction, 
modification, or reconstruction commenced after January 30, 2004, any 
gases that contain Hg emissions in excess of 20 x 10-\6\ lb/
MWh or 0.020 lb/GWh on an output basis. The SI equivalent is 0.0025 ng/
J. This Hg emissions limit is based on a 12-month rolling average basis 
using the procedures in Sec. 60.50Da(h).



Sec. 60.46Da  [Reserved]



Sec. 60.47Da  Commercial demonstration permit.

    (a) An owner or operator of an affected facility proposing to 
demonstrate an emerging technology may apply to the Administrator for a 
commercial demonstration permit. The Administrator will issue a 
commercial demonstration permit in accordance with paragraph (e) of this 
section. Commercial demonstration permits may be issued only by the 
Administrator, and this authority will not be delegated.
    (b) An owner or operator of an affected facility that combusts solid 
solvent refined coal (SRC-I) and who is issued a commercial 
demonstration permit by the Administrator is not subject to the 
SO2 emission reduction requirements under Sec. 60.43Da(c) 
but must, as a minimum, reduce SO2 emissions to 20 percent of 
the potential combustion concentration (80 percent reduction) for each 
24-hour period of steam generator operation and to less than 520 ng/J 
(1.20 lb/MMBtu) heat input on a 30-day rolling average basis.
    (c) An owner or operator of a fluidized bed combustion electric 
utility steam generator (atmospheric or pressurized) who is issued a 
commercial demonstration permit by the Administrator is not subject to 
the SO2 emission reduction requirements under Sec. 
60.43Da(a) but must, as a minimum, reduce SO2 emissions to 15 
percent of the potential combustion concentration (85 percent reduction) 
on a 30-day rolling average basis and to less than 520 ng/J (1.20 lb/
MMBtu) heat input on a 30-day rolling average basis.
    (d) The owner or operator of an affected facility that combusts 
coal-derived liquid fuel and who is issued a commercial demonstration 
permit by the Administrator is not subject to the applicable 
NOX emission limitation and percent reduction under Sec. 
60.44Da(a) but must, as a minimum, reduce emissions to less than 300 ng/
J (0.70 lb/MMBtu) heat input on a 30-day rolling average basis.
    (e) Commercial demonstration permits may not exceed the following 
equivalent MW electrical generation capacity for any one technology 
category, and the total equivalent MW electrical generation capacity for 
all commercial demonstration plants may not exceed 15,000 MW.

------------------------------------------------------------------------
                                                           Equivalent
                                                           electrical
                Technology                  Pollutant     capacity  (MW
                                                           electrical
                                                             output)
------------------------------------------------------------------------
Solid solvent refined coal (SCR I).......          SO2      6,000-10,000
Fluidized bed combustion (atmospheric)...          SO2         400-3,000
Fluidized bed combustion (pressurized)...          SO2         400-1,200
Coal liquification.......................          NOX        750-10,000
                                          ------------------------------
    Total allowable for all technologies.  ...........            15,000
------------------------------------------------------------------------



Sec. 60.48Da  Compliance provisions.

    (a) Compliance with the PM emission limitation under Sec. 
60.42Da(a)(1) constitutes compliance with the percent reduction 
requirements for PM under Sec. 60.42Da(a)(2) and (3).
    (b) Compliance with the NOX emission limitation under 
Sec. 60.44Da(a)(1) constitutes compliance with the percent reduction 
requirements under Sec. 60.44Da(a)(2).

[[Page 162]]

    (c) The PM emission standards under Sec. 60.42Da and the 
NOX emission standards under Sec. 60.44Da apply at all times 
except during periods of startup, shutdown, or malfunction. The sulfur 
dioxide emission standards under Sec. 60.43Da apply at all times except 
during periods of startup, shutdown, or when both emergency conditions 
exist and the procedures under paragraph (d) of this section are 
implemented.
    (d) During emergency conditions in the principal company, an 
affected facility with a malfunctioning flue gas desulfurization system 
may be operated if SO2 emissions are minimized by:
    (1) Operating all operable flue gas desulfurization system modules, 
and bringing back into operation any malfunctioned module as soon as 
repairs are completed,
    (2) Bypassing flue gases around only those flue gas desulfurization 
system modules that have been taken out of operation because they were 
incapable of any SO2 emission reduction or which would have 
suffered significant physical damage if they had remained in operation, 
and
    (3) Designing, constructing, and operating a spare flue gas 
desulfurization system module for an affected facility larger than 365 
MW (1,250 MMBtu/hr) heat input (approximately 125 MW electrical output 
capacity). The Administrator may at his discretion require the owner or 
operator within 60 days of notification to demonstrate spare module 
capability. To demonstrate this capability, the owner or operator must 
demonstrate compliance with the appropriate requirements under paragraph 
under Sec. 60.43Da(a), (b), (d), (e), and (h) for any period of 
operation lasting from 24 hours to 30 days when:
    (i) Any one flue gas desulfurization module is not operated,
    (ii) The affected facility is operating at the maximum heat input 
rate,
    (iii) The fuel fired during the 24-hour to 30-day period is 
representative of the type and average sulfur content of fuel used over 
a typical 30-day period, and
    (iv) The owner or operator has given the Administrator at least 30 
days notice of the date and period of time over which the demonstration 
will be performed.
    (e) After the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limitations and percentage 
reduction requirements under Sec. 60.43Da and the NOX 
emission limitations under Sec. 60.44Da is based on the average 
emission rate for 30 successive boiler operating days. A separate 
performance test is completed at the end of each boiler operating day 
after the initial performance test, and a new 30 day average emission 
rate for both SO2 and NOX and a new percent 
reduction for SO2 are calculated to show compliance with the 
standards.
    (f) For the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limitations and percent 
reduction requirements under Sec. 60.43Da and the NOX 
emission limitation under Sec. 60.44Da is based on the average emission 
rates for SO2, NOX, and percent reduction for 
SO2 for the first 30 successive boiler operating days. The 
initial performance test is the only test in which at least 30 days 
prior notice is required unless otherwise specified by the 
Administrator. The initial performance test is to be scheduled so that 
the first boiler operating day of the 30 successive boiler operating 
days is completed within 60 days after achieving the maximum production 
rate at which the affected facility will be operated, but not later than 
180 days after initial startup of the facility.
    (g) The owner or operator of an affected facility subject to 
emission limitations in this subpart shall determine compliance as 
follows:
    (1) Compliance with applicable 30-day rolling average SO2 
and NOX emission limitations is determined by calculating the 
arithmetic average of all hourly emission rates for SO2 and 
NOX for the 30 successive boiler operating days, except for 
data obtained during startup, shutdown, malfunction (NOX 
only), or emergency conditions (SO2 only).
    (2) Compliance with applicable SO2 percentage reduction 
requirements is determined based on the average inlet and outlet 
SO2 emission rates for the 30 successive boiler operating 
days.
    (3) Compliance with applicable daily average PM emission limitations 
is determined by calculating the arithmetic average of all hourly 
emission rates for

[[Page 163]]

PM each boiler operating day, except for data obtained during startup, 
shutdown, and malfunction. Averages are only calculated for boiler 
operating days that have valid data for at least 18 hours of unit 
operation during which the standard applies. Instead, all of the valid 
hourly emission rates of the operating day(s) not meeting the minimum 18 
hours valid data daily average requirement are averaged with all of the 
valid hourly emission rates of the next boiler operating day with 18 
hours or more of valid PM CEMS data to determine compliance.
    (h) If an owner or operator has not obtained the minimum quantity of 
emission data as required under Sec. 60.49Da of this subpart, 
compliance of the affected facility with the emission requirements under 
Sec. Sec. 60.43Da and 60.44Da of this subpart for the day on which the 
30-day period ends may be determined by the Administrator by following 
the applicable procedures in section 7 of Method 19 of appendix A of 
this part.
    (i) Compliance provisions for sources subject to Sec. 
60.44Da(d)(1), (e)(1), (e)(2)(i), (e)(3)(i), or (f). The owner or 
operator of an affected facility subject to Sec. 60.44Da(d)(1), (e)(1), 
(e)(2)(i), (e)(3)(i), or (f) shall calculate NOX emissions as 
1.194 x 10-\7\ lb/scf-ppm times the average hourly 
NOX output concentration in ppm (measured according to the 
provisions of Sec. 60.49Da(c)), times the average hourly flow rate 
(measured in scfh, according to the provisions of Sec. 60.49Da(l) or 
Sec. 60.49Da(m)), divided by the average hourly gross energy output 
(measured according to the provisions of Sec. 60.49Da(k)). 
Alternatively, for oil-fired and gas-fired units, NOX 
emissions may be calculated by multiplying the hourly NOX 
emission rate in lb/MMBtu (measured by the CEMS required under 
Sec. Sec. 60.49Da(c) and (d)), by the hourly heat input rate (measured 
according to the provisions of Sec. 60.49Da(n)), and dividing the 
result by the average gross energy output (measured according to the 
provisions of Sec. 60.49Da(k)).
    (j) Compliance provisions for duct burners subject to Sec. 
60.44Da(a)(1). To determine compliance with the emissions limits for 
NOX required by Sec. 60.44Da(a) for duct burners used in 
combined cycle systems, either of the procedures described in paragraph 
(j)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected duct burner shall conduct 
the performance test required under Sec. 60.8 using the appropriate 
methods in appendix A of this part. Compliance with the emissions limits 
under Sec. 60.44Da(a)(1) is determined on the average of three (nominal 
1-hour) runs for the initial and subsequent performance tests. During 
the performance test, one sampling site shall be located in the exhaust 
of the turbine prior to the duct burner. A second sampling site shall be 
located at the outlet from the heat recovery steam generating unit. 
Measurements shall be taken at both sampling sites during the 
performance test; or
    (2) The owner or operator of an affected duct burner may elect to 
determine compliance by using the CEMS specified under Sec. 60.49Da for 
measuring NOX and oxygen (O2) (or carbon dioxide 
(CO2)) and meet the requirements of Sec. 60.49Da. 
Alternatively, data from a NOX emission rate (i.e., 
NOX-diluent) CEMS certified according to the provisions of 
Sec. 75.20(c) of this chapter and appendix A to part 75 of this 
chapter, and meeting the quality assurance requirements of Sec. 75.21 
of this chapter and appendix B to part 75 of this chapter, may be used, 
with the following caveats. Data used to meet the requirements of Sec. 
60.51Da shall not include substitute data values derived from the 
missing data procedures in subpart D of part 75 of this chapter, nor 
shall the data have been bias adjusted according to the procedures of 
part 75 of this chapter. The sampling site shall be located at the 
outlet from the steam generating unit. The NOX emission rate 
at the outlet from the steam generating unit shall constitute the 
NOX emission rate from the duct burner of the combined cycle 
system.
    (k) Compliance provisions for duct burners subject to Sec. 
60.44Da(d)(1) or (e)(1). To determine compliance with the emission 
limitation for NOX required by Sec. 60.44Da(d)(1) or (e)(1) 
for duct burners used in combined cycle systems, either of the 
procedures described in paragraphs (k)(1) and (2) of this section may be 
used:

[[Page 164]]

    (1) The owner or operator of an affected duct burner used in 
combined cycle systems shall determine compliance with the applicable 
NOX emission limitation in Sec. 60.44Da(d)(1) or (e)(1) as 
follows:
    (i) The emission rate (E) of NOX shall be computed using 
Equation 2 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.012

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
gross output;
Csg = Average hourly concentration of NOX exiting 
the steam generating unit, ng/dscm (lb/dscf);
Cte = Average hourly concentration of NOX in the 
turbine exhaust upstream from duct burner, ng/dscm (lb/dscf);
Qsg = Average hourly volumetric flow rate of exhaust gas from 
steam generating unit, dscm/hr (dscf/hr);
Qte = Average hourly volumetric flow rate of exhaust gas from 
combustion turbine, dscm/hr (dscf/hr);
Osg = Average hourly gross energy output from steam 
generating unit, J (MWh); and
h = Average hourly fraction of the total heat input to the steam 
generating unit derived from the combustion of fuel in the affected duct 
burner.

    (ii) Method 7E of appendix A of this part shall be used to determine 
the NOX concentrations (Csg and Cte). 
Method 2, 2F or 2G of appendix A of this part, as appropriate, shall be 
used to determine the volumetric flow rates (Qsg and 
Qte) of the exhaust gases. The volumetric flow rate 
measurements shall be taken at the same time as the concentration 
measurements.
    (iii) The owner or operator shall develop, demonstrate, and provide 
information satisfactory to the Administrator to determine the average 
hourly gross energy output from the steam generating unit, and the 
average hourly percentage of the total heat input to the steam 
generating unit derived from the combustion of fuel in the affected duct 
burner.
    (iv) Compliance with the applicable NOX emission 
limitation in Sec. 60.44Da(d)(1) or (e)(1) is determined by the three-
run average (nominal 1-hour runs) for the initial and subsequent 
performance tests.
    (2) The owner or operator of an affected duct burner used in a 
combined cycle system may elect to determine compliance with the 
applicable NOX emission limitation in Sec. 60.44Da(d)(1) or 
(e)(1) on a 30-day rolling average basis as indicated in paragraphs 
(k)(2)(i) through (iv) of this section.
    (i) The emission rate (E) of NOX shall be computed using 
Equation 3 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.013

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
gross output;
Csg = Average hourly concentration of NOX exiting 
the steam generating unit, ng/dscm (lb/dscf);
Qsg = Average hourly volumetric flow rate of exhaust gas from 
steam generating unit, dscm/hr (dscf/hr); and
Occ = Average hourly gross energy output from entire combined 
cycle unit, J (MWh).

    (ii) The CEMS specified under Sec. 60.49Da for measuring 
NOX and O2 (or CO2) shall be used to 
determine the average hourly NOX concentrations 
(Csg). The continuous flow monitoring system specified in 
Sec. 60.49Da(l) or Sec. 60.49Da(m) shall be used to determine the 
volumetric flow rate (Qsg) of the exhaust gas. If the option 
to use the flow monitoring system in Sec. 60.49Da(m) is selected, the 
flow rate data used to meet the requirements of Sec. 60.51Da shall not 
include substitute data values derived from the missing data procedures 
in subpart D of part 75 of this chapter, nor shall the data have been 
bias adjusted according to the procedures of part 75 of this chapter. 
The sampling site shall be located at the outlet from the steam 
generating unit.
    (iii) The continuous monitoring system specified under Sec. 
60.49Da(k) for measuring and determining gross energy output shall be 
used to determine the average hourly gross energy output from the entire 
combined cycle unit (Occ), which is the combined output from 
the combustion turbine and the steam generating unit.
    (iv) The owner or operator may, in lieu of installing, operating, 
and recording data from the continuous flow monitoring system specified 
in

[[Page 165]]

Sec. 60.49Da(l), determine the mass rate (lb/hr) of NOX 
emissions by installing, operating, and maintaining continuous fuel 
flowmeters following the appropriate measurements procedures specified 
in appendix D of part 75 of this chapter. If this compliance option is 
selected, the emission rate (E) of NOX shall be computed 
using Equation 4 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.014

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
gross output;
ERsg = Average hourly emission rate of NOX exiting 
the steam generating unit heat input calculated using appropriate F 
factor as described in Method 19 of appendix A of this part, ng/J (lb/
MMBtu);
Hcc = Average hourly heat input rate of entire combined cycle 
unit, J/hr (MMBtu/hr); and
Occ = Average hourly gross energy output from entire combined 
cycle unit, J (MWh).

    (3) When an affected duct burner steam generating unit utilizes a 
common steam turbine with one or more affected duct burner steam 
generating units, the owner or operator shall either:
    (i) Determine compliance with the applicable NOX 
emissions limits by measuring the emissions combined with the emissions 
from the other unit(s) utilizing the common steam turbine; or
    (ii) Develop, demonstrate, and provide information satisfactory to 
the Administrator on methods for apportioning the combined gross energy 
output from the steam turbine for each of the affected duct burners. The 
Administrator may approve such demonstrated substitute methods for 
apportioning the combined gross energy output measured at the steam 
turbine whenever the demonstration ensures accurate estimation of 
emissions regulated under this part.
    (l) Compliance provisions for sources subject to Sec. 60.45Da. The 
owner or operator of an affected facility subject to Sec. 60.45Da (new 
sources constructed or reconstructed after January 30, 2004) shall 
calculate the Hg emission rate (lb/MWh) for each calendar month of the 
year, using hourly Hg concentrations measured according to the 
provisions of Sec. 60.49Da(p) in conjunction with hourly stack gas 
volumetric flow rates measured according to the provisions of Sec. 
60.49Da(l) or (m), and hourly gross electrical outputs, determined 
according to the provisions in Sec. 60.49Da(k). Compliance with the 
applicable standard under Sec. 60.45Da is determined on a 12-month 
rolling average basis.
    (m) Compliance provisions for sources subject to Sec. 
60.43Da(i)(1)(i), (i)(2)(i), (i)(3)(i), (j)(1)(i), (j)(2)(i), or 
(j)(3)(i). The owner or operator of an affected facility subject to 
Sec. 60.43Da(i)(1)(i), (i)(2)(i), (i)(3)(i), (j)(1)(i), (j)(2)(i), or 
(j)(3)(i) shall calculate SO2 emissions as 1.660 x 
10-7 lb/scf-ppm times the average hourly SO2 
output concentration in ppm (measured according to the provisions of 
Sec. 60.49Da(b)), times the average hourly flow rate (measured 
according to the provisions of Sec. 60.49Da(l) or Sec. 60.49Da(m)), 
divided by the average hourly gross energy output (measured according to 
the provisions of Sec. 60.49Da(k)). Alternatively, for oil-fired and 
gas-fired units, SO2 emissions may be calculated by 
multiplying the hourly SO2 emission rate (in lb/MMBtu), 
measured by the CEMS required under Sec. 60.49Da, by the hourly heat 
input rate (measured according to the provisions of Sec. 60.49Da(n)), 
and dividing the result by the average gross energy output (measured 
according to the provisions of Sec. 60.49Da(k)).
    (n) Compliance provisions for sources subject to Sec. 
60.42Da(c)(1). The owner or operator of an affected facility subject to 
Sec. 60.42Da(c)(1) shall calculate PM emissions by multiplying the 
average hourly PM output concentration (measured according to the 
provisions of Sec. 60.49Da(t)), by the average hourly flow rate 
(measured according to the provisions of Sec. 60.49Da(l) or Sec. 
60.49Da(m)), and divided by the average hourly gross energy output 
(measured according to the provisions of Sec. 60.49Da(k)). Compliance 
with the emission limit is determined by calculating the arithmetic 
average of the hourly emission rates computed for each boiler operating 
day.
    (o) Compliance provisions for sources subject to Sec. 60.42Da(c)(2) 
or (d). Except as provided for in paragraph (p) of this

[[Page 166]]

section, the owner or operator of an affected facility for which 
construction, reconstruction, or modification commenced after February 
28, 2005, shall demonstrate compliance with each applicable emission 
limit according to the requirements in paragraphs (o)(1) through (o)(5) 
of this section.
    (1) You must conduct a performance test to demonstrate initial 
compliance with the applicable PM emissions limit in Sec. 60.42Da(c)(2) 
or (d) by the applicable date specified in Sec. 60.8(a). Thereafter, 
you must conduct each subsequent performance test within 12 calendar 
months following the date the previous performance test was required to 
be conducted. You must conduct each performance test according to the 
requirements in Sec. 60.8 using the test methods and procedures in 
Sec. 60.50Da. The owner or operator of an affected facility that has 
not operated for 60 consecutive calendar days prior to the date that the 
subsequent performance test would have been required had the unit been 
operating is not required to perform the subsequent performance test 
until 30 calendar days after the next boiler operating day. Requests for 
additional 30 day extensions shall be granted by the relevant air 
division or office director of the appropriate Regional Office of the 
U.S. EPA.
    (2) You must monitor the performance of each electrostatic 
precipitator or fabric filter (baghouse) operated to comply with the 
applicable PM emissions limit in Sec. 60.42Da(c)(2) or (d) using a 
continuous opacity monitoring system (COMS) according to the 
requirements in paragraphs (o)(2)(i) through (vi) unless you elect to 
comply with one of the alternatives provided in paragraphs (o)(3) and 
(o)(4) of this section, as applicable to your control device.
    (i) Each COMS must meet Performance Specification 1 in 40 CFR part 
60, appendix B.
    (ii) You must comply with the quality assurance requirements in 
paragraphs (o)(2)(ii)(A) through (E) of this section.
    (A) You must automatically (intrinsic to the opacity monitor) check 
the zero and upscale (span) calibration drifts at least once daily. For 
a particular COMS, the acceptable range of zero and upscale calibration 
materials is as defined in the applicable version of Performance 
Specification 1 in 40 CFR part 60, appendix B.
    (B) You must adjust the zero and span whenever the 24-hour zero 
drift or 24-hour span drift exceeds 4 percent opacity. The COMS must 
allow for the amount of excess zero and span drift measured at the 24-
hour interval checks to be recorded and quantified. The optical surfaces 
exposed to the effluent gases must be cleaned prior to performing the 
zero and span drift adjustments, except for systems using automatic zero 
adjustments. For systems using automatic zero adjustments, the optical 
surfaces must be cleaned when the cumulative automatic zero compensation 
exceeds 4 percent opacity.
    (C) You must apply a method for producing a simulated zero opacity 
condition and an upscale (span) opacity condition using a certified 
neutral density filter or other related technique to produce a known 
obscuration of the light beam. All procedures applied must provide a 
system check of the analyzer internal optical surfaces and all 
electronic circuitry including the lamp and photodetector assembly.
    (D) Except during periods of system breakdowns, repairs, calibration 
checks, and zero and span adjustments, the COMS must be in continuous 
operation and must complete a minimum of one cycle of sampling and 
analyzing for each successive 10 second period and one cycle of data 
recording for each successive 6-minute period.
    (E) You must reduce all data from the COMS to 6-minute averages. 
Six-minute opacity averages must be calculated from 36 or more data 
points equally spaced over each 6-minute period. Data recorded during 
periods of system breakdowns, repairs, calibration checks, and zero and 
span adjustments must not be included in the data averages. An 
arithmetic or integrated average of all data may be used.
    (iii) During each performance test conducted according to paragraph 
(o)(1) of this section, you must establish an opacity baseline level. 
The value of the opacity baseline level is determined by averaging all 
of the 6-

[[Page 167]]

minute average opacity values (reported to the nearest 0.1 percent 
opacity) from the COMS measurements recorded during each of the test run 
intervals conducted for the performance test, and then adding 2.5 
percent opacity to your calculated average opacity value for all of the 
test runs. If your opacity baseline level is less than 5.0 percent, then 
the opacity baseline level is set at 5.0 percent.
    (iv) You must evaluate the preceding 24-hour average opacity level 
measured by the COMS each boiler operating day excluding periods of 
affected facility startup, shutdown, or malfunction. If the measured 24-
hour average opacity emission level is greater than the baseline opacity 
level determined in paragraph (o)(2)(iii) of this section, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high opacity incident and 
take the appropriate corrective action as soon as practicable to adjust 
control settings or repair equipment to reduce the measured 24-hour 
average opacity to a level below the baseline opacity level. In cases 
when a wet scrubber is used in combination with another PM control 
device that serves as the primary PM control device, the wet scrubber 
must be maintained and operated.
    (v) You must record the opacity measurements, calculations 
performed, and any corrective actions taken. The record of corrective 
action taken must include the date and time during which the measured 
24-hour average opacity was greater than baseline opacity level, and the 
date, time, and description of the corrective action.
    (vi) If the measured 24-hour average opacity for your affected 
facility remains at a level greater than the opacity baseline level 
after 7 boiler operating days, then you must conduct a new PM 
performance test according to paragraph (o)(1) of this section and 
establish a new opacity baseline value according to paragraph (o)(2) of 
this section. This new performance test must be conducted within 60 days 
of the date that the measured 24-hour average opacity was first 
determined to exceed the baseline opacity level unless a waiver is 
granted by the permitting authority.
    (3) As an alternative to complying with the requirements of 
paragraph (o)(2) of this section, an owner or operator may elect to 
monitor the performance of an electrostatic precipitator (ESP) operated 
to comply with the applicable PM emissions limit in Sec. 60.42Da(c)(2) 
or (d) using an ESP predictive model developed in accordance with the 
requirements in paragraphs (o)(3)(i) through (v) of this section.
    (i) You must calibrate the ESP predictive model with each PM control 
device used to comply with the applicable PM emissions limit in Sec. 
60.42Da(c)(2) or (d) operating under normal conditions. In cases when a 
wet scrubber is used in combination with an ESP to comply with the PM 
emissions limit, the wet scrubber must be maintained and operated.
    (ii) You must develop a site-specific monitoring plan that includes 
a description of the ESP predictive model used, the model input 
parameters, and the procedures and criteria for establishing monitoring 
parameter baseline levels indicative of compliance with the PM emissions 
limit. You must submit the site-specific monitoring plan for approval by 
the permitting authority. For reference purposes in preparing the 
monitoring plan, see the OAQPS ``Compliance Assurance Monitoring (CAM) 
Protocol for an Electrostatic Precipitator (ESP) Controlling Particulate 
Matter (PM) Emissions from a Coal-Fired Boiler.'' This document is 
available from the U.S. Environmental Protection Agency (U.S. EPA); 
Office of Air Quality Planning and Standards; Sector Policies and 
Programs Division; Measurement Policy Group (D243-02), Research Triangle 
Park, NC 27711. This document is also available on the Technology 
Transfer Network (TTN) under Emission Measurement Center Continuous 
Emission Monitoring.
    (iii) You must run the ESP predictive model using the applicable 
input data each boiler operating day and evaluate the model output for 
the preceding boiler operating day excluding periods of affected 
facility startup, shutdown, or malfunction. If the values for one or 
more of the model parameters exceed the applicable baseline levels 
determined according to your approved site-

[[Page 168]]

specific monitoring plan, you must initiate investigation of the 
relevant equipment and control systems within 24 hours of the first 
discovery of a model parameter deviation and, take the appropriate 
corrective action as soon as practicable to adjust control settings or 
repair equipment to return the model output to within the applicable 
baseline levels.
    (iv) You must record the ESP predictive model inputs and outputs and 
any corrective actions taken. The record of corrective action taken must 
include the date and time during which the model output values exceeded 
the applicable baseline levels, and the date, time, and description of 
the corrective action.
    (v) If after 7 consecutive days a model parameter continues to 
exceed the applicable baseline level, then you must conduct a new PM 
performance test according to paragraph (o)(1) of this section. This new 
performance test must be conducted within 60 calendar days of the date 
that the model parameter was first determined to exceed its baseline 
level unless a waiver is granted by the permitting authority.
    (4) As an alternative to complying with the requirements of 
paragraph (o)(2) of this section, an owner or operator may elect to 
monitor the performance of a fabric filter (baghouse) operated to comply 
with the applicable PM emissions limit in Sec. 60.42Da(c)(2) or (d) by 
using a bag leak detection system according to the requirements in 
paragraphs (o)(4)(i) through (v) of this section.
    (i) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (o)(4)(i)(A) through (H) of this section.
    (A) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
foot) or less.
    (B) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator must continuously record the 
output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger.)
    (C) The bag leak detection system must be equipped with an alarm 
system that will react when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (o)(4)(i)(D) of this section, and the alarm must be located 
such that it can be noticed by the appropriate plant personnel.
    (D) In the initial adjustment of the bag leak detection system, you 
must establish, at a minimum, the baseline output by adjusting the 
sensitivity (range) and the averaging period of the device, the alarm 
set points, and the alarm delay time.
    (E) Following initial adjustment, you must not adjust the averaging 
period, alarm set point, or alarm delay time without approval from the 
permitting authority except as provided in paragraph (d)(1)(vi) of this 
section.
    (F) Once per quarter, you may adjust the sensitivity of the bag leak 
detection system to account for seasonal effects, including temperature 
and humidity, according to the procedures identified in the site-
specific monitoring plan required by paragraph (o)(4)(ii) of this 
section.
    (G) You must install the bag leak detection sensor downstream of the 
fabric filter and upstream of any wet scrubber.
    (H) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (ii) You must develop and submit to the permitting authority for 
approval a site-specific monitoring plan for each bag leak detection 
system. You must operate and maintain the bag leak detection system 
according to the site-specific monitoring plan at all times. Each 
monitoring plan must describe the items in paragraphs (o)(4)(ii)(A) 
through (F) of this section.
    (A) Installation of the bag leak detection system;
    (B) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (C) Operation of the bag leak detection system, including quality 
assurance procedures;

[[Page 169]]

    (D) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (E) How the bag leak detection system output will be recorded and 
stored; and
    (F) Corrective action procedures as specified in paragraph 
(o)(4)(iii) of this section. In approving the site-specific monitoring 
plan, the permitting authority may allow owners and operators more than 
3 hours to alleviate a specific condition that causes an alarm if the 
owner or operator identifies in the monitoring plan this specific 
condition as one that could lead to an alarm, adequately explains why it 
is not feasible to alleviate this condition within 3 hours of the time 
the alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable.
    (iii) For each bag leak detection system, you must initiate 
procedures to determine the cause of every alarm within 1 hour of the 
alarm. Except as provided in paragraph (o)(4)(ii)(F) of this section, 
you must alleviate the cause of the alarm within 3 hours of the alarm by 
taking whatever corrective action(s) are necessary. Corrective actions 
may include, but are not limited to the following:
    (A) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
particulate emissions;
    (B) Sealing off defective bags or filter media;
    (C) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (D) Sealing off a defective fabric filter compartment;
    (E) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (F) Shutting down the process producing the particulate emissions.
    (iv) You must maintain records of the information specified in 
paragraphs (o)(4)(iv)(A) through (C) of this section for each bag leak 
detection system.
    (A) Records of the bag leak detection system output;
    (B) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (C) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
if procedures were initiated within 1 hour of the alarm, the cause of 
the alarm, an explanation of the actions taken, the date and time the 
cause of the alarm was alleviated, and if the alarm was alleviated 
within 3 hours of the alarm.
    (v) If after any period composed of 30 boiler operating days during 
which the alarm rate exceeds 5 percent of the process operating time 
(excluding control device or process startup, shutdown, and 
malfunction), then you must conduct a new PM performance test according 
to paragraph (o)(1) of this section. This new performance test must be 
conducted within 60 calendar days of the date that the alarm rate was 
first determined to exceed 5 percent limit unless a waiver is granted by 
the permitting authority.
    (5) An owner or operator of a modified affected facility electing to 
meet the emission limitations in Sec. 60.42Da(d) shall determine the 
percent reduction in PM by using the emission rate for PM determined by 
the performance test conducted according to the requirements in 
paragraph (o)(1) of this section and the ash content on a mass basis of 
the fuel burned during each performance test run as determined by 
analysis of the fuel as fired.
    (p) As an alternative to meeting the compliance provisions specified 
in paragraph (o) of this section, an owner or operator may elect to 
install, evaluate, maintain, and operate a CEMS measuring PM emissions 
discharged from the affected facility to the atmosphere and record the 
output of the system as specified in paragraphs (p)(1) through (p)(8) of 
this section.
    (1) The owner or operator shall submit a written notification to the 
Administrator of intent to demonstrate compliance with this subpart by 
using a CEMS measuring PM. This notification shall be sent at least 30 
calendar days before the initial startup of the

[[Page 170]]

monitor for compliance determination purposes. The owner or operator may 
discontinue operation of the monitor and instead return to demonstration 
of compliance with this subpart according to the requirements in 
paragraph (o) of this section by submitting written notification to the 
Administrator of such intent at least 30 calendar days before shutdown 
of the monitor for compliance determination purposes.
    (2) Each CEMS shall be installed, evaluated, operated, and 
maintained according to the requirements in Sec. 60.49Da(v).
    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of the date of notification to the Administrator 
required under paragraph (p)(1) of this section, whichever is later.
    (4) Compliance with the applicable emissions limit shall be 
determined based on the 24-hour daily (block) average of the hourly 
arithmetic average emissions concentrations using the continuous 
monitoring system outlet data. The 24-hour block arithmetic average 
emission concentration shall be calculated using EPA Reference Method 19 
of appendix A of this part, section 4.1.
    (5) At a minimum, valid CEMS hourly averages shall be obtained for 
75 percent of all operating hours on a 30-day rolling average basis. 
Beginning on January 1, 2012, valid CEMS hourly averages shall be 
obtained for 90 percent of all operating hours on a 30-day rolling 
average basis.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (6) The 1-hour arithmetic averages required shall be expressed in 
ng/J, MMBtu/hr, or lb/MWh and shall be used to calculate the boiler 
operating day daily arithmetic average emission concentrations. The 1-
hour arithmetic averages shall be calculated using the data points 
required under Sec. 60.13(e)(2) of subpart A of this part.
    (7) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (j)(5) of this section are not met.
    (8) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 90 percent (only 75 percent is required prior to January 1, 
2012) of all operating hours per 30-day rolling average.
    (q) Compliance provisions for sources subject to Sec. 60.42Da(b). 
An owner or operator of an affected facility subject to the opacity 
standard in Sec. 60.42Da(b) shall monitor the opacity of emissions 
discharged from the affected facility to the atmosphere according to the 
requirements in Sec. 60.49Da(a), as applicable to the affected 
facility.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009; 76 
FR 3522, Jan. 20, 2011]



Sec. 60.49Da  Emission monitoring.

    (a) An owner or operator of an affected facility subject to the 
opacity standard in Sec. 60.42Da(b) shall monitor the opacity of 
emissions discharged from the affected facility to the atmosphere 
according to the applicable requirements in paragraphs (a)(1) through 
(3) of this section.
    (1) Except as provided for in paragraph (a)(2) of this section, the 
owner or operator of an affected facility, shall install, calibrate, 
maintain, and operate a COMS, and record the output of the system, for 
measuring the opacity of emissions discharged to the atmosphere. If 
opacity interference due to water droplets exists in the stack (for 
example, from the use of an FGD system), the opacity is monitored 
upstream of the interference (at the inlet to the FGD system). If 
opacity interference is experienced at all locations (both at the inlet 
and outlet of the SO2 control system), alternate parameters 
indicative of the PM control system's performance and/or good combustion 
are monitored (subject to the approval of the Administrator).
    (2) As an alternative to the monitoring requirements in paragraph 
(a)(1)

[[Page 171]]

of this section, an owner or operator of an affected facility that meets 
the conditions in either paragraph (a)(2)(i), (ii), or (iii) of this 
section may elect to monitor opacity as specified in paragraph (a)(3) of 
this section.
    (i) The affected facility uses a fabric filter (baghouse) to meet 
the standards in Sec. 60.42Da and a bag leak detection system is 
installed and operated according to the requirements in paragraphs Sec. 
60.48Da(o)(4)(i) through (v);
    (ii) The affected facility burns only gaseous or liquid fuels 
(excluding residual oil) with potential SO2 emissions rates 
of 26 ng/J (0.060 lb/MMBtu) or less, and does not use a post-combustion 
technology to reduce emissions of SO2 or PM; or
    (iii) The affected facility meets all of the conditions specified in 
paragraphs (a)(2)(iii)(A) through (C) of this section.
    (A) No post-combustion technology (except a wet scrubber) is used 
for reducing PM, SO2, or carbon monoxide (CO) emissions;
    (B) Only natural gas, gaseous fuels, or fuel oils that contain less 
than or equal to 0.30 weight percent sulfur are burned; and
    (C) Emissions of CO discharged to the atmosphere are maintained at 
levels less than or equal to 1.4 lb/MWh on a boiler operating day 
average basis as demonstrated by the use of a CEMS measuring CO 
emissions according to the procedures specified in paragraph (u) of this 
section.
    (3) The owner or operators of an affected facility that meets the 
conditions in paragraph (a)(2) of this section may, as an alternative to 
using a COMS, elect to monitor visible emissions using the applicable 
procedures specified in paragraphs (a)(3)(i) through (iv) of this 
section. The opacity performance test requirement in paragraph (a)(3)(i) 
must be conducted by April 29, 2011, within 45 days after stopping use 
of an existing COMS, or within 180 days after initial startup of the 
facility, whichever is later. The permitting authority may exempt owners 
or operators of affected facilities burning only natural gas from the 
opacity monitoring requirements.
    (i) The owner or operator shall conduct a performance test using 
Method 9 of appendix A-4 of this part and the procedures in Sec. 60.11. 
If during the initial 60 minutes of the observation all the 6-minute 
averages are less than 10 percent and all the individual 15-second 
observations are less than or equal to 20 percent, then the observation 
period may be reduced from 3 hours to 60 minutes.
    (ii) Except as provided in paragraph (a)(3)(iii) or (iv) of this 
section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (a)(3)(i) of this section according to the applicable schedule 
in paragraphs (a)(3)(ii)(A) through (a)(3)(ii)(D) of this section, as 
determined by the most recent Method 9 of appendix A-4 of this part 
performance test results.
    (A) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted;
    (B) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar months from the date that the most recent performance test 
was conducted;
    (C) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted; or
    (D) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (iii) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance tests, elect to 
perform subsequent monitoring using Method 22 of

[[Page 172]]

appendix A-7 of this part according to the procedures specified in 
paragraphs (a)(3)(iii)(A) and (B) of this section.
    (A) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e., 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (a)(3)(i) of this section within 45 
calendar days according to the requirements in Sec. 60.50Da(b)(3).
    (B) If no visible emissions are observed for 30 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (iv) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (a)(3)(iii) of this section. For reference 
purposes in preparing the monitoring plan, see OAQPS ``Determination of 
Visible Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (b) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring SO2 emissions, except where natural gas 
is the only fuel combusted, as follows:
    (1) Sulfur dioxide emissions are monitored at both the inlet and 
outlet of the SO2 control device.
    (2) For a facility that qualifies under the numerical limit 
provisions of Sec. 60.43Da(d), (i), (j), or (k) SO2 
emissions are only monitored as discharged to the atmosphere.
    (3) An ``as fired'' fuel monitoring system (upstream of coal 
pulverizers) meeting the requirements of Method 19 of appendix A of this 
part may be used to determine potential SO2 emissions in 
place of a continuous SO2 emission monitor at the inlet to 
the SO2 control device as required under paragraph (b)(1) of 
this section.
    (4) If the owner or operator has installed and certified a 
SO2 CEMS according to the requirements of Sec. 75.20(c)(1) 
of this chapter and appendix A to part 75 of this chapter, and is 
continuing to meet the ongoing quality assurance requirements of Sec. 
75.21 of this chapter and appendix B to part 75 of this chapter, that 
CEMS may be used to meet the requirements of this section, provided 
that:
    (i) A CO2 or O2 continuous monitoring system 
is installed, calibrated, maintained and operated at the same location, 
according to paragraph (d) of this section; and
    (ii) For sources subject to an SO2 emission limit in lb/
MMBtu under Sec. 60.43Da:

[[Page 173]]

    (A) When relative accuracy testing is conducted, SO2 
concentration data and CO2 (or O2) data are 
collected simultaneously; and
    (B) In addition to meeting the applicable SO2 and 
CO2 (or O2) relative accuracy specifications in 
Figure 2 of appendix B to part 75 of this chapter, the relative accuracy 
(RA) standard in section 13.2 of Performance Specification 2 in appendix 
B to this part is met when the RA is calculated on a lb/MMBtu basis; and
    (iii) The reporting requirements of Sec. 60.51Da are met. The 
SO2 and, if required, CO2 (or O2) data 
reported to meet the requirements of Sec. 60.51Da shall not include 
substitute data values derived from the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the SO2 data 
have been bias adjusted according to the procedures of part 75 of this 
chapter.
    (c)(1) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring NOX emissions discharged to the 
atmosphere; or
    (2) If the owner or operator has installed a NOX emission 
rate CEMS to meet the requirements of part 75 of this chapter and is 
continuing to meet the ongoing requirements of part 75 of this chapter, 
that CEMS may be used to meet the requirements of this section, except 
that the owner or operator shall also meet the requirements of Sec. 
60.51Da. Data reported to meet the requirements of Sec. 60.51Da shall 
not include data substituted using the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (d) The owner or operator of an affected facility not complying with 
an output based limit shall install, calibrate, maintain, and operate a 
CEMS, and record the output of the system, for measuring the 
O2 or carbon dioxide (CO2) content of the flue 
gases at each location where SO2 or NOX emissions 
are monitored. For affected facilities subject to a lb/MMBtu 
SO2 emission limit under Sec. 60.43Da, if the owner or 
operator has installed and certified a CO2 or O2 
monitoring system according to Sec. 75.20(c) of this chapter and 
appendix A to part 75 of this chapter and the monitoring system 
continues to meet the applicable quality-assurance provisions of Sec. 
75.21 of this chapter and appendix B to part 75 of this chapter, that 
CEMS may be used together with the part 75 SO2 concentration 
monitoring system described in paragraph (b) of this section, to 
determine the SO2 emission rate in lb/MMBtu. SO2 
data used to meet the requirements of Sec. 60.51Da shall not include 
substitute data values derived from the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (e) The CEMS under paragraphs (b), (c), and (d) of this section are 
operated and data recorded during all periods of operation of the 
affected facility including periods of startup, shutdown, malfunction or 
emergency conditions, except for CEMS breakdowns, repairs, calibration 
checks, and zero and span adjustments.
    (f)(1) For units that began construction, reconstruction, or 
modification on or before February 28, 2005, the owner or operator shall 
obtain emission data for at least 18 hours in at least 22 out of 30 
successive boiler operating days. If this minimum data requirement 
cannot be met with CEMS, the owner or operator shall supplement emission 
data with other monitoring systems approved by the Administrator or the 
reference methods and procedures as described in paragraph (h) of this 
section.
    (2) For units that began construction, reconstruction, or 
modification after February 28, 2005, the owner or operator shall obtain 
emission data for at least 90 percent of all operating hours for each 30 
successive boiler operating days. If this minimum data requirement 
cannot be met with a CEMS, the owner or operator shall supplement 
emission data with other monitoring systems approved by the 
Administrator or the reference methods and procedures as described in 
paragraph (h) of this section.
    (g) The 1-hour averages required under paragraph Sec. 60.13(h) are 
expressed in ng/J (lb/MMBtu) heat input and used to calculate the 
average emission rates

[[Page 174]]

under Sec. 60.48Da. The 1-hour averages are calculated using the data 
points required under Sec. 60.13(h)(2).
    (h) When it becomes necessary to supplement CEMS data to meet the 
minimum data requirements in paragraph (f) of this section, the owner or 
operator shall use the reference methods and procedures as specified in 
this paragraph. Acceptable alternative methods and procedures are given 
in paragraph (j) of this section.
    (1) Method 6 of appendix A of this part shall be used to determine 
the SO2 concentration at the same location as the 
SO2 monitor. Samples shall be taken at 60-minute intervals. 
The sampling time and sample volume for each sample shall be at least 20 
minutes and 0.020 dscm (0.71 dscf). Each sample represents a 1-hour 
average.
    (2) Method 7 of appendix A of this part shall be used to determine 
the NOX concentration at the same location as the 
NOX monitor. Samples shall be taken at 30-minute intervals. 
The arithmetic average of two consecutive samples represents a 1-hour 
average.
    (3) The emission rate correction factor, integrated bag sampling and 
analysis procedure of Method 3B of appendix A of this part shall be used 
to determine the O2 or CO2 concentration at the 
same location as the O2 or CO2 monitor. Samples 
shall be taken for at least 30 minutes in each hour. Each sample 
represents a 1-hour average.
    (4) The procedures in Method 19 of appendix A of this part shall be 
used to compute each 1-hour average concentration in ng/J (lb/MMBtu) 
heat input.
    (i) The owner or operator shall use methods and procedures in this 
paragraph to conduct monitoring system performance evaluations under 
Sec. 60.13(c) and calibration checks under Sec. 60.13(d). Acceptable 
alternative methods and procedures are given in paragraph (j) of this 
section.
    (1) Methods 3B, 6, and 7 of appendix A of this part shall be used to 
determine O2, SO2, and NOX 
concentrations, respectively.
    (2) SO2 or NOX (NO), as applicable, shall be 
used for preparing the calibration gas mixtures (in N2, as 
applicable) under Performance Specification 2 of appendix B of this 
part.
    (3) For affected facilities burning only fossil fuel, the span value 
for a COMS is between 60 and 80 percent. Span values for a CEMS 
measuring NOX shall be determined using one of the following 
procedures:
    (i) Except as provided under paragraph (i)(3)(ii) of this section, 
NOX span values shall be determined as follows:

------------------------------------------------------------------------
             Fossil fuel                  Span values for NOX  (ppm)
------------------------------------------------------------------------
Gas.................................  500.
Liquid..............................  500.
Solid...............................  1,000.
Combination.........................  500 (x + y) + 1,000z.
------------------------------------------------------------------------

Where:

x = Fraction of total heat input derived from gaseous fossil fuel,
y = Fraction of total heat input derived from liquid fossil fuel, and
z = Fraction of total heat input derived from solid fossil fuel.

    (ii) As an alternative to meeting the requirements of paragraph 
(i)(3)(i) of this section, the owner or operator of an affected facility 
may elect to use the NOX span values determined according to 
section 2.1.2 in appendix A to part 75 of this chapter.
    (4) All span values computed under paragraph (i)(3)(i) of this 
section for burning combinations of fossil fuels are rounded to the 
nearest 500 ppm. Span values computed under paragraph (i)(3)(ii) of this 
section shall be rounded off according to section 2.1.2 in appendix A to 
part 75 of this chapter.
    (5) For affected facilities burning fossil fuel, alone or in 
combination with non-fossil fuel and determining span values under 
paragraph (i)(3)(i) of this section, the span value of the 
SO2 CEMS at the inlet to the SO2 control device is 
125 percent of the maximum estimated hourly potential emissions of the 
fuel fired, and the outlet of the SO2 control device is 50 
percent of maximum estimated hourly potential emissions of the fuel 
fired. For affected facilities determining span values under paragraph 
(i)(3)(ii) of this section, SO2 span values shall be 
determined according to section 2.1.1 in appendix A to part 75 of this 
chapter.
    (j) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:

[[Page 175]]

    (1) For Method 6 of appendix A of this part, Method 6A or 6B 
(whenever Methods 6 and 3 or 3B of appendix A of this part data are 
used) or 6C of appendix A of this part may be used. Each Method 6B of 
appendix A of this part sample obtained over 24 hours represents 24 1-
hour averages. If Method 6A or 6B of appendix A of this part is used 
under paragraph (i) of this section, the conditions under Sec. 
60.48Da(d)(1) apply; these conditions do not apply under paragraph (h) 
of this section.
    (2) For Method 7 of appendix A of this part, Method 7A, 7C, 7D, or 
7E of appendix A of this part may be used. If Method 7C, 7D, or 7E of 
appendix A of this part is used, the sampling time for each run shall be 
1 hour.
    (3) For Method 3 of appendix A of this part, Method 3A or 3B of 
appendix A of this part may be used if the sampling time is 1 hour.
    (4) For Method 3B of appendix A of this part, Method 3A of appendix 
A of this part may be used.
    (k) The procedures specified in paragraphs (k)(1) through (3) of 
this section shall be used to determine gross output for sources 
demonstrating compliance with the output-based standard under Sec. Sec. 
60.42Da(c), 60.43Da(i), 60.43Da(j), 60.44Da(d)(1), and 60.44Da(e).
    (1) The owner or operator of an affected facility with electricity 
generation shall install, calibrate, maintain, and operate a wattmeter; 
measure gross electrical output in MWh on a continuous basis; and record 
the output of the monitor.
    (2) The owner or operator of an affected facility with process steam 
generation shall install, calibrate, maintain, and operate meters for 
steam flow, temperature, and pressure; measure gross process steam 
output in joules per hour (or Btu per hour) on a continuous basis; and 
record the output of the monitor.
    (3) For affected facilities generating process steam in combination 
with electrical generation, the gross energy output is determined from 
the gross electrical output measured in accordance with paragraph (k)(1) 
of this section plus 75 percent of the gross thermal output (measured 
relative to ISO conditions) of the process steam measured in accordance 
with paragraph (k)(2) of this section.
    (l) The owner or operator of an affected facility demonstrating 
compliance with an output-based standard under Sec. 60.42Da, Sec. 
60.43Da, Sec. 60.44Da, or Sec. 60.45Da shall install, certify, 
operate, and maintain a continuous flow monitoring system meeting the 
requirements of Performance Specification 6 of appendix B of this part 
and the CD assessment, RATA and reporting provisions of procedure 1 of 
appendix F of this part, and record the output of the system, for 
measuring the volumetric flow rate of exhaust gases discharged to the 
atmosphere; or
    (m) Alternatively, data from a continuous flow monitoring system 
certified according to the requirements of Sec. 75.20(c) of this 
chapter and appendix A to part 75 of this chapter, and continuing to 
meet the applicable quality control and quality assurance requirements 
of Sec. 75.21 of this chapter and appendix B to part 75 of this 
chapter, may be used. Flow rate data reported to meet the requirements 
of Sec. 60.51Da shall not include substitute data values derived from 
the missing data procedures in subpart D of part 75 of this chapter, nor 
shall the data have been bias adjusted according to the procedures of 
part 75 of this chapter.
    (n) Gas-fired and oil-fired units. The owner or operator of an 
affected unit that qualifies as a gas-fired or oil-fired unit, as 
defined in 40 CFR 72.2, may use, as an alternative to the requirements 
specified in either paragraph (l) or (m) of this section, a fuel flow 
monitoring system certified and operated according to the requirements 
of appendix D of part 75 of this chapter.
    (o) The owner or operator of a duct burner, as described in Sec. 
60.41Da, which is subject to the NOX standards of Sec. 
60.44Da(a)(1), (d)(1), or (e)(1) is not required to install or operate a 
CEMS to measure NOX emissions; a wattmeter to measure gross 
electrical output; meters to measure steam flow, temperature, and 
pressure; and a continuous flow monitoring system to measure the flow of 
exhaust gases discharged to the atmosphere.
    (p) The owner or operator of an affected facility demonstrating 
compliance with an Hg limit in Sec. 60.45Da shall

[[Page 176]]

install and operate a CEMS to measure and record the concentration of Hg 
in the exhaust gases from each stack according to the requirements in 
paragraphs (p)(1) through (p)(3) of this section. Alternatively, for an 
affected facility that is also subject to the requirements of subpart I 
of part 75 of this chapter, the owner or operator may install, certify, 
maintain, operate and quality-assure the data from a Hg CEMS according 
to Sec. 75.10 of this chapter and appendices A and B to part 75 of this 
chapter, in lieu of following the procedures in paragraphs (p)(1) 
through (p)(3) of this section.
    (1) The owner or operator must install, operate, and maintain each 
CEMS according to Performance Specification 12A in appendix B to this 
part.
    (2) The owner or operator must conduct a performance evaluation of 
each CEMS according to the requirements of Sec. 60.13 and Performance 
Specification 12A in appendix B to this part.
    (3) The owner or operator must operate each CEMS according to the 
requirements in paragraphs (p)(3)(i) through (iv) of this section.
    (i) As specified in Sec. 60.13(e)(2), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (ii) The owner or operator must reduce CEMS data as specified in 
Sec. 60.13(h).
    (iii) The owner or operator shall use all valid data points 
collected during the hour to calculate the hourly average Hg 
concentration.
    (iv) The owner or operator must record the results of each required 
certification and quality assurance test of the CEMS.
    (4) Mercury CEMS data collection must conform to paragraphs 
(p)(4)(i) through (iv) of this section.
    (i) For each calendar month in which the affected unit operates, 
valid hourly Hg concentration data, stack gas volumetric flow rate data, 
moisture data (if required), and electrical output data (i.e., valid 
data for all of these parameters) shall be obtained for at least 75 
percent of the unit operating hours in the month.
    (ii) Data reported to meet the requirements of this subpart shall 
not include hours of unit startup, shutdown, or malfunction. In 
addition, for an affected facility that is also subject to subpart I of 
part 75 of this chapter, data reported to meet the requirements of this 
subpart shall not include data substituted using the missing data 
procedures in subpart D of part 75 of this chapter, nor shall the data 
have been bias adjusted according to the procedures of part 75 of this 
chapter.
    (iii) If valid data are obtained for less than 75 percent of the 
unit operating hours in a month, you must discard the data collected in 
that month and replace the data with the mean of the individual monthly 
emission rate values determined in the last 12 months. In the 12-month 
rolling average calculation, this substitute Hg emission rate shall be 
weighted according to the number of unit operating hours in the month 
for which the data capture requirement of Sec. 60.49Da(p)(4)(i) was not 
met.
    (iv) Notwithstanding the requirements of paragraph (p)(4)(iii) of 
this section, if valid data are obtained for less than 75 percent of the 
unit operating hours in another month in that same 12-month rolling 
average cycle, discard the data collected in that month and replace the 
data with the highest individual monthly emission rate determined in the 
last 12 months. In the 12-month rolling average calculation, this 
substitute Hg emission rate shall be weighted according to the number of 
unit operating hours in the month for which the data capture requirement 
of Sec. 60.49Da(p)(4)(i) was not met.
    (q) As an alternative to the CEMS required in paragraph (p) of this 
section, the owner or operator may use a sorbent trap monitoring system 
(as defined in Sec. 72.2 of this chapter) to monitor Hg concentration, 
according to the procedures described in Sec. 75.15 of this chapter and 
appendix K to part 75 of this chapter.
    (r) For Hg CEMS that measure Hg concentration on a dry basis or for 
sorbent trap monitoring systems, the emissions data must be corrected 
for the stack gas moisture content. A certified continuous moisture 
monitoring system that meets the requirements of Sec. 75.11(b) of this 
chapter is acceptable

[[Page 177]]

for this purpose. Alternatively, the appropriate default moisture value, 
as specified in Sec. 75.11(b) or Sec. 75.12(b) of this chapter, may be 
used.
    (s) The owner or operator shall prepare and submit to the 
Administrator for approval a unit-specific monitoring plan for each 
monitoring system, at least 45 days before commencing certification 
testing of the monitoring systems. The owner or operator shall comply 
with the requirements in your plan. The plan must address the 
requirements in paragraphs (s)(1) through (6) of this section.
    (1) Installation of the CEMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of the exhaust emissions (e.g., on or 
downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations, relative accuracy test audits (RATA), etc.);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.13(d) or part 75 of this chapter 
(as applicable);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13 or part 75 of this chapter (as 
applicable); and
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the requirements of this subpart.
    (t) The owner or operator of an affected facility demonstrating 
compliance with the output-based emissions limitation under Sec. 
60.42Da(c)(1) shall install, certify, operate, and maintain a CEMS for 
measuring PM emissions according to the requirements of paragraph (v) of 
this section. An owner or operator of an affected facility demonstrating 
compliance with the input-based emission limitation in Sec. 
60.42Da(a)(1) or Sec. 60.42Da(c)(2) may install, certify, operate, and 
maintain a CEMS for measuring PM emissions according to the requirements 
of paragraph (v) of this section.
    (u) The owner or operator of an affected facility using a CEMS 
measuring CO emissions to meet requirements of this subpart shall meet 
the requirements specified in paragraphs (u)(1) through (4) of this 
section.
    (1) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (u)(1)(i) through (iv) of this 
section.
    (i) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (ii) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (iii) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec. 60.13(h)(2).
    (iv) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (2) You must calculate the 1-hour average CO emissions levels for 
each boiler operating day by multiplying the average hourly CO output 
concentration measured by the CO CEMS times the corresponding average 
hourly flue gas flow rate and divided by the corresponding average 
hourly useful energy output from the affected facility. The 24-hour 
average CO emission level is determined by calculating the arithmetic 
average of the hourly CO emission levels computed for each boiler 
operating day.
    (3) You must evaluate the preceding 24-hour average CO emission 
level each boiler operating day excluding periods of affected facility 
startup, shutdown, or malfunction. If the 24-hour average CO emission 
level is greater than 1.4 lb/MWh, you must initiate investigation of the 
relevant equipment and control systems within 24 hours of the first 
discovery of the high emission incident and, take the appropriate 
corrective action as soon as practicable to adjust control settings or 
repair equipment to

[[Page 178]]

reduce the 24-hour average CO emission level to 1.4 lb/MWh or less.
    (4) You must record the CO measurements and calculations performed 
according to paragraph (u)(3) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
1.4 lb/MWh, and the date, time, and description of the corrective 
action.
    (v) The owner or operator of an affected facility using a CEMS 
measuring PM emissions to meet requirements of this subpart shall 
install, certify, operate, and maintain the CEMS as specified in 
paragraphs (v)(1) through (v)(4) of this section.
    (1) The owner or operator shall conduct a performance evaluation of 
the CEMS according to the applicable requirements of Sec. 60.13, 
Performance Specification 11 in appendix B of this part, and procedure 2 
in appendix F of this part.
    (2) During each PM correlation testing run of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30- to 60-minute period) by both the CEMS and performance 
tests conducted using the following test methods.
    (i) For PM, Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall be used; and
    (ii) For O2 (or CO2), Method 3A or 3B of 
appendix A-2 of this part, as applicable shall be used.
    (3) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (4) After July 1, 2011, within 90 days after the date of completing 
each performance evaluation required by paragraph (v) of this section, 
the owner or operator of the affected facility must either submit the 
test data to EPA by successfully entering the data electronically into 
EPA's WebFIRE data base available at http://cfpub.epa.gov/oarweb/
index.cfm?action=fire.main or mail a copy to: United States 
Environmental Protection Agency; Energy Strategies Group; 109 TW 
Alexander DR; Mail Code: D243-01; RTP, NC 27711.
    (w) The owner or operator using a SO2, NOX, 
CO2, and O2 CEMS to meet the requirements of this 
subpart shall install, certify, operate, and maintain the CEMS as 
specified in paragraphs (w)(1) through (w)(5) of this section.
    (1) Except as provided for under paragraphs (w)(2), (w)(3), and 
(w)(4) of this section, each SO2, NOX, 
CO2, and O2 CEMS required under paragraphs (b) 
through (d) of this section shall be installed, certified, and operated 
in accordance with the applicable procedures in Performance 
Specification 2 or 3 in appendix B to this part or according to the 
procedures in appendices A and B to part 75 of this chapter. Daily 
calibration drift assessments and quarterly accuracy determinations 
shall be done in accordance with Procedure 1 in appendix F to this part, 
and a data assessment report (DAR), prepared according to section 7 of 
Procedure 1 in appendix F to this part, shall be submitted with each 
compliance report required under Sec. 60.51Da.
    (2) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to implement the 
following alternative data accuracy assessment procedures. For all 
required CO2 and O2 CEMS and for SO2 
and NOX CEMS with span values greater than or equal to 100 
ppm, the daily calibration error test and calibration adjustment 
procedures described in sections 2.1.1 and 2.1.3 of appendix B to part 
75 of this chapter may be followed instead of the CD assessment 
procedures in Procedure 1, section 4.1 of appendix F of this part. If 
this option is selected, the data validation and out-of-control 
provisions in sections 2.1.4 and 2.1.5 of appendix B to part 75 of this 
chapter shall be followed instead of the excessive CD and out-of-control 
criteria in Procedure 1, section 4.3 of appendix F to this part. For the 
purposes of data validation under this subpart, the excessive CD and 
out-of-control criteria in Procedure 1, section 4.3 of appendix F to 
this part shall apply to SO2 and NOX span values 
less than 100 ppm;

[[Page 179]]

    (3) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to may elect to 
implement the following alternative data accuracy assessment procedures. 
For all required CO2 and O2 CEMS and for 
SO2 and NOX CEMS with span values greater than 30 
ppm, quarterly linearity checks may be performed in accordance with 
section 2.2.1 of appendix B to part 75 of this chapter, instead of 
performing the cylinder gas audits (CGAs) described in Procedure 1, 
section 5.1.2 of appendix F to this part. If this option is selected: 
The frequency of the linearity checks shall be as specified in section 
2.2.1 of appendix B to part 75 of this chapter; the applicable linearity 
specifications in section 3.2 of appendix A to part 75 of this chapter 
shall be met; the data validation and out-of-control criteria in section 
2.2.3 of appendix B to part 75 of this chapter shall be followed instead 
of the excessive audit inaccuracy and out-of-control criteria in 
Procedure 1, section 5.2 of appendix F to this part; and the grace 
period provisions in section 2.2.4 of appendix B to part 75 of this 
chapter shall apply. For the purposes of data validation under this 
subpart, the cylinder gas audits described in Procedure 1, section 5.1.2 
of appendix F to this part shall be performed for SO2 and 
NOX span values less than or equal to 30 ppm;
    (4) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to may elect to 
implement the following alternative data accuracy assessment procedures. 
For SO2, CO2, and O2 CEMS and for 
NOX CEMS, RATAs may be performed in accordance with section 
2.3 of appendix B to part 75 of this chapter instead of following the 
procedures described in Procedure 1, section 5.1.1 of appendix F to this 
part. If this option is selected: The frequency of each RATA shall be as 
specified in section 2.3.1 of appendix B to part 75 of this chapter; the 
applicable relative accuracy specifications shown in Figure 2 in 
appendix B to part 75 of this chapter shall be met; the data validation 
and out-of-control criteria in section 2.3.2 of appendix B to part 75 of 
this chapter shall be followed instead of the excessive audit inaccuracy 
and out-of-control criteria in Procedure 1, section 5.2 of appendix F to 
this part; and the grace period provisions in section 2.3.3 of appendix 
B to part 75 of this chapter shall apply. For the purposes of data 
validation under this subpart, the relative accuracy specification in 
section 13.2 of Performance Specification 2 in appendix B to this part 
shall be met on a lb/MMBtu basis for SO2 (regardless of the 
SO2 emission level during the RATA), and for NOX 
when the average NOX emission rate measured by the reference 
method during the RATA is less than 0.100 lb/MMBtu;
    (5) If the owner or operator elects to implement the alternative 
data assessment procedures described in paragraphs (w)(2) through (w)(4) 
of this section, each data assessment report shall include a summary of 
the results of all of the RATAs, linearity checks, CGAs, and calibration 
error or drift assessments required by paragraphs (w)(2) through (w)(4) 
of this section.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5081, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011]



Sec. 60.50Da  Compliance determination procedures and methods.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the 
methods in appendix A of this part or the methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). Section 
60.8(f) does not apply to this section for SO2 and 
NOX. Acceptable alternative methods are given in paragraph 
(e) of this section.
    (b) The owner or operator shall determine compliance with the PM 
standards in Sec. 60.42Da as follows:
    (1) The dry basis F factor (O2) procedures in Method 19 
of appendix A of this part shall be used to compute the emission rate of 
PM.
    (2) For the particular matter concentration, Method 5 of appendix A 
of this part shall be used at affected facilities without wet FGD 
systems and Method 5B of appendix A of this part shall be used after wet 
FGD systems.
    (i) The sampling time and sample volume for each run shall be at 
least 120 minutes and 1.70 dscm (60 dscf). The probe and filter holder 
heating system

[[Page 180]]

in the sampling train may be set to provide an average gas temperature 
of no greater than 16014 [deg]C (32025 [deg]F).
    (ii) For each particulate run, the emission rate correction factor, 
integrated or grab sampling and analysis procedures of Method 3B of 
appendix A of this part shall be used to determine the O2 
concentration. The O2 sample shall be obtained simultaneously 
with, and at the same traverse points as, the particulate run. If the 
particulate run has more than 12 traverse points, the O2 
traverse points may be reduced to 12 provided that Method 1 of appendix 
A of this part is used to locate the 12 O2 traverse points. 
If the grab sampling procedure is used, the O2 concentration 
for the run shall be the arithmetic mean of the sample O2 
concentrations at all traverse points.
    (3) Method 9 of appendix A of this part and the procedures in Sec. 
60.11 shall be used to determine opacity.
    (c) The owner or operator shall determine compliance with the 
SO2 standards in Sec. 60.43Da as follows:
    (1) The percent of potential SO2 emissions (%Ps) to the 
atmosphere shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JN07.015

Where:

%Ps = Percent of potential SO2 emissions, percent;
%Rf = Percent reduction from fuel pretreatment, percent; and
%Rg = Percent reduction by SO2 control system, percent.

    (2) The procedures in Method 19 of appendix A of this part may be 
used to determine percent reduction (%Rf) of sulfur by such 
processes as fuel pretreatment (physical coal cleaning, 
hydrodesulfurization of fuel oil, etc.), coal pulverizers, and bottom 
and fly ash interactions. This determination is optional.
    (3) The procedures in Method 19 of appendix A of this part shall be 
used to determine the percent SO2 reduction (%Rg) 
of any SO2 control system. Alternatively, a combination of an 
``as fired'' fuel monitor and emission rates measured after the control 
system, following the procedures in Method 19 of appendix A of this 
part, may be used if the percent reduction is calculated using the 
average emission rate from the SO2 control device and the 
average SO2 input rate from the ``as fired'' fuel analysis 
for 30 successive boiler operating days.
    (4) The appropriate procedures in Method 19 of appendix A of this 
part shall be used to determine the emission rate.
    (5) The CEMS in Sec. 60.49Da(b) and (d) shall be used to determine 
the concentrations of SO2 and CO2 or 
O2.
    (d) The owner or operator shall determine compliance with the 
NOX standard in Sec. 60.44Da as follows:
    (1) The appropriate procedures in Method 19 of appendix A of this 
part shall be used to determine the emission rate of NOX.
    (2) The continuous monitoring system in Sec. 60.49Da(c) and (d) 
shall be used to determine the concentrations of NOX and 
CO2 or O2.
    (e) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5 or 5B of appendix A-3 of this part, Method 17 of 
appendix A-6 of this part may be used at facilities with or without wet 
FGD systems if the stack temperature at the sampling location does not 
exceed an average temperature of 160 [deg]C (320 [deg]F). The procedures 
of sections 8.1 and 11.1 of Method 5B of appendix A-3 of this part may 
be used in Method 17 of appendix A-6 of this part only if it is used 
after wet FGD systems. Method 17 of appendix A-6 of this part shall not 
be used after wet FGD systems if the effluent is saturated or laden with 
water droplets.
    (2) The Fc factor (CO2) procedures in Method 
19 of appendix A of this part may be used to compute the emission rate 
of PM under the stipulations of Sec. 60.46(d)(1). The CO2 
shall be determined in the same manner as the O2 
concentration.
    (f) Electric utility combined cycle gas turbines that are not 
designed to burn fuels containing 50 percent (by heat input) or more 
solid derived fuel not meeting the definition of natural gas are 
performance tested for PM, SO2, and NOX using the 
procedures of Method 19 of appendix A-7 of this part.

[[Page 181]]

The SO2 and NOX emission rates calculations from 
the gas turbine used in Method 19 of appendix A-7 of this part are 
determined when the gas turbine is performance tested under subpart GG 
of this part. The potential uncontrolled PM emission rate from a gas 
turbine is defined as 17 ng/J (0.04 lb/MMBtu) heat input.
    (g) For the purposes of determining compliance with the emission 
limits in Sec. 60.45Da, the owner or operator of an electric utility 
steam generating unit which is also a cogeneration unit shall use the 
procedures in paragraphs (g)(1) and (2) of this section to calculate 
emission rates based on electrical output to the grid plus 75 percent of 
the equivalent electrical energy (measured relative to ISO conditions) 
in the unit's process stream.
    (1) All conversions from Btu/hr unit input to MW unit output must 
use equivalents found in 40 CFR 60.40(a)(1) for electric utilities 
(i.e., 250 MMBtu/hr input to an electric utility steam generating unit 
is equivalent to 73 MW input to the electric utility steam generating 
unit); 73 MW input to the electric utility steam generating unit is 
equivalent to 25 MW output from the boiler electric utility steam 
generating unit; therefore, 250 MMBtu input to the electric utility 
steam generating unit is equivalent to 25 MW output from the electric 
utility steam generating unit).
    (2) Use the Equation 5 in this section to determine the cogeneration 
Hg emission rate over a specific compliance period.
[GRAPHIC] [TIFF OMITTED] TR13JN07.016

Where:

ERcogen = Cogeneration Hg emission rate over a compliance 
period in lb/MWh;
E = Mass of Hg emitted from the stack over the same compliance period 
(lb);
Vgrid = Amount of energy sent to the grid over the same 
compliance period (MWh); and
Vprocess = Amount of energy converted to steam for process 
use over the same compliance period (MWh).

    (h) The owner or operator shall determine compliance with the Hg 
limit in Sec. 60.45Da according to the procedures in paragraphs (h)(1) 
through (3) of this section.
    (1) The initial performance test shall be commenced by the 
applicable date specified in Sec. 60.8(a). The required CEMS must be 
certified prior to commencing the test. The performance test consists of 
collecting hourly Hg emission data (lb/MWh) with the CEMS for 12 
successive months of unit operation (excluding hours of unit startup, 
shutdown and malfunction). The average Hg emission rate is calculated 
for each month, and then the weighted, 12-month average Hg emission rate 
is calculated according to paragraph (h)(2) or (h)(3) of this section, 
as applicable. If, for any month in the initial performance test, the 
minimum data capture requirement in Sec. 60.49Da(p)(4)(i) is not met, 
the owner or operator shall report a substitute Hg emission rate for 
that month, as follows. For the first such month, the substitute monthly 
Hg emission rate shall be the arithmetic average of all valid hourly Hg 
emission rates recorded to date. For any subsequent month(s) with 
insufficient data capture, the substitute monthly Hg emission rate shall 
be the highest valid hourly Hg emission rate recorded to date. When the 
12-month average Hg emission rate for the initial performance test is 
calculated, for each month in which there was insufficient data capture, 
the substitute monthly Hg emission rate shall be weighted according to 
the number of unit operating hours in that month. Following the initial 
performance test, the owner or operator shall demonstrate compliance by 
calculating the weighted average of all monthly Hg emission rates (in 
lb/MWh) for each 12 successive calendar months, excluding data obtained

[[Page 182]]

during startup, shutdown, or malfunction.
    (2) If a CEMS is used to demonstrate compliance, follow the 
procedures in paragraphs (h)(2)(i) through (iii) of this section to 
determine the 12-month rolling average.
    (i) Calculate the total mass of Hg emissions over a month (M), in 
lb, using either Equation 6 in paragraph (h)(2)(i)(A) of this section or 
Equation 7 in paragraph (h)(2)(i)(B) of this section, in conjunction 
with Equation 8 in paragraph (h)(2)(i)(C) of this section.
    (A) If the Hg CEMS measures Hg concentration on a wet basis, use 
Equation 6 below to calculate the Hg mass emissions for each valid hour:
[GRAPHIC] [TIFF OMITTED] TR13JN07.017

Where:

Eh = Hg mass emissions for the hour, (lb);
K = Units conversion constant, 6.24 x 10-\11\ lb-scm/
[micro]gm-scf;
Ch = Hourly Hg concentration, wet basis, 
([micro]gm/scm);
Qh = Hourly stack gas volumetric flow rate, (scfh); and
th = Unit operating time, i.e., the fraction of the hour for 
which the unit operated. For example, th = 0.50 for a half-hour of unit 
operation and 1.00 for a full hour of operation.

    (B) If the Hg CEMS measures Hg concentration on a dry basis, use 
Equation 7 below to calculate the Hg mass emissions for each valid hour:
[GRAPHIC] [TIFF OMITTED] TR13JN07.018

Where:

Eh = Hg mass emissions for the hour, (lb);
K = Units conversion constant, 6.24 x 10-11 lb-scm/[micro]gm-
scf;
Ch = Hourly Hg concentration, dry basis, ([micro]gm/dscm);
Qh = Hourly stack gas volumetric flow rate, (scfh);
th = Unit operating time, i.e., the fraction of the hour for 
which the unit operated; and
Bws = Stack gas moisture content, expressed as a decimal 
fraction (e.g., for 8 percent H2O, Bws = 0.08).

    (C) Use Equation 8, below, to calculate M, the total mass of Hg 
emitted for the month, by summing the hourly masses derived from 
Equation 6 or 7 (as applicable):
[GRAPHIC] [TIFF OMITTED] TR13JN07.019

Where:

M = Total Hg mass emissions for the month, (lb);
Eh = Hg mass emissions for hour ``h'', from Equation 6 or 7 
of this section, (lb); and
n = Number of unit operating hours in the month with valid CE and 
electrical output data, excluding hours of unit startup, shutdown and 
malfunction.

    (ii) Calculate the monthly Hg emission rate on an output basis (lb/
MWh) using Equation 9, below. For a cogeneration unit, use Equation 5 in 
paragraph (g) of this section instead.
[GRAPHIC] [TIFF OMITTED] TR13JN07.020

Where:

ER = Monthly Hg emission rate, (lb/MWh);
M = Total mass of Hg emissions for the month, from Equation 8, above, 
(lb); and
P = Total electrical output for the month, for the hours used to 
calculate M, (MWh).

    (iii) Until 12 monthly Hg emission rates have been accumulated, 
calculate and report only the monthly averages. Then, for each 
subsequent calendar month, use Equation 10 below to calculate the 12-
month rolling average as a weighted average of the Hg emission rate for 
the current month and the Hg emission rates for the previous 11 months, 
with one exception. Calendar months in which the unit does not operate 
(zero unit operating hours) shall not be included in the 12-month 
rolling average.
[GRAPHIC] [TIFF OMITTED] TR13JN07.021

Where:

Eavg = Weighted 12-month rolling average Hg emission rate, 
(lb/MWh);
ERi = Monthly Hg emission rate, for month ``i'', (lb/MWh); 
and
n = Number of unit operating hours in month ``i'' with valid CEM and 
electrical output data, excluding hours of unit startup, shutdown, and 
malfunction.

    (3) If a sorbent trap monitoring system is used in lieu of a Hg 
CEMS, as

[[Page 183]]

described in Sec. 75.15 of this chapter and in appendix K to part 75 of 
this chapter, calculate the monthly Hg emission rates using Equations 7 
through 9 of this section, except that for a particular pair of sorbent 
traps, Ch in Equation 7 shall be the flow-proportional 
average Hg concentration measured over the data collection period.
    (i) Daily calibration drift (CD) tests and quarterly accuracy 
determinations shall be performed for Hg CEMS in accordance with 
Procedure 1 of appendix F to this part. For the CD assessments, you may 
use either elemental mercury or mercuric chloride (Hg[deg] 
HgCl2) standards. The four quarterly accuracy determinations 
shall consist of one RATA and three measurement error (ME) tests using 
HgCl2 standards, as described in section 8.3 of Performance 
Specification 12-A in appendix B to this part (note: Hg[deg] standards 
may be used if the Hg monitor does not have a converter). Alternatively, 
the owner or operator may implement the applicable daily, weekly, 
quarterly, and annual quality assurance (QA) requirements for Hg CEMS in 
appendix B to part 75 of this chapter, in lieu of the QA procedures in 
appendices B and F to this part. Annual RATA of sorbent trap monitoring 
systems shall be performed in accordance with appendices A and B to part 
75 of this chapter, and all other quality assurance requirements 
specified in appendix K to part 75 of this chapter shall be met for 
sorbent trap monitoring systems.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009]



Sec. 60.51Da  Reporting requirements.

    (a) For SO2, NOX, PM, and Hg emissions, the 
performance test data from the initial and subsequent performance test 
and from the performance evaluation of the continuous monitors 
(including the transmissometer) are submitted to the Administrator.
    (b) For SO2 and NOX the following information 
is reported to the Administrator for each 24-hour period.
    (1) Calendar date.
    (2) The average SO2 and NOX emission rates 
(ng/J, lb/MMBtu, or lb/MWh) for each 30 successive boiler operating 
days, ending with the last 30-day period in the quarter; reasons for 
non-compliance with the emission standards; and, description of 
corrective actions taken.
    (3) For owners or operators of affected facilities complying with 
the percent reduction requirement, percent reduction of the potential 
combustion concentration of SO2 for each 30 successive boiler 
operating days, ending with the last 30-day period in the quarter; 
reasons for non-compliance with the standard; and, description of 
corrective actions taken.
    (4) Identification of the boiler operating days for which pollutant 
or diluent data have not been obtained by an approved method for at 
least 75 percent of the hours of operation of the facility; 
justification for not obtaining sufficient data; and description of 
corrective actions taken.
    (5) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates because of 
startup, shutdown, malfunction (NOX only), emergency 
conditions (SO2 only), or other reasons, and justification 
for excluding data for reasons other than startup, shutdown, 
malfunction, or emergency conditions.
    (6) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted.
    (7) Identification of times when hourly averages have been obtained 
based on manual sampling methods.
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS.
    (9) Description of any modifications to CEMS which could affect the 
ability of the CEMS to comply with Performance Specifications 2 or 3.
    (c) If the minimum quantity of emission data as required by Sec. 
60.49Da is not obtained for any 30 successive boiler operating days, the 
following information obtained under the requirements of Sec. 
60.48Da(h) is reported to the Administrator for that 30-day period:
    (1) The number of hourly averages available for outlet emission 
rates (no) and inlet emission rates (ni) as applicable.
    (2) The standard deviation of hourly averages for outlet emission 
rates (so) and inlet emission rates (si) as 
applicable.

[[Page 184]]

    (3) The lower confidence limit for the mean outlet emission rate 
(Eo*) and the upper confidence limit for the mean inlet 
emission rate (Ei*) as applicable.
    (4) The applicable potential combustion concentration.
    (5) The ratio of the upper confidence limit for the mean outlet 
emission rate (Eo*) and the allowable emission rate 
(Estd) as applicable.
    (d) If any standards under Sec. 60.43Da are exceeded during 
emergency conditions because of control system malfunction, the owner or 
operator of the affected facility shall submit a signed statement:
    (1) Indicating if emergency conditions existed and requirements 
under Sec. 60.48Da(d) were met during each period, and
    (2) Listing the following information:
    (i) Time periods the emergency condition existed;
    (ii) Electrical output and demand on the owner or operator's 
electric utility system and the affected facility;
    (iii) Amount of power purchased from interconnected neighboring 
utility companies during the emergency period;
    (iv) Percent reduction in emissions achieved;
    (v) Atmospheric emission rate (ng/J) of the pollutant discharged; 
and
    (vi) Actions taken to correct control system malfunction.
    (e) If fuel pretreatment credit toward the SO2 emission 
standard under Sec. 60.43Da is claimed, the owner or operator of the 
affected facility shall submit a signed statement:
    (1) Indicating what percentage cleaning credit was taken for the 
calendar quarter, and whether the credit was determined in accordance 
with the provisions of Sec. 60.50Da and Method 19 of appendix A of this 
part; and
    (2) Listing the quantity, heat content, and date each pretreated 
fuel shipment was received during the previous quarter; the name and 
location of the fuel pretreatment facility; and the total quantity and 
total heat content of all fuels received at the affected facility during 
the previous quarter.
    (f) For any periods for which opacity, SO2 or 
NOX emissions data are not available, the owner or operator 
of the affected facility shall submit a signed statement indicating if 
any changes were made in operation of the emission control system during 
the period of data unavailability. Operations of the control system and 
affected facility during periods of data unavailability are to be 
compared with operation of the control system and affected facility 
before and following the period of data unavailability.
    (g) For Hg, the following information shall be reported to the 
Administrator:
    (1) Company name and address;
    (2) Date of report and beginning and ending dates of the reporting 
period;
    (3) The applicable Hg emission limit (lb/MWh); and
    (4) For each month in the reporting period:
    (i) The number of unit operating hours;
    (ii) The number of unit operating hours with valid data for Hg 
concentration, stack gas flow rate, moisture (if required), and 
electrical output;
    (iii) The monthly Hg emission rate (lb/MWh);
    (iv) The number of hours of valid data excluded from the calculation 
of the monthly Hg emission rate, due to unit startup, shutdown and 
malfunction; and
    (v) The 12-month rolling average Hg emission rate (lb/MWh); and
    (5) The data assessment report (DAR) required by appendix F to this 
part, or an equivalent summary of QA test results if the QA of part 75 
of this chapter are implemented.
    (h) The owner or operator of the affected facility shall submit a 
signed statement indicating whether:
    (1) The required CEMS calibration, span, and drift checks or other 
periodic audits have or have not been performed as specified.
    (2) The data used to show compliance was or was not obtained in 
accordance with approved methods and procedures of this part and is 
representative of plant performance.
    (3) The minimum data requirements have or have not been met; or, the 
minimum data requirements have not been met for errors that were 
unavoidable.
    (4) Compliance with the standards has or has not been achieved 
during the reporting period.

[[Page 185]]

    (i) For the purposes of the reports required under Sec. 60.7, 
periods of excess emissions are defined as all 6-minute periods during 
which the average opacity exceeds the applicable opacity standards under 
Sec. 60.42Da(b). Opacity levels in excess of the applicable opacity 
standard and the date of such excesses are to be submitted to the 
Administrator each calendar quarter.
    (j) The owner or operator of an affected facility shall submit the 
written reports required under this section and subpart A to the 
Administrator semiannually for each six-month period. All semiannual 
reports shall be postmarked by the 30th day following the end of each 
six-month period.
    (k) The owner or operator of an affected facility may submit 
electronic quarterly reports for SO2 and/or NOX 
and/or opacity and/or Hg in lieu of submitting the written reports 
required under paragraphs (b), (g), and (i) of this section. The format 
of each quarterly electronic report shall be coordinated with the 
permitting authority. The electronic report(s) shall be submitted no 
later than 30 days after the end of the calendar quarter and shall be 
accompanied by a certification statement from the owner or operator, 
indicating whether compliance with the applicable emission standards and 
minimum data requirements of this subpart was achieved during the 
reporting period. Before submitting reports in the electronic format, 
the owner or operator shall coordinate with the permitting authority to 
obtain their agreement to submit reports in this alternative format.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009]



Sec. 60.52Da  Recordkeeping requirements.

    (a) The owner or operator of an affected facility subject to the 
emissions limitations in Sec. 60.45Da shall provide notifications in 
accordance with Sec. 60.7(a) and shall maintain records of all 
information needed to demonstrate compliance including performance 
tests, monitoring data, fuel analyses, and calculations, consistent with 
the requirements of Sec. 60.7(f).
    (b) The owner or operator of an affected facility subject to the 
opacity limits in Sec. 60.42Da(b) that elects to monitor emissions 
according to the requirements in Sec. 60.49Da(a)(3) shall maintain 
records according to the requirements specified in paragraphs (b)(1) 
through (3) of this section, as applicable to the visible emissions 
monitoring method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (b)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator.

[74 FR 5083, Jan. 28, 2009]

[[Page 186]]



     Subpart Db_Standards of Performance for Industrial-Commercial-
                  Institutional Steam Generating Units

    Source: 72 FR 32742, June 13, 2007, unless otherwise noted.



Sec. 60.40b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
steam generating unit that commences construction, modification, or 
reconstruction after June 19, 1984, and that has a heat input capacity 
from fuels combusted in the steam generating unit of greater than 29 
megawatts (MW) (100 million British thermal units per hour (MMBtu/hr)).
    (b) Any affected facility meeting the applicability requirements 
under paragraph (a) of this section and commencing construction, 
modification, or reconstruction after June 19, 1984, but on or before 
June 19, 1986, is subject to the following standards:
    (1) Coal-fired affected facilities having a heat input capacity 
between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to 
the particulate matter (PM) and nitrogen oxides (NOX) 
standards under this subpart.
    (2) Coal-fired affected facilities having a heat input capacity 
greater than 73 MW (250 MMBtu/hr) and meeting the applicability 
requirements under subpart D (Standards of performance for fossil-fuel-
fired steam generators; Sec. 60.40) are subject to the PM and 
NOX standards under this subpart and to the sulfur dioxide 
(SO2) standards under subpart D (Sec. 60.43).
    (3) Oil-fired affected facilities having a heat input capacity 
between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to 
the NOX standards under this subpart.
    (4) Oil-fired affected facilities having a heat input capacity 
greater than 73 MW (250 MMBtu/hr) and meeting the applicability 
requirements under subpart D (Standards of performance for fossil-fuel-
fired steam generators; Sec. 60.40) are also subject to the 
NOX standards under this subpart and the PM and 
SO2 standards under subpart D (Sec. 60.42 and Sec. 60.43).
    (c) Affected facilities that also meet the applicability 
requirements under subpart J (Standards of performance for petroleum 
refineries; Sec. 60.104) are subject to the PM and NOX 
standards under this subpart and the SO2 standards under 
subpart J (Sec. 60.104).
    (d) Affected facilities that also meet the applicability 
requirements under subpart E (Standards of performance for incinerators; 
Sec. 60.50) are subject to the NOX and PM standards under 
this subpart.
    (e) Steam generating units meeting the applicability requirements 
under subpart Da (Standards of performance for electric utility steam 
generating units; Sec. 60.40Da) are not subject to this subpart.
    (f) Any change to an existing steam generating unit for the sole 
purpose of combusting gases containing total reduced sulfur (TRS) as 
defined under Sec. 60.281 is not considered a modification under Sec. 
60.14 and the steam generating unit is not subject to this subpart.
    (g) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, the following 
authorities shall be retained by the Administrator and not transferred 
to a State.
    (1) Section 60.44b(f).
    (2) Section 60.44b(g).
    (3) Section 60.49b(a)(4).
    (h) Any affected facility that meets the applicability requirements 
and is subject to subpart Ea, subpart Eb, or subpart AAAA of this part 
is not covered by this subpart.
    (i) Heat recovery steam generators that are associated with combined 
cycle gas turbines and that meet the applicability requirements of 
subpart KKKK of this part are not subject to this subpart. This subpart 
will continue to apply to all other heat recovery steam generators that 
are capable of combusting more than 29 MW (100 MMBtu/hr) heat input of 
fossil fuel. If the heat recovery steam generator is subject to this 
subpart, only emissions resulting from combustion of fuels in the steam 
generating unit are subject to this subpart. (The gas turbine emissions 
are subject to subpart GG or KKKK, as applicable, of this part.)

[[Page 187]]

    (j) Any affected facility meeting the applicability requirements 
under paragraph (a) of this section and commencing construction, 
modification, or reconstruction after June 19, 1986 is not subject to 
subpart D (Standards of Performance for Fossil-Fuel-Fired Steam 
Generators, Sec. 60.40).
    (k) Any affected facility that meets the applicability requirements 
and is subject to an EPA approved State or Federal section 111(d)/129 
plan implementing subpart Cb or subpart BBBB of this part is not covered 
by this subpart.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009]



Sec. 60.41b  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Annual capacity factor means the ratio between the actual heat input 
to a steam generating unit from the fuels listed in Sec. 60.42b(a), 
Sec. 60.43b(a), or Sec. 60.44b(a), as applicable, during a calendar 
year and the potential heat input to the steam generating unit had it 
been operated for 8,760 hours during a calendar year at the maximum 
steady state design heat input capacity. In the case of steam generating 
units that are rented or leased, the actual heat input shall be 
determined based on the combined heat input from all operations of the 
affected facility in a calendar year.
    Byproduct/waste means any liquid or gaseous substance produced at 
chemical manufacturing plants, petroleum refineries, or pulp and paper 
mills (except natural gas, distillate oil, or residual oil) and 
combusted in a steam generating unit for heat recovery or for disposal. 
Gaseous substances with carbon dioxide (CO2) levels greater 
than 50 percent or carbon monoxide levels greater than 10 percent are 
not byproduct/waste for the purpose of this subpart.
    Chemical manufacturing plants mean industrial plants that are 
classified by the Department of Commerce under Standard Industrial 
Classification (SIC) Code 28.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec. 60.17), 
coal refuse, and petroleum coke. Coal-derived synthetic fuels, including 
but not limited to solvent refined coal, gasified coal not meeting the 
definition of natural gas, coal-oil mixtures, coke oven gas, and coal-
water mixtures, are also included in this definition for the purposes of 
this subpart.
    Coal refuse means any byproduct of coal mining or coal cleaning 
operations with an ash content greater than 50 percent, by weight, and a 
heating value less than 13,900 kJ/kg (6,000 Btu/lb) on a dry basis.
    Cogeneration, also known as combined heat and power, means a 
facility that simultaneously produces both electric (or mechanical) and 
useful thermal energy from the same primary energy source.
    Coke oven gas means the volatile constituents generated in the 
gaseous exhaust during the carbonization of bituminous coal to form 
coke.
    Combined cycle system means a system in which a separate source, 
such as a gas turbine, internal combustion engine, kiln, etc., provides 
exhaust gas to a steam generating unit.
    Conventional technology means wet flue gas desulfurization (FGD) 
technology, dry FGD technology, atmospheric fluidized bed combustion 
technology, and oil hydrodesulfurization technology.
    Distillate oil means fuel oils that contain 0.05 weight percent 
nitrogen or less and comply with the specifications for fuel oil numbers 
1 and 2, as defined by the American Society of Testing and Materials in 
ASTM D396 (incorporated by reference, see Sec. 60.17) or diesel fuel 
oil numbers 1 and 2, as defined by the American Society for Testing and 
Materials in ASTM D975 (incorporated by reference, see Sec. 60.17).
    Dry flue gas desulfurization technology means a SO2 
control system that is located downstream of the steam generating unit 
and removes sulfur oxides from the combustion gases of the steam 
generating unit by contacting the combustion gases with an alkaline 
reagent and water, whether introduced separately or as a premixed slurry 
or

[[Page 188]]

solution and forming a dry powder material. This definition includes 
devices where the dry powder material is subsequently converted to 
another form. Alkaline slurries or solutions used in dry flue gas 
desulfurization technology include but are not limited to lime and 
sodium.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a steam generating unit.
    Emerging technology means any SO2 control system that is 
not defined as a conventional technology under this section, and for 
which the owner or operator of the facility has applied to the 
Administrator and received approval to operate as an emerging technology 
under Sec. 60.49b(a)(4).
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State Implementation 
Plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fluidized bed combustion technology means combustion of fuel in a 
bed or series of beds (including but not limited to bubbling bed units 
and circulating bed units) of limestone aggregate (or other sorbent 
materials) in which these materials are forced upward by the flow of 
combustion air and the gaseous products of combustion.
    Fuel pretreatment means a process that removes a portion of the 
sulfur in a fuel before combustion of the fuel in a steam generating 
unit.
    Full capacity means operation of the steam generating unit at 90 
percent or more of the maximum steady-state design heat input capacity.
    Gaseous fuel means any fuel that is a gas at ISO conditions. This 
includes, but is not limited to, natural gas and gasified coal 
(including coke oven gas).
    Gross output means the gross useful work performed by the steam 
generated. For units generating only electricity, the gross useful work 
performed is the gross electrical output from the turbine/generator set. 
For cogeneration units, the gross useful work performed is the gross 
electrical or mechanical output plus 75 percent of the useful thermal 
output measured relative to ISO conditions that is not used to generate 
additional electrical or mechanical output or to enhance the performance 
of the unit (i.e., steam delivered to an industrial process).
    Heat input means heat derived from combustion of fuel in a steam 
generating unit and does not include the heat derived from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources, such as gas turbines, internal combustion engines, kilns, etc.
    Heat release rate means the steam generating unit design heat input 
capacity (in MW or Btu/hr) divided by the furnace volume (in cubic 
meters or cubic feet); the furnace volume is that volume bounded by the 
front furnace wall where the burner is located, the furnace side 
waterwall, and extending to the level just below or in front of the 
first row of convection pass tubes.
    Heat transfer medium means any material that is used to transfer 
heat from one point to another point.
    High heat release rate means a heat release rate greater than 
730,000 J/sec-m\3\ (70,000 Btu/hr-ft\3\).
    ISO Conditions means a temperature of 288 Kelvin, a relative 
humidity of 60 percent, and a pressure of 101.3 kilopascals.
    Lignite means a type of coal classified as lignite A or lignite B by 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec. 60.17).
    Low heat release rate means a heat release rate of 730,000 J/sec-
m\3\ (70,000 Btu/hr-ft\3\) or less.
    Mass-feed stoker steam generating unit means a steam generating unit 
where solid fuel is introduced directly into a retort or is fed directly 
onto a grate where it is combusted.
    Maximum heat input capacity means the ability of a steam generating 
unit to combust a stated maximum amount of fuel on a steady state basis, 
as determined by the physical design and characteristics of the steam 
generating unit.

[[Page 189]]

    Municipal-type solid waste means refuse, more than 50 percent of 
which is waste consisting of a mixture of paper, wood, yard wastes, food 
wastes, plastics, leather, rubber, and other combustible materials, and 
noncombustible materials such as glass and rock.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquefied petroleum gas, as defined by the American Society for 
Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec. 60.17); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 megajoules (MJ) per dry standard cubic meter (910 and 
1,150 Btu per dry standard cubic foot).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Oil means crude oil or petroleum or a liquid fuel derived from crude 
oil or petroleum, including distillate and residual oil.
    Petroleum refinery means industrial plants as classified by the 
Department of Commerce under Standard Industrial Classification (SIC) 
Code 29.
    Potential sulfur dioxide emission rate means the theoretical 
SO2 emissions (nanograms per joule (ng/J) or lb/MMBtu heat 
input) that would result from combusting fuel in an uncleaned state and 
without using emission control systems. For gasified coal or oil that is 
desulfurized prior to combustion, the Potential sulfur dioxide emission 
rate is the theoretical SO2 emissions (ng/J or lb/MMBtu heat 
input) that would result from combusting fuel in a cleaned state without 
using any post combustion emission control systems.
    Process heater means a device that is primarily used to heat a 
material to initiate or promote a chemical reaction in which the 
material participates as a reactant or catalyst.
    Pulp and paper mills means industrial plants that are classified by 
the Department of Commerce under North American Industry Classification 
System (NAICS) Code 322 or Standard Industrial Classification (SIC) Code 
26.
    Pulverized coal-fired steam generating unit means a steam generating 
unit in which pulverized coal is introduced into an air stream that 
carries the coal to the combustion chamber of the steam generating unit 
where it is fired in suspension. This includes both conventional 
pulverized coal-fired and micropulverized coal-fired steam generating 
units. Residual oil means crude oil, fuel oil numbers 1 and 2 that have 
a nitrogen content greater than 0.05 weight percent, and all fuel oil 
numbers 4, 5 and 6, as defined by the American Society of Testing and 
Materials in ASTM D396 (incorporated by reference, see Sec. 60.17).
    Spreader stoker steam generating unit means a steam generating unit 
in which solid fuel is introduced to the combustion zone by a mechanism 
that throws the fuel onto a grate from above. Combustion takes place 
both in suspension and on the grate.
    Steam generating unit means a device that combusts any fuel or 
byproduct/waste and produces steam or heats water or heats any heat 
transfer medium. This term includes any municipal-type solid waste 
incinerator with a heat recovery steam generating unit or any steam 
generating unit that combusts fuel and is part of a cogeneration system 
or a combined cycle system. This term does not include process heaters 
as they are defined in this subpart.
    Steam generating unit operating day means a 24-hour period between 
12:00 midnight and the following midnight during which any fuel is 
combusted at any time in the steam generating unit. It is not necessary 
for fuel to be combusted continuously for the entire 24-hour period.
    Very low sulfur oil means for units constructed, reconstructed, or 
modified on or before February 28, 2005, oil that contains no more than 
0.5 weight percent sulfur or that, when combusted without SO2 
emission control, has a

[[Page 190]]

SO2 emission rate equal to or less than 215 ng/J (0.5 lb/
MMBtu) heat input. For units constructed, reconstructed, or modified 
after February 28, 2005 and not located in a noncontinental area, very 
low sulfur oil means oil that contains no more than 0.30 weight percent 
sulfur or that, when combusted without SO2 emission control, 
has a SO2 emission rate equal to or less than 140 ng/J (0.32 
lb/MMBtu) heat input. For units constructed, reconstructed, or modified 
after February 28, 2005 and located in a noncontinental area, very low 
sulfur oil means oil that contains no more than 0.5 weight percent 
sulfur or that, when combusted without SO2 emission control, 
has a SO2 emission rate equal to or less than 215 ng/J (0.50 
lb/MMBtu) heat input.
    Wet flue gas desulfurization technology means a SO2 
control system that is located downstream of the steam generating unit 
and removes sulfur oxides from the combustion gases of the steam 
generating unit by contacting the combustion gas with an alkaline slurry 
or solution and forming a liquid material. This definition applies to 
devices where the aqueous liquid material product of this contact is 
subsequently converted to other forms. Alkaline reagents used in wet 
flue gas desulfurization technology include, but are not limited to, 
lime, limestone, and sodium.
    Wet scrubber system means any emission control device that mixes an 
aqueous stream or slurry with the exhaust gases from a steam generating 
unit to control emissions of PM or SO2.
    Wood means wood, wood residue, bark, or any derivative fuel or 
residue thereof, in any form, including, but not limited to, sawdust, 
sanderdust, wood chips, scraps, slabs, millings, shavings, and processed 
pellets made from wood or other forest residues.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009]



Sec. 60.42b  Standard for sulfur dioxide (SO[bdi2]).

    (a) Except as provided in paragraphs (b), (c), (d), or (j) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec. 60.8, whichever comes 
first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or oil shall cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) or 10 percent (0.10) of the potential SO2 
emission rate (90 percent reduction) and the emission limit determined 
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR28JA09.003

Where:

Es = SO2 emission limit, in ng/J or lb/MMBtu heat 
input;
Ka = 520 ng/J (or 1.2 lb/MMBtu);
Kb = 340 ng/J (or 0.80 lb/MMBtu);
Ha = Heat input from the combustion of coal, in J (MMBtu); 
and
Hb = Heat input from the combustion of oil, in J (MMBtu).

    For facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted in this paragraph. No credit is provided for the 
heat input to the affected facility from the combustion of natural gas, 
wood, municipal-type solid waste, or other fuels or heat derived from 
exhaust gases from other sources, such as gas turbines, internal 
combustion engines, kilns, etc.
    (b) On and after the date on which the performance test is completed 
or required to be completed under Sec. 60.8, whichever date comes 
first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal refuse alone in a fluidized bed combustion 
steam generating unit shall cause to be discharged into the atmosphere 
any gases that contain SO2 in excess of 87 ng/J (0.20 lb/
MMBtu) or 20 percent (0.20) of the potential SO2 emission 
rate (80 percent reduction) and 520 ng/J (1.2 lb/MMBtu) heat input. If 
coal or oil is fired with coal refuse, the affected facility is subject 
to paragraph (a) or (d) of this section, as applicable. For facilities 
complying with the percent reduction standard, only the heat input 
supplied to the affected facility from

[[Page 191]]

the combustion of coal and oil is counted in this paragraph. No credit 
is provided for the heat input to the affected facility from the 
combustion of natural gas, wood, municipal-type solid waste, or other 
fuels or heat derived from exhaust gases from other sources, such as gas 
turbines, internal combustion engines, kilns, etc.
    (c) On and after the date on which the performance test is completed 
or is required to be completed under Sec. 60.8, whichever comes first, 
no owner or operator of an affected facility that combusts coal or oil, 
either alone or in combination with any other fuel, and that uses an 
emerging technology for the control of SO2 emissions, shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 50 percent of the potential SO2 
emission rate (50 percent reduction) and that contain SO2 in 
excess of the emission limit determined according to the following 
formula:

[GRAPHIC] [TIFF OMITTED] TR28JA09.004

Where:

Es = SO2 emission limit, in ng/J or lb/MM Btu heat input;
Kc = 260 ng/J (or 0.60 lb/MMBtu);
Kd = 170 ng/J (or 0.40 lb/MMBtu);
Hc = Heat input from the combustion of coal, in J (MMBtu); 
and
Hd = Heat input from the combustion of oil, in J (MMBtu).

    For facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted in this paragraph. No credit is provided for the 
heat input to the affected facility from the combustion of natural gas, 
wood, municipal-type solid waste, or other fuels, or from the heat input 
derived from exhaust gases from other sources, such as gas turbines, 
internal combustion engines, kilns, etc.
    (d) On and after the date on which the performance test is completed 
or required to be completed under Sec. 60.8, whichever comes first, no 
owner or operator of an affected facility that commenced construction, 
reconstruction, or modification on or before February 28, 2005 and 
listed in paragraphs (d)(1), (2), (3), or (4) of this section shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input if the 
affected facility combusts coal, or 215 ng/J (0.5 lb/MMBtu) heat input 
if the affected facility combusts oil other than very low sulfur oil. 
Percent reduction requirements are not applicable to affected facilities 
under paragraphs (d)(1), (2), (3) or (4) of this section. For facilities 
complying with paragraphs (d)(1), (2), or (3) of this section, only the 
heat input supplied to the affected facility from the combustion of coal 
and oil is counted in this paragraph. No credit is provided for the heat 
input to the affected facility from the combustion of natural gas, wood, 
municipal-type solid waste, or other fuels or heat derived from exhaust 
gases from other sources, such as gas turbines, internal combustion 
engines, kilns, etc.
    (1) Affected facilities that have an annual capacity factor for coal 
and oil of 30 percent (0.30) or less and are subject to a federally 
enforceable permit limiting the operation of the affected facility to an 
annual capacity factor for coal and oil of 30 percent (0.30) or less;
    (2) Affected facilities located in a noncontinental area; or
    (3) Affected facilities combusting coal or oil, alone or in 
combination with any fuel, in a duct burner as part of a combined cycle 
system where 30 percent (0.30) or less of the heat entering the steam 
generating unit is from combustion of coal and oil in the duct burner 
and 70 percent (0.70) or more of the heat entering the steam generating 
unit is from the exhaust gases entering the duct burner; or
    (4) The affected facility burns coke oven gas alone or in 
combination with natural gas or very low sulfur distillate oil.
    (e) Except as provided in paragraph (f) of this section, compliance 
with the emission limits, fuel oil sulfur limits, and/or percent 
reduction requirements under this section are determined on a 30-day 
rolling average basis.
    (f) Except as provided in paragraph (j)(2) of this section, 
compliance with the emission limits or fuel oil sulfur limits under this 
section is determined

[[Page 192]]

on a 24-hour average basis for affected facilities that (1) have a 
federally enforceable permit limiting the annual capacity factor for oil 
to 10 percent or less, (2) combust only very low sulfur oil, and (3) do 
not combust any other fuel.
    (g) Except as provided in paragraph (i) of this section and Sec. 
60.45b(a), the SO2 emission limits and percent reduction 
requirements under this section apply at all times, including periods of 
startup, shutdown, and malfunction.
    (h) Reductions in the potential SO2 emission rate through 
fuel pretreatment are not credited toward the percent reduction 
requirement under paragraph (c) of this section unless:
    (1) Fuel pretreatment results in a 50 percent or greater reduction 
in potential SO2 emissions and
    (2) Emissions from the pretreated fuel (without combustion or post-
combustion SO2 control) are equal to or less than the 
emission limits specified in paragraph (c) of this section.
    (i) An affected facility subject to paragraph (a), (b), or (c) of 
this section may combust very low sulfur oil or natural gas when the 
SO2 control system is not being operated because of 
malfunction or maintenance of the SO2 control system.
    (j) Percent reduction requirements are not applicable to affected 
facilities combusting only very low sulfur oil. The owner or operator of 
an affected facility combusting very low sulfur oil shall demonstrate 
that the oil meets the definition of very low sulfur oil by: (1) 
Following the performance testing procedures as described in Sec. 
60.45b(c) or Sec. 60.45b(d), and following the monitoring procedures as 
described in Sec. 60.47b(a) or Sec. 60.47b(b) to determine 
SO2 emission rate or fuel oil sulfur content; or (2) 
maintaining fuel records as described in Sec. 60.49b(r).
    (k)(1) Except as provided in paragraphs (k)(2), (k)(3), and (k)(4) 
of this section, on and after the date on which the initial performance 
test is completed or is required to be completed under Sec. 60.8, 
whichever date comes first, no owner or operator of an affected facility 
that commences construction, reconstruction, or modification after 
February 28, 2005, and that combusts coal, oil, natural gas, a mixture 
of these fuels, or a mixture of these fuels with any other fuels shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 87 ng/J (0.20 lb/MMBtu) heat input or 8 
percent (0.08) of the potential SO2 emission rate (92 percent 
reduction) and 520 ng/J (1.2 lb/MMBtu) heat input. For facilities 
complying with the percent reduction standard and paragraph (k)(3) of 
this section, only the heat input supplied to the affected facility from 
the combustion of coal and oil is counted in paragraph (k) of this 
section. No credit is provided for the heat input to the affected 
facility from the combustion of natural gas, wood, municipal-type solid 
waste, or other fuels or heat derived from exhaust gases from other 
sources, such as gas turbines, internal combustion engines, kilns, etc.
    (2) Units firing only very low sulfur oil, gaseous fuel, a mixture 
of these fuels, or a mixture of these fuels with any other fuels with a 
potential SO2 emission rate of 140 ng/J (0.32 lb/MMBtu) heat 
input or less are exempt from the SO2 emissions limit in 
paragraph (k)(1) of this section.
    (3) Units that are located in a noncontinental area and that combust 
coal, oil, or natural gas shall not discharge any gases that contain 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input if the 
affected facility combusts coal, or 215 ng/J (0.50 lb/MMBtu) heat input 
if the affected facility combusts oil or natural gas.
    (4) As an alternative to meeting the requirements under paragraph 
(k)(1) of this section, modified facilities that combust coal or a 
mixture of coal with other fuels shall not cause to be discharged into 
the atmosphere any gases that contain SO2 in excess of 87 ng/
J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction) and 520 ng/J (1.2 
lb/MMBtu) heat input.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011]



Sec. 60.43b  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed

[[Page 193]]

under Sec. 60.8, whichever comes first, no owner or operator of an 
affected facility that commenced construction, reconstruction, or 
modification on or before February 28, 2005 that combusts coal or 
combusts mixtures of coal with other fuels, shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of the following emission limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input, (i) If the affected 
facility combusts only coal, or
    (ii) If the affected facility combusts coal and other fuels and has 
an annual capacity factor for the other fuels of 10 percent (0.10) or 
less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal and other fuels and has an annual capacity factor for the 
other fuels greater than 10 percent (0.10) and is subject to a federally 
enforceable requirement limiting operation of the affected facility to 
an annual capacity factor greater than 10 percent (0.10) for fuels other 
than coal.
    (3) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts coal or coal and other fuels and
    (i) Has an annual capacity factor for coal or coal and other fuels 
of 30 percent (0.30) or less,
    (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less,
    (iii) Has a federally enforceable requirement limiting operation of 
the affected facility to an annual capacity factor of 30 percent (0.30) 
or less for coal or coal and other solid fuels, and
    (iv) Construction of the affected facility commenced after June 19, 
1984, and before November 25, 1986.
    (4) An affected facility burning coke oven gas alone or in 
combination with other fuels not subject to a PM standard under Sec. 
60.43b and not using a post-combustion technology (except a wet 
scrubber) for reducing PM or SO2 emissions is not subject to 
the PM limits under Sec. 60.43b(a).
    (b) On and after the date on which the performance test is completed 
or required to be completed under Sec. 60.8, whichever comes first, no 
owner or operator of an affected facility that commenced construction, 
reconstruction, or modification on or before February 28, 2005, and that 
combusts oil (or mixtures of oil with other fuels) and uses a 
conventional or emerging technology to reduce SO2 emissions 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of 43 ng/J (0.10 lb/MMBtu) 
heat input.
    (c) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, and that combusts wood, or wood with other fuels, except coal, 
shall cause to be discharged from that affected facility any gases that 
contain PM in excess of the following emission limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor greater than 30 percent (0.30) for wood.
    (2) 86 ng/J (0.20 lb/MMBtu) heat input if (i) The affected facility 
has an annual capacity factor of 30 percent (0.30) or less for wood;
    (ii) Is subject to a federally enforceable requirement limiting 
operation of the affected facility to an annual capacity factor of 30 
percent (0.30) or less for wood; and
    (iii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less.
    (d) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
combusts municipal-type solid waste or mixtures of municipal-type solid 
waste with other fuels, shall cause to be discharged into the atmosphere 
from that affected facility any gases that contain PM in excess of the 
following emission limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input;
    (i) If the affected facility combusts only municipal-type solid 
waste; or
    (ii) If the affected facility combusts municipal-type solid waste 
and other fuels and has an annual capacity factor for the other fuels of 
10 percent (0.10) or less.

[[Page 194]]

    (2) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts municipal-type solid waste or municipal-type solid waste and 
other fuels; and
    (i) Has an annual capacity factor for municipal-type solid waste and 
other fuels of 30 percent (0.30) or less;
    (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less;
    (iii) Has a federally enforceable requirement limiting operation of 
the affected facility to an annual capacity factor of 30 percent (0.30) 
or less for municipal-type solid waste, or municipal-type solid waste 
and other fuels; and
    (iv) Construction of the affected facility commenced after June 19, 
1984, but on or before November 25, 1986.
    (e) For the purposes of this section, the annual capacity factor is 
determined by dividing the actual heat input to the steam generating 
unit during the calendar year from the combustion of coal, wood, or 
municipal-type solid waste, and other fuels, as applicable, by the 
potential heat input to the steam generating unit if the steam 
generating unit had been operated for 8,760 hours at the maximum heat 
input capacity.
    (f) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that can 
combust coal, oil, wood, or mixtures of these fuels with any other fuels 
shall cause to be discharged into the atmosphere any gases that exhibit 
greater than 20 percent opacity (6-minute average), except for one 6-
minute period per hour of not more than 27 percent opacity. Owners and 
operators of an affected facility that elect to install, calibrate, 
maintain, and operate a continuous emissions monitoring system (CEMS) 
for measuring PM emissions according to the requirements of this subpart 
and are subject to a federally enforceable PM limit of 0.030 lb/MMBtu or 
less are exempt from the opacity standard specified in this paragraph.
    (g) The PM and opacity standards apply at all times, except during 
periods of startup, shutdown, or malfunction.
    (h)(1) Except as provided in paragraphs (h)(2), (h)(3), (h)(4), 
(h)(5), and (h)(6) of this section, on and after the date on which the 
initial performance test is completed or is required to be completed 
under Sec. 60.8, whichever date comes first, no owner or operator of an 
affected facility that commenced construction, reconstruction, or 
modification after February 28, 2005, and that combusts coal, oil, wood, 
a mixture of these fuels, or a mixture of these fuels with any other 
fuels shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of 13 ng/J (0.030 
lb/MMBtu) heat input,
    (2) As an alternative to meeting the requirements of paragraph 
(h)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. On and after the date on which 
the initial performance test is completed or required to be completed 
under Sec. 60.8, no owner or operator of an affected facility that 
commences modification after February 28, 2005 shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and
    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a maximum 
heat input capacity of 73 MW (250 MMBtu/h) or less shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.

[[Page 195]]

    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a maximum 
heat input capacity greater than 73 MW (250 MMBtu/h) shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of 37 ng/J (0.085 lb/MMBtu) heat input.
    (5) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, an owner or operator of an affected facility not 
located in a noncontinental area that commences construction, 
reconstruction, or modification after February 28, 2005, and that 
combusts only oil that contains no more than 0.30 weight percent sulfur, 
coke oven gas, a mixture of these fuels, or either fuel (or a mixture of 
these fuels) in combination with other fuels not subject to a PM 
standard in Sec. 60.43b and not using a post-combustion technology 
(except a wet scrubber) to reduce SO2 or PM emissions is not 
subject to the PM limits in (h)(1) of this section.
    (6) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, an owner or operator of an affected facility located 
in a noncontinental area that commences construction, reconstruction, or 
modification after February 28, 2005, and that combusts only oil that 
contains no more than 0.5 weight percent sulfur, coke oven gas, a 
mixture of these fuels, or either fuel (or a mixture of these fuels) in 
combination with other fuels not subject to a PM standard in Sec. 
60.43b and not using a post-combustion technology (except a wet 
scrubber) to reduce SO2 or PM emissions is not subject to the 
PM limits in (h)(1) of this section.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009]



Sec. 60.44b  Standard for nitrogen oxides (NOX).

    (a) Except as provided under paragraphs (k) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec. 60.8, whichever date comes 
first, no owner or operator of an affected facility that is subject to 
the provisions of this section and that combusts only coal, oil, or 
natural gas shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain NOX (expressed as 
NO2) in excess of the following emission limits:

------------------------------------------------------------------------
                                                 Nitrogen oxide emission
                                                  limits (expressed as
        Fuel/steam generating unit type              NO2) heat input
                                               -------------------------
                                                    ng/J       lb/MMBTu
------------------------------------------------------------------------
(1) Natural gas and distillate oil, except
 (4):
    (i) Low heat release rate.................           43         0.10
    (ii) High heat release rate...............           86         0.20
(2) Residual oil:
    (i) Low heat release rate.................          130         0.30
    (ii) High heat release rate...............          170         0.40
(3) Coal:
    (i) Mass-feed stoker......................          210         0.50
    (ii) Spreader stoker and fluidized bed              260         0.60
     combustion...............................
    (iii) Pulverized coal.....................          300         0.70
    (iv) Lignite, except (v)..................          260         0.60
    (v) Lignite mined in North Dakota, South            340         0.80
     Dakota, or Montana and combusted in a
     slag tap furnace.........................
    (vi) Coal-derived synthetic fuels.........          210         0.50
(4) Duct burner used in a combined cycle
 system:
    (i) Natural gas and distillate oil........           86         0.20
    (ii) Residual oil.........................          170         0.40
------------------------------------------------------------------------


[[Page 196]]

    (b) Except as provided under paragraphs (k) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec. 60.8, whichever date comes 
first, no owner or operator of an affected facility that simultaneously 
combusts mixtures of coal, oil, or natural gas shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain NOX in excess of a limit determined by the use 
of the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.024

Where:

En = NOX emission limit (expressed as 
NO2), ng/J (lb/MMBtu);
ELgo = Appropriate emission limit from paragraph (a)(1) for 
combustion of natural gas or distillate oil, ng/J (lb/MMBtu);
Hgo = Heat input from combustion of natural gas or distillate 
oil, J (MMBtu);
ELro = Appropriate emission limit from paragraph (a)(2) for 
combustion of residual oil, ng/J (lb/MMBtu);
Hro = Heat input from combustion of residual oil, J (MMBtu);
ELc = Appropriate emission limit from paragraph (a)(3) for 
combustion of coal, ng/J (lb/MMBtu); and
Hc = Heat input from combustion of coal, J (MMBtu).

    (c) Except as provided under paragraph (l) of this section, on and 
after the date on which the initial performance test is completed or is 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that simultaneously 
combusts coal or oil, or a mixture of these fuels with natural gas, and 
wood, municipal-type solid waste, or any other fuel shall cause to be 
discharged into the atmosphere any gases that contain NOX in 
excess of the emission limit for the coal or oil, or mixtures of these 
fuels with natural gas combusted in the affected facility, as determined 
pursuant to paragraph (a) or (b) of this section, unless the affected 
facility has an annual capacity factor for coal or oil, or mixture of 
these fuels with natural gas of 10 percent (0.10) or less and is subject 
to a federally enforceable requirement that limits operation of the 
affected facility to an annual capacity factor of 10 percent (0.10) or 
less for coal, oil, or a mixture of these fuels with natural gas.
    (d) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
simultaneously combusts natural gas with wood, municipal-type solid 
waste, or other solid fuel, except coal, shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
NOX in excess of 130 ng/J (0.30 lb/MMBtu) heat input unless 
the affected facility has an annual capacity factor for natural gas of 
10 percent (0.10) or less and is subject to a federally enforceable 
requirement that limits operation of the affected facility to an annual 
capacity factor of 10 percent (0.10) or less for natural gas.
    (e) Except as provided under paragraph (l) of this section, on and 
after the date on which the initial performance test is completed or is 
required to be completed under Sec. 60.8, whichever date comes first, 
no owner or operator of an affected facility that simultaneously 
combusts coal, oil, or natural gas with byproduct/waste shall cause to 
be discharged into the atmosphere any gases that contain NOX 
in excess of the emission limit determined by the following formula 
unless the affected facility has an annual capacity factor for coal, 
oil, and natural gas of 10 percent (0.10) or less and is subject to a 
federally enforceable requirement that limits operation of the affected 
facility to an annual capacity factor of 10 percent (0.10) or less:
[GRAPHIC] [TIFF OMITTED] TR13JN07.025

Where:

En = NOX emission limit (expressed as 
NO2), ng/J (lb/MMBtu);
ELgo = Appropriate emission limit from paragraph (a)(1) for 
combustion of natural gas or distillate oil, ng/J (lb/MMBtu);
Hgo = Heat input from combustion of natural gas, distillate 
oil and gaseous byproduct/waste, J (MMBtu);

[[Page 197]]

ELro = Appropriate emission limit from paragraph (a)(2) for 
combustion of residual oil and/or byproduct/waste, ng/J (lb/MMBtu);
Hro = Heat input from combustion of residual oil, J (MMBtu);
ELc = Appropriate emission limit from paragraph (a)(3) for 
combustion of coal, ng/J (lb/MMBtu); and
Hc = Heat input from combustion of coal, J (MMBtu).

    (f) Any owner or operator of an affected facility that combusts 
byproduct/waste with either natural gas or oil may petition the 
Administrator within 180 days of the initial startup of the affected 
facility to establish a NOX emission limit that shall apply 
specifically to that affected facility when the byproduct/waste is 
combusted. The petition shall include sufficient and appropriate data, 
as determined by the Administrator, such as NOX emissions 
from the affected facility, waste composition (including nitrogen 
content), and combustion conditions to allow the Administrator to 
confirm that the affected facility is unable to comply with the emission 
limits in paragraph (e) of this section and to determine the appropriate 
emission limit for the affected facility.
    (1) Any owner or operator of an affected facility petitioning for a 
facility-specific NOX emission limit under this section 
shall:
    (i) Demonstrate compliance with the emission limits for natural gas 
and distillate oil in paragraph (a)(1) of this section or for residual 
oil in paragraph (a)(2) or (l)(1) of this section, as appropriate, by 
conducting a 30-day performance test as provided in Sec. 60.46b(e). 
During the performance test only natural gas, distillate oil, or 
residual oil shall be combusted in the affected facility; and
    (ii) Demonstrate that the affected facility is unable to comply with 
the emission limits for natural gas and distillate oil in paragraph 
(a)(1) of this section or for residual oil in paragraph (a)(2) or (l)(1) 
of this section, as appropriate, when gaseous or liquid byproduct/waste 
is combusted in the affected facility under the same conditions and 
using the same technological system of emission reduction applied when 
demonstrating compliance under paragraph (f)(1)(i) of this section.
    (2) The NOX emission limits for natural gas or distillate 
oil in paragraph (a)(1) of this section or for residual oil in paragraph 
(a)(2) or (l)(1) of this section, as appropriate, shall be applicable to 
the affected facility until and unless the petition is approved by the 
Administrator. If the petition is approved by the Administrator, a 
facility-specific NOX emission limit will be established at 
the NOX emission level achievable when the affected facility 
is combusting oil or natural gas and byproduct/waste in a manner that 
the Administrator determines to be consistent with minimizing 
NOX emissions. In lieu of amending this subpart, a letter 
will be sent to the facility describing the facility-specific 
NOX limit. The facility shall use the compliance procedures 
detailed in the letter and make the letter available to the public. If 
the Administrator determines it is appropriate, the conditions and 
requirements of the letter can be reviewed and changed at any point.
    (g) Any owner or operator of an affected facility that combusts 
hazardous waste (as defined by 40 CFR part 261 or 40 CFR part 761) with 
natural gas or oil may petition the Administrator within 180 days of the 
initial startup of the affected facility for a waiver from compliance 
with the NOX emission limit that applies specifically to that 
affected facility. The petition must include sufficient and appropriate 
data, as determined by the Administrator, on NOX emissions 
from the affected facility, waste destruction efficiencies, waste 
composition (including nitrogen content), the quantity of specific 
wastes to be combusted and combustion conditions to allow the 
Administrator to determine if the affected facility is able to comply 
with the NOX emission limits required by this section. The 
owner or operator of the affected facility shall demonstrate that when 
hazardous waste is combusted in the affected facility, thermal 
destruction efficiency requirements for hazardous waste specified in an 
applicable federally enforceable requirement preclude compliance with 
the NOX emission limits of this section. The NOX 
emission limits for natural gas or distillate oil in paragraph (a)(1) of 
this section or for residual oil in paragraph

[[Page 198]]

(a)(2) or (l)(1) of this section, as appropriate, are applicable to the 
affected facility until and unless the petition is approved by the 
Administrator. (See 40 CFR 761.70 for regulations applicable to the 
incineration of materials containing polychlorinated biphenyls (PCB's).) 
In lieu of amending this subpart, a letter will be sent to the facility 
describing the facility-specific NOX limit. The facility 
shall use the compliance procedures detailed in the letter and make the 
letter available to the public. If the Administrator determines it is 
appropriate, the conditions and requirements of the letter can be 
reviewed and changed at any point.
    (h) For purposes of paragraph (i) of this section, the 
NOX standards under this section apply at all times including 
periods of startup, shutdown, or malfunction.
    (i) Except as provided under paragraph (j) of this section, 
compliance with the emission limits under this section is determined on 
a 30-day rolling average basis.
    (j) Compliance with the emission limits under this section is 
determined on a 24-hour average basis for the initial performance test 
and on a 3-hour average basis for subsequent performance tests for any 
affected facilities that:
    (1) Combust, alone or in combination, only natural gas, distillate 
oil, or residual oil with a nitrogen content of 0.30 weight percent or 
less;
    (2) Have a combined annual capacity factor of 10 percent or less for 
natural gas, distillate oil, and residual oil with a nitrogen content of 
0.30 weight percent or less; and
    (3) Are subject to a federally enforceable requirement limiting 
operation of the affected facility to the firing of natural gas, 
distillate oil, and/or residual oil with a nitrogen content of 0.30 
weight percent or less and limiting operation of the affected facility 
to a combined annual capacity factor of 10 percent or less for natural 
gas, distillate oil, and residual oil with a nitrogen content of 0.30 
weight percent or less.
    (k) Affected facilities that meet the criteria described in 
paragraphs (j)(1), (2), and (3) of this section, and that have a heat 
input capacity of 73 MW (250 MMBtu/hr) or less, are not subject to the 
NOX emission limits under this section.
    (l) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commenced construction or reconstruction after July 9, 1997 shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain NOX (expressed as NO2) in 
excess of the following limits:
    (1) If the affected facility combusts coal, oil, natural gas, a 
mixture of these fuels, or a mixture of these fuels with any other 
fuels: A limit of 86 ng/J (0.20 lb/MMBtu) heat input unless the affected 
facility has an annual capacity factor for coal, oil, and natural gas of 
10 percent (0.10) or less and is subject to a federally enforceable 
requirement that limits operation of the facility to an annual capacity 
factor of 10 percent (0.10) or less for coal, oil, and natural gas; or
    (2) If the affected facility has a low heat release rate and 
combusts natural gas or distillate oil in excess of 30 percent of the 
heat input on a 30-day rolling average from the combustion of all fuels, 
a limit determined by use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.026

Where:

En = NOX emission limit, (lb/MMBtu);
Hgo = 30-day heat input from combustion of natural gas or 
distillate oil; and
Hr = 30-day heat input from combustion of any other fuel.

    (3) After February 27, 2006, units where more than 10 percent of 
total annual output is electrical or mechanical may comply with an 
optional limit of 270 ng/J (2.1 lb/MWh) gross energy output, based on a 
30-day rolling average. Units complying with this output-based limit 
must demonstrate compliance according to the procedures of Sec. 
60.48Da(i) of subpart Da of this part, and must monitor emissions 
according to Sec. 60.49Da(c), (k), through (n) of subpart Da of this 
part.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009]

[[Page 199]]



Sec. 60.45b  Compliance and performance test methods and procedures
for sulfur dioxide.

    (a) The SO2 emission standards in Sec. 60.42b apply at 
all times. Facilities burning coke oven gas alone or in combination with 
any other gaseous fuels or distillate oil are allowed to exceed the 
limit 30 operating days per calendar year for SO2 control 
system maintenance.
    (b) In conducting the performance tests required under Sec. 60.8, 
the owner or operator shall use the methods and procedures in appendix A 
(including fuel certification and sampling) of this part or the methods 
and procedures as specified in this section, except as provided in Sec. 
60.8(b). Section 60.8(f) does not apply to this section. The 30-day 
notice required in Sec. 60.8(d) applies only to the initial performance 
test unless otherwise specified by the Administrator.
    (c) The owner or operator of an affected facility shall conduct 
performance tests to determine compliance with the percent of potential 
SO2 emission rate (% Ps) and the SO2 
emission rate (Es) pursuant to Sec. 60.42b following the 
procedures listed below, except as provided under paragraph (d) and (k) 
of this section.
    (1) The initial performance test shall be conducted over 30 
consecutive operating days of the steam generating unit. Compliance with 
the SO2 standards shall be determined using a 30-day average. 
The first operating day included in the initial performance test shall 
be scheduled within 30 days after achieving the maximum production rate 
at which the affected facility will be operated, but not later than 180 
days after initial startup of the facility.
    (2) If only coal, only oil, or a mixture of coal and oil is 
combusted, the following procedures are used:
    (i) The procedures in Method 19 of appendix A-7 of this part are 
used to determine the hourly SO2 emission rate 
(Eho) and the 30-day average emission rate (Eao). 
The hourly averages used to compute the 30-day averages are obtained 
from the CEMS of Sec. 60.47b(a) or (b).
    (ii) The percent of potential SO2 emission rate 
(%Ps) emitted to the atmosphere is computed using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.027

Where:

%Ps = Potential SO2 emission rate, percent;
%Rg = SO2 removal efficiency of the control device 
as determined by Method 19 of appendix A of this part, in percent; and
%Rf = SO2 removal efficiency of fuel pretreatment 
as determined by Method 19 of appendix A of this part, in percent.

    (3) If coal or oil is combusted with other fuels, the same 
procedures required in paragraph (c)(2) of this section are used, except 
as provided in the following:
    (i) An adjusted hourly SO2 emission rate 
(Eho\o\) is used in Equation 19-19 of Method 19 of appendix A 
of this part to compute an adjusted 30-day average emission rate 
(Eao\o\). The Eho[deg] is computed using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.028

Where:

Eho\o\ = Adjusted hourly SO2 emission rate, ng/J 
(lb/MMBtu);
Eho = Hourly SO2 emission rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
and oil combusted in the affected facility, as determined by the fuel 
sampling and analysis procedures in Method 19 of appendix A of this 
part, ng/J (lb/MMBtu). The value Ew for each fuel lot is used 
for each hourly average during the time that the lot is being combusted; 
and
Xk = Fraction of total heat input from fuel combustion 
derived from coal, oil, or coal and oil, as determined by applicable 
procedures in Method 19 of appendix A of this part.

    (ii) To compute the percent of potential SO2 emission 
rate (%Ps), an adjusted %Rg (%Rg\o\) is 
computed from the adjusted Eao\o\ from paragraph (b)(3)(i) of 
this section and an adjusted average SO2 inlet rate 
(Eai\o\) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.029


[[Page 200]]


    To compute Eai\o\, an adjusted hourly SO2 
inlet rate (Ehi\o\) is used. The Ehi\o\ is 
computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.030

Where:

Ehi\o\ = Adjusted hourly SO2 inlet rate, ng/J (lb/
MMBtu); and
Ehi = Hourly SO2 inlet rate, ng/J (lb/MMBtu).

    (4) The owner or operator of an affected facility subject to 
paragraph (c)(3) of this section does not have to measure parameters 
Ew or Xk if the owner or operator elects to assume 
that Xk= 1.0. Owners or operators of affected facilities who 
assume Xk = 1.0 shall:
    (i) Determine %Ps following the procedures in paragraph 
(c)(2) of this section; and
    (ii) Sulfur dioxide emissions (Es) are considered to be 
in compliance with SO2 emission limits under Sec. 60.42b.
    (5) The owner or operator of an affected facility that qualifies 
under the provisions of Sec. 60.42b(d) does not have to measure 
parameters Ew or Xk in paragraph (c)(3) of this 
section if the owner or operator of the affected facility elects to 
measure SO2 emission rates of the coal or oil following the 
fuel sampling and analysis procedures in Method 19 of appendix A-7 of 
this part.
    (d) Except as provided in paragraph (j) of this section, the owner 
or operator of an affected facility that combusts only very low sulfur 
oil, natural gas, or a mixture of these fuels, has an annual capacity 
factor for oil of 10 percent (0.10) or less, and is subject to a 
federally enforceable requirement limiting operation of the affected 
facility to an annual capacity factor for oil of 10 percent (0.10) or 
less shall:
    (1) Conduct the initial performance test over 24 consecutive steam 
generating unit operating hours at full load;
    (2) Determine compliance with the standards after the initial 
performance test based on the arithmetic average of the hourly emissions 
data during each steam generating unit operating day if a CEMS is used, 
or based on a daily average if Method 6B of appendix A of this part or 
fuel sampling and analysis procedures under Method 19 of appendix A of 
this part are used.
    (e) The owner or operator of an affected facility subject to Sec. 
60.42b(d)(1) shall demonstrate the maximum design capacity of the steam 
generating unit by operating the facility at maximum capacity for 24 
hours. This demonstration will be made during the initial performance 
test and a subsequent demonstration may be requested at any other time. 
If the 24-hour average firing rate for the affected facility is less 
than the maximum design capacity provided by the manufacturer of the 
affected facility, the 24-hour average firing rate shall be used to 
determine the capacity utilization rate for the affected facility, 
otherwise the maximum design capacity provided by the manufacturer is 
used.
    (f) For the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limits and percent reduction 
requirements under Sec. 60.42b is based on the average emission rates 
and the average percent reduction for SO2 for the first 30 
consecutive steam generating unit operating days, except as provided 
under paragraph (d) of this section. The initial performance test is the 
only test for which at least 30 days prior notice is required unless 
otherwise specified by the Administrator. The initial performance test 
is to be scheduled so that the first steam generating unit operating day 
of the 30 successive steam generating unit operating days is completed 
within 30 days after achieving the maximum production rate at which the 
affected facility will be operated, but not later than 180 days after 
initial startup of the facility. The boiler load during the 30-day 
period does not have to be the maximum design load, but must be 
representative of future operating conditions and include at least one 
24-hour period at full load.
    (g) After the initial performance test required under Sec. 60.8, 
compliance with the SO2 emission limits and percent reduction 
requirements under Sec. 60.42b is based on the average emission rates 
and the average percent reduction for SO2 for 30 successive 
steam generating unit operating days, except as provided under paragraph 
(d). A separate performance test is completed at the end

[[Page 201]]

of each steam generating unit operating day after the initial 
performance test, and a new 30-day average emission rate and percent 
reduction for SO2 are calculated to show compliance with the 
standard.
    (h) Except as provided under paragraph (i) of this section, the 
owner or operator of an affected facility shall use all valid 
SO2 emissions data in calculating %Ps and 
Eho under paragraph (c), of this section whether or not the 
minimum emissions data requirements under Sec. 60.46b are achieved. All 
valid emissions data, including valid SO2 emission data 
collected during periods of startup, shutdown and malfunction, shall be 
used in calculating %Ps and Eho pursuant to 
paragraph (c) of this section.
    (i) During periods of malfunction or maintenance of the 
SO2 control systems when oil is combusted as provided under 
Sec. 60.42b(i), emission data are not used to calculate %Ps 
or Es under Sec. 60.42b(a), (b) or (c), however, the 
emissions data are used to determine compliance with the emission limit 
under Sec. 60.42b(i).
    (j) The owner or operator of an affected facility that only combusts 
very low sulfur oil, natural gas, or a mixture of these fuels with any 
other fuels not subject to an SO2 standard is not subject to 
the compliance and performance testing requirements of this section if 
the owner or operator obtains fuel receipts as described in Sec. 
60.49b(r).
    (k) The owner or operator of an affected facility seeking to 
demonstrate compliance in Sec. Sec. 60.42b(d)(4), 60.42b(j), 
60.42b(k)(2), and 60.42b(k)(3) (when not burning coal) shall follow the 
applicable procedures in Sec. 60.49b(r).

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009]



Sec. 60.46b  Compliance and performance test methods and procedures 
for particulate matter and nitrogen oxides.

    (a) The PM emission standards and opacity limits under Sec. 60.43b 
apply at all times except during periods of startup, shutdown, or 
malfunction. The NOX emission standards under Sec. 60.44b 
apply at all times.
    (b) Compliance with the PM emission standards under Sec. 60.43b 
shall be determined through performance testing as described in 
paragraph (d) of this section, except as provided in paragraph (i) of 
this section.
    (c) Compliance with the NOX emission standards under 
Sec. 60.44b shall be determined through performance testing under 
paragraph (e) or (f), or under paragraphs (g) and (h) of this section, 
as applicable.
    (d) To determine compliance with the PM emission limits and opacity 
limits under Sec. 60.43b, the owner or operator of an affected facility 
shall conduct an initial performance test as required under Sec. 60.8, 
and shall conduct subsequent performance tests as requested by the 
Administrator, using the following procedures and reference methods:
    (1) Method 3A or 3B of appendix A-2 of this part is used for gas 
analysis when applying Method 5 of appendix A-3 of this part or Method 
17 of appendix A-6 of this part.
    (2) Method 5, 5B, or 17 of appendix A of this part shall be used to 
measure the concentration of PM as follows:
    (i) Method 5 of appendix A of this part shall be used at affected 
facilities without wet flue gas desulfurization (FGD) systems; and
    (ii) Method 17 of appendix A-6 of this part may be used at 
facilities with or without wet scrubber systems provided the stack gas 
temperature does not exceed a temperature of 160 [deg]C (320 [deg]F). 
The procedures of sections 8.1 and 11.1 of Method 5B of appendix A-3 of 
this part may be used in Method 17 of appendix A-6 of this part only if 
it is used after a wet FGD system. Do not use Method 17 of appendix A-6 
of this part after wet FGD systems if the effluent is saturated or laden 
with water droplets.
    (iii) Method 5B of appendix A of this part is to be used only after 
wet FGD systems.
    (3) Method 1 of appendix A of this part is used to select the 
sampling site and the number of traverse sampling points. The sampling 
time for each run is at least 120 minutes and the minimum sampling 
volume is 1.7 dscm (60 dscf) except that smaller sampling times or 
volumes may be approved by the Administrator when necessitated by 
process variables or other factors.

[[Page 202]]

    (4) For Method 5 of appendix A of this part, the temperature of the 
sample gas in the probe and filter holder is monitored and is maintained 
at 16014 [deg]C (32025 
[deg]F).
    (5) For determination of PM emissions, the oxygen (O2) or 
CO2 sample is obtained simultaneously with each run of Method 
5, 5B, or 17 of appendix A of this part by traversing the duct at the 
same sampling location.
    (6) For each run using Method 5, 5B, or 17 of appendix A of this 
part, the emission rate expressed in ng/J heat input is determined 
using:
    (i) The O2 or CO2 measurements and PM 
measurements obtained under this section;
    (ii) The dry basis F factor; and
    (iii) The dry basis emission rate calculation procedure contained in 
Method 19 of appendix A of this part.
    (7) Method 9 of appendix A of this part is used for determining the 
opacity of stack emissions.
    (e) To determine compliance with the emission limits for 
NOX required under Sec. 60.44b, the owner or operator of an 
affected facility shall conduct the performance test as required under 
Sec. 60.8 using the continuous system for monitoring NOX 
under Sec. 60.48(b).
    (1) For the initial compliance test, NOX from the steam 
generating unit are monitored for 30 successive steam generating unit 
operating days and the 30-day average emission rate is used to determine 
compliance with the NOX emission standards under Sec. 
60.44b. The 30-day average emission rate is calculated as the average of 
all hourly emissions data recorded by the monitoring system during the 
30-day test period.
    (2) Following the date on which the initial performance test is 
completed or is required to be completed in Sec. 60.8, whichever date 
comes first, the owner or operator of an affected facility which 
combusts coal (except as specified under Sec. 60.46b(e)(4)) or which 
combusts residual oil having a nitrogen content greater than 0.30 weight 
percent shall determine compliance with the NOX emission 
standards in Sec. 60.44b on a continuous basis through the use of a 30-
day rolling average emission rate. A new 30-day rolling average emission 
rate is calculated for each steam generating unit operating day as the 
average of all of the hourly NOX emission data for the 
preceding 30 steam generating unit operating days.
    (3) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, the owner or operator of an affected facility that has 
a heat input capacity greater than 73 MW (250 MMBtu/hr) and that 
combusts natural gas, distillate oil, or residual oil having a nitrogen 
content of 0.30 weight percent or less shall determine compliance with 
the NOX standards under Sec. 60.44b on a continuous basis 
through the use of a 30-day rolling average emission rate. A new 30-day 
rolling average emission rate is calculated each steam generating unit 
operating day as the average of all of the hourly NOX 
emission data for the preceding 30 steam generating unit operating days.
    (4) Following the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an affected facility that has a 
heat input capacity of 73 MW (250 MMBtu/hr) or less and that combusts 
natural gas, distillate oil, gasified coal, or residual oil having a 
nitrogen content of 0.30 weight percent or less shall upon request 
determine compliance with the NOX standards in Sec. 60.44b 
through the use of a 30-day performance test. During periods when 
performance tests are not requested, NOX emissions data 
collected pursuant to Sec. 60.48b(g)(1) or Sec. 60.48b(g)(2) are used 
to calculate a 30-day rolling average emission rate on a daily basis and 
used to prepare excess emission reports, but will not be used to 
determine compliance with the NOX emission standards. A new 
30-day rolling average emission rate is calculated each steam generating 
unit operating day as the average of all of the hourly NOX 
emission data for the preceding 30 steam generating unit operating days.
    (5) If the owner or operator of an affected facility that combusts 
residual oil does not sample and analyze the residual oil for nitrogen 
content, as specified in Sec. 60.49b(e), the requirements of Sec. 
60.48b(g)(1) apply and the provisions of Sec. 60.48b(g)(2) are 
inapplicable.

[[Page 203]]

    (f) To determine compliance with the emissions limits for 
NOX required by Sec. 60.44b(a)(4) or Sec. 60.44b(l) for 
duct burners used in combined cycle systems, either of the procedures 
described in paragraph (f)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected facility shall conduct the 
performance test required under Sec. 60.8 as follows:
    (i) The emissions rate (E) of NOX shall be computed using 
Equation 1 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.031

Where:

E = Emissions rate of NOX from the duct burner, ng/J (lb/
MMBtu) heat input;
Esg = Combined effluent emissions rate, in ng/J (lb/MMBtu) 
heat input using appropriate F factor as described in Method 19 of 
appendix A of this part;
Hg = Heat input rate to the combustion turbine, in J/hr 
(MMBtu/hr);
Hb = Heat input rate to the duct burner, in J/hr (MMBtu/hr); 
and
Eg = Emissions rate from the combustion turbine, in ng/J (lb/
MMBtu) heat input calculated using appropriate F factor as described in 
Method 19 of appendix A of this part.

    (ii) Method 7E of appendix A of this part shall be used to determine 
the NOX concentrations. Method 3A or 3B of appendix A of this 
part shall be used to determine O2 concentration.
    (iii) The owner or operator shall identify and demonstrate to the 
Administrator's satisfaction suitable methods to determine the average 
hourly heat input rate to the combustion turbine and the average hourly 
heat input rate to the affected duct burner.
    (iv) Compliance with the emissions limits under Sec. 60.44b(a)(4) 
or Sec. 60.44b(l) is determined by the three-run average (nominal 1-
hour runs) for the initial and subsequent performance tests; or
    (2) The owner or operator of an affected facility may elect to 
determine compliance on a 30-day rolling average basis by using the CEMS 
specified under Sec. 60.48b for measuring NOX and 
O2 and meet the requirements of Sec. 60.48b. The sampling 
site shall be located at the outlet from the steam generating unit. The 
NOX emissions rate at the outlet from the steam generating 
unit shall constitute the NOX emissions rate from the duct 
burner of the combined cycle system.
    (g) The owner or operator of an affected facility described in Sec. 
60.44b(j) or Sec. 60.44b(k) shall demonstrate the maximum heat input 
capacity of the steam generating unit by operating the facility at 
maximum capacity for 24 hours. The owner or operator of an affected 
facility shall determine the maximum heat input capacity using the heat 
loss method or the heat input method described in sections 5 and 7.3 of 
the ASME Power Test Codes 4.1 (incorporated by reference, see Sec. 
60.17). This demonstration of maximum heat input capacity shall be made 
during the initial performance test for affected facilities that meet 
the criteria of Sec. 60.44b(j). It shall be made within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, but not later than 180 days after initial start-up of 
each facility, for affected facilities meeting the criteria of Sec. 
60.44b(k). Subsequent demonstrations may be required by the 
Administrator at any other time. If this demonstration indicates that 
the maximum heat input capacity of the affected facility is less than 
that stated by the manufacturer of the affected facility, the maximum 
heat input capacity determined during this demonstration shall be used 
to determine the capacity utilization rate for the affected facility. 
Otherwise, the maximum heat input capacity provided by the manufacturer 
is used.
    (h) The owner or operator of an affected facility described in Sec. 
60.44b(j) that has a heat input capacity greater than 73 MW (250 MMBtu/
hr) shall:
    (1) Conduct an initial performance test as required under Sec. 60.8 
over a minimum of 24 consecutive steam generating unit operating hours 
at maximum heat input capacity to demonstrate compliance with the 
NOX emission standards under Sec. 60.44b using Method 7, 7A, 
7E of appendix A of this part, or other approved reference methods; and
    (2) Conduct subsequent performance tests once per calendar year or 
every 400 hours of operation (whichever

[[Page 204]]

comes first) to demonstrate compliance with the NOX emission 
standards under Sec. 60.44b over a minimum of 3 consecutive steam 
generating unit operating hours at maximum heat input capacity using 
Method 7, 7A, 7E of appendix A of this part, or other approved reference 
methods.
    (i) The owner or operator of an affected facility seeking to 
demonstrate compliance with the PM limit in paragraphs Sec. 
60.43b(a)(4) or Sec. 60.43b(h)(5) shall follow the applicable 
procedures in Sec. 60.49b(r).
    (j) In place of PM testing with Method 5 or 5B of appendix A-3 of 
this part, or Method 17 of appendix A-6 of this part, an owner or 
operator may elect to install, calibrate, maintain, and operate a CEMS 
for monitoring PM emissions discharged to the atmosphere and record the 
output of the system. The owner or operator of an affected facility who 
elects to continuously monitor PM emissions instead of conducting 
performance testing using Method 5 or 5B of appendix A-3 of this part or 
Method 17 of appendix A-6 of this part shall comply with the 
requirements specified in paragraphs (j)(1) through (j)(14) of this 
section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the CEMS 
if the owner or operator was previously determining compliance by Method 
5, 5B, or 17 of appendix A of this part performance tests, whichever is 
later.
    (5) The owner or operator of an affected facility shall conduct an 
initial performance test for PM emissions as required under Sec. 60.8 
of subpart A of this part. Compliance with the PM emission limit shall 
be determined by using the CEMS specified in paragraph (j) of this 
section to measure PM and calculating a 24-hour block arithmetic average 
emission concentration using EPA Reference Method 19 of appendix A of 
this part, section 4.1.
    (6) Compliance with the PM emission limit shall be determined based 
on the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using CEMS outlet data.
    (7) At a minimum, valid CEMS hourly averages shall be obtained as 
specified in paragraphs (j)(7)(i) of this section for 75 percent of the 
total operating hours per 30-day rolling average.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (8) The 1-hour arithmetic averages required under paragraph (j)(7) 
of this section shall be expressed in ng/J or lb/MMBtu heat input and 
shall be used to calculate the boiler operating day daily arithmetic 
average emission concentrations. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec. 60.13(e)(2) of 
subpart A of this part.
    (9) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (j)(7) of this section are not met.
    (10) The CEMS shall be operated according to Performance 
Specification 11 in appendix B of this part.
    (11) During the correlation testing runs of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30-to 60-minute period) by both the continuous emission 
monitors and performance tests conducted using the following test 
methods.
    (i) For PM, Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall be used; and
    (ii) For O2 (or CO2), Method 3A or 3B of 
appendix A-2 of this part, as applicable shall be used.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part.

[[Page 205]]

Relative Response Audit's must be performed annually and Response 
Correlation Audits must be performed every 3 years.
    (13) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 75 percent of total operating hours per 30-day rolling 
average.
    (14) After July 1, 2011, within 90 days after completing a 
correlation testing run, the owner or operator of an affected facility 
shall either successfully enter the test data into EPA's WebFIRE data 
base located at http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main 
or mail a copy to: United States Environmental Protection Agency; Energy 
Strategies Group; 109 TW Alexander DR; Mail Code: D243-01; RTP, NC 
27711.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009; 76 
FR 10524, Feb. 28, 2011]



Sec. 60.47b  Emission monitoring for sulfur dioxide.

    (a) Except as provided in paragraphs (b) and (f) of this section, 
the owner or operator of an affected facility subject to the 
SO2 standards in Sec. 60.42b shall install, calibrate, 
maintain, and operate CEMS for measuring SO2 concentrations 
and either O2 or CO2 concentrations and shall 
record the output of the systems. For units complying with the percent 
reduction standard, the SO2 and either O2 or 
CO2 concentrations shall both be monitored at the inlet and 
outlet of the SO2 control device. If the owner or operator 
has installed and certified SO2 and O2 or 
CO2 CEMS according to the requirements of Sec. 75.20(c)(1) 
of this chapter and appendix A to part 75 of this chapter, and is 
continuing to meet the ongoing quality assurance requirements of Sec. 
75.21 of this chapter and appendix B to part 75 of this chapter, those 
CEMS may be used to meet the requirements of this section, provided 
that:
    (1) When relative accuracy testing is conducted, SO2 
concentration data and CO2 (or O2) data are 
collected simultaneously; and
    (2) In addition to meeting the applicable SO2 and 
CO2 (or O2) relative accuracy specifications in 
Figure 2 of appendix B to part 75 of this chapter, the relative accuracy 
(RA) standard in section 13.2 of Performance Specification 2 in appendix 
B to this part is met when the RA is calculated on a lb/MMBtu basis; and
    (3) The reporting requirements of Sec. 60.49b are met. 
SO2 and CO2 (or O2) data used to meet 
the requirements of Sec. 60.49b shall not include substitute data 
values derived from the missing data procedures in subpart D of part 75 
of this chapter, nor shall the SO2 data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (b) As an alternative to operating CEMS as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emissions and percent reduction by:
    (1) Collecting coal or oil samples in an as-fired condition at the 
inlet to the steam generating unit and analyzing them for sulfur and 
heat content according to Method 19 of appendix A of this part. Method 
19 of appendix A of this part provides procedures for converting these 
measurements into the format to be used in calculating the average 
SO2 input rate, or
    (2) Measuring SO2 according to Method 6B of appendix A of 
this part at the inlet or outlet to the SO2 control system. 
An initial stratification test is required to verify the adequacy of the 
Method 6B of appendix A of this part sampling location. The 
stratification test shall consist of three paired runs of a suitable 
SO2 and CO2 measurement train operated at the 
candidate location and a second similar train operated according to the 
procedures in section 3.2 and the applicable procedures in section 7 of 
Performance Specification 2. Method 6B of appendix A of this part, 
Method 6A of appendix A of this part, or a combination of Methods 6 and 
3 or 3B of appendix A of this part or Methods 6C and 3A of appendix A of 
this part are suitable measurement techniques. If Method 6B of appendix 
A of this part is used for the second train,

[[Page 206]]

sampling time and timer operation may be adjusted for the stratification 
test as long as an adequate sample volume is collected; however, both 
sampling trains are to be operated similarly. For the location to be 
adequate for Method 6B of appendix A of this part 24-hour tests, the 
mean of the absolute difference between the three paired runs must be 
less than 10 percent.
    (3) A daily SO2 emission rate, ED, shall be 
determined using the procedure described in Method 6A of appendix A of 
this part, section 7.6.2 (Equation 6A-8) and stated in ng/J (lb/MMBtu) 
heat input.
    (4) The mean 30-day emission rate is calculated using the daily 
measured values in ng/J (lb/MMBtu) for 30 successive steam generating 
unit operating days using equation 19-20 of Method 19 of appendix A of 
this part.
    (c) The owner or operator of an affected facility shall obtain 
emission data for at least 75 percent of the operating hours in at least 
22 out of 30 successive boiler operating days. If this minimum data 
requirement is not met with a single monitoring system, the owner or 
operator of the affected facility shall supplement the emission data 
with data collected with other monitoring systems as approved by the 
Administrator or the reference methods and procedures as described in 
paragraph (b) of this section.
    (d) The 1-hour average SO2 emission rates measured by the 
CEMS required by paragraph (a) of this section and required under Sec. 
60.13(h) is expressed in ng/J or lb/MMBtu heat input and is used to 
calculate the average emission rates under Sec. 60.42(b). Each 1-hour 
average SO2 emission rate must be based on 30 or more minutes 
of steam generating unit operation. The hourly averages shall be 
calculated according to Sec. 60.13(h)(2). Hourly SO2 
emission rates are not calculated if the affected facility is operated 
less than 30 minutes in a given clock hour and are not counted toward 
determination of a steam generating unit operating day.
    (e) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (1) Except as provided for in paragraph (e)(4) of this section, all 
CEMS shall be operated in accordance with the applicable procedures 
under Performance Specifications 1, 2, and 3 of appendix B of this part.
    (2) Except as provided for in paragraph (e)(4) of this section, 
quarterly accuracy determinations and daily calibration drift tests 
shall be performed in accordance with Procedure 1 of appendix F of this 
part.
    (3) For affected facilities combusting coal or oil, alone or in 
combination with other fuels, the span value of the SO2 CEMS 
at the inlet to the SO2 control device is 125 percent of the 
maximum estimated hourly potential SO2 emissions of the fuel 
combusted, and the span value of the CEMS at the outlet to the 
SO2 control device is 50 percent of the maximum estimated 
hourly potential SO2 emissions of the fuel combusted. 
Alternatively, SO2 span values determined according to 
section 2.1.1 in appendix A to part 75 of this chapter may be used.
    (4) As an alternative to meeting the requirements of requirements of 
paragraphs (e)(1) and (e)(2) of this section, the owner or operator may 
elect to implement the following alternative data accuracy assessment 
procedures:
    (i) For all required CO2 and O2 monitors and 
for SO2 and NOX monitors with span values greater 
than or equal to 100 ppm, the daily calibration error test and 
calibration adjustment procedures described in sections 2.1.1 and 2.1.3 
of appendix B to part 75 of this chapter may be followed instead of the 
CD assessment procedures in Procedure 1, section 4.1 of appendix F to 
this part.
    (ii) For all required CO2 and O2 monitors and 
for SO2 and NOX monitors with span values greater 
than 30 ppm, quarterly linearity checks may be performed in accordance 
with section 2.2.1 of appendix B to part 75 of this chapter, instead of 
performing the cylinder gas audits (CGAs) described in Procedure 1, 
section 5.1.2 of appendix F to this part. If this option is selected: 
The frequency of the linearity checks shall be as specified in section 
2.2.1 of appendix B to part 75 of this chapter; the applicable linearity 
specifications in section 3.2 of appendix A to part 75 of this chapter 
shall be met; the data validation and out-of-control criteria in section 
2.2.3 of appendix B to part 75 of this chapter

[[Page 207]]

shall be followed instead of the excessive audit inaccuracy and out-of-
control criteria in Procedure 1, section 5.2 of appendix F to this part; 
and the grace period provisions in section 2.2.4 of appendix B to part 
75 of this chapter shall apply. For the purposes of data validation 
under this subpart, the cylinder gas audits described in Procedure 1, 
section 5.1.2 of appendix F to this part shall be performed for 
SO2 and NOX span values less than or equal to 30 
ppm; and
    (iii) For SO2, CO2, and O2 
monitoring systems and for NOX emission rate monitoring 
systems, RATAs may be performed in accordance with section 2.3 of 
appendix B to part 75 of this chapter instead of following the 
procedures described in Procedure 1, section 5.1.1 of appendix F to this 
part. If this option is selected: The frequency of each RATA shall be as 
specified in section 2.3.1 of appendix B to part 75 of this chapter; the 
applicable relative accuracy specifications shown in Figure 2 in 
appendix B to part 75 of this chapter shall be met; the data validation 
and out-of-control criteria in section 2.3.2 of appendix B to part 75 of 
this chapter shall be followed instead of the excessive audit inaccuracy 
and out-of-control criteria in Procedure 1, section 5.2 of appendix F to 
this part; and the grace period provisions in section 2.3.3 of appendix 
B to part 75 of this chapter shall apply. For the purposes of data 
validation under this subpart, the relative accuracy specification in 
section 13.2 of Performance Specification 2 in appendix B to this part 
shall be met on a lb/MMBtu basis for SO2 (regardless of the 
SO2 emission level during the RATA), and for NOX 
when the average NOX emission rate measured by the reference 
method during the RATA is less than 0.100 lb/MMBtu.
    (f) The owner or operator of an affected facility that combusts very 
low sulfur oil or is demonstrating compliance under Sec. 60.45b(k) is 
not subject to the emission monitoring requirements under paragraph (a) 
of this section if the owner or operator maintains fuel records as 
described in Sec. 60.49b(r).

[72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009]



Sec. 60.48b  Emission monitoring for particulate matter and nitrogen oxides.

    (a) Except as provided in paragraph (j) of this section, the owner 
or operator of an affected facility subject to the opacity standard 
under Sec. 60.43b shall install, calibrate, maintain, and operate a 
continuous opacity monitoring system (COMS) for measuring the opacity of 
emissions discharged to the atmosphere and record the output of the 
system. The owner or operator of an affected facility subject to an 
opacity standard under Sec. 60.43b and meeting the conditions under 
paragraphs (j)(1), (2), (3), (4), or (5) of this section who elects not 
to use a COMS shall conduct a performance test using Method 9 of 
appendix A-4 of this part and the procedures in Sec. 60.11 to 
demonstrate compliance with the applicable limit in Sec. 60.43b by 
April 29, 2011, within 45 days of stopping use of an existing COMS, or 
180 days after initial startup of the facility, whichever is later, and 
shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) of this 
section. The observation period for Method 9 of appendix A-4 of this 
part performance tests may be reduced from 3 hours to 60 minutes if all 
6-minute averages are less than 10 percent and all individual 15-second 
observations are less than or equal to 20 percent during the initial 60 
minutes of observation.
    (1) Except as provided in paragraph (a)(2) and (a)(3) of this 
section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (a) of this section according to the applicable schedule in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section, as determined 
by the most recent Method 9 of appendix A-4 of this part performance 
test results.
    (i) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted;
    (ii) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar

[[Page 208]]

months from the date that the most recent performance test was 
conducted;
    (iii) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted; or
    (iv) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (2) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance tests, elect to 
perform subsequent monitoring using Method 22 of appendix A-7 of this 
part according to the procedures specified in paragraphs (a)(2)(i) and 
(ii) of this section.
    (i) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e., 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (a) of this section within 45 calendar 
days according to the requirements in Sec. 60.46d(d)(7).
    (ii) If no visible emissions are observed for 30 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (3) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (a)(2) of this section. For reference purposes 
in preparing the monitoring plan, see OAQPS ``Determination of Visible 
Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (b) Except as provided under paragraphs (g), (h), and (i) of this 
section, the owner or operator of an affected facility subject to a 
NOX standard under Sec. 60.44b shall comply with either 
paragraphs (b)(1) or (b)(2) of this section.
    (1) Install, calibrate, maintain, and operate CEMS for measuring 
NOX and O2 (or CO2) emissions 
discharged to the atmosphere, and shall record the output of the system; 
or
    (2) If the owner or operator has installed a NOX emission 
rate CEMS to meet the requirements of part 75 of this chapter and is 
continuing to meet the ongoing requirements of part 75 of this chapter, 
that CEMS may be used

[[Page 209]]

to meet the requirements of this section, except that the owner or 
operator shall also meet the requirements of Sec. 60.49b. Data reported 
to meet the requirements of Sec. 60.49b shall not include data 
substituted using the missing data procedures in subpart D of part 75 of 
this chapter, nor shall the data have been bias adjusted according to 
the procedures of part 75 of this chapter.
    (c) The CEMS required under paragraph (b) of this section shall be 
operated and data recorded during all periods of operation of the 
affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (d) The 1-hour average NOX emission rates measured by the 
continuous NOX monitor required by paragraph (b) of this 
section and required under Sec. 60.13(h) shall be expressed in ng/J or 
lb/MMBtu heat input and shall be used to calculate the average emission 
rates under Sec. 60.44b. The 1-hour averages shall be calculated using 
the data points required under Sec. 60.13(h)(2).
    (e) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems.
    (1) For affected facilities combusting coal, wood or municipal-type 
solid waste, the span value for a COMS shall be between 60 and 80 
percent.
    (2) For affected facilities combusting coal, oil, or natural gas, 
the span value for NOX is determined using one of the 
following procedures:
    (i) Except as provided under paragraph (e)(2)(ii) of this section, 
NOX span values shall be determined as follows:

------------------------------------------------------------------------
                Fuel                      Span values for NOX  (ppm)
------------------------------------------------------------------------
Natural gas.........................  500.
Oil.................................  500.
Coal................................  1,000.
Mixtures............................  500 (x + y) + 1,000z.
------------------------------------------------------------------------

Where:

x = Fraction of total heat input derived from natural gas;
y = Fraction of total heat input derived from oil; and
z = Fraction of total heat input derived from coal.

    (ii) As an alternative to meeting the requirements of paragraph 
(e)(2)(i) of this section, the owner or operator of an affected facility 
may elect to use the NOX span values determined according to 
section 2.1.2 in appendix A to part 75 of this chapter.
    (3) All span values computed under paragraph (e)(2)(i) of this 
section for combusting mixtures of regulated fuels are rounded to the 
nearest 500 ppm. Span values computed under paragraph (e)(2)(ii) of this 
section shall be rounded off according to section 2.1.2 in appendix A to 
part 75 of this chapter.
    (f) When NOX emission data are not obtained because of 
CEMS breakdowns, repairs, calibration checks and zero and span 
adjustments, emission data will be obtained by using standby monitoring 
systems, Method 7 of appendix A of this part, Method 7A of appendix A of 
this part, or other approved reference methods to provide emission data 
for a minimum of 75 percent of the operating hours in each steam 
generating unit operating day, in at least 22 out of 30 successive steam 
generating unit operating days.
    (g) The owner or operator of an affected facility that has a heat 
input capacity of 73 MW (250 MMBtu/hr) or less, and that has an annual 
capacity factor for residual oil having a nitrogen content of 0.30 
weight percent or less, natural gas, distillate oil, gasified coal, or 
any mixture of these fuels, greater than 10 percent (0.10) shall:
    (1) Comply with the provisions of paragraphs (b), (c), (d), (e)(2), 
(e)(3), and (f) of this section; or
    (2) Monitor steam generating unit operating conditions and predict 
NOX emission rates as specified in a plan submitted pursuant 
to Sec. 60.49b(c).
    (h) The owner or operator of a duct burner, as described in Sec. 
60.41b, that is subject to the NOX standards in Sec. 
60.44b(a)(4), Sec. 60.44b(e), or Sec. 60.44b(l) is not required to 
install or operate a continuous emissions monitoring system to measure 
NOX emissions.
    (i) The owner or operator of an affected facility described in Sec. 
60.44b(j) or Sec. 60.44b(k) is not required to install or operate a 
CEMS for measuring NOX emissions.
    (j) The owner or operator of an affected facility that meets the 
conditions in either paragraph (j)(1), (2), (3),

[[Page 210]]

(4), (5), or (6) of this section is not required to install or operate a 
COMS if:
    (1) The affected facility uses a PM CEMS to monitor PM emissions; or
    (2) The affected facility burns only liquid (excluding residual oil) 
or gaseous fuels with potential SO2 emissions rates of 26 ng/
J (0.060 lb/MMBtu) or less and does not use a post-combustion technology 
to reduce SO2 or PM emissions. The owner or operator must 
maintain fuel records of the sulfur content of the fuels burned, as 
described under Sec. 60.49b(r); or
    (3) The affected facility burns coke oven gas alone or in 
combination with fuels meeting the criteria in paragraph (j)(2) of this 
section and does not use a post-combustion technology to reduce 
SO2 or PM emissions; or
    (4) The affected facility does not use post-combustion technology 
(except a wet scrubber) for reducing PM, SO2, or carbon 
monoxide (CO) emissions, burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur, and is 
operated such that emissions of CO to the atmosphere from the affected 
facility are maintained at levels less than or equal to 0.15 lb/MMBtu on 
a steam generating unit operating day average basis. Owners and 
operators of affected facilities electing to comply with this paragraph 
must demonstrate compliance according to the procedures specified in 
paragraphs (j)(4)(i) through (iv) of this section; or
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (j)(4)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec. 60.13(h)(2).
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each steam generating unit operating day by multiplying the average 
hourly CO output concentration measured by the CO CEMS times the 
corresponding average hourly flue gas flow rate and divided by the 
corresponding average hourly heat input to the affected source. The 24-
hour average CO emission level is determined by calculating the 
arithmetic average of the hourly CO emission levels computed for each 
steam generating unit operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each steam generating unit operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the 24-hour 
average CO emission level is greater than 0.15 lb/MMBtu, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high emission incident 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to reduce the 24-hour 
average CO emission level to 0.15 lb/MMBtu or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (j)(4) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (5) The affected facility uses a bag leak detection system to 
monitor the performance of a fabric filter (baghouse) according to the 
most recent requirements in section Sec. 60.48Da of this part; or
    (6) The affected facility burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur and operates 
according to a written site-specific monitoring plan approved by the 
permitting authority. This monitoring plan must include procedures and 
criteria for establishing

[[Page 211]]

and monitoring specific parameters for the affected facility indicative 
of compliance with the opacity standard.
    (k) Owners or operators complying with the PM emission limit by 
using a PM CEMS must calibrate, maintain, operate, and record the output 
of the system for PM emissions discharged to the atmosphere as specified 
in Sec. 60.46b(j). The CEMS specified in paragraph Sec. 60.46b(j) 
shall be operated and data recorded during all periods of operation of 
the affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011]



Sec. 60.49b  Reporting and recordkeeping requirements.

    (a) The owner or operator of each affected facility shall submit 
notification of the date of initial startup, as provided by Sec. 60.7. 
This notification shall include:
    (1) The design heat input capacity of the affected facility and 
identification of the fuels to be combusted in the affected facility;
    (2) If applicable, a copy of any federally enforceable requirement 
that limits the annual capacity factor for any fuel or mixture of fuels 
under Sec. Sec. 60.42b(d)(1), 60.43b(a)(2), (a)(3)(iii), (c)(2)(ii), 
(d)(2)(iii), 60.44b(c), (d), (e), (i), (j), (k), 60.45b(d), (g), 
60.46b(h), or 60.48b(i);
    (3) The annual capacity factor at which the owner or operator 
anticipates operating the facility based on all fuels fired and based on 
each individual fuel fired; and
    (4) Notification that an emerging technology will be used for 
controlling emissions of SO2. The Administrator will examine 
the description of the emerging technology and will determine whether 
the technology qualifies as an emerging technology. In making this 
determination, the Administrator may require the owner or operator of 
the affected facility to submit additional information concerning the 
control device. The affected facility is subject to the provisions of 
Sec. 60.42b(a) unless and until this determination is made by the 
Administrator.
    (b) The owner or operator of each affected facility subject to the 
SO2, PM, and/or NOX emission limits under 
Sec. Sec. 60.42b, 60.43b, and 60.44b shall submit to the Administrator 
the performance test data from the initial performance test and the 
performance evaluation of the CEMS using the applicable performance 
specifications in appendix B of this part. The owner or operator of each 
affected facility described in Sec. 60.44b(j) or Sec. 60.44b(k) shall 
submit to the Administrator the maximum heat input capacity data from 
the demonstration of the maximum heat input capacity of the affected 
facility.
    (c) The owner or operator of each affected facility subject to the 
NOX standard in Sec. 60.44b who seeks to demonstrate 
compliance with those standards through the monitoring of steam 
generating unit operating conditions in the provisions of Sec. 
60.48b(g)(2) shall submit to the Administrator for approval a plan that 
identifies the operating conditions to be monitored in Sec. 
60.48b(g)(2) and the records to be maintained in Sec. 60.49b(g). This 
plan shall be submitted to the Administrator for approval within 360 
days of the initial startup of the affected facility. An affected 
facility burning coke oven gas alone or in combination with other 
gaseous fuels or distillate oil shall submit this plan to the 
Administrator for approval within 360 days of the initial startup of the 
affected facility or by November 30, 2009, whichever date comes later. 
If the plan is approved, the owner or operator shall maintain records of 
predicted nitrogen oxide emission rates and the monitored operating 
conditions, including steam generating unit load, identified in the 
plan. The plan shall:
    (1) Identify the specific operating conditions to be monitored and 
the relationship between these operating conditions and NOX 
emission rates (i.e., ng/J or lbs/MMBtu heat input). Steam generating 
unit operating conditions include, but are not limited to, the degree of 
staged combustion (i.e., the ratio of primary air to secondary and/or 
tertiary air) and the level of excess air (i.e., flue gas O2 
level);
    (2) Include the data and information that the owner or operator used 
to identify the relationship between NOX

[[Page 212]]

emission rates and these operating conditions; and
    (3) Identify how these operating conditions, including steam 
generating unit load, will be monitored under Sec. 60.48b(g) on an 
hourly basis by the owner or operator during the period of operation of 
the affected facility; the quality assurance procedures or practices 
that will be employed to ensure that the data generated by monitoring 
these operating conditions will be representative and accurate; and the 
type and format of the records of these operating conditions, including 
steam generating unit load, that will be maintained by the owner or 
operator under Sec. 60.49b(g).
    (d) Except as provided in paragraph (d)(2) of this section, the 
owner or operator of an affected facility shall record and maintain 
records as specified in paragraph (d)(1) of this section.
    (1) The owner or operator of an affected facility shall record and 
maintain records of the amounts of each fuel combusted during each day 
and calculate the annual capacity factor individually for coal, 
distillate oil, residual oil, natural gas, wood, and municipal-type 
solid waste for the reporting period. The annual capacity factor is 
determined on a 12-month rolling average basis with a new annual 
capacity factor calculated at the end of each calendar month.
    (2) As an alternative to meeting the requirements of paragraph 
(d)(1) of this section, the owner or operator of an affected facility 
that is subject to a federally enforceable permit restricting fuel use 
to a single fuel such that the facility is not required to continuously 
monitor any emissions (excluding opacity) or parameters indicative of 
emissions may elect to record and maintain records of the amount of each 
fuel combusted during each calendar month.
    (e) For an affected facility that combusts residual oil and meets 
the criteria under Sec. Sec. 60.46b(e)(4), 60.44b(j), or (k), the owner 
or operator shall maintain records of the nitrogen content of the 
residual oil combusted in the affected facility and calculate the 
average fuel nitrogen content for the reporting period. The nitrogen 
content shall be determined using ASTM Method D4629 (incorporated by 
reference, see Sec. 60.17), or fuel suppliers. If residual oil blends 
are being combusted, fuel nitrogen specifications may be prorated based 
on the ratio of residual oils of different nitrogen content in the fuel 
blend.
    (f) For an affected facility subject to the opacity standard in 
Sec. 60.43b, the owner or operator shall maintain records of opacity. 
In addition, an owner or operator that elects to monitor emissions 
according to the requirements in Sec. 60.48b(a) shall maintain records 
according to the requirements specified in paragraphs (f)(1) through (3) 
of this section, as applicable to the visible emissions monitoring 
method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (f)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (f)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements

[[Page 213]]

specified in the site-specific monitoring plan approved by the 
Administrator.
    (g) Except as provided under paragraph (p) of this section, the 
owner or operator of an affected facility subject to the NOX 
standards under Sec. 60.44b shall maintain records of the following 
information for each steam generating unit operating day:
    (1) Calendar date;
    (2) The average hourly NOX emission rates (expressed as 
NO2) (ng/J or lb/MMBtu heat input) measured or predicted;
    (3) The 30-day average NOX emission rates (ng/J or lb/
MMBtu heat input) calculated at the end of each steam generating unit 
operating day from the measured or predicted hourly nitrogen oxide 
emission rates for the preceding 30 steam generating unit operating 
days;
    (4) Identification of the steam generating unit operating days when 
the calculated 30-day average NOX emission rates are in 
excess of the NOX emissions standards under Sec. 60.44b, 
with the reasons for such excess emissions as well as a description of 
corrective actions taken;
    (5) Identification of the steam generating unit operating days for 
which pollutant data have not been obtained, including reasons for not 
obtaining sufficient data and a description of corrective actions taken;
    (6) Identification of the times when emission data have been 
excluded from the calculation of average emission rates and the reasons 
for excluding data;
    (7) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (9) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3; 
and
    (10) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under appendix F, Procedure 1 of this part.
    (h) The owner or operator of any affected facility in any category 
listed in paragraphs (h)(1) or (2) of this section is required to submit 
excess emission reports for any excess emissions that occurred during 
the reporting period.
    (1) Any affected facility subject to the opacity standards in Sec. 
60.43b(f) or to the operating parameter monitoring requirements in Sec. 
60.13(i)(1).
    (2) Any affected facility that is subject to the NOX 
standard of Sec. 60.44b, and that:
    (i) Combusts natural gas, distillate oil, gasified coal, or residual 
oil with a nitrogen content of 0.3 weight percent or less; or
    (ii) Has a heat input capacity of 73 MW (250 MMBtu/hr) or less and 
is required to monitor NOX emissions on a continuous basis 
under Sec. 60.48b(g)(1) or steam generating unit operating conditions 
under Sec. 60.48b(g)(2).
    (3) For the purpose of Sec. 60.43b, excess emissions are defined as 
all 6-minute periods during which the average opacity exceeds the 
opacity standards under Sec. 60.43b(f).
    (4) For purposes of Sec. 60.48b(g)(1), excess emissions are defined 
as any calculated 30-day rolling average NOX emission rate, 
as determined under Sec. 60.46b(e), that exceeds the applicable 
emission limits in Sec. 60.44b.
    (i) The owner or operator of any affected facility subject to the 
continuous monitoring requirements for NOX under Sec. 
60.48(b) shall submit reports containing the information recorded under 
paragraph (g) of this section.
    (j) The owner or operator of any affected facility subject to the 
SO2 standards under Sec. 60.42b shall submit reports.
    (k) For each affected facility subject to the compliance and 
performance testing requirements of Sec. 60.45b and the reporting 
requirement in paragraph (j) of this section, the following information 
shall be reported to the Administrator:
    (1) Calendar dates covered in the reporting period;
    (2) Each 30-day average SO2 emission rate (ng/J or lb/
MMBtu heat input) measured during the reporting period, ending with the 
last 30-day period; reasons for noncompliance with the emission 
standards; and a description of corrective actions taken; For an 
exceedance due to maintenance of the

[[Page 214]]

SO2 control system covered in paragraph 60.45b(a), the report 
shall identify the days on which the maintenance was performed and a 
description of the maintenance;
    (3) Each 30-day average percent reduction in SO2 
emissions calculated during the reporting period, ending with the last 
30-day period; reasons for noncompliance with the emission standards; 
and a description of corrective actions taken;
    (4) Identification of the steam generating unit operating days that 
coal or oil was combusted and for which SO2 or diluent 
(O2 or CO2) data have not been obtained by an 
approved method for at least 75 percent of the operating hours in the 
steam generating unit operating day; justification for not obtaining 
sufficient data; and description of corrective action taken;
    (5) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and description of corrective action taken if data 
have been excluded for periods other than those during which coal or oil 
were not combusted in the steam generating unit;
    (6) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (7) Identification of times when hourly averages have been obtained 
based on manual sampling methods;
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (9) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3;
    (10) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under appendix F, Procedure 1 of this part; and
    (11) The annual capacity factor of each fired as provided under 
paragraph (d) of this section.
    (l) For each affected facility subject to the compliance and 
performance testing requirements of Sec. 60.45b(d) and the reporting 
requirements of paragraph (j) of this section, the following information 
shall be reported to the Administrator:
    (1) Calendar dates when the facility was in operation during the 
reporting period;
    (2) The 24-hour average SO2 emission rate measured for 
each steam generating unit operating day during the reporting period 
that coal or oil was combusted, ending in the last 24-hour period in the 
quarter; reasons for noncompliance with the emission standards; and a 
description of corrective actions taken;
    (3) Identification of the steam generating unit operating days that 
coal or oil was combusted for which S02 or diluent 
(O2 or CO2) data have not been obtained by an 
approved method for at least 75 percent of the operating hours; 
justification for not obtaining sufficient data; and description of 
corrective action taken;
    (4) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and description of corrective action taken if data 
have been excluded for periods other than those during which coal or oil 
were not combusted in the steam generating unit;
    (5) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (6) Identification of times when hourly averages have been obtained 
based on manual sampling methods;
    (7) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (8) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3; 
and
    (9) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under Procedure 1 of appendix F 1 of this part. 
If the owner or operator elects to implement the alternative data 
assessment procedures described in Sec. Sec. 60.47b(e)(4)(i) through 
(e)(4)(iii), each data assessment report shall include a summary of the 
results of all of the RATAs, linearity checks, CGAs, and calibration 
error or drift assessments required by Sec. Sec. 60.47b(e)(4)(i) 
through (e)(4)(iii).
    (m) For each affected facility subject to the SO2 
standards in Sec. 60.42(b) for

[[Page 215]]

which the minimum amount of data required in Sec. 60.47b(c) were not 
obtained during the reporting period, the following information is 
reported to the Administrator in addition to that required under 
paragraph (k) of this section:
    (1) The number of hourly averages available for outlet emission 
rates and inlet emission rates;
    (2) The standard deviation of hourly averages for outlet emission 
rates and inlet emission rates, as determined in Method 19 of appendix A 
of this part, section 7;
    (3) The lower confidence limit for the mean outlet emission rate and 
the upper confidence limit for the mean inlet emission rate, as 
calculated in Method 19 of appendix A of this part, section 7; and
    (4) The ratio of the lower confidence limit for the mean outlet 
emission rate and the allowable emission rate, as determined in Method 
19 of appendix A of this part, section 7.
    (n) If a percent removal efficiency by fuel pretreatment (i.e., 
%Rf) is used to determine the overall percent reduction 
(i.e., %Ro) under Sec. 60.45b, the owner or operator of the 
affected facility shall submit a signed statement with the report.
    (1) Indicating what removal efficiency by fuel pretreatment (i.e., 
%Rf) was credited during the reporting period;
    (2) Listing the quantity, heat content, and date each pre-treated 
fuel shipment was received during the reporting period, the name and 
location of the fuel pretreatment facility; and the total quantity and 
total heat content of all fuels received at the affected facility during 
the reporting period;
    (3) Documenting the transport of the fuel from the fuel pretreatment 
facility to the steam generating unit; and
    (4) Including a signed statement from the owner or operator of the 
fuel pretreatment facility certifying that the percent removal 
efficiency achieved by fuel pretreatment was determined in accordance 
with the provisions of Method 19 of appendix A of this part and listing 
the heat content and sulfur content of each fuel before and after fuel 
pretreatment.
    (o) All records required under this section shall be maintained by 
the owner or operator of the affected facility for a period of 2 years 
following the date of such record.
    (p) The owner or operator of an affected facility described in Sec. 
60.44b(j) or (k) shall maintain records of the following information for 
each steam generating unit operating day:
    (1) Calendar date;
    (2) The number of hours of operation; and
    (3) A record of the hourly steam load.
    (q) The owner or operator of an affected facility described in Sec. 
60.44b(j) or Sec. 60.44b(k) shall submit to the Administrator a report 
containing:
    (1) The annual capacity factor over the previous 12 months;
    (2) The average fuel nitrogen content during the reporting period, 
if residual oil was fired; and
    (3) If the affected facility meets the criteria described in Sec. 
60.44b(j), the results of any NOX emission tests required 
during the reporting period, the hours of operation during the reporting 
period, and the hours of operation since the last NOX 
emission test.
    (r) The owner or operator of an affected facility who elects to use 
the fuel based compliance alternatives in Sec. 60.42b or Sec. 60.43b 
shall either:
    (1) The owner or operator of an affected facility who elects to 
demonstrate that the affected facility combusts only very low sulfur 
oil, natural gas, wood, a mixture of these fuels, or any of these fuels 
(or a mixture of these fuels) in combination with other fuels that are 
known to contain an insignificant amount of sulfur in Sec. 60.42b(j) or 
Sec. 60.42b(k) shall obtain and maintain at the affected facility fuel 
receipts from the fuel supplier that certify that the oil meets the 
definition of distillate oil and gaseous fuel meets the definition of 
natural gas as defined in Sec. 60.41b and the applicable sulfur limit. 
For the purposes of this section, the distillate oil need not meet the 
fuel nitrogen content specification in the definition of distillate oil. 
Reports shall be submitted to the Administrator certifying that only 
very low sulfur oil meeting this definition, natural gas, wood, and/or 
other fuels that are known to contain insignificant

[[Page 216]]

amounts of sulfur were combusted in the affected facility during the 
reporting period; or
    (2) The owner or operator of an affected facility who elects to 
demonstrate compliance based on fuel analysis in Sec. 60.42b or Sec. 
60.43b shall develop and submit a site-specific fuel analysis plan to 
the Administrator for review and approval no later than 60 days before 
the date you intend to demonstrate compliance. Each fuel analysis plan 
shall include a minimum initial requirement of weekly testing and each 
analysis report shall contain, at a minimum, the following information:
    (i) The potential sulfur emissions rate of the representative fuel 
mixture in ng/J heat input;
    (ii) The method used to determine the potential sulfur emissions 
rate of each constituent of the mixture. For distillate oil and natural 
gas a fuel receipt or tariff sheet is acceptable;
    (iii) The ratio of different fuels in the mixture; and
    (iv) The owner or operator can petition the Administrator to approve 
monthly or quarterly sampling in place of weekly sampling.
    (s) Facility specific NOX standard for Cytec Industries 
Fortier Plant's C.AOG incinerator located in Westwego, Louisiana:
    (1) Definitions.
    Oxidation zone is defined as the portion of the C.AOG incinerator 
that extends from the inlet of the oxidizing zone combustion air to the 
outlet gas stack.
    Reducing zone is defined as the portion of the C.AOG incinerator 
that extends from the burner section to the inlet of the oxidizing zone 
combustion air.
    Total inlet air is defined as the total amount of air introduced 
into the C.AOG incinerator for combustion of natural gas and chemical 
by-product waste and is equal to the sum of the air flow into the 
reducing zone and the air flow into the oxidation zone.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.
    (ii) When natural gas and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 289 ng/J 
(0.67 lb/MMBtu) and a maximum of 81 percent of the total inlet air 
provided for combustion shall be provided to the reducing zone of the 
C.AOG incinerator.
    (3) Emission monitoring. (i) The percent of total inlet air provided 
to the reducing zone shall be determined at least every 15 minutes by 
measuring the air flow of all the air entering the reducing zone and the 
air flow of all the air entering the oxidation zone, and compliance with 
the percentage of total inlet air that is provided to the reducing zone 
shall be determined on a 3-hour average basis.
    (ii) The NOX emission limit shall be determined by the 
compliance and performance test methods and procedures for 
NOX in Sec. 60.46b(i).
    (iii) The monitoring of the NOX emission limit shall be 
performed in accordance with Sec. 60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of the C.AOG incinerator shall submit a report on any 
excursions from the limits required by paragraph (a)(2) of this section 
to the Administrator with the quarterly report required by paragraph (i) 
of this section.
    (ii) The owner or operator of the C.AOG incinerator shall keep 
records of the monitoring required by paragraph (a)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner of operator of the C.AOG incinerator shall perform 
all the applicable reporting and recordkeeping requirements of this 
section.
    (t) Facility-specific NOX standard for Rohm and Haas 
Kentucky Incorporated's Boiler No. 100 located in Louisville, Kentucky:
    (1) Definitions.
    Air ratio control damper is defined as the part of the low 
NOX burner that is adjusted to control the split of total 
combustion air delivered to the reducing and oxidation portions of the 
combustion flame.
    Flue gas recirculation line is defined as the part of Boiler No. 100 
that recirculates a portion of the boiler flue gas back into the 
combustion air.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted,

[[Page 217]]

the NOX emission limit for fossil fuel in Sec. 60.44b(a) 
applies.
    (ii) When fossil fuel and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 473 ng/J 
(1.1 lb/MMBtu), and the air ratio control damper tee handle shall be at 
a minimum of 5 inches (12.7 centimeters) out of the boiler, and the flue 
gas recirculation line shall be operated at a minimum of 10 percent open 
as indicated by its valve opening position indicator.
    (3) Emission monitoring for nitrogen oxides. (i) The air ratio 
control damper tee handle setting and the flue gas recirculation line 
valve opening position indicator setting shall be recorded during each 
8-hour operating shift.
    (ii) The NOX emission limit shall be determined by the 
compliance and performance test methods and procedures for 
NOX in Sec. 60.46b.
    (iii) The monitoring of the NOX emission limit shall be 
performed in accordance with Sec. 60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of Boiler No. 100 shall submit a report on any excursions from 
the limits required by paragraph (b)(2) of this section to the 
Administrator with the quarterly report required by Sec. 60.49b(i).
    (ii) The owner or operator of Boiler No. 100 shall keep records of 
the monitoring required by paragraph (b)(3) of this section for a period 
of 2 years following the date of such record.
    (iii) The owner of operator of Boiler No. 100 shall perform all the 
applicable reporting and recordkeeping requirements of Sec. 60.49b.
    (u) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. (1) This paragraph (u) applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'') and only to the natural gas-fired boilers installed as part 
of the powerhouse conversion required pursuant to 40 CFR 52.2454(g). The 
requirements of this paragraph shall apply, and the requirements of 
Sec. Sec. 60.40b through 60.49b(t) shall not apply, to the natural gas-
fired boilers installed pursuant to 40 CFR 52.2454(g).
    (i) The site shall equip the natural gas-fired boilers with low 
NOX technology.
    (ii) The site shall install, calibrate, maintain, and operate a 
continuous monitoring and recording system for measuring NOX 
emissions discharged to the atmosphere and opacity using a continuous 
emissions monitoring system or a predictive emissions monitoring system.
    (iii) Within 180 days of the completion of the powerhouse 
conversion, as required by 40 CFR 52.2454, the site shall perform a 
performance test to quantify criteria pollutant emissions.
    (2) [Reserved]
    (v) The owner or operator of an affected facility may submit 
electronic quarterly reports for SO2 and/or NOX 
and/or opacity in lieu of submitting the written reports required under 
paragraphs (h), (i), (j), (k) or (l) of this section. The format of each 
quarterly electronic report shall be coordinated with the permitting 
authority. The electronic report(s) shall be submitted no later than 30 
days after the end of the calendar quarter and shall be accompanied by a 
certification statement from the owner or operator, indicating whether 
compliance with the applicable emission standards and minimum data 
requirements of this subpart was achieved during the reporting period. 
Before submitting reports in the electronic format, the owner or 
operator shall coordinate with the permitting authority to obtain their 
agreement to submit reports in this alternative format.
    (w) The reporting period for the reports required under this subpart 
is each 6 month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day following the end 
of the reporting period.
    (x) Facility-specific NOX standard for Weyerhaeuser 
Company's No. 2 Power Boiler located in New Bern, North Carolina:
    (1) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.

[[Page 218]]

    (ii) When fossil fuel and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 215 ng/J 
(0.5 lb/MMBtu).
    (2) Emission monitoring for nitrogen oxides. (i) The NOX 
emissions shall be determined by the compliance and performance test 
methods and procedures for NOX in Sec. 60.46b.
    (ii) The monitoring of the NOX emissions shall be 
performed in accordance with Sec. 60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the No. 2 Power Boiler shall submit a report on any 
excursions from the limits required by paragraph (x)(2) of this section 
to the Administrator with the quarterly report required by Sec. 
60.49b(i).
    (ii) The owner or operator of the No. 2 Power Boiler shall keep 
records of the monitoring required by paragraph (x)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner or operator of the No. 2 Power Boiler shall perform 
all the applicable reporting and recordkeeping requirements of Sec. 
60.49b.
    (y) Facility-specific NOX standard for INEOS USA's AOGI 
located in Lima, Ohio:
    (1) Standard for NOX. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec. 
60.44b(a) applies.
    (ii) When fossil fuel and chemical byproduct/waste are 
simultaneously combusted, the NOX emission limit is 645 ng/J 
(1.5 lb/MMBtu).
    (2) Emission monitoring for NOX. (i) The NOX 
emissions shall be determined by the compliance and performance test 
methods and procedures for NOX in Sec. 60.46b.
    (ii) The monitoring of the NOX emissions shall be 
performed in accordance with Sec. 60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the AOGI shall submit a report on any excursions from the 
limits required by paragraph (y)(2) of this section to the Administrator 
with the quarterly report required by paragraph (i) of this section.
    (ii) The owner or operator of the AOGI shall keep records of the 
monitoring required by paragraph (y)(3) of this section for a period of 
2 years following the date of such record.
    (iii) The owner or operator of the AOGI shall perform all the 
applicable reporting and recordkeeping requirements of this section.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5089, Jan. 28, 2009]



  Subpart Dc_Standards of Performance for Small Industrial-Commercial-
                  Institutional Steam Generating Units

    Source: 72 FR 32759, June 13, 2007, unless otherwise noted.



Sec. 60.40c  Applicability and delegation of authority.

    (a) Except as provided in paragraphs (d), (e), (f), and (g) of this 
section, the affected facility to which this subpart applies is each 
steam generating unit for which construction, modification, or 
reconstruction is commenced after June 9, 1989 and that has a maximum 
design heat input capacity of 29 megawatts (MW) (100 million British 
thermal units per hour (MMBtu/hr)) or less, but greater than or equal to 
2.9 MW (10 MMBtu/hr).
    (b) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, Sec. 60.48c(a)(4) 
shall be retained by the Administrator and not transferred to a State.
    (c) Steam generating units that meet the applicability requirements 
in paragraph (a) of this section are not subject to the sulfur dioxide 
(SO2) or particulate matter (PM) emission limits, performance 
testing requirements, or monitoring requirements under this subpart 
(Sec. Sec. 60.42c, 60.43c, 60.44c, 60.45c, 60.46c, or 60.47c) during 
periods of combustion research, as defined in Sec. 60.41c.
    (d) Any temporary change to an existing steam generating unit for 
the purpose of conducting combustion research is not considered a 
modification under Sec. 60.14.
    (e) Heat recovery steam generators that are associated with combined 
cycle gas turbines and meet the applicability requirements of subpart 
KKKK of this part are not subject to this subpart. This subpart will 
continue to

[[Page 219]]

apply to all other heat recovery steam generators that are capable of 
combusting more than or equal to 2.9 MW (10 MMBtu/hr) heat input of 
fossil fuel but less than or equal to 29 MW (100 MMBtu/hr) heat input of 
fossil fuel. If the heat recovery steam generator is subject to this 
subpart, only emissions resulting from combustion of fuels in the steam 
generating unit are subject to this subpart. (The gas turbine emissions 
are subject to subpart GG or KKKK, as applicable, of this part).
    (f) Any facility covered by subpart AAAA of this part is not subject 
by this subpart.
    (g) Any facility covered by an EPA approved State or Federal section 
111(d)/129 plan implementing subpart BBBB of this part is not subject by 
this subpart.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009]



Sec. 60.41c  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Annual capacity factor means the ratio between the actual heat input 
to a steam generating unit from an individual fuel or combination of 
fuels during a period of 12 consecutive calendar months and the 
potential heat input to the steam generating unit from all fuels had the 
steam generating unit been operated for 8,760 hours during that 12-month 
period at the maximum design heat input capacity. In the case of steam 
generating units that are rented or leased, the actual heat input shall 
be determined based on the combined heat input from all operations of 
the affected facility during a period of 12 consecutive calendar months.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec. 60.17), 
coal refuse, and petroleum coke. Coal-derived synthetic fuels derived 
from coal for the purposes of creating useful heat, including but not 
limited to solvent refined coal, gasified coal not meeting the 
definition of natural gas, coal-oil mixtures, and coal-water mixtures, 
are also included in this definition for the purposes of this subpart.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (kJ/kg) (6,000 
Btu per pound (Btu/lb) on a dry basis.
    Cogeneration steam generating unit means a steam generating unit 
that simultaneously produces both electrical (or mechanical) and thermal 
energy from the same primary energy source.
    Combined cycle system means a system in which a separate source 
(such as a stationary gas turbine, internal combustion engine, or kiln) 
provides exhaust gas to a steam generating unit.
    Combustion research means the experimental firing of any fuel or 
combination of fuels in a steam generating unit for the purpose of 
conducting research and development of more efficient combustion or more 
effective prevention or control of air pollutant emissions from 
combustion, provided that, during these periods of research and 
development, the heat generated is not used for any purpose other than 
preheating combustion air for use by that steam generating unit (i.e., 
the heat generated is released to the atmosphere without being used for 
space heating, process heating, driving pumps, preheating combustion air 
for other units, generating electricity, or any other purpose).
    Conventional technology means wet flue gas desulfurization 
technology, dry flue gas desulfurization technology, atmospheric 
fluidized bed combustion technology, and oil hydrodesulfurization 
technology.
    Distillate oil means fuel oil that complies with the specifications 
for fuel oil numbers 1 or 2, as defined by the American Society for 
Testing and Materials in ASTM D396 (incorporated by reference, see Sec. 
60.17) or diesel fuel oil numbers 1 or 2, as defined by the American 
Society for Testing and Materials in ASTM D975 (incorporated by 
reference, see Sec. 60.17).
    Dry flue gas desulfurization technology means a SO2 
control system that is located between the steam generating unit and the 
exhaust vent or stack, and that removes sulfur oxides from the

[[Page 220]]

combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline reagent and water, whether introduced 
separately or as a premixed slurry or solution and forming a dry powder 
material. This definition includes devices where the dry powder material 
is subsequently converted to another form. Alkaline reagents used in dry 
flue gas desulfurization systems include, but are not limited to, lime 
and sodium compounds.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source (such as a stationary gas turbine, 
internal combustion engine, kiln, etc.) to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a steam generating unit.
    Emerging technology means any SO2 control system that is 
not defined as a conventional technology under this section, and for 
which the owner or operator of the affected facility has received 
approval from the Administrator to operate as an emerging technology 
under Sec. 60.48c(a)(4).
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fluidized bed combustion technology means a device wherein fuel is 
distributed onto a bed (or series of beds) of limestone aggregate (or 
other sorbent materials) for combustion; and these materials are forced 
upward in the device by the flow of combustion air and the gaseous 
products of combustion. Fluidized bed combustion technology includes, 
but is not limited to, bubbling bed units and circulating bed units.
    Fuel pretreatment means a process that removes a portion of the 
sulfur in a fuel before combustion of the fuel in a steam generating 
unit.
    Heat input means heat derived from combustion of fuel in a steam 
generating unit and does not include the heat derived from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources (such as stationary gas turbines, internal combustion engines, 
and kilns).
    Heat transfer medium means any material that is used to transfer 
heat from one point to another point.
    Maximum design heat input capacity means the ability of a steam 
generating unit to combust a stated maximum amount of fuel (or 
combination of fuels) on a steady state basis as determined by the 
physical design and characteristics of the steam generating unit.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquefied petroleum (LP) gas, as defined by the American Society 
for Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec. 60.17); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 megajoules (MJ) per dry standard cubic meter (910 and 
1,150 Btu per dry standard cubic foot).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Oil means crude oil or petroleum, or a liquid fuel derived from 
crude oil or petroleum, including distillate oil and residual oil.
    Potential sulfur dioxide emission rate means the theoretical 
SO2 emissions (nanograms per joule (ng/J) or lb/MMBtu heat 
input) that would result from combusting fuel in an uncleaned state and 
without using emission control systems.
    Process heater means a device that is primarily used to heat a 
material to initiate or promote a chemical reaction in which the 
material participates as a reactant or catalyst.
    Residual oil means crude oil, fuel oil that does not comply with the 
specifications under the definition of distillate oil, and all fuel oil 
numbers 4, 5,

[[Page 221]]

and 6, as defined by the American Society for Testing and Materials in 
ASTM D396 (incorporated by reference, see Sec. 60.17).
    Steam generating unit means a device that combusts any fuel and 
produces steam or heats water or heats any heat transfer medium. This 
term includes any duct burner that combusts fuel and is part of a 
combined cycle system. This term does not include process heaters as 
defined in this subpart.
    Steam generating unit operating day means a 24-hour period between 
12:00 midnight and the following midnight during which any fuel is 
combusted at any time in the steam generating unit. It is not necessary 
for fuel to be combusted continuously for the entire 24-hour period.
    Wet flue gas desulfurization technology means an SO2 
control system that is located between the steam generating unit and the 
exhaust vent or stack, and that removes sulfur oxides from the 
combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline slurry or solution and forming a 
liquid material. This definition includes devices where the liquid 
material is subsequently converted to another form. Alkaline reagents 
used in wet flue gas desulfurization systems include, but are not 
limited to, lime, limestone, and sodium compounds.
    Wet scrubber system means any emission control device that mixes an 
aqueous stream or slurry with the exhaust gases from a steam generating 
unit to control emissions of PM or SO2.
    Wood means wood, wood residue, bark, or any derivative fuel or 
residue thereof, in any form, including but not limited to sawdust, 
sanderdust, wood chips, scraps, slabs, millings, shavings, and processed 
pellets made from wood or other forest residues.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009]



Sec. 60.42c  Standard for sulfur dioxide (SO[bdi2]).

    (a) Except as provided in paragraphs (b), (c), and (e) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, the owner or operator of an affected facility that combusts 
only coal shall neither: cause to be discharged into the atmosphere from 
the affected facility any gases that contain SO2 in excess of 
87 ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. 
If coal is combusted with other fuels, the affected facility shall 
neither: cause to be discharged into the atmosphere from the affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of the emission limit is determined 
pursuant to paragraph (e)(2) of this section.
    (b) Except as provided in paragraphs (c) and (e) of this section, on 
and after the date on which the performance test is completed or 
required to be completed under Sec. 60.8, whichever date comes first, 
the owner or operator of an affected facility that:
    (1) Combusts only coal refuse alone in a fluidized bed combustion 
steam generating unit shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 20 percent (0.20) of the potential 
SO2 emission rate (80 percent reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. If coal 
is fired with coal refuse, the affected facility subject to paragraph 
(a) of this section. If oil or any other fuel (except coal) is fired 
with coal refuse, the affected facility is subject to the 87 ng/J (0.20 
lb/MMBtu) heat input SO2 emissions limit or the 90 percent 
SO2 reduction requirement specified in paragraph (a) of this 
section and the emission limit is determined pursuant to paragraph 
(e)(2) of this section.
    (2) Combusts only coal and that uses an emerging technology for the 
control of SO2 emissions shall neither:

[[Page 222]]

    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 50 percent 
(0.50) of the potential SO2 emission rate (50 percent 
reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 260 ng/J 
(0.60 lb/MMBtu) heat input. If coal is combusted with other fuels, the 
affected facility is subject to the 50 percent SO2 reduction 
requirement specified in this paragraph and the emission limit 
determined pursuant to paragraph (e)(2) of this section.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, alone or in combination with any other fuel, and is listed in 
paragraphs (c)(1), (2), (3), or (4) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the emission limit determined 
pursuant to paragraph (e)(2) of this section. Percent reduction 
requirements are not applicable to affected facilities under paragraphs 
(c)(1), (2), (3), or (4).
    (1) Affected facilities that have a heat input capacity of 22 MW (75 
MMBtu/hr) or less.
    (2) Affected facilities that have an annual capacity for coal of 55 
percent (0.55) or less and are subject to a federally enforceable 
requirement limiting operation of the affected facility to an annual 
capacity factor for coal of 55 percent (0.55) or less.
    (3) Affected facilities located in a noncontinental area.
    (4) Affected facilities that combust coal in a duct burner as part 
of a combined cycle system where 30 percent (0.30) or less of the heat 
entering the steam generating unit is from combustion of coal in the 
duct burner and 70 percent (0.70) or more of the heat entering the steam 
generating unit is from exhaust gases entering the duct burner.
    (d) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
oil shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 215 ng/J 
(0.50 lb/MMBtu) heat input; or, as an alternative, no owner or operator 
of an affected facility that combusts oil shall combust oil in the 
affected facility that contains greater than 0.5 weight percent sulfur. 
The percent reduction requirements are not applicable to affected 
facilities under this paragraph.
    (e) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, oil, or coal and oil with any other fuel shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the following:
    (1) The percent of potential SO2 emission rate or 
numerical SO2 emission rate required under paragraph (a) or 
(b)(2) of this section, as applicable, for any affected facility that
    (i) Combusts coal in combination with any other fuel;
    (ii) Has a heat input capacity greater than 22 MW (75 MMBtu/hr); and
    (iii) Has an annual capacity factor for coal greater than 55 percent 
(0.55); and
    (2) The emission limit determined according to the following formula 
for any affected facility that combusts coal, oil, or coal and oil with 
any other fuel:

[GRAPHIC] [TIFF OMITTED] TR28JA09.005

Where:

Es = SO2 emission limit, expressed in ng/J or lb/
MMBtu heat input;
Ka = 520 ng/J (1.2 lb/MMBtu);
Kb = 260 ng/J (0.60 lb/MMBtu);
Kc = 215 ng/J (0.50 lb/MMBtu);
Ha = Heat input from the combustion of coal, except coal 
combusted in an affected facility subject to paragraph (b)(2) of this 
section, in Joules (J) [MMBtu];
Hb = Heat input from the combustion of coal in an affected 
facility subject to paragraph (b)(2) of this section, in J (MMBtu); and
Hc = Heat input from the combustion of oil, in J (MMBtu).


[[Page 223]]


    (f) Reduction in the potential SO2 emission rate through 
fuel pretreatment is not credited toward the percent reduction 
requirement under paragraph (b)(2) of this section unless:
    (1) Fuel pretreatment results in a 50 percent (0.50) or greater 
reduction in the potential SO2 emission rate; and
    (2) Emissions from the pretreated fuel (without either combustion or 
post-combustion SO2 control) are equal to or less than the 
emission limits specified under paragraph (b)(2) of this section.
    (g) Except as provided in paragraph (h) of this section, compliance 
with the percent reduction requirements, fuel oil sulfur limits, and 
emission limits of this section shall be determined on a 30-day rolling 
average basis.
    (h) For affected facilities listed under paragraphs (h)(1), (2), or 
(3) of this section, compliance with the emission limits or fuel oil 
sulfur limits under this section may be determined based on a 
certification from the fuel supplier, as described under Sec. 
60.48c(f), as applicable.
    (1) Distillate oil-fired affected facilities with heat input 
capacities between 2.9 and 29 MW (10 and 100 MMBtu/hr).
    (2) Residual oil-fired affected facilities with heat input 
capacities between 2.9 and 8.7 MW (10 and 30 MMBtu/hr).
    (3) Coal-fired facilities with heat input capacities between 2.9 and 
8.7 MW (10 and 30 MMBtu/hr).
    (i) The SO2 emission limits, fuel oil sulfur limits, and 
percent reduction requirements under this section apply at all times, 
including periods of startup, shutdown, and malfunction.
    (j) For affected facilities located in noncontinental areas and 
affected facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted under this section. No credit is provided for 
the heat input to the affected facility from wood or other fuels or for 
heat derived from exhaust gases from other sources, such as stationary 
gas turbines, internal combustion engines, and kilns.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009]



Sec. 60.43c  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or combusts mixtures of coal with other fuels 
and has a heat input capacity of 8.7 MW (30 MMBtu/hr) or greater, shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain PM in excess of the following emission limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input if the affected facility 
combusts only coal, or combusts coal with other fuels and has an annual 
capacity factor for the other fuels of 10 percent (0.10) or less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal with other fuels, has an annual capacity factor for the 
other fuels greater than 10 percent (0.10), and is subject to a 
federally enforceable requirement limiting operation of the affected 
facility to an annual capacity factor greater than 10 percent (0.10) for 
fuels other than coal.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts wood or combusts mixtures of wood with other fuels 
(except coal) and has a heat input capacity of 8.7 MW (30 MMBtu/hr) or 
greater, shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of the following 
emissions limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood greater than 30 percent (0.30); or
    (2) 130 ng/J (0.30 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood of 30 percent (0.30) or less and is 
subject to a federally enforceable requirement limiting operation of the 
affected facility

[[Page 224]]

to an annual capacity factor for wood of 30 percent (0.30) or less.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8, whichever date 
comes first, no owner or operator of an affected facility that can 
combust coal, wood, or oil and has a heat input capacity of 8.7 MW (30 
MMBtu/hr) or greater shall cause to be discharged into the atmosphere 
from that affected facility any gases that exhibit greater than 20 
percent opacity (6-minute average), except for one 6-minute period per 
hour of not more than 27 percent opacity. Owners and operators of an 
affected facility that elect to install, calibrate, maintain, and 
operate a continuous emissions monitoring system (CEMS) for measuring PM 
emissions according to the requirements of this subpart and are subject 
to a federally enforceable PM limit of 0.030 lb/MMBtu or less are exempt 
from the opacity standard specified in this paragraph.
    (d) The PM and opacity standards under this section apply at all 
times, except during periods of startup, shutdown, or malfunction.
    (e)(1) On and after the date on which the initial performance test 
is completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts coal, oil, wood, a mixture of these fuels, 
or a mixture of these fuels with any other fuels and has a heat input 
capacity of 8.7 MW (30 MMBtu/hr) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 13 ng/J (0.030 lb/MMBtu) heat input, except as provided 
in paragraphs (e)(2), (e)(3), and (e)(4) of this section.
    (2) As an alternative to meeting the requirements of paragraph 
(e)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. On and after the date on which 
the initial performance test is completed or required to be completed 
under Sec. 60.8, whichever date comes first, no owner or operator of an 
affected facility that commences modification after February 28, 2005 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and
    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a heat input 
capacity of 8.7 MW (30 MMBtu/hr) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, an owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts only oil that contains no more than 0.50 
weight percent sulfur or a mixture of 0.50 weight percent sulfur oil 
with other fuels not subject to a PM standard under Sec. 60.43c and not 
using a post-combustion technology (except a wet scrubber) to reduce PM 
or SO2 emissions is not subject to the PM limit in this 
section.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009]



Sec. 60.44c  Compliance and performance test methods and procedures
for sulfur dioxide.

    (a) Except as provided in paragraphs (g) and (h) of this section and 
Sec. 60.8(b), performance tests required under Sec. 60.8 shall be 
conducted following the procedures specified in paragraphs (b), (c),

[[Page 225]]

(d), (e), and (f) of this section, as applicable. Section 60.8(f) does 
not apply to this section. The 30-day notice required in Sec. 60.8(d) 
applies only to the initial performance test unless otherwise specified 
by the Administrator.
    (b) The initial performance test required under Sec. 60.8 shall be 
conducted over 30 consecutive operating days of the steam generating 
unit. Compliance with the percent reduction requirements and 
SO2 emission limits under Sec. 60.42c shall be determined 
using a 30-day average. The first operating day included in the initial 
performance test shall be scheduled within 30 days after achieving the 
maximum production rate at which the affect facility will be operated, 
but not later than 180 days after the initial startup of the facility. 
The steam generating unit load during the 30-day period does not have to 
be the maximum design heat input capacity, but must be representative of 
future operating conditions.
    (c) After the initial performance test required under paragraph (b) 
of this section and Sec. 60.8, compliance with the percent reduction 
requirements and SO2 emission limits under Sec. 60.42c is 
based on the average percent reduction and the average SO2 
emission rates for 30 consecutive steam generating unit operating days. 
A separate performance test is completed at the end of each steam 
generating unit operating day, and a new 30-day average percent 
reduction and SO2 emission rate are calculated to show 
compliance with the standard.
    (d) If only coal, only oil, or a mixture of coal and oil is 
combusted in an affected facility, the procedures in Method 19 of 
appendix A of this part are used to determine the hourly SO2 
emission rate (Eho) and the 30-day average SO2 
emission rate (Eao). The hourly averages used to compute the 
30-day averages are obtained from the CEMS. Method 19 of appendix A of 
this part shall be used to calculate Eao when using daily 
fuel sampling or Method 6B of appendix A of this part.
    (e) If coal, oil, or coal and oil are combusted with other fuels:
    (1) An adjusted Eho (Ehoo) is used in Equation 
19-19 of Method 19 of appendix A of this part to compute the adjusted 
Eao (Eaoo). The Ehoo is computed using 
the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.033

Where:

Ehoo = Adjusted Eho, ng/J (lb/MMBtu);
Eho = Hourly SO2 emission rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
and oil combusted in the affected facility, as determined by fuel 
sampling and analysis procedures in Method 9 of appendix A of this part, 
ng/J (lb/MMBtu). The value Ew for each fuel lot is used for 
each hourly average during the time that the lot is being combusted. The 
owner or operator does not have to measure Ew if the owner or 
operator elects to assume Ew = 0.
Xk = Fraction of the total heat input from fuel combustion 
derived from coal and oil, as determined by applicable procedures in 
Method 19 of appendix A of this part.

    (2) The owner or operator of an affected facility that qualifies 
under the provisions of Sec. 60.42c(c) or (d) (where percent reduction 
is not required) does not have to measure the parameters Ew 
or Xk if the owner or operator of the affected facility 
elects to measure emission rates of the coal or oil using the fuel 
sampling and analysis procedures under Method 19 of appendix A of this 
part.
    (f) Affected facilities subject to the percent reduction 
requirements under Sec. 60.42c(a) or (b) shall determine compliance 
with the SO2 emission limits under Sec. 60.42c pursuant to 
paragraphs (d) or (e) of this section, and shall determine compliance 
with the percent reduction requirements using the following procedures:
    (1) If only coal is combusted, the percent of potential 
SO2 emission rate is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.034

Where:

%Ps = Potential SO2 emission rate, in percent;
%Rg = SO2 removal efficiency of the control device 
as determined by Method 19 of appendix A of this part, in percent; and
%Rf = SO2 removal efficiency of fuel pretreatment 
as determined by Method 19 of appendix A of this part, in percent.


[[Page 226]]


    (2) If coal, oil, or coal and oil are combusted with other fuels, 
the same procedures required in paragraph (f)(1) of this section are 
used, except as provided for in the following:
    (i) To compute the %Ps, an adjusted %Rg 
(%Rgo) is computed from Eaoo from paragraph (e)(1) 
of this section and an adjusted average SO2 inlet rate 
(Eaio) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.035

Where:

%Rgo = Adjusted %Rg, in percent;
Eaoo = Adjusted Eao, ng/J (lb/MMBtu); and
Eaio = Adjusted average SO2 inlet rate, ng/J (lb/
MMBtu).

    (ii) To compute Eaio, an adjusted hourly SO2 
inlet rate (Ehio) is used. The Ehio is computed 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.036

Where:

Ehio = Adjusted Ehi, ng/J (lb/MMBtu);
Ehi = Hourly SO2 inlet rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
and oil combusted in the affected facility, as determined by fuel 
sampling and analysis procedures in Method 19 of appendix A of this 
part, ng/J (lb/MMBtu). The value Ew for each fuel lot is used 
for each hourly average during the time that the lot is being combusted. 
The owner or operator does not have to measure Ew if the 
owner or operator elects to assume Ew = 0; and
Xk = Fraction of the total heat input from fuel combustion 
derived from coal and oil, as determined by applicable procedures in 
Method 19 of appendix A of this part.

    (g) For oil-fired affected facilities where the owner or operator 
seeks to demonstrate compliance with the fuel oil sulfur limits under 
Sec. 60.42c based on shipment fuel sampling, the initial performance 
test shall consist of sampling and analyzing the oil in the initial tank 
of oil to be fired in the steam generating unit to demonstrate that the 
oil contains 0.5 weight percent sulfur or less. Thereafter, the owner or 
operator of the affected facility shall sample the oil in the fuel tank 
after each new shipment of oil is received, as described under Sec. 
60.46c(d)(2).
    (h) For affected facilities subject to Sec. 60.42c(h)(1), (2), or 
(3) where the owner or operator seeks to demonstrate compliance with the 
SO2 standards based on fuel supplier certification, the 
performance test shall consist of the certification from the fuel 
supplier, as described in Sec. 60.48c(f), as applicable.
    (i) The owner or operator of an affected facility seeking to 
demonstrate compliance with the SO2 standards under Sec. 
60.42c(c)(2) shall demonstrate the maximum design heat input capacity of 
the steam generating unit by operating the steam generating unit at this 
capacity for 24 hours. This demonstration shall be made during the 
initial performance test, and a subsequent demonstration may be 
requested at any other time. If the demonstrated 24-hour average firing 
rate for the affected facility is less than the maximum design heat 
input capacity stated by the manufacturer of the affected facility, the 
demonstrated 24-hour average firing rate shall be used to determine the 
annual capacity factor for the affected facility; otherwise, the maximum 
design heat input capacity provided by the manufacturer shall be used.
    (j) The owner or operator of an affected facility shall use all 
valid SO2 emissions data in calculating %Ps and 
Eho under paragraphs (d), (e), or (f) of this section, as 
applicable, whether or not the minimum emissions data requirements under 
Sec. 60.46c(f) are achieved. All valid emissions data, including valid 
data collected during periods of startup, shutdown, and malfunction, 
shall be used in calculating %Ps or Eho pursuant 
to paragraphs (d), (e), or (f) of this section, as applicable.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009]



Sec. 60.45c  Compliance and performance test methods and procedures
for particulate matter.

    (a) The owner or operator of an affected facility subject to the PM 
and/or opacity standards under Sec. 60.43c shall conduct an initial 
performance test as required under Sec. 60.8, and shall conduct

[[Page 227]]

subsequent performance tests as requested by the Administrator, to 
determine compliance with the standards using the following procedures 
and reference methods, except as specified in paragraph (c) of this 
section.
    (1) Method 1 of appendix A of this part shall be used to select the 
sampling site and the number of traverse sampling points.
    (2) Method 3A or 3B of appendix A-2 of this part shall be used for 
gas analysis when applying Method 5 or 5B of appendix A-3 of this part 
or 17 of appendix A-6 of this part.
    (3) Method 5, 5B, or 17 of appendix A of this part shall be used to 
measure the concentration of PM as follows:
    (i) Method 5 of appendix A of this part may be used only at affected 
facilities without wet scrubber systems.
    (ii) Method 17 of appendix A of this part may be used at affected 
facilities with or without wet scrubber systems provided the stack gas 
temperature does not exceed a temperature of 160 [deg]C (320 [deg]F). 
The procedures of Sections 8.1 and 11.1 of Method 5B of appendix A of 
this part may be used in Method 17 of appendix A of this part only if 
Method 17 of appendix A of this part is used in conjunction with a wet 
scrubber system. Method 17 of appendix A of this part shall not be used 
in conjunction with a wet scrubber system if the effluent is saturated 
or laden with water droplets.
    (iii) Method 5B of appendix A of this part may be used in 
conjunction with a wet scrubber system.
    (4) The sampling time for each run shall be at least 120 minutes and 
the minimum sampling volume shall be 1.7 dry standard cubic meters 
(dscm) [60 dry standard cubic feet (dscf)] except that smaller sampling 
times or volumes may be approved by the Administrator when necessitated 
by process variables or other factors.
    (5) For Method 5 or 5B of appendix A of this part, the temperature 
of the sample gas in the probe and filter holder shall be monitored and 
maintained at 160 14 [deg]C (32025 [deg]F).
    (6) For determination of PM emissions, an oxygen (O2) or 
carbon dioxide (CO2) measurement shall be obtained 
simultaneously with each run of Method 5, 5B, or 17 of appendix A of 
this part by traversing the duct at the same sampling location.
    (7) For each run using Method 5, 5B, or 17 of appendix A of this 
part, the emission rates expressed in ng/J (lb/MMBtu) heat input shall 
be determined using:
    (i) The O2 or CO2 measurements and PM 
measurements obtained under this section, (ii) The dry basis F factor, 
and
    (iii) The dry basis emission rate calculation procedure contained in 
Method 19 of appendix A of this part.
    (8) Method 9 of appendix A-4 of this part shall be used for 
determining the opacity of stack emissions.
    (b) The owner or operator of an affected facility seeking to 
demonstrate compliance with the PM standards under Sec. 60.43c(b)(2) 
shall demonstrate the maximum design heat input capacity of the steam 
generating unit by operating the steam generating unit at this capacity 
for 24 hours. This demonstration shall be made during the initial 
performance test, and a subsequent demonstration may be requested at any 
other time. If the demonstrated 24-hour average firing rate for the 
affected facility is less than the maximum design heat input capacity 
stated by the manufacturer of the affected facility, the demonstrated 
24-hour average firing rate shall be used to determine the annual 
capacity factor for the affected facility; otherwise, the maximum design 
heat input capacity provided by the manufacturer shall be used.
    (c) In place of PM testing with Method 5 or 5B of appendix A-3 of 
this part or Method 17 of appendix A-6 of this part, an owner or 
operator may elect to install, calibrate, maintain, and operate a CEMS 
for monitoring PM emissions discharged to the atmosphere and record the 
output of the system. The owner or operator of an affected facility who 
elects to continuously monitor PM emissions instead of conducting 
performance testing using Method 5 or 5B of appendix A-3 of this part or 
Method 17 of appendix A-6 of this part shall install, calibrate, 
maintain, and operate a CEMS and shall comply with the requirements 
specified in paragraphs (c)(1) through (c)(14) of this section.

[[Page 228]]

    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of CEMS if 
the owner or operator was previously determining compliance by Method 5, 
5B, or 17 of appendix A of this part performance tests, whichever is 
later.
    (5) The owner or operator of an affected facility shall conduct an 
initial performance test for PM emissions as required under Sec. 60.8 
of subpart A of this part. Compliance with the PM emission limit shall 
be determined by using the CEMS specified in paragraph (d) of this 
section to measure PM and calculating a 24-hour block arithmetic average 
emission concentration using EPA Reference Method 19 of appendix A of 
this part, section 4.1.
    (6) Compliance with the PM emission limit shall be determined based 
on the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using CEMS outlet data.
    (7) At a minimum, valid CEMS hourly averages shall be obtained as 
specified in paragraph (c)(7)(i) of this section for 75 percent of the 
total operating hours per 30-day rolling average.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (8) The 1-hour arithmetic averages required under paragraph (c)(7) 
of this section shall be expressed in ng/J or lb/MMBtu heat input and 
shall be used to calculate the boiler operating day daily arithmetic 
average emission concentrations. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec. 60.13(e)(2) of 
subpart A of this part.
    (9) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (c)(7) of this section are not met.
    (10) The CEMS shall be operated according to Performance 
Specification 11 in appendix B of this part.
    (11) During the correlation testing runs of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30- to 60-minute period) by both the continuous emission 
monitors and performance tests conducted using the following test 
methods.
    (i) For PM, Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall be used; and
    (ii) For O2 (or CO2), Method 3A or 3B of appendix A-2 of 
this part, as applicable shall be used.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (13) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 75 percent of total operating hours on a 30-day rolling 
average.
    (14) After July 1, 2011, within 90 days after the date of completing 
each performance evaluation required by paragraph (c)(11) of this 
section, the owner or operator of the affected facility must either 
submit the test data to EPA by successfully entering the data 
electronically into EPA's WebFIRE data base available at http://
cfpub.epa.gov/oarweb/index.cfm?action=fire.main or mail a copy to: 
United States Environmental Protection Agency; Energy Strategies Group; 
109 TW Alexander DR; Mail Code: D243-01; RTP, NC 27711.
    (d) The owner or operator of an affected facility seeking to 
demonstrate compliance under Sec. 60.43c(e)(4) shall follow the 
applicable procedures under

[[Page 229]]

Sec. 60.48c(f). For residual oil-fired affected facilities, fuel 
supplier certifications are only allowed for facilities with heat input 
capacities between 2.9 and 8.7 MW (10 to 30 MMBtu/hr).

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011]



Sec. 60.46c  Emission monitoring for sulfur dioxide.

    (a) Except as provided in paragraphs (d) and (e) of this section, 
the owner or operator of an affected facility subject to the 
SO2 emission limits under Sec. 60.42c shall install, 
calibrate, maintain, and operate a CEMS for measuring SO2 
concentrations and either O2 or CO2 concentrations 
at the outlet of the SO2 control device (or the outlet of the 
steam generating unit if no SO2 control device is used), and 
shall record the output of the system. The owner or operator of an 
affected facility subject to the percent reduction requirements under 
Sec. 60.42c shall measure SO2 concentrations and either 
O2 or CO2 concentrations at both the inlet and 
outlet of the SO2 control device.
    (b) The 1-hour average SO2 emission rates measured by a 
CEMS shall be expressed in ng/J or lb/MMBtu heat input and shall be used 
to calculate the average emission rates under Sec. 60.42c. Each 1-hour 
average SO2 emission rate must be based on at least 30 
minutes of operation, and shall be calculated using the data points 
required under Sec. 60.13(h)(2). Hourly SO2 emission rates 
are not calculated if the affected facility is operated less than 30 
minutes in a 1-hour period and are not counted toward determination of a 
steam generating unit operating day.
    (c) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (1) All CEMS shall be operated in accordance with the applicable 
procedures under Performance Specifications 1, 2, and 3 of appendix B of 
this part.
    (2) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 of appendix F of 
this part.
    (3) For affected facilities subject to the percent reduction 
requirements under Sec. 60.42c, the span value of the SO2 
CEMS at the inlet to the SO2 control device shall be 125 
percent of the maximum estimated hourly potential SO2 
emission rate of the fuel combusted, and the span value of the 
SO2 CEMS at the outlet from the SO2 control device 
shall be 50 percent of the maximum estimated hourly potential 
SO2 emission rate of the fuel combusted.
    (4) For affected facilities that are not subject to the percent 
reduction requirements of Sec. 60.42c, the span value of the 
SO2 CEMS at the outlet from the SO2 control device 
(or outlet of the steam generating unit if no SO2 control 
device is used) shall be 125 percent of the maximum estimated hourly 
potential SO2 emission rate of the fuel combusted.
    (d) As an alternative to operating a CEMS at the inlet to the 
SO2 control device (or outlet of the steam generating unit if 
no SO2 control device is used) as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emission rate by sampling the fuel prior to 
combustion. As an alternative to operating a CEMS at the outlet from the 
SO2 control device (or outlet of the steam generating unit if 
no SO2 control device is used) as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emission rate by using Method 6B of appendix A of 
this part. Fuel sampling shall be conducted pursuant to either paragraph 
(d)(1) or (d)(2) of this section. Method 6B of appendix A of this part 
shall be conducted pursuant to paragraph (d)(3) of this section.
    (1) For affected facilities combusting coal or oil, coal or oil 
samples shall be collected daily in an as-fired condition at the inlet 
to the steam generating unit and analyzed for sulfur content and heat 
content according the Method 19 of appendix A of this part. Method 19 of 
appendix A of this part provides procedures for converting these 
measurements into the format to be used in calculating the average 
SO2 input rate.
    (2) As an alternative fuel sampling procedure for affected 
facilities combusting oil, oil samples may be collected from the fuel 
tank for each steam generating unit immediately after the fuel tank is 
filled and before

[[Page 230]]

any oil is combusted. The owner or operator of the affected facility 
shall analyze the oil sample to determine the sulfur content of the oil. 
If a partially empty fuel tank is refilled, a new sample and analysis of 
the fuel in the tank would be required upon filling. Results of the fuel 
analysis taken after each new shipment of oil is received shall be used 
as the daily value when calculating the 30-day rolling average until the 
next shipment is received. If the fuel analysis shows that the sulfur 
content in the fuel tank is greater than 0.5 weight percent sulfur, the 
owner or operator shall ensure that the sulfur content of subsequent oil 
shipments is low enough to cause the 30-day rolling average sulfur 
content to be 0.5 weight percent sulfur or less.
    (3) Method 6B of appendix A of this part may be used in lieu of CEMS 
to measure SO2 at the inlet or outlet of the SO2 
control system. An initial stratification test is required to verify the 
adequacy of the Method 6B of appendix A of this part sampling location. 
The stratification test shall consist of three paired runs of a suitable 
SO2 and CO2 measurement train operated at the 
candidate location and a second similar train operated according to the 
procedures in Sec. 3.2 and the applicable procedures in section 7 of 
Performance Specification 2 of appendix B of this part. Method 6B of 
appendix A of this part, Method 6A of appendix A of this part, or a 
combination of Methods 6 and 3 of appendix A of this part or Methods 6C 
and 3A of appendix A of this part are suitable measurement techniques. 
If Method 6B of appendix A of this part is used for the second train, 
sampling time and timer operation may be adjusted for the stratification 
test as long as an adequate sample volume is collected; however, both 
sampling trains are to be operated similarly. For the location to be 
adequate for Method 6B of appendix A of this part 24-hour tests, the 
mean of the absolute difference between the three paired runs must be 
less than 10 percent (0.10).
    (e) The monitoring requirements of paragraphs (a) and (d) of this 
section shall not apply to affected facilities subject to Sec. 
60.42c(h) (1), (2), or (3) where the owner or operator of the affected 
facility seeks to demonstrate compliance with the SO2 
standards based on fuel supplier certification, as described under Sec. 
60.48c(f), as applicable.
    (f) The owner or operator of an affected facility operating a CEMS 
pursuant to paragraph (a) of this section, or conducting as-fired fuel 
sampling pursuant to paragraph (d)(1) of this section, shall obtain 
emission data for at least 75 percent of the operating hours in at least 
22 out of 30 successive steam generating unit operating days. If this 
minimum data requirement is not met with a single monitoring system, the 
owner or operator of the affected facility shall supplement the emission 
data with data collected with other monitoring systems as approved by 
the Administrator.



Sec. 60.47c  Emission monitoring for particulate matter.

    (a) Except as provided in paragraphs (c), (d), (e), (f), and (g) of 
this section, the owner or operator of an affected facility combusting 
coal, oil, or wood that is subject to the opacity standards under Sec. 
60.43c shall install, calibrate, maintain, and operate a continuous 
opacity monitoring system (COMS) for measuring the opacity of the 
emissions discharged to the atmosphere and record the output of the 
system. The owner or operator of an affected facility subject to an 
opacity standard in Sec. 60.43c(c) that is not required to use a COMS 
due to paragraphs (c), (d), (e), or (f) of this section that elects not 
to use a COMS shall conduct a performance test using Method 9 of 
appendix A-4 of this part and the procedures in Sec. 60.11 to 
demonstrate compliance with the applicable limit in Sec. 60.43c by 
April 29, 2011, within 45 days of stopping use of an existing COMS, or 
180 days after initial startup of the facility, whichever is later, and 
shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) of this 
section. The observation period for Method 9 of appendix A-4 of this 
part performance tests may be reduced from 3 hours to 60 minutes if all 
6-minute averages are less than 10 percent and all individual 15-second 
observations are less than or equal to 20 percent during the initial 60 
minutes of observation.

[[Page 231]]

    (1) Except as provided in paragraph (a)(2) and (a)(3) of this 
section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (a) of this section according to the applicable schedule in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section, as determined 
by the most recent Method 9 of appendix A-4 of this part performance 
test results.
    (i) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted;
    (ii) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar months from the date that the most recent performance test 
was conducted;
    (iii) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted; or
    (iv) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (2) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance tests, elect to 
perform subsequent monitoring using Method 22 of appendix A-7 of this 
part according to the procedures specified in paragraphs (a)(2)(i) and 
(ii) of this section.
    (i) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e. , 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (a) of this section within 45 calendar 
days according to the requirements in Sec. 60.45c(a)(8).
    (ii) If no visible emissions are observed for 30 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (3) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (a)(2) of this section. For reference purposes 
in preparing the monitoring plan, see OAQPS ``Determination of Visible 
Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02),

[[Page 232]]

Research Triangle Park, NC 27711. This document is also available on the 
Technology Transfer Network (TTN) under Emission Measurement Center 
Preliminary Methods.
    (b) All COMS shall be operated in accordance with the applicable 
procedures under Performance Specification 1 of appendix B of this part. 
The span value of the opacity COMS shall be between 60 and 80 percent.
    (c) Owners and operators of an affected facilities that burn only 
distillate oil that contains no more than 0.5 weight percent sulfur and/
or liquid or gaseous fuels with potential sulfur dioxide emission rates 
of 26 ng/J (0.060 lb/MMBtu) heat input or less and that do not use a 
post-combustion technology to reduce SO2 or PM emissions and that are 
subject to an opacity standard in Sec. 60.43c(c) are not required to 
operate a COMS if they follow the applicable procedures in Sec. 
60.48c(f).
    (d) Owners or operators complying with the PM emission limit by 
using a PM CEMS must calibrate, maintain, operate, and record the output 
of the system for PM emissions discharged to the atmosphere as specified 
in Sec. 60.45c(c). The CEMS specified in paragraph Sec. 60.45c(c) 
shall be operated and data recorded during all periods of operation of 
the affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (e) Owners and operators of an affected facility that is subject to 
an opacity standard in Sec. 60.43c(c) and that does not use post-
combustion technology (except a wet scrubber) for reducing PM, 
SO2, or carbon monoxide (CO) emissions, burns only gaseous 
fuels or fuel oils that contain less than or equal to 0.5 weight percent 
sulfur, and is operated such that emissions of CO discharged to the 
atmosphere from the affected facility are maintained at levels less than 
or equal to 0.15 lb/MMBtu on a boiler operating day average basis is not 
required to operate a COMS. Owners and operators of affected facilities 
electing to comply with this paragraph must demonstrate compliance 
according to the procedures specified in paragraphs (e)(1) through (4) 
of this section; or
    (1) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (e)(1)(i) through (iv) of this 
section.
    (i) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec. 60.58b(i)(3) of subpart Eb 
of this part.
    (ii) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (iii) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec. 60.13(h)(2).
    (iv) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (2) You must calculate the 1-hour average CO emissions levels for 
each steam generating unit operating day by multiplying the average 
hourly CO output concentration measured by the CO CEMS times the 
corresponding average hourly flue gas flow rate and divided by the 
corresponding average hourly heat input to the affected source. The 24-
hour average CO emission level is determined by calculating the 
arithmetic average of the hourly CO emission levels computed for each 
steam generating unit operating day.
    (3) You must evaluate the preceding 24-hour average CO emission 
level each steam generating unit operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the 24-hour 
average CO emission level is greater than 0.15 lb/MMBtu, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high emission incident 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to reduce the 24-hour 
average CO emission level to 0.15 lb/MMBtu or less.
    (4) You must record the CO measurements and calculations performed 
according to paragraph (e) of this section and any corrective actions 
taken. The

[[Page 233]]

record of corrective action taken must include the date and time during 
which the 24-hour average CO emission level was greater than 0.15 lb/
MMBtu, and the date, time, and description of the corrective action.
    (f) Owners and operators of an affected facility that is subject to 
an opacity standard in Sec. 60.43c(c) and that uses a bag leak 
detection system to monitor the performance of a fabric filter 
(baghouse) according to the most recent requirements in section Sec. 
60.48Da of this part is not required to operate a COMS.
    (g) Owners and operators of an affected facility that is subject to 
an opacity standard in Sec. 60.43c(c) and that burns only gaseous fuels 
or fuel oils that contain less than or equal to 0.5 weight percent 
sulfur and operates according to a written site-specific monitoring plan 
approved by the permitting authority is not required to operate a COMS. 
This monitoring plan must include procedures and criteria for 
establishing and monitoring specific parameters for the affected 
facility indicative of compliance with the opacity standard.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011]



Sec. 60.48c  Reporting and recordkeeping requirements.

    (a) The owner or operator of each affected facility shall submit 
notification of the date of construction or reconstruction and actual 
startup, as provided by Sec. 60.7 of this part. This notification shall 
include:
    (1) The design heat input capacity of the affected facility and 
identification of fuels to be combusted in the affected facility.
    (2) If applicable, a copy of any federally enforceable requirement 
that limits the annual capacity factor for any fuel or mixture of fuels 
under Sec. 60.42c, or Sec. 60.43c.
    (3) The annual capacity factor at which the owner or operator 
anticipates operating the affected facility based on all fuels fired and 
based on each individual fuel fired.
    (4) Notification if an emerging technology will be used for 
controlling SO2 emissions. The Administrator will examine the 
description of the control device and will determine whether the 
technology qualifies as an emerging technology. In making this 
determination, the Administrator may require the owner or operator of 
the affected facility to submit additional information concerning the 
control device. The affected facility is subject to the provisions of 
Sec. 60.42c(a) or (b)(1), unless and until this determination is made 
by the Administrator.
    (b) The owner or operator of each affected facility subject to the 
SO2 emission limits of Sec. 60.42c, or the PM or opacity 
limits of Sec. 60.43c, shall submit to the Administrator the 
performance test data from the initial and any subsequent performance 
tests and, if applicable, the performance evaluation of the CEMS and/or 
COMS using the applicable performance specifications in appendix B of 
this part.
    (c) In addition to the applicable requirements in Sec. 60.7, the 
owner or operator of an affected facility subject to the opacity limits 
in Sec. 60.43c(c) shall submit excess emission reports for any excess 
emissions from the affected facility that occur during the reporting 
period and maintain records according to the requirements specified in 
paragraphs (c)(1) through (3) of this section, as applicable to the 
visible emissions monitoring method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (c)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (c)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;

[[Page 234]]

    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator
    (d) The owner or operator of each affected facility subject to the 
SO2 emission limits, fuel oil sulfur limits, or percent 
reduction requirements under Sec. 60.42c shall submit reports to the 
Administrator.
    (e) The owner or operator of each affected facility subject to the 
SO2 emission limits, fuel oil sulfur limits, or percent 
reduction requirements under Sec. 60.42c shall keep records and submit 
reports as required under paragraph (d) of this section, including the 
following information, as applicable.
    (1) Calendar dates covered in the reporting period.
    (2) Each 30-day average SO2 emission rate (ng/J or lb/
MMBtu), or 30-day average sulfur content (weight percent), calculated 
during the reporting period, ending with the last 30-day period; reasons 
for any noncompliance with the emission standards; and a description of 
corrective actions taken.
    (3) Each 30-day average percent of potential SO2 emission 
rate calculated during the reporting period, ending with the last 30-day 
period; reasons for any noncompliance with the emission standards; and a 
description of the corrective actions taken.
    (4) Identification of any steam generating unit operating days for 
which SO2 or diluent (O2 or CO2) data 
have not been obtained by an approved method for at least 75 percent of 
the operating hours; justification for not obtaining sufficient data; 
and a description of corrective actions taken.
    (5) Identification of any times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and a description of corrective actions taken if 
data have been excluded for periods other than those during which coal 
or oil were not combusted in the steam generating unit.
    (6) Identification of the F factor used in calculations, method of 
determination, and type of fuel combusted.
    (7) Identification of whether averages have been obtained based on 
CEMS rather than manual sampling methods.
    (8) If a CEMS is used, identification of any times when the 
pollutant concentration exceeded the full span of the CEMS.
    (9) If a CEMS is used, description of any modifications to the CEMS 
that could affect the ability of the CEMS to comply with Performance 
Specifications 2 or 3 of appendix B of this part.
    (10) If a CEMS is used, results of daily CEMS drift tests and 
quarterly accuracy assessments as required under appendix F, Procedure 1 
of this part.
    (11) If fuel supplier certification is used to demonstrate 
compliance, records of fuel supplier certification as described under 
paragraph (f)(1), (2), (3), or (4) of this section, as applicable. In 
addition to records of fuel supplier certifications, the report shall 
include a certified statement signed by the owner or operator of the 
affected facility that the records of fuel supplier certifications 
submitted represent all of the fuel combusted during the reporting 
period.
    (f) Fuel supplier certification shall include the following 
information:
    (1) For distillate oil:
    (i) The name of the oil supplier;
    (ii) A statement from the oil supplier that the oil complies with 
the specifications under the definition of distillate oil in Sec. 
60.41c; and
    (iii) The sulfur content or maximum sulfur content of the oil.
    (2) For residual oil:
    (i) The name of the oil supplier;
    (ii) The location of the oil when the sample was drawn for analysis 
to determine the sulfur content of the oil, specifically including 
whether the oil was

[[Page 235]]

sampled as delivered to the affected facility, or whether the sample was 
drawn from oil in storage at the oil supplier's or oil refiner's 
facility, or other location;
    (iii) The sulfur content of the oil from which the shipment came (or 
of the shipment itself); and
    (iv) The method used to determine the sulfur content of the oil.
    (3) For coal:
    (i) The name of the coal supplier;
    (ii) The location of the coal when the sample was collected for 
analysis to determine the properties of the coal, specifically including 
whether the coal was sampled as delivered to the affected facility or 
whether the sample was collected from coal in storage at the mine, at a 
coal preparation plant, at a coal supplier's facility, or at another 
location. The certification shall include the name of the coal mine (and 
coal seam), coal storage facility, or coal preparation plant (where the 
sample was collected);
    (iii) The results of the analysis of the coal from which the 
shipment came (or of the shipment itself) including the sulfur content, 
moisture content, ash content, and heat content; and
    (iv) The methods used to determine the properties of the coal.
    (4) For other fuels:
    (i) The name of the supplier of the fuel;
    (ii) The potential sulfur emissions rate or maximum potential sulfur 
emissions rate of the fuel in ng/J heat input; and
    (iii) The method used to determine the potential sulfur emissions 
rate of the fuel.
    (g)(1) Except as provided under paragraphs (g)(2) and (g)(3) of this 
section, the owner or operator of each affected facility shall record 
and maintain records of the amount of each fuel combusted during each 
operating day.
    (2) As an alternative to meeting the requirements of paragraph 
(g)(1) of this section, the owner or operator of an affected facility 
that combusts only natural gas, wood, fuels using fuel certification in 
Sec. 60.48c(f) to demonstrate compliance with the SO2 
standard, fuels not subject to an emissions standard (excluding 
opacity), or a mixture of these fuels may elect to record and maintain 
records of the amount of each fuel combusted during each calendar month.
    (3) As an alternative to meeting the requirements of paragraph 
(g)(1) of this section, the owner or operator of an affected facility or 
multiple affected facilities located on a contiguous property unit where 
the only fuels combusted in any steam generating unit (including steam 
generating units not subject to this subpart) at that property are 
natural gas, wood, distillate oil meeting the most current requirements 
in Sec. 60.42C to use fuel certification to demonstrate compliance with 
the SO2 standard, and/or fuels, excluding coal and residual 
oil, not subject to an emissions standard (excluding opacity) may elect 
to record and maintain records of the total amount of each steam 
generating unit fuel delivered to that property during each calendar 
month.
    (h) The owner or operator of each affected facility subject to a 
federally enforceable requirement limiting the annual capacity factor 
for any fuel or mixture of fuels under Sec. 60.42c or Sec. 60.43c 
shall calculate the annual capacity factor individually for each fuel 
combusted. The annual capacity factor is determined on a 12-month 
rolling average basis with a new annual capacity factor calculated at 
the end of the calendar month.
    (i) All records required under this section shall be maintained by 
the owner or operator of the affected facility for a period of two years 
following the date of such record.
    (j) The reporting period for the reports required under this subpart 
is each six-month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day following the end 
of the reporting period.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009]



           Subpart E_Standards of Performance for Incinerators



Sec. 60.50  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each 
incinerator of more than 45 metric tons per day charging

[[Page 236]]

rate (50 tons/day), which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.
    (c) Any facility covered by subpart Cb, Eb, AAAA, or BBBB of this 
part is not covered by this subpart.
    (d) Any facility covered by an EPA approved State section 111(d)/129 
plan implementing subpart Cb or BBBB of this part is not covered by this 
subpart.
    (e) Any facility covered by subpart FFF or JJJ of part 62 of this 
title (Federal section 111(d)/129 plan implementing subpart Cb or BBBB 
of this part) is not covered by this subpart.

[42 FR 37936, July 25, 1977, as amended at 71 FR 27335, May 10, 2006]



Sec. 60.51  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Incinerator means any furnace used in the process of burning 
solid waste for the purpose of reducing the volume of the waste by 
removing combustible matter.
    (b) Solid waste means refuse, more than 50 percent of which is 
municipal type waste consisting of a mixture of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustibles, 
and noncombustible materials such as glass and rock.
    (c) Day means 24 hours.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20792, June 14, 1974]



Sec. 60.52  Standard for particulate matter.

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec. 60.8 of this part, 
whichever date comes first, no owner or operator subject to the 
provisions of this part shall cause to be discharged into the atmosphere 
from any affected facility any gases which contain particulate matter in 
excess of 0.18 g/dscm (0.08 gr/dscf) corrected to 12 percent 
CO2.

[39 FR 20792, June 14, 1974, as amended at 65 FR 61753, Oct. 17, 2000]



Sec. 60.53  Monitoring of operations.

    (a) The owner or operator of any incinerator subject to the 
provisions of this part shall record the daily charging rates and hours 
of operation.



Sec. 60.54  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standard in Sec. 60.52 as follows:
    (1) The concentration (c12) of particulate matter, 
corrected to 12 percent CO2, shall be computed for each run 
using the following equation:

c12 = cs (12/%CO2)

where:

c12=concentration of particulate matter, corrected to 12 
percent CO2, g/dscm (gr/dscf).
cs=concentration of particulate matter, g/dscm (gr/dscf).
%CO2=CO2 concentration, percent dry basis.

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs). The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The emission rate correction factor, integrated or grab sampling 
and analysis procedure of Method 3B shall be used to determine 
CO2 concentration (%CO2).
    (i) The CO2 sample shall be obtained simultaneously with, 
and at the same traverse points as, the particulate run. If the 
particulate run has more than 12 traverse points, the CO2 
traverse points may be reduced to 12 if Method 1 is used to locate the 
12 CO2 traverse points. If individual CO2 samples 
are taken at each traverse point, the CO2 concentration 
(%CO2) used in the correction equation shall be the 
arithmetic mean of the sample CO2 concentrations at all 
traverse points.
    (ii) If sampling is conducted after a wet scrubber, an ``adjusted'' 
CO2 concentration [(%CO2)adj], which 
accounts for the effects of CO2 absorption and dilution air, 
may be used instead of the CO2 concentration determined in 
this

[[Page 237]]

paragraph. The adjusted CO2 concentration shall be determined 
by either of the procedures in paragraph (c) of this section.
    (c) The owner or operator may use either of the following procedures 
to determine the adjusted CO2 concentration.
    (1) The volumetric flow rates at the inlet and outlet of the wet 
scrubber and the inlet CO2 concentration may be used to 
determine the adjusted CO2 concentration 
[(%CO2)adj] using the following equation:

(%CO2)adj=(%CO2)di 
    (Qdi/Qdo)

where:

(%CO2)adj=adjusted outlet CO2 
concentration, percent dry basis.
(%CO2)di=CO2 concentration measured 
before the scrubber, percent dry basis.
Qdi=volumetric flow rate of effluent gas before the wet 
scrubber, dscm/min (dscf/min).
Qdo=volumetric flow rate of effluent gas after the wet 
scrubber, dscm/min (dscf/min).

    (i) At the outlet, Method 5 is used to determine the volumetric flow 
rate (Qdo) of the effluent gas.
    (ii) At the inlet, Method 2 is used to determine the volumetric flow 
rate (Qdi) of the effluent gas as follows: Two full velocity 
traverses are conducted, one immediately before and one immediately 
after each particulate run conducted at the outlet, and the results are 
averaged.
    (iii) At the inlet, the emission rate correction factor, integrated 
sampling and analysis procedure of Method 3B is used to determine the 
CO2 concentration [(%CO2)di] as 
follows: At least nine sampling points are selected randomly from the 
velocity traverse points and are divided randomly into three sets, equal 
in number of points; the first set of three or more points is used for 
the first run, the second set for the second run, and the third set for 
the third run. The CO2 sample is taken simultaneously with 
each particulate run being conducted at the outlet, by traversing the 
three sampling points (or more) and sampling at each point for equal 
increments of time.
    (2) Excess air measurements may be used to determine the adjusted 
CO2 concentration [(%CO2)adj] using the 
following equation:

(%CO2)adj=(%CO2)di 
    [(100+%EAi)/(100+%EAo)]

where:

(%CO2)adj=adjusted outlet CO2 
concentration, percent dry basis.
(%CO2)di=CO2 concentration at the inlet 
of the wet scrubber, percent dry basis.
%EAi=excess air at the inlet of the scrubber, percent.
%EAo=excess air at the outlet of the scrubber, percent.

    (i) A gas sample is collected as in paragraph (c)(1)(iii) of this 
section and the gas samples at both the inlet and outlet locations are 
analyzed for CO2, O2, and N2.
    (ii) Equation 3B-3 of Method 3B is used to compute the percentages 
of excess air at the inlet and outlet of the wet scrubber.

[54 FR 6665, Feb. 14, 1989, as amended at 55 FR 5212, Feb. 14, 1990; 65 
FR 61753, Oct. 17, 2000]



 Subpart Ea_Standards of Performance for Municipal Waste Combustors for 
Which Construction is Commenced After December 20, 1989 and on or Before 
                           September 20, 1994

    Source: 56 FR 5507, Feb. 11, 1991, unless otherwise noted.



Sec. 60.50a  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a municipal waste combustor unit 
capacity greater than 225 megagrams per day (250 tons per day) of 
municipal solid waste for which construction, modification, or 
reconstruction is commenced as specified in paragraphs (a)(1) and (a)(2) 
of this section.
    (1) Construction is commenced after December 20, 1989 and on or 
before September 20, 1994.
    (2) Modification or reconstruction is commenced after December 20, 
1989 and on or before June 19, 1996.
    (b) [Reserved]
    (c) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:

[[Page 238]]

    (1) Notifies the Administrator of an exemption claim; and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (d) Any cofired combustor, as defined under Sec. 60.51a, located at 
a plant that meets the capacity specifications in paragraph (a) of this 
section is not subject to this subpart if the owner or operator of the 
cofired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (e) Any cofired combustor that is subject to a federally enforceable 
permit limiting the operation of the combustor to no more than 225 
megagrams per day (250 tons per day) of municipal solid waste is not 
subject to this subpart.
    (f) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction and do not result in an existing municipal waste 
combustor unit becoming subject to this subpart.
    (g) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the Administrator of an exemption claim and provides data 
documenting that the facility qualifies for this exemption.
    (h) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies the 
Administrator of an exemption claim and provides data documenting that 
the facility qualifies for this exemption.
    (i) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (j) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (k) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51a) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of: the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (l) The following authorities shall be retained by the Administrator 
and not transferred to a State:
    None.
    (m) This subpart shall become effective on August 12, 1991.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995]



Sec. 60.51a  Definitions.

    ASME means the American Society of Mechanical Engineers.
    Batch MWC means an MWC unit designed such that it cannot combust MSW 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in

[[Page 239]]

which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Chief facility operator means the person in direct charge and 
control of the operation of an MWC and who is responsible for daily on-
site supervision, technical direction, management, and overall 
performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (which includes but is not limited to railroad ties 
and telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring the emissions of a pollutant from an 
affected facility.
    Continuous monitoring system means the total equipment used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.
    Dioxin/furan means total tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Federally-enforceable means all limitations and conditions that are 
enforceable by the Administrator including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 40 CFR 51.24.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission rates when the affected facility is operating and 
combusting MSW measured over 4-hour periods of time from 12 midnight to 
4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12 noon, 12 noon to 4 p.m., 4 p.m. 
to 8 p.m., and 8 p.m. to 12 midnight.
    Large municipal waste combustor plant means a municipal waste 
combustor plant with a municipal waste combustor aggregate plant 
capacity for affected facilities that is greater than 225 megagrams per 
day (250 tons per day) of municipal solid waste.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary waterwall furnace.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec. 
60.53a.
    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec. 60.53a.

[[Page 240]]

    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made if the 
cumulative cost of the changes, over the life of the unit, exceed 50 
percent of the original cost of construction and installation of the 
unit (not including the cost of any land purchased in connection with 
such construction or installation) updated to current costs; or any 
physical change in the municipal waste combustor unit or change in the 
method of operation of the municipal waste combustor unit increases the 
amount of any air pollutant emitted by the unit for which standards have 
been established under section 129 or section 111. Increases in the 
amount of any air pollutant emitted by the municipal waste combustor 
unit are determined at 100-percent physical load capability and 
downstream of all air pollution control devices, with no consideration 
given for load restrictions based on permits or other nonphysical 
operational restrictions.
    Modular excess air MWC means a combustor that combusts MSW and that 
is not field-erected and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved air MWC means a combustor that combusts MSW and that 
is not field-erected and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or facilities. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes material 
discarded by schools, nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons and government 
facilities, and material discarded by other similar establishments or 
facilities. Household, commercial/retail, and institutional waste does 
not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which includes but is not limited to 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including motor 
vehicle parts or vehicle fluff). Household, commercial/retail, and 
institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec. 60.50a(c).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified MSW including, but not limited to, field-erected incinerators 
(with or without heat recovery), modular incinerators (starved-air or 
excess-air), boilers (i.e., steam-generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Municipal waste 
combustors do not include pyrolysis/combustion units located at 
plastics/ rubber recycling units (as specified in Sec. 60.50a(k) of 
this section). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of an MWC are defined as follows. The MWC unit 
includes, but is not limited to, the MSW fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
MWC boundary starts at the MSW pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber;
    (ii) The combustor bottom ash system, which ends at the truck 
loading

[[Page 241]]

station or similar ash handling equipment that transfer the ash to final 
disposal, including all ash handling systems that are connected to the 
bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The MWC unit does not include air pollution control equipment, 
the stack, water treatment equipment, or the turbine generator set.
    Municipal waste combustor plant means one or more MWC units at the 
same location for which construction, modification, or reconstruction is 
commenced after December 20, 1989 and on or before September 20, 1994.
    Municipal waste combustor plant capacity means the aggregate MWC 
unit capacity of all MWC units at an MWC plant for which construction, 
modification, or reconstruction of the units commenced after December 
20, 1989 and on or before September 20, 1994. Any MWC units for which 
construction, modification, or reconstruction is commenced on or before 
December 20, 1989 or after September 20, 1994 are not included for 
determining applicability under this subpart.
    Municipal waste combustor unit capacity means the maximum design 
charging rate of an MWC unit expressed in megagrams per day (tons per 
day) of MSW combusted, calculated according to the procedures under 
Sec. 60.58a(j). Municipal waste combustor unit capacity is calculated 
using a design heating value of 10,500 kilojoules per kilogram (4,500 
British thermal units per pound) for MSW. The calculational procedures 
under Sec. 60.58a(j) include procedures for determining MWC unit 
capacity for continuous and batch feed MWC's.
    Municipal waste combustor unit load means the steam load of the MWC 
unit measured as specified in Sec. 60.58a(h)(6).
    MWC acid gases means all acid gases emitted in the exhaust gases 
from MWC units including, but not limited to, sulfur dioxide and 
hydrogen chloride gases.
    MWC metals means metals and metal compounds emitted in the exhaust 
gases from MWC units.
    MWC organics means organic compounds emitted in the exhaust gases 
from MWC units and includes total tetra- through octa-chlorinated 
dibenzo-p-dioxins and dibenzofurans.
    Particulate matter means total particulate matter emitted from MWC 
units as measured by Method 5 (see Sec. 60.58a).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock and petroleum refinery feedstock produced 
by the plastics/rubber recycling unit on a calendar quarter basis shall 
be more than 70 percent of the combined weight of the plastics, rubber, 
and rubber tires processed by the plastics/rubber recycling unit on a 
calendar quarter basis. The plastics, rubber, and/or rubber tire feed 
materials to the plastics/rubber recycling unit may originate from the 
separation or diversion of plastics, rubber, or rubber tires from MSW or 
industrial solid waste, and may include manufacturing scraps, trimmings, 
and off-specification plastics, rubber, and rubber tire discards. The 
plastics, rubber, and rubber tire feed materials to the plastics/rubber 
recycling unit may contain incidental contaminants (e.g., paper labels 
on plastic bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission rate means the hydrogen 
chloride emission rate that would occur from combustion of MSW in the 
absence of any hydrogen chloride emissions control.
    Potential sulfur dioxide emission rate means the sulfur dioxide 
emission rate that would occur from combustion of MSW in the absence of 
any sulfur dioxide emissions control.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor or 
pulverized coal/RDF mixed fuel-fired combustor means a combustor that 
fires coal and RDF simultaneously, in which pulverized coal is 
introduced into an air stream that carries the coal to the combustion 
chamber of the unit where it is fired in suspension. This includes

[[Page 242]]

both conventional pulverized coal and micropulverized coal.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of MSW, and the gases, liquids, or solids 
produced are combusted and emissions vented to the atmosphere.
    Reconstruction means rebuilding an MWC unit for which the cumulative 
costs of the construction over the life of the unit exceed 50 percent of 
the original cost of construction and installation of the unit (not 
including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a waterwall) in the furnace (i.e., 
radiant heat transfer section) of the combustor.
    Refuse-derived fuel or RDF means a type of MSW produced by 
processing MSW through shredding and size classification.
    This includes all classes of RDF including low density fluff RDF 
through densified RDF and RDF fuel pellets.
    RDF stoker means a steam generating unit that combusts RDF in a 
semi-suspension firing mode using air-fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control, including properties that are separated 
only by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof, including any municipality or other 
governmental unit, or any quasigovernmental authority (e.g., a public 
utility district or regional waste disposal authority).
    Shift supervisor means the person in direct charge and control of 
the operation of an MWC and who is responsible for on-site supervision, 
technical direction, management, and overall performance of the facility 
during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
or spreader stoker coal/RDF mixed fuel-fired combustor means a combustor 
that fires coal and refuse-derived fuel simultaneously, in which coal is 
introduced to the combustion zone by a mechanism that throws the fuel 
onto a grate from above. Combustion takes place both in suspension and 
on the grate.
    Standard conditions means a temperature of 20 [deg]C (68 [deg]F) and 
a pressure of 101.3 kilopascals (29.92 inches of mercury).
    Twenty-four hour daily average or 24-hour daily average means the 
arithmetic or geometric mean (as specified in Sec. 60.58a (e), (g), or 
(h) as applicable) of all hourly emission rates when the affected 
facility is operating and firing MSW measured over a 24-hour period 
between 12 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation, and 
demolition wastes, which are exempt from the definition of MSW in this 
section. Yard waste does not include clean wood, which is exempt from 
the definition of MSW in this section.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995; 65 
FR 61753, Oct. 17, 2000]



Sec. 60.52a  Standard for municipal waste combustor metals.

    (a) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an

[[Page 243]]

affected facility located within a large MWC plant shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain particulate matter in excess of 34 milligrams per dry 
standard cubic meter (0.015 grains per dry standard cubic foot), 
corrected to 7 percent oxygen (dry basis).
    (b) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility subject to the particulate matter 
emission limit under paragraph (a) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that exhibit greater than 10 percent opacity (6-minute average).
    (c) [Reserved]



Sec. 60.53a  Standard for municipal waste combustor organics.

    (a) [Reserved]
    (b) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain dioxin/furan emissions that exceed 30 nanograms 
per dry standard cubic meter (12 grains per billion dry standard cubic 
feet), corrected to 7 percent oxygen (dry basis).



Sec. 60.54a  Standard for municipal waste combustor acid gases.

    (a)-(b) [Reserved]
    (c) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain sulfur dioxide in excess of 20 percent of the 
potential sulfur dioxide emission rate (80 percent reduction by weight 
or volume) or 30 parts per million by volume, corrected to 7 percent 
oxygen (dry basis), whichever is less stringent. The averaging time is 
specified in Sec. 60.58a(e).
    (d) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain hydrogen chloride in excess of 5 percent of the 
potential hydrogen chloride emission rate (95 percent reduction by 
weight or volume) or 25 parts per million by volume, corrected to 7 
percent oxygen (dry basis), whichever is less stringent.



Sec. 60.55a  Standard for nitrogen oxides.

    On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain nitrogen oxides in excess of 180 parts per 
million by volume, corrected to 7 percent oxygen (dry basis). The 
averaging time is specified under Sec. 60.58a(g).



Sec. 60.56a  Standards for municipal waste combustor operating practices.

    (a) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec. 60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause such facility to exceed the carbon monoxide standards shown in 
table 1.

                    Table 1--MWC Operating Standards
------------------------------------------------------------------------
                                                              Carbon
                                                             monoxide
                                                          emission limit
                     MWC technology                         (parts per
                                                            million by
                                                            volume) \1\
------------------------------------------------------------------------
Mass burn waterwall.....................................             100
Mass burn refractory....................................             100
Mass burn rotary waterwall..............................             100
Modular starved air.....................................              50
Modular excess air......................................              50
RDF stoker..............................................             150
Bubbling fluidized bed combustor........................             100
Circulating fluidized bed combustor.....................             100
Pulverized coal/RDF mixed fuel-fired combustor..........             150
Spreader stoker coal/RDF mixed fuel-fird combustor......             150
------------------------------------------------------------------------
\1\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen (dry basis).
  The averaging times are specified in Sec. 60.58a(h).


[[Page 244]]

    (b) No owner or operator of an affected facility located within a 
large MWC plant shall cause such facility to operate at a load level 
greater than 110 percent of the maximum demonstrated MWC unit load as 
defined in Sec. 60.51a. The averaging time is specified under Sec. 
60.58a(h).
    (c) No owner or operator of an affected facility located within a 
large MWC plant shall cause such facility to operate at a temperature, 
measured at the final particulate matter control device inlet, exceeding 
17 [deg]Centigrade (30 [deg]Fahrenheit) above the maximum demonstrated 
particulate matter control device temperature as defined in Sec. 
60.51a. The averaging time is specified under Sec. 60.58a(h).
    (d) Within 24 months from the date of start-up of an affected 
facility or before February 11, 1993, whichever is later, each chief 
facility operator and shift supervisor of an affected faciltiy located 
within a large MWC plant shall obtain and keep current either a 
provisional or operator certification in accordance with ASME QRO-1-1994 
(incorporated by reference, see Sec. 60.17) or an equivalent State-
approved certification program.
    (e) No owner or operator of an affected facility shall allow such 
affected facility located at a large MWC plant to operate at any time 
without a certified shift supervisor, as provided under paragraph (d) of 
this section, on duty at the affected facility. This requirement shall 
take effect 24 months after the date of start-up of the affected 
facility or on and after February 11, 1993, whichever is later.
    (f) The owner or operator of an affected facility located within a 
large MWC plant shall develop and update on a yearly basis a 
sitespecific operating manual that shall, at a minimum, address the 
following elements of MWC unit operation:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an MWC 
unit;
    (3) Procedures for receiving, handling, and feeding MSW;
    (4) MWC unit start-up, shutdown, and malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the MWC unit within the standards 
established under this subpart;
    (7) Procedures for responding to periodic upset or off-specification 
conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) [Reserved]
    (10) Procedures for handling ash;
    (11) Procedures for monitoring MWC unit emissions; and
    (12) Reporting and recordkeeping procedures.
    (g) The owner or operator of an affected facility located within a 
large MWC plant shall establish a program for reviewing the operating 
manual annually with each person who has responsibilities affecting the 
operation of an affected facility including, but not limited to, chief 
facility operators, shift supervisors, control room operators, ash 
handlers, maintenance personnel, and crane/load handlers.
    (h) The initial review of the operating manual, as specified under 
paragraph (g) of this section, shall be conducted prior to assumption of 
responsibilities affecting MWC unit operation by any person required to 
undergo training under paragraph (g) of this section. Subsequent reviews 
of the manual shall be carried out annually by each such person.
    (i) The operating manual shall be kept in a readily accessible 
location for all persons required to undergo training under paragraph 
(g) of this section. The operating manual and records of training shall 
be available for inspection by EPA or its delegated enforcement agent 
upon request.
    (j)-(k) [Reserved]

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65386, Dec. 19, 1995]



Sec. 60.57a  [Reserved]



Sec. 60.58a  Compliance and performance testing.

    (a) The standards under this subpart apply at all times, except 
during periods of start-up, shutdown, or malfunction; provided, however, 
that the duration of start-up, shutdown, or malfunction shall not exceed 
3 hours per occurrence.

[[Page 245]]

    (1) The start-up period commences when the affected facility begins 
the continuous burning of MSW and does not include any warm-up period 
when the affected facility is combusting only a fossil fuel or other 
non-MSW fuel and no MSW is being combusted.
    (2) Continuous burning is the continuous, semicontinuous, or batch 
feeding of MSW for purposes of waste disposal, energy production, or 
providing heat to the combustion system in preparation for waste 
disposal or energy production. The use of MSW solely to provide thermal 
protection of grate or hearth during the start-up period shall not be 
considered to be continuous burning.
    (b) The following procedures and test methods shall be used to 
determine compliance with the emission limits for particulate matter 
under Sec. 60.52a:
    (1) Method 1 shall be used to select sampling site and number of 
traverse points.
    (2) Method 3 shall be used for gas analysis.
    (3) Method 5 shall be used for determining compliance with the 
particulate matter emission limit. The minimum sample volume shall be 
1.7 cubic meters (60 cubic feet). The probe and filter holder heating 
systems in the sample train shall be set to provide a gas temperature of 
160[deg]14 [deg]Centigrade (320[deg]25 [deg]Fahrenheit). An oxygen or carbon dioxide 
measurement shall be obtained simultaneously with each Method 5 run.
    (4) For each Method 5 run, the emission rate shall be determined 
using:
    (i) Oxygen or carbon dioxide measurements,
    (ii) Dry basis F factor, and
    (iii) Dry basis emission rate calculation procedures in Method 19.
    (5) An owner or operator may request that compliance be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility shall be established during the initial 
compliance test.
    (6) The owner or operator of an affected facility shall conduct an 
initial compliance test for particulate matter and opacity as required 
under Sec. 60.8.
    (7) Method 9 shall be used for determining compliance with the 
opacity limit.
    (8) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous opacity monitoring system 
(COMS) and record the output of the system on a 6-minute average basis.
    (9) Following the date the initial compliance test for particulate 
matter is completed or is required to be completed under Sec. 60.8 for 
an affected facility located within a large MWC plant, the owner or 
operator shall conduct a performance test for particulate matter on an 
annual basis (no more than 12 calendar months following the previous 
compliance test).
    (10) [Reserved]
    (c) [Reserved]
    (d) The following procedures and test methods shall be used to 
determine compliance with the limits for dioxin/furan emissions under 
Sec. 60.53a:
    (1) Method 23 shall be used for determining compliance with the 
dioxin/furan emission limits. The minimum sample time shall be 4 hours 
per test run.
    (2) The owner or operator of an affected facility shall conduct an 
initial compliance test for dioxin/furan emissions as required under 
Sec. 60.8.
    (3) Following the date of the initial compliance test or the date on 
which the initial compliance test is required to be completed under 
Sec. 60.8, the owner or operator of an affected facility located within 
a large MWC plant shall conduct a performance test for dioxin/furan 
emissions on an annual basis (no more than 12 calendar months following 
the previous compliance test).
    (4) [Reserved]
    (5) An owner or operator may request that compliance with the 
dioxin/furan emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (e) The following procedures and test methods shall be used for 
determining compliance with the sulfur dioxide limit under Sec. 60.54a:

[[Page 246]]

    (1) Method 19, section 5.4, shall be used to determine the daily 
geometric average percent reduction in the potential sulfur dioxide 
emission rate.
    (2) Method 19, section 4.3, shall be used to determine the daily 
geometric average sulfur dioxide emission rate.
    (3) An owner or operator may request that compliance with the sulfur 
dioxide emissions limit be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established during the initial compliance test.
    (4) The owner or operator of an affected facility shall conduct an 
initial compliance test for sulfur dioxide as required under Sec. 60.8. 
Compliance with the sulfur dioxide emission limit and percent reduction 
is determined by using a CEMS to measure sulfur dioxide and calculating 
a 24-hour daily geometric mean emission rate and daily geometric mean 
percent reduction using Method 19 sections 4.3 and 5.4, as applicable, 
except as provided under paragraph (e)(5) of this section.
    (5) For batch MWC's or MWC units that do not operate continuously, 
compliance shall be determined using a daily geometric mean of all 
hourly average values for the hours during the day that the affected 
facility is combusting MSW.
    (6) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS for measuring sulfur dioxide 
emissions discharged to the atmosphere and record the output of the 
system.
    (7) Following the date of the initial compliance test or the date on 
which the initial compliance test is required to be completed under 
Sec. 60.8, compliance with the sulfur dioxide emission limit or percent 
reduction shall be determined based on the geometric mean of the hourly 
arithmetic average emission rates during each 24-hour daily period 
measured between 12:00 midnight and the following midnight using: CEMS 
inlet and outlet data, if compliance is based on a percent reduction; or 
CEMS outlet data only if compliance is based on an emission limit.
    (8) At a minimum, valid CEMS data shall be obtained for 75 percent 
of the hours per day for 75 percent of the days per month the affected 
facility is operated and combusting MSW.
    (9) The 1-hour arithmetic averages required under paragraph (e)(7) 
of this section shall be expressed in parts per million (dry basis) and 
used to calculate the 24-hour daily geometric mean emission rates. The 
1-hour arithmetic averages shall be calculated using the data points 
required under Sec. 60.13(e)(2). At least two data points shall be used 
to calculate each 1-hour arithmetic average.
    (10) All valid CEMS data shall be used in calculating emission rates 
and percent reductions even if the minimum CEMS data requirements of 
paragraph (e)(8) of this section are not met.
    (11) The procedures under Sec. 60.1 3 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (12) The CEMS shall be operated according to Performance 
Specifications 1, 2, and 3 (appendix B of part 60).
    (13) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 (appendix F of 
part 60).
    (14) The span value of the CEMS at the inlet to the sulfur dioxide 
control device is 125 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the MWC unit, and the span value of the CEMS 
at the outlet of the sulfur dioxide control device is 50 percent of the 
maximum estimated hourly potential sulfur dioxide emissions of the MWC 
unit.
    (15) When sulfur dioxide emissions data are not obtained because of 
CEMS breakdowns, repairs, calibration checks and zero and span 
adjustments, emissions data shall be obtained by using other monitoring 
systems as approved by the Administrator or Method 19 to provide as 
necessary valid emission data for a minimum of 75 percent of the hours 
per day for 75 percent of the days per month the unit is operated and 
combusting MSW.
    (16) Not operating a sorbent injection system for the sole purpose 
of testing in order to demonstrate compliance with the percent reduction 
standards for MWC acid gases shall not be considered a physical change 
in the method of operation under 40 CFR 52.21, or under

[[Page 247]]

regulations approved pursuant to 40 CFR 51.166 or 40 CFR 51.165 (a) and 
(b).
    (f) The following procedures and test methods shall be used for 
determining compliance with the hydrogen chloride limits under Sec. 
60.54a:
    (1) The percentage reduction in the potential hydrogen chloride 
emissions (%PHCl) is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TC16NO91.003

where:

Ei is the potential hydrogen chloride emission rate.
Eo is the hydrogen chloride emission rate measured at the 
outlet of the acid gas control device.

    (2) Method 26 or 26A shall be used for determining the hydrogen 
chloride emission rate. The minimum sampling time for Method 26 or 26A 
shall be 1 hour.
    (3) An owner or operator may request that compliance with the 
hydrogen chloride emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (4) The owner or operator of an affected facility shall conduct an 
initial compliance test for hydrogen chloride as required under Sec. 
60.8.
    (5) Following the date of the initial compliance test or the date on 
which the initial compliance test is required under Sec. 60.8, the 
owner or operator of an affected facility located within a large MWC 
plant shall conduct a performance test for hydrogen chloride on an 
annual basis (no more than 12 calendar months following the previous 
compliance test).
    (6) [Reserved]
    (7) Not operating a sorbent injection system for the sole purpose of 
testing in order to demonstrate compliance with the percent reduction 
standards for MWC acid gases shall not be considered a physical change 
in the method of operation under 40 CFR 52.21, or under regulations 
approved pursuant to 40 CFR 51.166 or 40 CFR 51.165 (a) and (b).
    (g) The following procedures and test methods shall be used to 
determine compliance with the nitrogen oxides limit under Sec. 60.55a:
    (1) Method 19, section 4.1, shall be used for determining the daily 
arithmetic average nitrogen oxides emission rate.
    (2) An owner or operator may request that compliance with the 
nitrogen oxides emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (3) The owner or operator of an affected facility subject to the 
nitrogen oxides limit under Sec. 60.55a shall conduct an initial 
compliance test for nitrogen oxides as required under Sec. 60.8. 
Compliance with the nitrogen oxides emission standard shall be 
determined by using a CEMS for measuring nitrogen oxides and calculating 
a 24-hour daily arithmetic average emission rate using Method 19, 
section 4.1, except as specified under paragraph (g)(4) of this section.
    (4) For batch MWC's or MWC's that do not operate continuously, 
compliance shall be determined using a daily arithmetic average of all 
hourly average values for the hours during the day that the affected 
facility is combusting MSW.
    (5) The owner or operator of an affected facility subject to the 
nitrogen oxides emissions limit under Sec. 60.55a shall install, 
calibrate, maintain, and operate a CEMS for measuring nitrogen oxides 
discharged to the atmosphere and record the output of the system.
    (6) Following the initial compliance test or the date on which the 
initial compliance test is required to be completed under Sec. 60.8, 
compliance with the emission limit for nitrogen oxides required under 
Sec. 60.55a shall be determined based on the arithmetic average of the 
arithmetic average hourly emission rates during each 24-hour daily 
period measured between 12:00 midnight and the following midnight using 
CEMS data.
    (7) At a minimum valid CEMS data shall be obtained for 75 percent of 
the

[[Page 248]]

hours per day for 75 percent of the days per month the affected facility 
is operated and combusting MSW.
    (8) The 1-hour arithmetic averages required by paragraph (g)(6) of 
this section shall be expressed in parts per million volume (dry basis) 
and used to calculate the 24-hour daily arithmetic average emission 
rates. The 1-hour arithmetic averages shall be calculated using the data 
points required under Sec. 60.13(b). At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (9) All valid CEMS data must be used in calculating emission rates 
even if the minimum CEMS data requirements of paragraph (g)(7) of this 
section are not met.
    (10) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (11) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 (appendix F of 
part 60).
    (12) When nitrogen oxides emissions data are not obtained because of 
CEMS breakdowns, repairs, calibration checks, and zero and span 
adjustments, emission data calculations to determine compliance shall be 
made using other monitoring systems as approved by the Administrator or 
Method 19 to provide as necessary valid emission data for a minimum of 
75 percent of the hours per day for 75 percent of the days per month the 
unit is operated and combusting MSW.
    (h) The following procedures shall be used for determining 
compliance with the operating standards under Sec. 60.56a:
    (1) Compliance with the carbon monoxide emission limits in Sec. 
60.56a(a) shall be determined using a 4-hour block arithmetic average 
for all types of affected facilities except mass burn rotary waterwall 
MWC's, RDF stokers, and spreader stoker/RDF mixed fuel-fired combustors.
    (2) For affected mass burn rotary waterwall MWC's, RDF stokers, and 
spreader stoker/RDF mixed fuel-fired combustors, compliance with the 
carbon monoxide emission limits in Sec. 60.56a(a) shall be determined 
using a 24-hour daily arithmetic average.
    (3) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS for measuring carbon monoxide at 
the combustor outlet and record the output of the system.
    (4) The 4-hour and 24-hour daily arithmetic averages in paragraphs 
(h) (1) and (2) of this section shall be calculated from 1-hour 
arithmetic averages expressed in parts per million by volume (dry 
basis). The 1-hour arithmetic averages shall be calculated using the 
data points generated by the CEMS. At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (5) An owner or operator may request that compliance with the carbon 
monoxide emission limit be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established during the initial compliance test.
    (6) The following procedures shall be used to determine compliance 
with load level requirements under Sec. 60.56a(b):
    (i) The owner or operator of an affected facility with steam 
generation capability shall install, calibrate, maintain, and operate a 
steam flow meter or a feedwater flow meter; measure steam or feedwater 
flow in kilograms per hour (pounds per hour) on a continuous basis; and 
record the output of the monitor. Steam or feedwater flow shall be 
calculated in 4-hour block arithmetic averages.
    (ii) The method included in ``American Society of Mechanical 
Engineers Power Test Codes: Test Code for Steam Generating Units, Power 
Test Code 4.1--1964'', Section 4 (incorporated by reference, see Sec. 
60.17) shall be used for calculating the steam (or feedwater flow) 
required under paragraph (h)(6)(i) of this section. The recommendations 
of ``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters, 6th 
edition (1971),'' chapter 4 (incorporated by reference, see Sec. 60.17) 
shall be followed for design, construction, installation, calibration, 
and use of nozzles and orifices except as specified in (h)(6)(iii) of 
this section.

[[Page 249]]

    (iii) Measurement devices such as flow nozzles and orifices are not 
required to be recalibrated after they are installed.
    (iv) All signal conversion elements associated with steam (or 
feedwater flow) measurements must be calibrated according to the 
manufacturer's instructions before each dioxin/furan compliance and 
performance test, and at least once per year.
    (v) The owner or operator of an affected facility without heat 
recovery shall:
    (A) [Reserved]
    (7) To determine compliance with the maximum particulate matter 
control device temperature requirements under Sec. 60.56a(c), the owner 
or operator of an affected facility shall install, calibrate, maintain, 
and operate a device for measuring temperature of the flue gas stream at 
the inlet to the final particulate matter control device on a continuous 
basis and record the output of the device. Temperature shall be 
calculated in 4-hour block arithmetic averages.
    (8) Maximum demonstrated MWC unit load shall be determined during 
the initial compliance test for dioxins/furans and each subsequent 
performance test during which compliance with the dioxin/furan emission 
limit under Sec. 60.53a is achieved. Maximum demonstrated MWC unit load 
shall be the maximum 4-hour arithmetic average load achieved during the 
most recent test during which compliance with the dioxin/furan limit was 
achieved.
    (9) The maximum demonstrated particulate matter control device 
temperature shall be determined during the initial compliance test for 
dioxins/furans and each subsequent performance test during which 
compliance with the dioxin/furan emission limit under Sec. 60.53a is 
achieved. Maximum demonstrated particulate matter control device 
temperature shall be the maximum 4-hour arithmetic average temperature 
achieved at the final particulate matter control device inlet during the 
most recent test during which compliance with the dioxin/furan limit was 
achieved.
    (10) At a minimum, valid CEMS data for carbon monoxide, steam or 
feedwater flow, and particulate matter control device inlet temperature 
shall be obtained 75 percent of the hours per day for 75 percent of the 
days per month the affected facility is operated and combusting MSW.
    (11) All valid data must be used in calculating the parameters 
specified under paragraph (h) of this section even if the minimum data 
requirements of paragraph (h)(10) of this section are not met.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests for carbon monoxide CEMS shall be performed in accordance with 
Procedure 1 (appendix F).
    (i) [Reserved]
    (j) The following procedures shall be used for calculating MWC unit 
capacity as defined under Sec. 60.51a:
    (1) For MWC units capable of combusting MSW continuously for a 24-
hour period, MWC unit capacity, in megagrams per day (tons per day) of 
MSW combusted, shall be calculated based on 24 hours of operation at the 
maximum design charging rate. The design heating values under paragraph 
(j)(4) of this section shall be used in calculating the design charging 
rate.
    (2) For batch MWC units, MWC unit capacity, in megagrams per day 
(tons per day) of MSW combusted, shall be calculated as the maximum 
design amount of MSW that can be charged per batch multiplied by the 
maximum number of batches that could be processed in a 24-hour period. 
The maximum number of batches that could be processed in a 24-hour 
period is calculated as 24 hours divided by the design number of hours 
required to process one batch of MSW, and may include fractional 
batches. \1\ The design heating values under paragraph (j)(4) of this 
section shall be used in calculating the MWC unit capacity in megagrams 
per day (tons per day) of MSW.
---------------------------------------------------------------------------

    \1\ For example, if one batch requires 16 hours, then 24/16, or 1.5 
batches, could be combusted in a 24-hour period.
---------------------------------------------------------------------------

    (3) [Reserved]
    (4) The MWC unit capacity shall be calculated using a design heating 
value of 10,500 kilojoules per kilogram (4,500

[[Page 250]]

British thermal units per pound) for all MSW.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 65 
FR 61753, Oct. 17, 2000]



Sec. 60.59a  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility located at an MWC 
plant with a capacity greater than 225 megagrams per day (250 tons per 
day) shall provide notification of intent to construct and of planned 
initial start-up date and the type(s) of fuels that they plan to combust 
in the affected facility. The MWC unit capacity and MWC plant capacity 
and supporting capacity calculations shall be provided at the time of 
the notification of construction.
    (b) The owner or operator of an affected facility located within a 
small or large MWC plant and subject to the standards under Sec. 
60.52a, Sec. 60.53a, Sec. 60.54a, Sec. 60.55a, Sec. 60.56a, or Sec. 
60.57a shall maintain records of the following information for each 
affected facility for a period of at least 2 years:
    (1) Calendar date.
    (2) The emission rates and parameters measured using CEMS as 
specified under (b)(2) (i) and (ii) of this section:
    (i) The following measurements shall be recorded in computer-
readable format and on paper:
    (A) All 6-minute average opacity levels required under Sec. 
60.58a(b).
    (B) All 1 hour average sulfur dioxide emission rates at the inlet 
and outlet of the acid gas control device if compliance is based on a 
percent reduction, or at the outlet only if compliance is based on the 
outlet emission limit, as specified under Sec. 60.58a(e).
    (C) All 1-hour average nitrogen oxides emission rates as specified 
under Sec. 60.58a(g).
    (D) All 1-hour average carbon monoxide emission rates, MWC unit load 
measurements, and particulate matter control device inlet temperatures 
as specified under Sec. 60.58a(h).
    (ii) The following average rates shall be computed and recorded:
    (A) All 24-hour daily geometric average percent reductions in sulfur 
dioxide emissions and all 24-hour daily geometric average sulfur dioxide 
emission rates as specified under Sec. 60.58a(e).
    (B) All 24-hour daily arithmetic average nitrogen oxides emission 
rates as specified under Sec. 60.58a(g).
    (C) All 4-hour block or 24-hour daily arithmetic average carbon 
monoxide emission rates, as applicable, as specified under Sec. 
60.58a(h).
    (D) All 4-hour block arithmetic average MWC unit load levels and 
particulate matter control device inlet temperatures as specified under 
Sec. 60.58a(h).
    (3) Identification of the operating days when any of the average 
emission rates, percent reductions, or operating parameters specified 
under paragraph (b)(2)(ii) of this section or the opacity level exceeded 
the applicable limits, with reasons for such exceedances as well as a 
description of corrective actions taken.
    (4) Identification of operating days for which the minimum number of 
hours of sulfur dioxide or nitrogen oxides emissions or operational data 
(carbon monoxide emissions, unit load, particulate matter control device 
temperature) have not been obtained, including reasons for not obtaining 
sufficient data and a description of corrective actions taken.
    (5) Identification of the times when sulfur dioxide or nitrogen 
oxides emission or operational data (carbon monoxide emissions, unit 
load, particulate matter control device temperature) have been excluded 
from the calculation of average emission rates or parameters and the 
reasons for excluding data.
    (6) The results of daily sulfur dioxide, nitrogen oxides, and carbon 
monoxide CEMS drift tests and accuracy assessments as required under 
appendix F, Procedure 1.
    (7) The results of all annual performance tests conducted to 
determine compliance with the particulate matter, dioxin/furan and 
hydrogen chloride limits. For all annual dioxin/furan tests, the maximum 
demonstrated MWC unit load and maximum demonstrated particulate matter 
control device temperature shall be recorded along with supporting 
calculations.
    (8)-(15) [Reserved]
    (c) Following the initial compliance test as required under 
Sec. Sec. 60.8 and 60.58a,

[[Page 251]]

the owner or operator of an affected facility located within a large MWC 
plant shall submit the initial compliance test data, the performance 
evaluation of the CEMS using the applicable performance specifications 
in appendix B, and the maximum demonstrated MWC unit load and maximum 
demonstrated particulate matter control device temperature established 
during the dioxin/furan compliance test.
    (d) [Reserved]
    (e)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit annual compliance reports for sulfur 
dioxide, nitrogen oxide (if applicable), carbon monoxide, load level, 
and particulate matter control device temperature to the Administrator 
containing the information recorded under paragraphs (b)(1), (2)(ii), 
(4), (5), and (6) of this section for each pollutant or parameter. The 
hourly average values recorded under paragraph (b)(2)(i) of this section 
are not required to be included in the annual reports. Combustors firing 
a mixture of medical waste and other MSW shall also provide the 
information under paragraph (b)(15) of this section, as applicable, in 
each annual report. The owner or operator of an affected facility must 
submit reports semiannually once the affected facility is subject to 
permitting requirements under Title V of the Act.
    (2) The owner or operator shall submit a semiannual report for any 
pollutant or parameter that does not comply with the pollutant or 
parameter limits specified in this subpart. Such report shall include 
the information recorded under paragraph (b)(3) of this section. For 
each of the dates reported, include the sulfur dioxide, nitrogen oxide, 
carbon monoxide, load level, and particulate matter control device 
temperature data, as applicable, recorded under paragraphs (b)(2)(ii)(A) 
through (D) of this section.
    (3) Reports shall be postmarked no later than the 30th day following 
the end of the annual or semiannual period, as applicable.
    (f)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit annual compliance reports, as applicable, 
for opacity. The annual report shall list the percent of the affected 
facility operating time for the reporting period that the opacity CEMS 
was operating and collecting valid data. Once the unit is subject to 
permitting requirements under Title V of the Act, the owner or operator 
of an affected facility must submit these reports semiannually.
    (2) The owner or operator shall submit a semiannual report for all 
periods when the 6-minute average levels exceeded the opacity limit 
under Sec. 60.52a. The semiannual report shall include all information 
recorded under paragraph (b)(3) of this section which pertains to 
opacity, and a listing of the 6-minute average opacity levels recorded 
under paragraph (b)(2)(i)(A) of this section, which exceeded the opacity 
limit.
    (3) Reports shall be postmarked no later than the 30th day following 
the end of the annual of semiannual period, as applicable.
    (g)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit reports to the Administrator of all 
annual performance tests for particulate matter, dioxin/furan, and 
hydrogen chloride as recorded under paragraph (b)(7) of this section, as 
applicable, from the affected facility. For each annual dioxin/furan 
compliance test, the maximum demonstrated MWC unit load and maximum 
demonstrated particulate matter control device temperature shall be 
reported. Such reports shall be submitted when available and in no case 
later than the date of required submittal of the annual report specified 
under paragraphs (e) and (f) of this section, or within six months of 
the date the test was conducted, whichever is earlier.
    (2) The owner or operator shall submit a report of test results 
which document any particulate matter, dioxin/furan, and hydrogen 
chloride levels that were above the applicable pollutant limit. The 
report shall include a copy of the test report documenting the emission 
levels and shall include the corrective action taken. Such reports shall 
be submitted when available and in no case later than the date required 
for submittal of any semiannual report required in paragraphs (e) or (f) 
of this section, or within six months of the date the test was 
conducted, whichever is earlier.

[[Page 252]]

    (h) [Reserved]
    (i) Records of CEMS data for opacity, sulfur dioxide, nitrogen 
oxides, and carbon monoxide, load level data, and particulate matter 
control device temperature data shall be maintained for at least 2 years 
after date of recordation and be made available for inspection upon 
request.
    (j) Records showing the names of persons who have completed review 
of the operating manual, including the date of the initial review and 
all subsequent annual reviews, shall be maintained for at least 2 years 
after date of review and be made available for inspection upon request.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 64 
FR 7465, Feb. 12, 1999]



Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996

    Source: 60 FR 65419, Dec. 19, 1995, unless otherwise noted.



Sec. 60.50b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction, 
modification, or reconstruction is commenced after September 20, 1994.
    (b) Any waste combustion unit that is capable of combusting more 
than 250 tons per day of municipal solid waste and is subject to a 
federally enforceable permit limiting the maximum amount of municipal 
solid waste that may be combusted in the unit to less than or equal to 
11 tons per day is not subject to this subpart if the owner or operator:
    (1) Notifies EPA of an exemption claim;
    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day; and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) An affected facility to which this subpart applies is not 
subject to subpart E or Ea of this part.
    (d) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction and do not result in an existing municipal waste 
combustor unit becoming subject to this subpart.
    (e) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies EPA of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (f) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies EPA of 
this exemption and provides data documenting that the facility qualifies 
for this exemption.
    (g) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies EPA of an exemption claim; and
    (2) [Reserved]
    (3) Provides data documenting that the unit qualifies for this 
exemption.
    (h) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.

[[Page 253]]

    (i) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (j) Any cofired combustor, as defined under Sec. 60.51b, that meets 
the capacity specifications in paragraph (a) of this section is not 
subject to this subpart if the owner or operator of the cofired 
combustor:
    (1) Notifies EPA of an exemption claim;
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (k) Air curtain incinerators, as defined under Sec. 60.51b, located 
at a plant that meet the capacity specifications in paragraph (a) of 
this section and that combust a fuel stream composed of 100 percent yard 
waste are exempt from all provisions of this subpart except the opacity 
limit under Sec. 60.56b, the testing procedures under Sec. 60.58b(l), 
and the reporting and recordkeeping provisions under Sec. 60.59b (e) 
and (i).
    (l) Air curtain incinerators located at plants that meet the 
capacity specifications in paragraph (a) of this section combusting 
municipal solid waste other than yard waste are subject to all 
provisions of this subpart.
    (m) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (n) The following authorities are retained by the Administrator of 
the U.S. EPA and are not transferred to a State:
    (1) Approval of exemption claims in paragraphs (b), (e), (f), (g) 
and (j) of this section;
    (2) Enforceability under Federal law of all Federally enforceable, 
as defined in Sec. 60.51b, limitations and conditions;
    (3) Determination of compliance with the siting requirements as 
specified in Sec. 60.57b(a);
    (4) Acceptance of relationship between carbon monoxide and oxygen as 
part of initial and annual performance tests as specified in Sec. 
60.58b(b)(7);
    (5) Approval of other monitoring systems used to obtain emissions 
data when data is not obtained by CEMS as specified in Sec. 
60.58b(e)(14), (h)(12), (i)(11), and (n)(14), and (p)(11);
    (6) Approval of a site-specific monitoring plan for the continuous 
emission monitoring system specified in ``60.58b(n)(13) and (o) of this 
section or the continuous automated sampling system specified in Sec. 
60.58b(p)(10) and (q) of this section;
    (7) Approval of major alternatives to test methods;
    (8) Approval of major alternatives to monitoring;
    (9) Waiver of recordkeeping; and
    (10) Performance test and data reduction waivers under ``608(b).
    (o) This subpart shall become effective June 19, 1996.
    (p) Cement kilns firing municipal solid waste are not subject to 
this subpart.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 71 FR 27335, May 10, 2006]



Sec. 60.51b  Definitions.

    Administrator means:
    (1) For approved and effective State Section 111(d)/129 plans, the 
Director of the State air pollution control agency, or employee of the 
State air pollution control agency that is delegated the authority to 
perform the specified task;
    (2) For Federal Section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director

[[Page 254]]

of the State air pollution control agency, or employee of the State air 
pollution control agency to whom the authority has been delegated by the 
Administrator of the EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which burning occurs. Incinerators of this type can be constructed above 
or below ground and with or without refractory walls and floor.
    Batch municipal waste combustor means a municipal waste combustor 
unit designed so that it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in 
which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Calendar year means the period including 365 days starting January 1 
and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for daily onsite supervision, technical direction, 
management, and overall performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (including but not limited to railroad ties and 
telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single or multiple integrated sample(s) of the pollutant (or diluent 
gas) for subsequent on-or off-site analysis; integrated sample(s) 
collected are representative of the emissions for the sample time as 
specified by the applicable requirement.
    Continuous emission monitoring system means a monitoring system for 
continuously measuring the emissions of a pollutant from an affected 
facility.
    Dioxin/furan means tetra- through octa- chlorinated dibenzo-p-
dioxins and dibenzofurans.
    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Federally enforceable means all limitations and conditions that are 
enforceable by EPA including the requirements of 40 CFR part 60, 40 CFR 
part 61, and 40 CFR part 63, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    First calendar half means the period starting on January 1 and 
ending on June 30 in any year.
    Four-hour block average or 4-hour block average means the average of 
all

[[Page 255]]

hourly emission concentrations when the affected facility is operating 
and combusting municipal solid waste measured over 4-hour periods of 
time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12:00 
noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m., and 8 p.m. to 12:00 
midnight.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary waterwall furnace or on a tumbling-tile grate.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Materials separation plan means a plan that identifies both a goal 
and an approach to separate certain components of municipal solid waste 
for a given service area in order to make the separated materials 
available for recycling. A materials separation plan may include 
elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems. A materials separation plan may include different 
goals or approaches for different subareas in the service area, and may 
include no materials separation activities for certain subareas or, if 
warranted, an entire service area.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec. 
60.52b(c).
    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec. 60.52b(c).
    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made after 
June 19, 1996 if the cumulative cost of the changes, over the life of 
the unit, exceed 50 percent of the original cost of construction and 
installation of the unit (not including the cost of any land purchased 
in connection with such construction or installation) updated to current 
costs; or any physical change in the municipal waste combustor unit or 
change in the method of operation of the municipal waste combustor unit 
increases the amount of any air pollutant emitted by the unit for which 
standards have been established under section 129 or section 111. 
Increases in the amount of any air pollutant emitted by the municipal 
waste combustor unit are determined at 100-percent physical load 
capability and downstream of all air pollution control devices, with no 
consideration given for load restrictions based on permits or other 
nonphysical operational restrictions.
    Modular excess-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers, all of which are designed to operate at 
conditions with combustion air amounts in excess of theoretical air 
requirements.
    Modular starved-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers in which the primary combustion chamber is 
designed to operate at substoichiometric conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or

[[Page 256]]

facilities. Commercial/retail waste includes material discarded by 
stores, offices, restaurants, warehouses, nonmanufacturing activities at 
industrial facilities, and other similar establishments or facilities. 
Institutional waste includes material discarded by schools, nonmedical 
waste discarded by hospitals, material discarded by nonmanufacturing 
activities at prisons and government facilities, and material discarded 
by other similar establishments or facilities. Household, commercial/
retail, and institutional waste does not include used oil; sewage 
sludge; wood pallets; construction, renovation, and demolition wastes 
(which includes but is not limited to railroad ties and telephone 
poles); clean wood; industrial process or manufacturing wastes; medical 
waste; or motor vehicles (including motor vehicle parts or vehicle 
fluff). Household, commercial/retail, and institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec. 60.50b(g).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified municipal solid waste including, but not limited to, field-
erected incinerators (with or without heat recovery), modular 
incinerators (starved-air or excess-air), boilers (i.e., steam 
generating units), furnaces (whether suspension-fired, grate-fired, 
mass-fired, air curtain incinerators, or fluidized bed-fired), and 
pyrolysis/combustion units. Municipal waste combustors do not include 
pyrolysis/combustion units located at a plastics/rubber recycling unit 
(as specified in Sec. 60.50b(m)). Municipal waste combustors do not 
include cement kilns firing municipal solid waste (as specified in Sec. 
60.50b(p)). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of a municipal solid waste combustor are defined 
as follows. The municipal waste combustor unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
municipal waste combustor boundary starts at the municipal solid waste 
pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber,
    (ii) The combustor bottom ash system, which ends at the truck 
loading station or similar ash handling equipment that transfer the ash 
to final disposal, including all ash handling systems that are connected 
to the bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The municipal waste combustor unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set.
    Municipal waste combustor acid gases means all acid gases emitted in 
the exhaust gases from municipal waste combustor units including, but 
not limited to, sulfur dioxide and hydrogen chloride gases.
    Municipal waste combustor metals means metals and metal compounds 
emitted in the exhaust gases from municipal waste combustor units.
    Municipal waste combustor organics means organic compounds emitted 
in the exhaust gases from municipal waste combustor units and includes 
tetra-through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec. 60.50b) at the same location.
    Municipal waste combustor unit capacity means the maximum charging 
rate of a municipal waste combustor unit expressed in tons per day of 
municipal solid waste combusted, calculated according to the procedures 
under Sec. 60.58b(j). Section 60.58b(j) includes procedures for 
determining municipal waste combustor unit capacity for continuous and 
batch feed municipal waste combustors.

[[Page 257]]

    Municipal waste combustor unit load means the steam load of the 
municipal waste combustor unit measured as specified in Sec. 
60.58b(i)(6).
    Particulate matter means total particulate matter emitted from 
municipal waste combustor units as measured by EPA Reference Method 5 
(see Sec. 60.58b(c)).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock and petroleum refinery feedstock produced 
by the plastics/rubber recycling unit on a calendar quarter basis shall 
be more than 70 percent of the combined weight of the plastics, rubber, 
and rubber tires processed by the plastics/rubber recycling unit on a 
calendar quarter basis. The plastics, rubber, and/or rubber tire feed 
materials to the plastics/rubber recycling unit may originate from the 
separation or diversion of plastics, rubber, or rubber tires from MSW or 
industrial solid waste, and may include manufacturing scraps, trimmings, 
and off-specification plastics, rubber, and rubber tire discards. The 
plastics, rubber, and rubber tire feed materials to the plastics/rubber 
recycling unit may contain incidental contaminants (e.g., paper labels 
on plastic bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission concentration means the 
hydrogen chloride emission concentration that would occur from 
combustion of municipal solid waste in the absence of any emission 
controls for municipal waste combustor acid gases.
    Potential mercury emission concentration means the mercury emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any mercury emissions control.
    Potential sulfur dioxide emissions means the sulfur dioxide emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any emission controls for municipal waste combustor 
acid gases.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor means 
a combustor that fires coal and refuse-derived fuel simultaneously, in 
which pulverized coal is introduced into an air stream that carries the 
coal to the combustion chamber of the unit where it is fired in 
suspension. This includes both conventional pulverized coal and 
micropulverized coal.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of municipal solid waste, and the gases, 
liquids, or solids produced are combusted and emissions vented to the 
atmosphere.
    Reconstruction means rebuilding a municipal waste combustor unit for 
which the reconstruction commenced after June 19, 1996, and the 
cumulative costs of the construction over the life of the unit exceed 50 
percent of the original cost of construction and installation of the 
unit (not including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a waterwall) in the furnace (i.e., 
radiant heat transfer section) of the combustor.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including low-density fluff refuse-derived fuel through densified 
refuse-derived fuel and pelletized refuse-derived fuel.
    Refuse-derived fuel stoker means a steam generating unit that 
combusts refuse-derived fuel in a semisuspension firing mode using air-
fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control including properties that are separated only 
by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same

[[Page 258]]

entity, parent entity, subsidiary, subdivision, or any combination 
thereof including any municipality or other governmental unit, or any 
quasi-governmental authority (e.g., a public utility district or 
regional waste disposal authority).
    Second calendar half means the period starting July 1 and ending on 
December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the facility during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
means a combustor that fires coal and refuse-derived fuel 
simultaneously, in which coal is introduced to the combustion zone by a 
mechanism that throws the fuel onto a grate from above. Combustion takes 
place both in suspension and on the grate.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Total mass dioxin/furan or total mass means the total mass of tetra- 
through octa- chlorinated dibenzo-p-dioxins and dibenzofurans, as 
determined using EPA Reference Method 23 and the procedures specified 
under Sec. 60.58b(g).
    Tumbling-tile means a grate tile hinged at one end and attached to a 
ram at the other end. When the ram extends, the grate tile rotates 
around the hinged end.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the affected facility is operating and 
combusting municipal solid waste measured over a 24-hour period between 
12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation, and 
demolition wastes, which are exempt from the definition of municipal 
solid waste in this section. Yard waste does not include clean wood, 
which is exempt from the definition of municipal solid waste in this 
section.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 66 FR 36476, July 12, 2001; 71 FR 27335, May 10, 2006]



Sec. 60.52b  Standards for municipal waste combustor metals, acid gases,
organics, and nitrogen oxides.

    (a) The limits for municipal waste combustor metals are specified in 
paragraphs (a)(1) through (a)(5) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain particulate matter in excess of the limits specified 
in paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 24 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 20 milligrams per dry standard cubic meter, corrected to 7 
percent oxygen.
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no

[[Page 259]]

owner or operator of an affected facility shall cause to be discharged 
into the atmosphere from that affected facility any gases that exhibit 
greater than 10 percent opacity (6-minute average).
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain cadmium in excess of the limits specified in 
paragraph (a)(3)(i) or (a)(3)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 20 micrograms per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 10 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from the affected facility any 
gases that contain lead in excess of the limits specified in paragraph 
(a)(4)(i) or (a)(4)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 200 micrograms per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 140 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (5) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from the affected facility any 
gases that contain mercury in excess of the limits specified in 
paragraph (a)(5)(i) or (a)(5)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994 and on or 
before December 19, 2005, the emission limit is 80 micrograms per dry 
standard cubic meter or 15 percent of the potential mercury emission 
concentration (85-percent reduction by weight), corrected to 7 percent 
oxygen, whichever is less stringent.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 50 micrograms per dry standard cubic meter, or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent.
    (b) The limits for municipal waste combustor acid gases are 
specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain sulfur dioxide in excess of 30 parts per million by 
volume or 20 percent of the potential sulfur dioxide emission 
concentration (80-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. The averaging 
time is specified under Sec. 60.58b(e).
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain hydrogen chloride in excess of 25 parts per million 
by volume or 5 percent of the potential hydrogen chloride emission 
concentration (95-percent reduction by

[[Page 260]]

weight or volume), corrected to 7 percent oxygen (dry basis), whichever 
is less stringent.
    (c) The limits for municipal waste combustor organics are specified 
in paragraphs (c)(1) and (c)(2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification or reconstruction commences on or before 
November 20, 1997 shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain dioxin/furan emissions 
that exceed 30 nanograms per dry standard cubic meter (total mass), 
corrected to 7 percent oxygen, for the first 3 years following the date 
of initial startup. After the first 3 years following the date of 
initial startup, no owner or operator shall cause to be discharged into 
the atmosphere from that affected facility any gases that contain 
dioxin/furan total mass emissions that exceed 13 nanograms per dry 
standard cubic meter (total mass), corrected to 7 percent oxygen.
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification, or reconstruction commences after November 
20, 1997 shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain dioxin/furan total mass 
emissions that exceed 13 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (d) The limits for nitrogen oxides are specified in paragraphs 
(d)(1) and (d)(2) of this section.
    (1) During the first year of operation after the date on which the 
initial performance test is completed or is required to be completed 
under Sec. 60.8 of subpart A of this part, no owner or operator of an 
affected facility shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain nitrogen oxides in excess 
of 180 parts per million by volume, corrected to 7 percent oxygen (dry 
basis). The averaging time is specified under Sec. 60.58b(h).
    (2) After the first year of operation following the date on which 
the initial performance test is completed or is required to be completed 
under Sec. 60.8 of subpart A of this part, no owner or operator of an 
affected facility shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain nitrogen oxides in excess 
of 150 parts per million by volume, corrected to 7 percent oxygen (dry 
basis). The averaging time is specified under Sec. 60.58b(h).

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 71 FR 27336, May 10, 2006]



Sec. 60.53b  Standards for municipal waste combustor operating practices.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain carbon monoxide in excess of the emission limits 
specified in table 1 of this subpart.

         Table 1--Municipal Waste Combustor Operating Standards
------------------------------------------------------------------------
                                       Carbon monoxide
                                       emission limit
Municipal waste combustor technology     (parts per      Averaging time
                                         million by        (hours) \b\
                                         volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.................               100                 4
Mass burn refractory................               100                 4
Mass burn rotary waterwall..........               100                24
Modular starved air.................                50                 4
Modular excess air..................                50                 4
Refuse-derived fuel stoker..........               150                24
Bubbling fluidized bed combustor....               100                 4

[[Page 261]]

 
Circulating fluidized bed combustor.               100                 4
Pulverized coal/refuse-derived fuel                150                 4
 mixed fuel-fired combustor.........
Spreader stoker coal/refuse-derived                150                24
 fuel mixed fuel-fired combustor....
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen (dry basis).
  The averaging times are specified in greater detail in Sec.
  60.58b(i).
\b\ Averaging times are 4-hour or 24-hour block averages.

    (b) No owner or operator of an affected facility shall cause such 
facility to operate at a load level greater than 110 percent of the 
maximum demonstrated municipal waste combustor unit load as defined in 
Sec. 60.51b, except as specified in paragraphs (b)(1) and (b)(2) of 
this section. The averaging time is specified under Sec. 60.58b(i).
    (1) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no municipal waste combustor unit load limit is applicable if the 
provisions of paragraph (b)(2) of this section are met.
    (2) The municipal waste combustor unit load limit may be waived in 
writing by the Administrator for the purpose of evaluating system 
performance, testing new technology or control technologies, diagnostic 
testing, or related activities for the purpose of improving facility 
performance or advancing the state-of-the-art for controlling facility 
emissions. The municipal waste combustor unit load limit continues to 
apply, and remains enforceable, until and unless the Administrator 
grants the waiver.
    (c) No owner or operator of an affected facility shall cause such 
facility to operate at a temperature, measured at the particulate matter 
control device inlet, exceeding 17 [deg]C above the maximum demonstrated 
particulate matter control device temperature as defined in Sec. 
60.51b, except as specified in paragraphs (c)(1) and (c)(2) of this 
section. The averaging time is specified under Sec. 60.58b(i). The 
requirements specified in this paragraph apply to each particulate 
matter control device utilized at the affected facility.
    (1) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no particulate matter control device temperature limitations are 
applicable if the provisions of paragraph (b)(2) of this section are 
met.
    (2) The particulate matter control device temperature limits may be 
waived in writing by the Administrator for the purpose of evaluating 
system performance, testing new technology or control technologies, 
diagnostic testing, or related activities for the purpose of improving 
facility performance or advancing the state-of-the-art for controlling 
facility emissions. The temperature limits continue to apply, and remain 
enforceable, until and unless the Administrator grants the waiver.
    (d) Paragraph (m)(2) of Sec. 60.58b addresses treatment of 
activated carbon injection rate during dioxin/furan or mercury testing.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27336, May 10, 2006]



Sec. 60.54b  Standards for municipal waste combustor operator training 
and certification.

    (a) No later than the date 6 months after the date of startup of an 
affected facility or on December 19, 1996, whichever is later, each 
chief facility operator and shift supervisor shall obtain and maintain a 
current provisional operator certification from either the American 
Society of Mechanical Engineers [QRO-1-1994 (incorporated by reference--
see Sec. 60.17 of subpart A of this part)] or a State certification 
program.
    (b) Not later than the date 6 months after the date of startup of an 
affected facility or on December 19, 1996, whichever is later, each 
chief facility operator and shift supervisor shall have

[[Page 262]]

completed full certification or shall have scheduled a full 
certification exam with either the American Society of Mechanical 
Engineers [QRO-1-1994 (incorporated by reference--see Sec. 60.17 of 
subpart A of this part)] or a State certification program.
    (c) No owner or operator of an affected facility shall allow the 
facility to be operated at any time unless one of the following persons 
is on duty and at the affected facility: A fully certified chief 
facility operator, a provisionally certified chief facility operator who 
is scheduled to take the full certification exam according to the 
schedule specified in paragraph (b) of this section, a fully certified 
shift supervisor, or a provisionally certified shift supervisor who is 
scheduled to take the full certification exam according to the schedule 
specified in paragraph (b) of this section.
    (1) The requirement specified in paragraph (c) of this section shall 
take effect 6 months after the date of startup of the affected facility 
or on December 19, 1996, whichever is later.
    (2) If both the certified chief facility operator and certified 
shift supervisor are unavailable, a provisionally certified control room 
operator on site at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor are 
away, the owner or operator of the affected facility must meet one of 
three criteria:
    (i) When the certified chief facility operator and certified shift 
supervisor are both off site for 12 hours or less, and no other 
certified operator is on site, the provisionally certified control room 
operator may perform the duties of the certified chief facility operator 
or certified shift supervisor.
    (ii) When the certified chief facility operator and certified shift 
supervisor are off site for more than 12 hours, but for two weeks or 
less, and no other certified operator is on site, the provisionally 
certified control room operator may perform the duties of the certified 
chief facility operator or certified shift supervisor without notice to, 
or approval by, the Administrator. However, the owner or operator of the 
affected facility must record the period when the certified chief 
facility operator and certified shift supervisor are off site and 
include that information in the annual report as specified under Sec. 
60.59b(g)(5).
    (iii) When the certified chief facility operator and certified shift 
supervisor are off site for more than two weeks, and no other certified 
operator is on site, the provisionally certified control room operator 
may perform the duties of the certified chief facility operator or 
certified shift supervisor without approval by the Administrator. 
However, the owner or operator of the affected facility must take two 
actions:
    (A) Notify the Administrator in writing. In the notice, state what 
caused the absence and what actions are being taken by the owner or 
operator of the facility to ensure that a certified chief facility 
operator or certified shift supervisor is on site as expeditiously as 
practicable.
    (B) Submit a status report and corrective action summary to the 
Administrator every four weeks following the initial notification. If 
the Administrator provides notice that the status report or corrective 
action summary is disapproved, the municipal waste combustion unit may 
continue operation for 90 days, but then must cease operation. If 
corrective actions are taken in the 90-day period such that the 
Administrator withdraws the disapproval, municipal waste combustion unit 
operation may continue.
    (3) A provisionally certified operator who is newly promoted or 
recently transferred to a shift supervisor position or a chief facility 
operator position at the municipal waste combustion unit may perform the 
duties of the certified chief facility operator or certified shift 
supervisor without notice to, or approval by, the Administrator for up 
to six months before taking the ASME QRO certification exam.
    (d) All chief facility operators, shift supervisors, and control 
room operators at affected facilities must complete the EPA or State 
municipal waste combustor operator training course no later than the 
date 6 months after the date of startup of the affected facility or by 
December 19, 1996, whichever is later.

[[Page 263]]

    (e) The owner or operator of an affected facility shall develop and 
update on a yearly basis a site-specific operating manual that shall, at 
a minimum, address the elements of municipal waste combustor unit 
operation specified in paragraphs (e)(1) through (e)(11) of this 
section.
    (1) A summary of the applicable standards under this subpart;
    (2) A description of basic combustion theory applicable to a 
municipal waste combustor unit;
    (3) Procedures for receiving, handling, and feeding municipal solid 
waste;
    (4) Municipal waste combustor unit startup, shutdown, and 
malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the municipal waste combustor unit 
within the standards established under this subpart;
    (7) Procedures for responding to periodic upset or off-specification 
conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) Procedures for handling ash;
    (10) Procedures for monitoring municipal waste combustor unit 
emissions; and
    (11) Reporting and recordkeeping procedures.
    (f) The owner or operator of an affected facility shall establish a 
training program to review the operating manual according to the 
schedule specified in paragraphs (f)(1) and (f)(2) of this section with 
each person who has responsibilities affecting the operation of an 
affected facility including, but not limited to, chief facility 
operators, shift supervisors, control room operators, ash handlers, 
maintenance personnel, and crane/load handlers.
    (1) Each person specified in paragraph (f) of this section shall 
undergo initial training no later than the date specified in paragraph 
(f)(1)(i), (f)(1)(ii), or (f)(1)(iii) of this section whichever is 
later.
    (i) The date 6 months after the date of startup of the affected 
facility;
    (ii) The date prior to the day the person assumes responsibilities 
affecting municipal waste combustor unit operation; or
    (iii) December 19, 1996.
    (2) Annually, following the initial review required by paragraph 
(f)(1) of this section.
    (g) The operating manual required by paragraph (e) of this section 
shall be kept in a readily accessible location for all persons required 
to undergo training under paragraph (f) of this section. The operating 
manual and records of training shall be available for inspection by the 
EPA or its delegated enforcement agency upon request.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27337, May 10, 2006]



Sec. 60.55b  Standards for municipal waste combustor fugitive 
ash emissions.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged to the atmosphere visible emissions of combustion ash 
from an ash conveying system (including conveyor transfer points) in 
excess of 5 percent of the observation period (i.e., 9 minutes per 3-
hour period), as determined by EPA Reference Method 22 observations as 
specified in Sec. 60.58b(k), except as provided in paragraphs (b) and 
(c) of this section.
    (b) The emission limit specified in paragraph (a) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit 
specified in paragraph (a) of this section does cover visible emissions 
discharged to the atmosphere from buildings or enclosures of ash 
conveying systems.
    (c) The provisions specified in paragraph (a) of this section do not 
apply during maintenance and repair of ash conveying systems.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997]



Sec. 60.56b  Standards for air curtain incinerators.

    On and after the date on which the initial performance test is 
completed

[[Page 264]]

or is required to be completed under Sec. 60.8 of subpart A of this 
part, the owner or operator of an air curtain incinerator with the 
capacity to combust greater than 250 tons per day of municipal solid 
waste and that combusts a fuel feed stream composed of 100 percent yard 
waste and no other municipal solid waste materials shall at no time 
cause to be discharged into the atmosphere from that incinerator any 
gases that exhibit greater than 10-percent opacity (6-minute average), 
except that an opacity level of up to 35 percent (6-minute average) is 
permitted during startup periods during the first 30 minutes of 
operation of the unit.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997]



Sec. 60.57b  Siting requirements.

    (a) The owner or operator of an affected facility shall prepare a 
materials separation plan, as defined in Sec. 60.51b, for the affected 
facility and its service area, and shall comply with the requirements 
specified in paragraphs (a)(1) through (a)(10) of this section. The 
initial application is defined as representing a good faith submittal as 
determined by EPA.
    (1) The owner or operator shall prepare a preliminary draft 
materials separation plan and shall make the plan available to the 
public as specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this 
section.
    (i) The owner or operator shall distribute the preliminary draft 
materials separation plan to the principal public libraries in the area 
where the affected facility is to be constructed.
    (ii) The owner or operator shall publish a notification of a public 
meeting in the principal newspaper(s) serving the area where the 
affected facility is to be constructed and where the waste treated by 
the affected facility will primarily be collected. As a minimum, the 
notification shall include the information specified in paragraphs 
(a)(1)(ii)(A) through (a)(1)(ii)(D) of this section.
    (A) The date, time, and location of the public meeting.
    (B) The location of the public libraries where the preliminary draft 
materials separation plan may be found, including normal business hours 
of the libraries.
    (C) An agenda of the issues to be discussed at the public meeting.
    (D) The dates that the public comment period on the preliminary 
draft materials separation plan begins and ends.
    (2) The owner or operator shall conduct a public meeting, accept 
comments on the preliminary draft materials separation plan, and comply 
with the requirements specified in paragraphs (a)(2)(i) through 
(a)(2)(iv) of this section.
    (i) The public meeting shall be conducted in the county where the 
affected facility is to be located.
    (ii) The public meeting shall be scheduled to occur 30 days or more 
after making the preliminary draft materials separation plan available 
to the public as specified under paragraph (a)(1) of this section.
    (iii) Suggested issues to be addressed at the public meeting are 
listed in paragraphs (a)(2)(iii)(A) through (a)(2)(iii)(H) of this 
section.
    (A) The expected size of the service area for the affected facility.
    (B) The amount of waste generation anticipated for the service area.
    (C) The types and estimated amounts of materials proposed for 
separation.
    (D) The methods proposed for materials separation.
    (E) The amount of residual waste to be disposed.
    (F) Alternate disposal methods for handling the residual waste.
    (G) Identification of the location(s) where responses to public 
comment on the preliminary draft materials separation plan will be 
available for inspection, as specified in paragraphs (a)(3) and (a)(4) 
of this section.
    (H) Identification of the locations where the final draft materials 
separation plan will be available for inspection, as specified in 
paragraph (a)(7).
    (iv) Nothing in this section shall preclude an owner or operator 
from combining this public meeting with any other public meeting 
required as part of any other Federal, State, or local permit review 
process except the public meeting required under paragraph (b)(4) of 
this section.

[[Page 265]]

    (3) Following the public meeting required by paragraph (a)(2) of 
this section, the owner or operator shall prepare responses to the 
comments received at the public meeting.
    (4) The owner or operator shall make the document summarizing 
responses to public comments available to the public (including 
distribution to the principal public libraries used to announce the 
meeting) in the service area where the affected facility is to be 
located.
    (5) The owner or operator shall prepare a final draft materials 
separation plan for the affected facility considering the public 
comments received at the public meeting.
    (6) As required under Sec. 60.59b(a), the owner or operator shall 
submit to EPA a copy of the notification of the public meeting, a 
transcript of the public meeting, the document summarizing responses to 
public comments, and copies of both the preliminary and final draft 
materials separation plans on or before the time the facility's 
application for a construction permit is submitted under 40 CFR part 51, 
subpart I, or part 52, as applicable.
    (7) As part of the distribution of the siting analysis required 
under paragraph (b)(3) of this section, the owner or operator shall make 
the final draft materials separation plan required under paragraph 
(a)(5) of this section available to the public, as specified in 
paragraph (b)(3) of this section.
    (8) As part of the public meeting for review of the siting analysis 
required under paragraph (b)(4) of this section, the owner or operator 
shall address questions concerning the final draft materials separation 
plan required by paragraph (a)(5) of this section including discussion 
of how the final draft materials separation plan has changed from the 
preliminary draft materials separation plan that was discussed at the 
first public meeting required by paragraph (a)(2) of this section.
    (9) If the owner or operator receives any comments on the final 
draft materials separation plan during the public meeting required in 
paragraph (b)(4) of this section, the owner or operator shall respond to 
those comments in the document prepared in accordance with paragraph 
(b)(5) of this section.
    (10) The owner or operator shall prepare a final materials 
separation plan and shall submit, as required under Sec. 
60.59b(b)(5)(ii), the final materials separation plan as part of the 
initial notification of construction.
    (b) The owner or operator of an affected facility for which the 
initial application for a construction permit under 40 CFR part 51, 
subpart I, or part 52, as applicable, is submitted after December 19, 
1995 shall prepare a siting analysis in accordance with paragraphs 
(b)(1) and (b)(2) of this section and shall comply with the requirements 
specified in paragraphs (b)(3) through (b)(7) of this section.
    (1) The siting analysis shall be an analysis of the impact of the 
affected facility on ambient air quality, visibility, soils, and 
vegetation.
    (2) The analysis shall consider air pollution control alternatives 
that minimize, on a site-specific basis, to the maximum extent 
practicable, potential risks to the public health or the environment.
    (3) The owner or operator shall make the siting analysis and final 
draft materials separation plan required by paragraph (a)(5) of this 
section available to the public as specified in paragraphs (b)(3)(i) and 
(b)(3)(ii) of this section.
    (i) The owner or operator shall distribute the siting analysis and 
final draft materials separation plan to the principal public libraries 
in the area where the affected facility is to be constructed.
    (ii) The owner or operator shall publish a notification of a public 
meeting in the principal newspaper(s) serving the area where the 
affected facility is to be constructed and where the waste treated by 
the affected facility will primarily be collected. As a minimum, the 
notification shall include the information specified in paragraphs 
(b)(3)(ii)(A) through (b)(3)(ii)(D) of this section.
    (A) The date, time, and location of the public meeting.
    (B) The location of the public libraries where the siting analyses 
and final draft materials separation plan may be found, including normal 
business hours.

[[Page 266]]

    (C) An agenda of the issues to be discussed at the public meeting.
    (D) The dates that the public comment period on the siting analyses 
and final draft materials separation plan begins and ends.
    (4) The owner or operator shall conduct a public meeting and accept 
comments on the siting analysis and the final draft materials separation 
plan required under paragraph (a)(5) of this section. The public meeting 
shall be conducted in the county where the affected facility is to be 
located and shall be scheduled to occur 30 days or more after making the 
siting analysis available to the public as specified under paragraph 
(b)(3) of this section.
    (5) The owner or operator shall prepare responses to the comments on 
the siting analysis and the final draft materials separation plan that 
are received at the public meeting.
    (6) The owner or operator shall make the document summarizing 
responses to public comments available to the public (including 
distribution to all public libraries) in the service area where the 
affected facility is to be located.
    (7) As required under Sec. 60.59b(b)(5), the owner or operator 
shall submit a copy of the notification of the public meeting, a 
transcript of the public meeting, the document summarizing responses to 
public comments, and the siting analysis as part of the initial 
notification of construction.
    (c) The owner or operator of an affected facility for which 
construction is commenced after September 20, 1994 shall prepare a 
siting analysis in accordance with 40 CFR part 51, subpart I, or part 
52, as applicable, and shall submit the siting analysis as part of the 
initial notification of construction. Affected facilities subject to 
paragraphs (a) and (b) of this section are not subject to this 
paragraph.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27337, May 10, 2006]



Sec. 60.58b  Compliance and performance testing.

    (a) The provisions for startup, shutdown, and malfunction are 
provided in paragraphs (a)(1) and (a)(2) of this section.
    (1) Except as provided by Sec. 60.56b, the standards under this 
subpart apply at all times except during periods of startup, shutdown, 
and malfunction. Duration of startup, shutdown, or malfunction periods 
are limited to 3 hours per occurrence, except as provided in paragraph 
(a)(1)(iii) of this section. During periods of startup, shutdown, or 
malfunction, monitoring data shall be dismissed or excluded from 
compliance calculations, but shall be recorded and reported in 
accordance with the provisions of 40 CFR 60.59b(d)(7).
    (i) The startup period commences when the affected facility begins 
the continuous burning of municipal solid waste and does not include any 
warmup period when the affected facility is combusting fossil fuel or 
other nonmunicipal solid waste fuel, and no municipal solid waste is 
being fed to the combustor.
    (ii) Continuous burning is the continuous, semicontinuous, or batch 
feeding of municipal solid waste for purposes of waste disposal, energy 
production, or providing heat to the combustion system in preparation 
for waste disposal or energy production. The use of municipal solid 
waste solely to provide thermal protection of the grate or hearth during 
the startup period when municipal solid waste is not being fed to the 
grate is not considered to be continuous burning.
    (iii) For the purpose of compliance with the carbon monoxide 
emission limits in Sec. 60.53b(a), if a loss of boiler water level 
control (e.g., boiler waterwall tube failure) or a loss of combustion 
air control (e.g., loss of combustion air fan, induced draft fan, 
combustion grate bar failure) is determined to be a malfunction, the 
duration of the malfunction period is limited to 15 hours per 
occurrence. During such periods of malfunction, monitoring data shall be 
dismissed or excluded from compliance calculations, but shall be 
recorded and reported in accordance with the provisions of Sec. 
60.59b(d)(7).
    (2) The opacity limits for air curtain incinerators specified in 
Sec. 60.56b apply at all times as specified under Sec. 60.56b except 
during periods of malfunction. Duration of malfunction periods are 
limited to 3 hours per occurrence.

[[Page 267]]

    (b) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring the oxygen or carbon dioxide content of the flue gas at 
each location where carbon monoxide, sulfur dioxide, nitrogen oxides 
emissions, or particulate matter (if the owner or operator elects to 
continuously monitor emissions under paragraph (n) of this section) are 
monitored and record the output of the system and shall comply with the 
test procedures and test methods specified in paragraphs (b)(1) through 
(b)(8) of this section.
    (1) The span value of the oxygen (or 20 percent carbon dioxide) 
monitor shall be 25 percent oxygen (or 20 percent carbon dioxide).
    (2) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part.
    (4) The monitor shall conform to Performance Specification 3 in 
appendix B of this part except for section 2.3 (relative accuracy 
requirement).
    (5) The quality assurance procedures of appendix F of this part 
except for section 5.1.1 (relative accuracy test audit) shall apply to 
the monitor.
    (6) If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels shall be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (b)(6)(i) through 
(b)(6)(iv) of this section. This relationship may be reestablished 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B shall be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-
1981--part10, as applicable, shall be used to determine the oxygen 
concentration at the same location as the carbon dioxide monitor.
    (ii) Samples shall be taken for at least 30 minutes in each hour.
    (iii) Each sample shall represent a 1-hour average.
    (iv) A minimum of three runs shall be performed.
    (7) The relationship between carbon dioxide and oxygen 
concentrations that is established in accordance with paragraph (b)(6) 
of this section shall be submitted to EPA as part of the initial 
performance test report and, if applicable, as part of the annual test 
report if the relationship is reestablished during the annual 
performance test.
    (8) During a loss of boiler water level control or loss of 
combustion air control malfunction period as specified in paragraph 
(a)(1)(iii) of this section, a diluent cap of 14 percent for oxygen or 5 
percent for carbon dioxide may be used in the emissions calculations for 
sulfur dioxide and nitrogen oxides.
    (c) Except as provided in paragraph (c)(10) of this section, the 
procedures and test methods specified in paragraphs (c)(1) through 
(c)(11) of this section shall be used to determine compliance with the 
emission limits for particulate matter and opacity under Sec. 
60.52b(a)(1) and (a)(2).
    (1) The EPA Reference Method 1 shall be used to select sampling site 
and number of traverse points.
    (2) The EPA Reference Method 3, 3A or 3B, or as an alternative ASME 
PTC-19-10-1981--part10, as applicable, shall be used for gas analysis.
    (3) EPA Reference Method 5 shall be used for determining compliance 
with the particulate matter emission limit. The minimum sample volume 
shall be 1.7 cubic meters. The probe and filter holder heating systems 
in the sample train shall be set to provide a gas temperature no greater 
than 160 [deg]C. An oxygen or carbon dioxide measurement shall be 
obtained simultaneously with each Method 5 run.
    (4) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility shall be established as specified in 
paragraph (b)(6) of this section.
    (5) As specified under Sec. 60.8 of subpart A of this part, all 
performance tests

[[Page 268]]

shall consist of three test runs. The average of the particulate matter 
emission concentrations from the three test runs is used to determine 
compliance.
    (6) In accordance with paragraphs (c)(7) and (c)(11) of this 
section, EPA Reference Method 9 shall be used for determining compliance 
with the opacity limit except as provided under Sec. 60.11(e) of 
subpart A of this part.
    (7) The owner or operator of an affected facility shall conduct an 
initial performance test for particulate matter emissions and opacity as 
required under Sec. 60.8 of subpart A of this part.
    (8) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous opacity monitoring system 
for measuring opacity and shall follow the methods and procedures 
specified in paragraphs (c)(8)(i) through (c)(8)(iv) of this section.
    (i) The output of the continuous opacity monitoring system shall be 
recorded on a 6-minute average basis.
    (ii) The continuous opacity monitoring system shall be installed, 
evaluated, and operated in accordance with Sec. 60.13 of subpart A of 
this part.
    (iii) The continuous opacity monitoring system shall conform to 
Performance Specification 1 in appendix B of this part.
    (iv) The initial performance evaluation shall be completed no later 
than 180 days after the date of the initial startup of the municipal 
waste combustor unit, as specified under Sec. 60.8 of subpart A of this 
part.
    (9) Following the date that the initial performance test for 
particulate matter is completed or is required to be completed under 
Sec. 60.8 of subpart A of this part for an affected facility, the owner 
or operator shall conduct a performance test for particulate matter on a 
calendar year basis (no less than 9 calendar months and no more than 15 
calendar months following the previous performance test; and must 
complete five performance tests in each 5-year calendar period).
    (10) In place of particulate matter testing with EPA Reference 
Method 5, an owner or operator may elect to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
monitoring particulate matter emissions discharged to the atmosphere and 
record the output of the system. The owner or operator of an affected 
facility who elects to continuously monitor particulate matter emissions 
instead of conducting performance testing using EPA Method 5 shall 
install, calibrate, maintain, and operate a continuous emission 
monitoring system and shall comply with the requirements specified in 
paragraphs (c)(10)(i) through (c)(10)(xiv) of this section. The owner or 
operator who elects to continuously monitor particulate matter emissions 
instead of conducting performance testing using EPA Method 5 is not 
required to complete performance testing for particulate matter as 
specified in paragraph (c)(9) of this section and is not required to 
continuously monitor opacity as specified in paragraph (c)(8) of this 
section.
    (i) Notify the Administrator one month before starting use of the 
system.
    (ii) Notify the Administrator one month before stopping use of the 
system.
    (iii) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (iv) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the 
continuous monitoring system if the owner or operator was previously 
determining compliance by Method 5 performance tests, whichever is 
later.
    (v) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility shall be established as specified in 
paragraph (b)(6) of this section.
    (vi) The owner or operator of an affected facility shall conduct an 
initial performance test for particulate matter emissions as required 
under Sec. 60.8 of subpart A of this part. Compliance with the 
particulate matter emission

[[Page 269]]

limit shall be determined by using the continuous emission monitoring 
system specified in paragraph (c)(10) of this section to measure 
particulate matter and calculating a 24-hour block arithmetic average 
emission concentration using EPA Reference Method 19, section 12.4.1.
    (vii) Compliance with the particulate matter emission limit shall be 
determined based on the 24-hour daily (block) average of the hourly 
arithmetic average emission concentrations using continuous emission 
monitoring system outlet data.
    (viii) After April 28, 2008, at a minimum, valid continuous 
monitoring system hourly averages shall be obtained as specified in 
paragraphs (c)(10)(viii)(A) and (c)(10)(viii)(B) for at least 90 percent 
of the operating hours per calendar quarter and 95 percent of the 
operating hours per calendar year that the affected facility is 
combusting municipal solid waste.
    (A) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (B) Each particulate matter 1-hour arithmetic average shall be 
corrected to 7 percent oxygen on an hourly basis using the 1-hour 
arithmetic average of the oxygen (or carbon dioxide) continuous emission 
monitoring system data.
    (ix) The 1-hour arithmetic averages required under paragraph 
(c)(10)(vii) of this section shall be expressed in milligrams per dry 
standard cubic meter corrected to 7 percent oxygen (dry basis) and shall 
be used to calculate the 24-hour daily arithmetic average emission 
concentrations. The 1-hour arithmetic averages shall be calculated using 
the data points required under Sec. 60.13(e)(2) of subpart A of this 
part.
    (x) All valid continuous emission monitoring system data shall be 
used in calculating average emission concentrations even if the minimum 
continuous emission monitoring system data requirements of paragraph 
(c)(10)(viii) of this section are not met.
    (xi) The continuous emission monitoring system shall be operated 
according to Performance Specification 11 in appendix B of this part.
    (xii) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 11 in 
appendix B of this part, particulate matter and oxygen (or carbon 
dioxide) data shall be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emission monitors and the test 
methods specified in paragraphs (c)(10)(xii)(A) and (c)(10)(xii)(B) of 
this section.
    (A) For particulate matter, EPA Reference Method 5 shall be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, as applicable shall be used.
    (xiii) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part.
    (xiv) When particulate matter emissions data are not obtained 
because of continuous emission monitoring system breakdowns, repairs, 
calibration checks, and zero and span adjustments, emissions data shall 
be obtained by using other monitoring systems as approved by the 
Administrator or EPA Reference Method 19 to provide, as necessary, valid 
emissions data for a minimum of 90 percent of the hours per calendar 
quarter and 95 percent of the hours per calendar year that the affected 
facility is operated and combusting municipal solid waste.
    (11) Following the date that the initial performance test for 
opacity is completed or is required to be completed under Sec. 60.8 of 
subpart A of this part for an affected facility, the owner or operator 
shall conduct a performance test for opacity on an annual basis (no less 
than 9 calendar months and no more than 15 calendar months following the 
previous performance test; and must complete five performance tests in 
each 5-year calendar period) using the test method specified in 
paragraph (c)(6) of this section.
    (d) The procedures and test methods specified in paragraphs (d)(1) 
and (d)(2) of this section shall be used to determine compliance with 
the emission limits for cadmium, lead, and mercury under Sec. 
60.52b(a).
    (1) The procedures and test methods specified in paragraphs 
(d)(1)(i) through (d)(1)(ix) of this section shall be used to determine 
compliance with the emission limits for cadmium and lead under Sec. 
60.52b(a) (3) and (4).

[[Page 270]]

    (i) The EPA Reference Method 1 shall be used for determining the 
location and number of sampling points.
    (ii) The EPA Reference Method 3, 3A, or 3B, or as an alternative 
ASME PTC-19-10-1981--part10, as applicable, shall be used for flue gas 
analysis.
    (iii) The EPA Reference Method 29 shall be used for determining 
compliance with the cadmium and lead emission limits.
    (iv) An oxygen or carbon dioxide measurement shall be obtained 
simultaneously with each Method 29 test run for cadmium and lead 
required under paragraph (d)(1)(iii) of this section.
    (v) The owner or operator of an affected facility may request that 
compliance with the cadmium or lead emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (vi) All performance tests shall consist of a minimum of three test 
runs conducted under representative full load operating conditions. The 
average of the cadmium or lead emission concentrations from three test 
runs or more shall be used to determine compliance.
    (vii) Following the date of the initial performance test or the date 
on which the initial performance test is required to be completed under 
Sec. 60.8 of subpart A of this part, the owner or operator of an 
affected facility shall conduct a performance test for compliance with 
the emission limits for cadmium and lead on a calendar year basis (no 
less than 9 calendar months and no more than 15 calendar months 
following the previous performance test; and must complete five 
performance tests in each 5-year calendar period).
    (viii)-(ix) [Reserved]
    (2) The procedures and test methods specified in paragraphs 
(d)(2)(i) through (d)(2)(xi) of this section shall be used to determine 
compliance with the mercury emission limit under Sec. 60.52b(a)(5).
    (i) The EPA Reference Method 1 shall be used for determining the 
location and number of sampling points.
    (ii) The EPA Reference Method 3, 3A, or 3B, or as an alternative 
ASME PTC-19-10-1981--part10, as applicable, shall be used for flue gas 
analysis.
    (iii) The EPA Reference Method 29 or as an alternative ASTM D6784-02 
shall be used to determine the mercury emission concentration. The 
minimum sample volume when using Method 29 as an alternative ASTM D6784-
02 for mercury shall be 1.7 cubic meters.
    (iv) An oxygen (or carbon dioxide) measurement shall be obtained 
simultaneously with each Method 29 or as an alternative ASTM D6784-02 
test run for mercury required under paragraph (d)(2)(iii) of this 
section.
    (v) The percent reduction in the potential mercury emissions (%PHg) 
is computed using equation 1:
[GRAPHIC] [TIFF OMITTED] TR19DE95.001

where:

%PHg = percent reduction of the potential mercury emissions 
achieved.
Ei = potential mercury emission concentration measured at the 
control device inlet, corrected to 7 percent oxygen (dry basis).
Eo = controlled mercury emission concentration measured at 
the mercury control device outlet, corrected to 7 percent oxygen (dry 
basis).

    (vi) All performance tests shall consist of a minimum of three test 
runs conducted under representative full load operating conditions. The 
average of the mercury emission concentrations or percent reductions 
from three test runs or more is used to determine compliance.
    (vii) The owner or operator of an affected facility may request that 
compliance with the mercury emission limit be determined using carbon 
dioxide measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established as specified in paragraph (b)(6) of this 
section.
    (viii) The owner or operator of an affected facility shall conduct 
an initial performance test for mercury emissions as required under 
Sec. 60.8 of subpart A of this part.
    (ix) Following the date that the initial performance test for 
mercury is completed or is required to be completed under Sec. 60.8 of 
subpart A of this

[[Page 271]]

part, the owner or operator of an affected facility shall conduct a 
performance test for mercury emissions on a calendar year basis (no less 
than 9 calendar months and no more than 15 calendar months from the 
previous performance test; and must complete five performance tests in 
each 5-year calendar period).
    (x) [Reserved]
    (xi) The owner or operator of an affected facility where activated 
carbon injection is used to comply with the mercury emission limit shall 
follow the procedures specified in paragraph (m) of this section for 
measuring and calculating carbon usage.
    (3) In place of cadmium and lead testing with EPA Reference Method 
29 as an alternative ASTM D6784-02, an owner or operator may elect to 
install, calibrate, maintain, and operate a continuous emission 
monitoring system for monitoring cadmium and lead emissions discharged 
to the atmosphere and record the output of the system according to the 
provisions of paragraphs (n) and (o) of this section.
    (4) In place of mercury testing with EPA Reference Method 29 or as 
an alternative ASTM D6784-02, an owner or operator may elect to install, 
calibrate, maintain, and operate a continuous emission monitoring system 
or a continuous automated sampling system for monitoring mercury 
emissions discharged to the atmosphere and record the output of the 
system according to the provisions of paragraphs (n) and (o) of this 
section, or paragraphs (p) and (q) of this section, as appropriate. The 
owner or operator who elects to continuously monitor mercury in place of 
mercury testing with EPA Reference Method 29 or as an alternative ASTM 
D6784-02 is not required to complete performance testing for mercury as 
specified in paragraph (d)(2)(ix) of this section.
    (e) The procedures and test methods specified in paragraphs (e)(1) 
through (e)(14) of this section shall be used for determining compliance 
with the sulfur dioxide emission limit under Sec. 60.52b(b)(1).
    (1) The EPA Reference Method 19, section 4.3, shall be used to 
calculate the daily geometric average sulfur dioxide emission 
concentration.
    (2) The EPA Reference Method 19, section 5.4, shall be used to 
determine the daily geometric average percent reduction in the potential 
sulfur dioxide emission concentration.
    (3) The owner or operator of an affected facility may request that 
compliance with the sulfur dioxide emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (4) The owner or operator of an affected facility shall conduct an 
initial performance test for sulfur dioxide emissions as required under 
Sec. 60.8 of subpart A of this part. Compliance with the sulfur dioxide 
emission limit (concentration or percent reduction) shall be determined 
by using the continuous emission monitoring system specified in 
paragraph (e)(5) of this section to measure sulfur dioxide and 
calculating a 24-hour daily geometric average emission concentration or 
a 24-hour daily geometric average percent reduction using EPA Reference 
Method 19, sections 4.3 and 5.4, as applicable.
    (5) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring sulfur dioxide emissions discharged to the atmosphere and 
record the output of the system.
    (6) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec. 60.8 of 
subpart A of this part, compliance with the sulfur dioxide emission 
limit shall be determined based on the 24-hour daily geometric average 
of the hourly arithmetic average emission concentrations using 
continuous emission monitoring system outlet data if compliance is based 
on an emission concentration, or continuous emission monitoring system 
inlet and outlet data if compliance is based on a percent reduction.
    (7) At a minimum, valid continuous monitoring system hourly averages

[[Page 272]]

shall be obtained as specified in paragraphs (e)(7)(i) and (e)(7)(ii) 
for 90 percent of the operating hours per calendar quarter and 95 
percent of the operating days per calendar year that the affected 
facility is combusting municipal solid waste.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) Each sulfur dioxide 1-hour arithmetic average shall be 
corrected to 7 percent oxygen on an hourly basis using the 1-hour 
arithmetic average of the oxygen (or carbon dioxide) continuous emission 
monitoring system data.
    (8) The 1-hour arithmetic averages required under paragraph (e)(6) 
of this section shall be expressed in parts per million corrected to 7 
percent oxygen (dry basis) and used to calculate the 24-hour daily 
geometric average emission concentrations and daily geometric average 
emission percent reductions. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec. 60.13(e)(2) of 
subpart A of this part.
    (9) All valid continuous emission monitoring system data shall be 
used in calculating average emission concentrations and percent 
reductions even if the minimum continuous emission monitoring system 
data requirements of paragraph (e)(7) of this section are not met.
    (10) The procedures under Sec. 60.13 of subpart A of this part 
shall be followed for installation, evaluation, and operation of the 
continuous emission monitoring system.
    (11) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the municipal waste 
combustor as specified under Sec. 60.8 of subpart A of this part.
    (12) The continuous emission monitoring system shall be operated 
according to Performance Specification 2 in appendix B of this part. For 
sources that have actual inlet emissions less than 100 parts per million 
dry volume, the relative accuracy criterion for inlet sulfur dioxide 
continuous emission monitoring systems should be no greater than 20 
percent of the mean value of the reference method test data in terms of 
the units of the emission standard, or 5 parts per million dry volume 
absolute value of the mean difference between the reference method and 
the continuous emission monitoring systems, whichever is greater.
    (i) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 2 in 
appendix B of this part, sulfur dioxide and oxygen (or carbon dioxide) 
data shall be collected concurrently (or within a 30- to 60-minute 
period) by both the continuous emission monitors and the test methods 
specified in paragraphs (e)(12)(i)(A) and (e)(12)(i)(B) of this section.
    (A) For sulfur dioxide, EPA Reference Method 6, 6A, or 6C, or as an 
alternative ASME PTC-19-10-1981--part10, shall be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, or as an alternative ASME PTC-19-10-1981--part10, as applicable, 
shall be used.
    (ii) The span value of the continuous emissions monitoring system at 
the inlet to the sulfur dioxide control device shall be 125 percent of 
the maximum estimated hourly potential sulfur dioxide emissions of the 
municipal waste combustor unit. The span value of the continuous 
emission monitoring system at the outlet of the sulfur dioxide control 
device shall be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the municipal waste combustor unit.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 1 in appendix F of 
this part.
    (14) When sulfur dioxide emissions data are not obtained because of 
continuous emission monitoring system breakdowns, repairs, calibration 
checks, and/or zero and span adjustments, emissions data shall be 
obtained by using other monitoring systems as approved by EPA or EPA 
Reference Method 19 to provide, as necessary, valid emissions data for a 
minimum of 90 percent of the hours per calendar quarter and 95 percent 
of the hours per calendar year that the affected facility is operated 
and combusting municipal solid waste.
    (f) The procedures and test methods specified in paragraphs (f)(1) 
through

[[Page 273]]

(f)(8) of this section shall be used for determining compliance with the 
hydrogen chloride emission limit under Sec. 60.52b(b)(2).
    (1) The EPA Reference Method 26 or 26A, as applicable, shall be used 
to determine the hydrogen chloride emission concentration. The minimum 
sampling time shall be 1 hour.
    (2) An oxygen (or carbon dioxide) measurement shall be obtained 
simultaneously with each test run for hydrogen chloride required by 
paragraph (f)(1) of this section.
    (3) The percent reduction in potential hydrogen chloride emissions 
(% PHCl) is computed using equation 2:
[GRAPHIC] [TIFF OMITTED] TR19DE95.002

where:

%PHCl=percent reduction of the potential hydrogen chloride 
emissions achieved.
Ei=potential hydrogen chloride emission concentration 
measured at the control device inlet, corrected to 7 percent oxygen (dry 
basis).

Eo=controlled hydrogen chloride emission concentration 
measured at the control device outlet, corrected to 7 percent oxygen 
(dry basis).

    (4) The owner or operator of an affected facility may request that 
compliance with the hydrogen chloride emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (5) As specified under Sec. 60.8 of subpart A of this part, all 
performance tests shall consist of three test runs. The average of the 
hydrogen chloride emission concentrations or percent reductions from the 
three test runs is used to determine compliance.
    (6) The owner or operator of an affected facility shall conduct an 
initial performance test for hydrogen chloride as required under Sec. 
60.8 of subpart A of this part.
    (7) Following the date that the initial performance test for 
hydrogen chloride is completed or is required to be completed under 
Sec. 60.8 of subpart A of this part, the owner or operator of an 
affected facility shall conduct a performance test for hydrogen chloride 
emissions on an annual basis (no more than 12 calendar months following 
the previous performance test).
    (8) In place of hydrogen chloride testing with EPA Reference Method 
26 or 26A, an owner or operator may elect to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
monitoring hydrogen chloride emissions discharged to the atmosphere and 
record the output of the system according to the provisions of 
paragraphs (n) and (o) of this section.
    (g) The procedures and test methods specified in paragraphs (g)(1) 
through (g)(9) of this section shall be used to determine compliance 
with the limits for dioxin/furan emissions under Sec. 60.52b(c).
    (1) The EPA Reference Method 1 shall be used for determining the 
location and number of sampling points.
    (2) The EPA Reference Method 3, 3A, or 3B, or as an alternative ASME 
PTC-19-10-1981--part10, as applicable, shall be used for flue gas 
analysis.
    (3) The EPA Reference Method 23 shall be used for determining the 
dioxin/furan emission concentration.
    (i) The minimum sample time shall be 4 hours per test run.
    (ii) An oxygen (or carbon dioxide) measurement shall be obtained 
simultaneously with each Method 23 test run for dioxins/furans.
    (4) The owner or operator of an affected facility shall conduct an 
initial performance test for dioxin/furan emissions in accordance with 
paragraph (g)(3) of this section, as required under Sec. 60.8 of 
subpart A of this part.
    (5) Following the date that the initial performance test for 
dioxins/furans is completed or is required to be completed under Sec. 
60.8 of subpart A of this part, the owner or operator of an affected 
facility shall conduct performance tests for dioxin/furan emissions in 
accordance with paragraph (g)(3) of this section, according to one of 
the schedules specified in paragraphs (g)(5)(i) through (g)(5)(iii) of 
this section.

[[Page 274]]

    (i) For affected facilities, performance tests shall be conducted on 
a calendar year basis (no less than 9 calendar months and no more than 
15 calendar months following the previous performance test; and must 
complete five performance tests in each 5-year calendar period).
    (ii) For the purpose of evaluating system performance to establish 
new operating parameter levels, testing new technology or control 
technologies, diagnostic testing, or related activities for the purpose 
of improving facility performance or advancing the state-of-the-art for 
controlling facility emissions, the owner or operator of an affected 
facility that qualifies for the performance testing schedule specified 
in paragraph (g)(5)(iii) of this section, may test one unit for dioxin/
furan and apply the dioxin/furan operating parameters to similarly 
designed and equipped units on site by meeting the requirements 
specified in paragraphs (g)(5)(ii)(A) through (g)(5)(ii)(D) of this 
section.
    (A) Follow the testing schedule established in paragraph (g)(5)(iii) 
of this section. For example, each year a different affected facility at 
the municipal waste combustor plant shall be tested, and the affected 
facilities at the plant shall be tested in sequence (e.g., unit 1, unit 
2, unit 3, as applicable).
    (B) Upon meeting the requirements in paragraph (g)(5)(iii) of this 
section for one affected facility, the owner or operator may elect to 
apply the average carbon mass feed rate and associated carbon injection 
system operating parameter levels for dioxin/furan as established in 
paragraph (m) of this section to similarly designed and equipped units 
on site.
    (C) Upon testing each subsequent unit in accordance with the testing 
schedule established in paragraph (g)(5)(iii) of this section, the 
dioxin/furan and mercury emissions of the subsequent unit shall not 
exceed the dioxin/furan and mercury emissions measured in the most 
recent test of that unit prior to the revised operating parameter 
levels.
    (D) The owner or operator of an affected facility that selects to 
follow the performance testing schedule specified in paragraph 
(g)(5)(iii) of this section and apply the carbon injection system 
operating parameters to similarly designed and equipped units on site 
shall follow the procedures specified in Sec. 60.59b(g)(4) for 
reporting.
    (iii) Where all performance tests over a 2-year period indicate that 
dioxin/furan emissions are less than or equal to 7 nanograms per dry 
standard cubic meter (total mass) for all affected facilities located 
within a municipal waste combustor plant, the owner or operator of the 
municipal waste combustor plant may elect to conduct annual performance 
tests for one affected facility (i.e., unit) per year at the municipal 
waste combustor plant. At a minimum, a performance test for dioxin/furan 
emissions shall be conducted on a calendar year basis (no less than 9 
calendar months and no more than 15 months following the previous 
performance test; and must complete five performance tests in each 5-
year calendar period) for one affected facility at the municipal waste 
combustor plant. Each year a different affected facility at the 
municipal waste combustor plant shall be tested, and the affected 
facilities at the plant shall be tested in sequence (e.g., unit 1, unit 
2, unit 3, as applicable). If each annual performance test continues to 
indicate a dioxin/furan emission level less than or equal to 7 nanograms 
per dry standard cubic meter (total mass), the owner or operator may 
continue conducting a performance test on only one affected facility per 
calendar year. If any annual performance test indicates either a dioxin/
furan emission level greater than 7 nanograms per dry standard cubic 
meter (total mass), performance tests shall thereafter be conducted 
annually on all affected facilities at the plant until and unless all 
annual performance tests for all affected facilities at the plant over a 
2-year period indicate a dioxin/furan emission level less than or equal 
to 7 nanograms per dry standard cubic meter (total mass).
    (6) The owner or operator of an affected facility that selects to 
follow the performance testing schedule specified in paragraph 
(g)(5)(iii) of this section shall follow the procedures specified in 
Sec. 60.59b(g)(4) for reporting the selection of this schedule.

[[Page 275]]

    (7) The owner or operator of an affected facility where activated 
carbon is used shall follow the procedures specified in paragraph (m) of 
this section for measuring and calculating the carbon usage rate.
    (8) The owner or operator of an affected facility may request that 
compliance with the dioxin/furan emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (9) As specified under Sec. 60.8 of subpart A of this part, all 
performance tests shall consist of three test runs. The average of the 
dioxin/furan emission concentrations from the three test runs is used to 
determine compliance.
    (10) In place of dioxin/furan sampling and testing with EPA 
Reference Method 23, an owner or operator may elect to sample dioxin/
furan by installing, calibrating, maintaining, and operating a 
continuous automated sampling system for monitoring dioxin/furan 
emissions discharged to the atmosphere, recording the output of the 
system, and analyzing the sample using EPA Method 23. This option to use 
a continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from monitors is 
published in the Federal Register or the date of approval of a site-
specific monitoring plan. The owner or operator of an affected facility 
who elects to continuously sample dioxin/furan emissions instead of 
sampling and testing using EPA Method 23 shall install, calibrate, 
maintain, and operate a continuous automated sampling system and shall 
comply with the requirements specified in paragraphs (p) and (q) of this 
section.
    (h) The procedures and test methods specified in paragraphs (h)(1) 
through (h)(12) of this section shall be used to determine compliance 
with the nitrogen oxides emission limit for affected facilities under 
Sec. 60.52b(d).
    (1) The EPA Reference Method 19, section 4.1, shall be used for 
determining the daily arithmetic average nitrogen oxides emission 
concentration.
    (2) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (3) The owner or operator of an affected facility subject to the 
nitrogen oxides limit under Sec. 60.52b(d) shall conduct an initial 
performance test for nitrogen oxides as required under Sec. 60.8 of 
subpart A of this part. Compliance with the nitrogen oxides emission 
limit shall be determined by using the continuous emission monitoring 
system specified in paragraph (h)(4) of this section for measuring 
nitrogen oxides and calculating a 24-hour daily arithmetic average 
emission concentration using EPA Reference Method 19, section 4.1.
    (4) The owner or operator of an affected facility subject to the 
nitrogen oxides emission limit under Sec. 60.52b(d) shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring nitrogen oxides discharged to the atmosphere, and record 
the output of the system.
    (5) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec. 
60.8 of subpart A of this part, compliance with the emission limit for 
nitrogen oxides required under Sec. 60.52b(d) shall be determined based 
on the 24-hour daily arithmetic average of the hourly emission 
concentrations using continuous emission monitoring system outlet data.
    (6) At a minimum, valid continuous emission monitoring system hourly 
averages shall be obtained as specified in paragraphs (h)(6)(i) and 
(h)(6)(ii) of this section for 90 percent of the operating hours per 
calendar quarter and for 95 percent of the operating hours per calendar 
year that the affected facility is combusting municipal solid waste.
    (i) At least 2 data points per hour shall be used to calculate each 
1-hour arithmetic average.

[[Page 276]]

    (ii) Each nitrogen oxides 1-hour arithmetic average shall be 
corrected to 7 percent oxygen on an hourly basis using the 1-hour 
arithmetic average of the oxygen (or carbon dioxide) continuous emission 
monitoring system data.
    (7) The 1-hour arithmetic averages required by paragraph (h)(5) of 
this section shall be expressed in parts per million by volume (dry 
basis) and used to calculate the 24-hour daily arithmetic average 
concentrations. The 1-hour arithmetic averages shall be calculated using 
the data points required under Sec. 60.13(e)(2) of subpart A of this 
part.
    (8) All valid continuous emission monitoring system data must be 
used in calculating emission averages even if the minimum continuous 
emission monitoring system data requirements of paragraph (h)(6) of this 
section are not met.
    (9) The procedures under Sec. 60.13 of subpart A of this part shall 
be followed for installation, evaluation, and operation of the 
continuous emission monitoring system. The initial performance 
evaluation shall be completed no later than 180 days after the date of 
initial startup of the municipal waste combustor unit, as specified 
under Sec. 60.8 of subpart A of this part.
    (10) The owner or operator of an affected facility shall operate the 
continuous emission monitoring system according to Performance 
Specification 2 in appendix B of this part and shall follow the 
procedures and methods specified in paragraphs (h)(10)(i) and 
(h)(10)(ii) of this section.
    (i) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 2 of 
appendix B of this part, nitrogen oxides and oxygen (or carbon dioxide) 
data shall be collected concurrently (or within a 30- to 60-minute 
period) by both the continuous emission monitors and the test methods 
specified in paragraphs (h)(10)(i)(A) and (h)(10)(i)(B) of this section.
    (A) For nitrogen oxides, EPA Reference Method 7, 7A, 7C, 7D, or 7E 
shall be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, or as an alternative ASME PTC-19-10-1981--part10, as applicable, 
shall be used.
    (ii) The span value of the continuous emission monitoring system 
shall be 125 percent of the maximum estimated hourly potential nitrogen 
oxide emissions of the municipal waste combustor unit.
    (11) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 1 in appendix F of 
this part.
    (12) When nitrogen oxides continuous emission data are not obtained 
because of continuous emission monitoring system breakdowns, repairs, 
calibration checks, and zero and span adjustments, emissions data shall 
be obtained using other monitoring systems as approved by EPA or EPA 
Reference Method 19 to provide, as necessary, valid emissions data for a 
minimum of 90 percent of the hours per calendar quarter and 95 percent 
of the hours per calendar year the unit is operated and combusting 
municipal solid waste.
    (i) The procedures specified in paragraphs (i)(1) through (i)(12) of 
this section shall be used for determining compliance with the operating 
requirements under Sec. 60.53b.
    (1) Compliance with the carbon monoxide emission limits in Sec. 
60.53b(a) shall be determined using a 4-hour block arithmetic average 
for all types of affected facilities except mass burn rotary waterwall 
municipal waste combustors and refuse-derived fuel stokers.
    (2) For affected mass burn rotary waterwall municipal waste 
combustors and refuse-derived fuel stokers, compliance with the carbon 
monoxide emission limits in Sec. 60.53b(a) shall be determined using a 
24-hour daily arithmetic average.
    (3) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring carbon monoxide at the combustor outlet and record the 
output of the system and shall follow the procedures and methods 
specified in paragraphs (i)(3)(i) through (i)(3)(iii) of this section.
    (i) The continuous emission monitoring system shall be operated 
according to Performance Specification 4A in appendix B of this part.
    (ii) During each relative accuracy test run of the continuous 
emission

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monitoring system required by Performance Specification 4A in appendix B 
of this part, carbon monoxide and oxygen (or carbon dioxide) data shall 
be collected concurrently (or within a 30- to 60-minute period) by both 
the continuous emission monitors and the test methods specified in 
paragraphs (i)(3)(ii)(A) and (i)(3)(ii)(B) of this section. For affected 
facilities subject to the 100 parts per million dry volume carbon 
monoxide standard, the relative accuracy criterion of 5 parts per 
million dry volume is calculated as the absolute value of the mean 
difference between the reference method and continuous emission 
monitoring systems.
    (A) For carbon monoxide, EPA Reference Method 10, 10A, or 10B shall 
be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, or ASME PTC-19-10-1981--part10 (incorporated by reference, see Sec. 
60.17 of subpart A of this part), as applicable, shall be used.
    (iii) The span value of the continuous emission monitoring system 
shall be 125 percent of the maximum estimated hourly potential carbon 
monoxide emissions of the municipal waste combustor unit.
    (4) The 4-hour block and 24-hour daily arithmetic averages specified 
in paragraphs (i)(1) and (i)(2) of this section shall be calculated from 
1-hour arithmetic averages expressed in parts per million by volume 
corrected to 7 percent oxygen (dry basis). The 1-hour arithmetic 
averages shall be calculated using the data points generated by the 
continuous emission monitoring system. At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (5) The owner or operator of an affected facility may request that 
compliance with the carbon monoxide emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (6) The procedures specified in paragraphs (i)(6)(i) through 
(i)(6)(v) of this section shall be used to determine compliance with 
load level requirements under Sec. 60.53b(b).
    (i) The owner or operator of an affected facility with steam 
generation capability shall install, calibrate, maintain, and operate a 
steam flow meter or a feedwater flow meter; measure steam (or feedwater) 
flow in kilograms per hour (or pounds per hour) on a continuous basis; 
and record the output of the monitor. Steam (or feedwater) flow shall be 
calculated in 4-hour block arithmetic averages.
    (ii) The method included in the ``American Society of Mechanical 
Engineers Power Test Codes: Test Code for Steam Generating Units, Power 
Test Code 4.1--1964 (R1991)'' section 4 (incorporated by reference, see 
Sec. 60.17 of subpart A of this part) shall be used for calculating the 
steam (or feedwater) flow required under paragraph (i)(6)(i) of this 
section. The recommendations in ``American Society of Mechanical 
Engineers Interim Supplement 19.5 on Instruments and Apparatus: 
Application, partII of Fluid Meters, 6th edition (1971),'' chapter 4 
(incorporated by reference--see Sec. 60.17 of subpart A of this part) 
shall be followed for design, construction, installation, calibration, 
and use of nozzles and orifices except as specified in (i)(6)(iii) of 
this section.
    (iii) Measurement devices such as flow nozzles and orifices are not 
required to be recalibrated after they are installed.
    (iv) All signal conversion elements associated with steam (or 
feedwater flow) measurements must be calibrated according to the 
manufacturer's instructions before each dioxin/furan performance test, 
and at least once per year.
    (7) To determine compliance with the maximum particulate matter 
control device temperature requirements under Sec. 60.53b(c), the owner 
or operator of an affected facility shall install, calibrate, maintain, 
and operate a device for measuring on a continuous basis the temperature 
of the flue gas stream at the inlet to each particulate matter control 
device utilized by the affected facility. Temperature shall be 
calculated in 4-hour block arithmetic averages.
    (8) The maximum demonstrated municipal waste combustor unit load 
shall

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be determined during the initial performance test for dioxins/furans and 
each subsequent performance test during which compliance with the 
dioxin/furan emission limit specified in Sec. 60.52b(c) is achieved. 
The maximum demonstrated municipal waste combustor unit load shall be 
the highest 4-hour arithmetic average load achieved during four 
consecutive hours during the most recent test during which compliance 
with the dioxin/furan emission limit was achieved. If a subsequent 
dioxin/furan performance test is being performed on only one affected 
facility at the MWC plant, as provided in paragraph (g)(5)(iii) of this 
section, the owner or operator may elect to apply the same maximum 
municipal waste combustor unit load from the tested facility for all the 
similarly designed and operated affected facilities at the MWC plant.
    (9) For each particulate matter control device employed at the 
affected facility, the maximum demonstrated particulate matter control 
device temperature shall be determined during the initial performance 
test for dioxins/furans and each subsequent performance test during 
which compliance with the dioxin/furan emission limit specified in Sec. 
60.52b(c) is achieved. The maximum demonstrated particulate matter 
control device temperature shall be the highest 4-hour arithmetic 
average temperature achieved at the particulate matter control device 
inlet during four consecutive hours during the most recent test during 
which compliance with the dioxin/furan limit was achieved. If a 
subsequent dioxin/furan performance test is being performed on only one 
affected facility at the MWC plant, as provided in paragraph (g)(5)(iii) 
of this section, the owner or operator may elect to apply the same 
maximum particulate matter control device temperature from the tested 
facility for all the similarly designed and operated affected facilities 
at the MWC plant.
    (10) At a minimum, valid continuous emission monitoring system 
hourly averages shall be obtained as specified in paragraphs (i)(10)(i) 
and (i)(10)(ii) of this section for at least 90 percent of the operating 
hours per calendar quarter and 95 percent of the operating hours per 
calendar year that the affected facility is combusting municipal solid 
waste.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) At a minimum, each carbon monoxide 1-hour arithmetic average 
shall be corrected to 7 percent oxygen on an hourly basis using the 1-
hour arithmetic average of the oxygen (or carbon dioxide) continuous 
emission monitoring system data.
    (11) All valid continuous emission monitoring system data must be 
used in calculating the parameters specified under paragraph (i) of this 
section even if the minimum data requirements of paragraph (i)(10) of 
this section are not met. When carbon monoxide continuous emission data 
are not obtained because of continuous emission monitoring system 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained using other monitoring systems as 
approved by EPA or EPA Reference Method 10 to provide, as necessary, the 
minimum valid emission data.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests for the carbon monoxide continuous emission monitoring system 
shall be performed in accordance with procedure 1 in appendix F of this 
part.
    (j) The procedures specified in paragraphs (j)(1) and (j)(2) of this 
section shall be used for calculating municipal waste combustor unit 
capacity as defined under Sec. 60.51b.
    (1) For municipal waste combustor units capable of combusting 
municipal solid waste continuously for a 24-hour period, municipal waste 
combustor unit capacity shall be calculated based on 24 hours of 
operation at the maximum charging rate. The maximum charging rate shall 
be determined as specified in paragraphs (j)(1)(i) and (j)(1)(ii) of 
this section as applicable.
    (i) For combustors that are designed based on heat capacity, the 
maximum charging rate shall be calculated based on the maximum design 
heat input capacity of the unit and a heating value of 12,800 kilojoules 
per kilogram for combustors firing refuse-derived fuel and a heating 
value of 10,500 kilojoules

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per kilogram for combustors firing municipal solid waste that is not 
refuse-derived fuel.
    (ii) For combustors that are not designed based on heat capacity, 
the maximum charging rate shall be the maximum design charging rate.
    (2) For batch feed municipal waste combustor units, municipal waste 
combustor unit capacity shall be calculated as the maximum design amount 
of municipal solid waste that can be charged per batch multiplied by the 
maximum number of batches that could be processed in a 24-hour period. 
The maximum number of batches that could be processed in a 24-hour 
period is calculated as 24 hours divided by the design number of hours 
required to process one batch of municipal solid waste, and may include 
fractional batches (e.g., if one batch requires 16 hours, then 24/16, or 
1.5 batches, could be combusted in a 24-hour period). For batch 
combustors that are designed based on heat capacity, the design heating 
value of 12,800 kilojoules per kilogram for combustors firing refuse-
derived fuel and a heating value of 10,500 kilojoules per kilogram for 
combustors firing municipal solid waste that is not refuse-derived fuel 
shall be used in calculating the municipal waste combustor unit capacity 
in megagrams per day of municipal solid waste.
    (k) The procedures specified in paragraphs (k)(1) through (k)(4) of 
this section shall be used for determining compliance with the fugitive 
ash emission limit under Sec. 60.55b.
    (1) The EPA Reference Method 22 shall be used for determining 
compliance with the fugitive ash emission limit under Sec. 60.55b. The 
minimum observation time shall be a series of three 1-hour observations. 
The observation period shall include times when the facility is 
transferring ash from the municipal waste combustor unit to the area 
where ash is stored or loaded into containers or trucks.
    (2) The average duration of visible emissions per hour shall be 
calculated from the three 1-hour observations. The average shall be used 
to determine compliance with Sec. 60.55b.
    (3) The owner or operator of an affected facility shall conduct an 
initial performance test for fugitive ash emissions as required under 
Sec. 60.8 of subpart A of this part.
    (4) Following the date that the initial performance test for 
fugitive ash emissions is completed or is required to be completed under 
Sec. 60.8 of subpart A of this part for an affected facility, the owner 
or operator shall conduct a performance test for fugitive ash emissions 
on an annual basis (no more than 12 calendar months following the 
previous performance test).
    (l) The procedures specified in paragraphs (l)(1) through (l)(3) of 
this section shall be used to determine compliance with the opacity 
limit for air curtain incinerators under Sec. 60.56b.
    (1) The EPA Reference Method 9 shall be used for determining 
compliance with the opacity limit.
    (2) The owner or operator of the air curtain incinerator shall 
conduct an initial performance test for opacity as required under Sec. 
60.8 of subpart A of this part.
    (3) Following the date that the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, the owner or operator of the air curtain incinerator shall 
conduct a performance test for opacity on an annual basis (no more than 
12 calendar months following the previous performance test).
    (m) The owner or operator of an affected facility where activated 
carbon injection is used to comply with the mercury emission limit under 
Sec. 60.52b(a)(5), and/or the dioxin/furan emission limits under Sec. 
60.52(b)(c), or the dioxin/furan emission level specified in paragraph 
(g)(5)(iii) of this section shall follow the procedures specified in 
paragraphs (m)(1) through (m)(4) of this section.
    (1) During the performance tests for dioxins/furans and mercury, as 
applicable, the owner or operator shall estimate an average carbon mass 
feed rate based on carbon injection system operating parameters such as 
the screw feeder speed, hopper volume, hopper refill frequency, or other 
parameters appropriate to the feed system being employed, as specified 
in paragraphs (m)(1)(i) and (m)(1)(ii) of this section.
    (i) An average carbon mass feed rate in kilograms per hour or pounds 
per

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hour shall be estimated during the initial performance test for mercury 
emissions and each subsequent performance test for mercury emissions.
    (ii) An average carbon mass feed rate in kilograms per hour or 
pounds per hour shall be estimated during the initial performance test 
for dioxin/furan emissions and each subsequent performance test for 
dioxin/furan emissions. If a subsequent dioxin/furan performance test is 
being performed on only one affected facility at the MWC plant, as 
provided in paragraph (g)(5)(iii) of this section, the owner or operator 
may elect to apply the same estimated average carbon mass feed rate from 
the tested facility for all the similarly designed and operated affected 
facilities at the MWC plant.
    (2) During operation of the affected facility, the carbon injection 
system operating parameter(s) that are the primary indicator(s) of the 
carbon mass feed rate (e.g., screw feeder setting) shall be averaged 
over a block 8-hour period, and the 8-hour block average must equal or 
exceed the level(s) documented during the performance tests specified 
under paragraphs (m)(1)(i) and (m)(1)(ii) of this section, except as 
specified in paragraphs (m)(2)(i) and (m)(2)(ii) of this section.
    (i) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no limit is applicable for average mass carbon feed rate if the 
provisions of paragraph (m)(2)(ii) of this section are met.
    (ii) The limit for average mass carbon feed rate may be waived in 
accordance with permission granted by the Administrator for the purpose 
of evaluating system performance, testing new technology or control 
technologies, diagnostic testing, or related activities for the purpose 
of improving facility performance or advancing the state-of-the-art for 
controlling facility emissions.
    (3) The owner or operator of an affected facility shall estimate the 
total carbon usage of the plant (kilograms or pounds) for each calendar 
quarter by two independent methods, according to the procedures in 
paragraphs (m)(3)(i) and (m)(3)(ii) of this section.
    (i) The weight of carbon delivered to the plant.
    (ii) Estimate the average carbon mass feed rate in kilograms per 
hour or pounds per hour for each hour of operation for each affected 
facility based on the parameters specified under paragraph (m)(1) of 
this section, and sum the results for all affected facilities at the 
plant for the total number of hours of operation during the calendar 
quarter.
    (4) Pneumatic injection pressure or other carbon injection system 
operational indicator shall be used to provide additional verification 
of proper carbon injection system operation. The operational indicator 
shall provide an instantaneous visual and/or audible alarm to alert the 
operator of a potential interruption in the carbon feed that would not 
normally be indicated by direct monitoring of carbon mass feed rate 
(e.g., continuous weight loss feeder) or monitoring of the carbon system 
operating parameter(s) that are the indicator(s) of carbon mass feed 
rate (e.g., screw feeder speed). The carbon injection system operational 
indicator used to provide additional verification of carbon injection 
system operation, including basis for selecting the indicator and 
operator response to the indicator alarm, shall be included in section 
(e)(6) of the site-specific operating manual required under Sec. 
60.54b(e) of this subpart.
    (n) In place of periodic manual testing of mercury, cadmium, lead, 
or hydrogen chloride with EPA Reference Method 26, 26A, 29, or as an 
alternative ASTM D6784-02 (as applicable), the owner or operator of an 
affected facility may elect to install, calibrate, maintain, and operate 
a continuous emission monitoring system for monitoring emissions 
discharged to the atmosphere and record the output of the system. The 
option to use a continuous emission monitoring system for mercury takes 
effect on the date of approval of the site-specific monitoring plan 
required in paragraph (n)(13) and (o) of this section. The option to use 
a continuous emission monitoring system for cadmium, lead, or hydrogen 
chloride takes effect on the date a final performance specification 
applicable to cadmium, lead, or hydrogen chloride

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monitor is published in the Federal Register or the date of approval of 
the site-specific monitoring plan required in paragraphs (n)(13) and (o) 
of this section. The owner or operator of an affected facility who 
elects to continuously monitor emissions instead of conducting manual 
performance testing shall install, calibrate, maintain, and operate a 
continuous emission monitoring system and shall comply with the 
requirements specified in paragraphs (n)(1) through (n)(13) of this 
section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec. 60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the 
continuous monitoring system if the owner or operator was previously 
determining compliance by Method 26, 26A, 29, or as an alternative ASTM 
D6784-02 (as applicable) performance tests, whichever is later.
    (5) The owner or operator may request that compliance with the 
emission limits be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established as specified in paragraph (b)(6) of this section.
    (6) The owner or operator shall conduct an initial performance test 
for emissions as required under Sec. 60.8 of subpart A of this part. 
Compliance with the emission limits shall be determined by using the 
continuous emission monitoring system specified in paragraph (n) of this 
section to measure emissions and calculating a 24-hour block arithmetic 
average emission concentration using EPA Reference Method 19, section 
12.4.1.
    (7) Compliance with the emission limits shall be determined based on 
the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using continuous emission monitoring system 
outlet data.
    (8) Beginning on April 28, 2008 for mercury and on the date two 
years after final performance specifications for cadmium, lead or 
hydrogen chloride monitors are published in the Federal Register or the 
date two years after approval of a site-specific monitoring plan, valid 
continuous monitoring system hourly averages shall be obtained as 
specified in paragraphs (n)(8)(i) and (n)(8)(ii) of this section for at 
least 90 percent of the operating hours per calendar quarter and 95 
percent of the operating hours per calendar year that the affected 
facility is combusting municipal solid waste.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) Each 1-hour arithmetic average shall be corrected to 7 percent 
oxygen on an hourly basis using the 1-hour arithmetic average of the 
oxygen (or carbon dioxide) continuous emission monitoring system data.
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section shall be expressed in micrograms per dry standard cubic 
meter for mercury, cadmium, lead and parts per million dry volume for 
hydrogen chloride corrected to 7 percent oxygen (dry basis) and shall be 
used to calculate the 24-hour daily arithmetic (block) average emission 
concentrations. The 1-hour arithmetic averages shall be calculated using 
the data points required under Sec. 60.13(e)(2) of subpart A of this 
part.
    (10) All valid continuous emission monitoring system data shall be 
used in calculating average emission concentrations even if the minimum 
continuous emission monitoring system data requirements of paragraph 
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system shall be operated 
according to the performance specifications in paragraphs (n)(11)(i) 
through (n)(11)(iii) of this section or the approved site-specific 
monitoring plan.
    (i) For mercury, Performance Specification 12A in appendix B of this 
part.
    (ii)-(iii) [Reserved]

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    (12) During each relative accuracy test run of the continuous 
emission monitoring system required by the performance specifications in 
paragraph (n)(11) of this section, mercury, cadmium, lead, hydrogen 
chloride, and oxygen (or carbon dioxide) data shall be collected 
concurrently (or within a 30- to 60-minute period) by both the 
continuous emission monitors and the test methods specified in 
paragraphs (n)(12)(i) through (n)(12)(iii) of this section.
    (i) For mercury, cadmium, and lead, EPA Reference Method 29 or as an 
alternative ASTM D6784-02 shall be used.
    (ii) For hydrogen chloride, EPA Reference Method 26 or 26A shall be 
used.
    (iii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, as applicable shall be used.
    (13) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
mercury, cadmium, lead, or hydrogen chloride must develop and implement 
a site-specific monitoring plan as specified in paragraph (o) of this 
section. The owner or operator who relies on a performance specification 
may refer to that document in addressing applicable procedures and 
criteria.
    (14) When emissions data are not obtained because of continuous 
emission monitoring system breakdowns, repairs, calibration checks, and 
zero and span adjustments, parametric monitoring data shall be obtained 
by using other monitoring systems as approved by EPA.
    (o) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
mercury, cadmium, lead, or hydrogen chloride must develop and submit for 
approval by EPA, a site-specific mercury, cadmium, lead, or hydrogen 
chloride monitoring plan that addresses the elements and requirements in 
paragraphs (o)(1) through (o)(7) of this section.
    (1) Installation of the continuous emission monitoring system 
sampling probe or other interface at a measurement location relative to 
each affected process unit such that the measurement is representative 
of control of the exhaust emissions (e.g., on or downstream of the last 
control device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration analyzer, and the data collection 
and reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (4) Provisions for periods when the continuous emission monitoring 
system is out of control as described in paragraphs (o)(4)(i) through 
(o)(4)(iii) of this section.
    (i) A continuous emission monitoring system is out of control if 
either of the conditions in paragraphs (o)(4)(i)(A) or (o)(4)(ii)(B) of 
this section are met.
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard; or
    (B) The continuous emission monitoring system fails a performance 
test audit (e.g., cylinder gas audit), relative accuracy audit, relative 
accuracy test audit, or linearity test audit.
    (ii) When the continuous emission monitoring system is out of 
control as defined in paragraph (o)(4)(i) of this section, the owner or 
operator of the affected source shall take the necessary corrective 
action and shall repeat all necessary tests that indicate that the 
system is out of control. The owner or operator shall take corrective 
action and conduct retesting until the performance requirements are 
below the applicable limits. The beginning of the out-of-control period 
is the hour the owner or operator conducts a performance check (e.g., 
calibration drift) that indicates an exceedance of the performance 
requirements established under this part. The end of the out-of-control 
period is the hour following the completion of corrective action and 
successful demonstration that the system is within the allowable limits. 
During the period the continuous emission monitoring system is out of 
control, recorded data shall not be used in data averages and 
calculations or to meet any data availability requirements in paragraph 
(n)(8) of this section.

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    (iii) The owner or operator of a continuous emission monitoring 
system that is out of control as defined in paragraph (o)(4) of this 
section shall submit all information concerning out-of-control periods, 
including start and end dates and hours and descriptions of corrective 
actions taken in the annual or semiannual compliance reports required in 
Sec. 60.59b(g) or (h).
    (5) Ongoing data quality assurance procedures for continuous 
emission monitoring systems as described in paragraphs (o)(5)(i) and 
(o)(5)(ii) of this section.
    (i) Develop and implement a continuous emission monitoring system 
quality control program. As part of the quality control program, the 
owner or operator shall develop and submit to EPA for approval, upon 
request, a site-specific performance evaluation test plan for the 
continuous emission monitoring system performance evaluation required in 
paragraph (o)(5)(ii) of this section. In addition, each quality control 
program shall include, at a minimum, a written protocol that describes 
procedures for each of the operations described in paragraphs 
(o)(7)(i)(A) through (o)(7)(i)(F) of this section.
    (A) Initial and any subsequent calibration of the continuous 
emission monitoring system;
    (B) Determination and adjustment of the calibration drift of the 
continuous emission monitoring system;
    (C) Preventive maintenance of the continuous emission monitoring 
system, including spare parts inventory;
    (D) Data recording, calculations, and reporting;
    (E) Accuracy audit procedures, including sampling and analysis 
methods; and
    (F) Program of corrective action for a malfunctioning continuous 
emission monitoring system.
    (ii) 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 quality assurance program. Data quality objectives 
are the pre-evaluation expectations of precision, accuracy, and 
completeness of data. The internal quality assurance program shall 
include, at a minimum, the activities planned by routine operators and 
analysts to provide an assessment of continuous emission monitoring 
system performance, for example, plans for relative accuracy testing 
using the appropriate reference method in Sec. 60.58b(n)(12) of this 
section. The external quality assurance program shall include, at a 
minimum, systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (6) Conduct a performance evaluation of each continuous emission 
monitoring system in accordance with the site-specific monitoring plan.
    (7) Operate and maintain the continuous emission monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (p) In place of periodic manual testing of dioxin/furan or mercury 
with EPA Reference Method 23, 29, or as an alternative ASTM D6784-02 (as 
applicable), the owner or operator of an affected facility may elect to 
install, calibrate, maintain, and operate a continuous automated 
sampling system for determining emissions discharged to the atmosphere. 
This option takes effect on the date a final performance specification 
applicable to such continuous automated sampling systems is published in 
the Federal Register or the date of approval of a site-specific 
monitoring plan required in paragraphs (p)(10) and (q) of this section. 
The owner or operator of an affected facility who elects to use a 
continuous automated sampling system to determine emissions instead of 
conducting manual performance testing shall install, calibrate, 
maintain, and operate the sampling system and conduct analyses in 
compliance with the requirements specified in paragraphs (p)(1) through 
(p)(12) of this section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.

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    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the 
continuous monitoring system if the owner or operator was previously 
determining compliance by manual performance testing using Method 23, 
29, or as an alternative ASTM D6784-02 (as applicable), whichever is 
later.
    (4) The owner or operator may request that compliance with the 
emission limits be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established as specified in paragraph (b)(6) of this section.
    (5) The owner or operator shall conduct an initial performance test 
for emissions as required under Sec. 60.8 of subpart A of this part. 
Compliance with the emission limits shall be determined by using the 
continuous automated sampling system specified in paragraph (p) of this 
section to collect integrated samples and analyze emissions for the time 
period specified in paragraphs (p)(5)(i) and (ii) of this section.
    (i) For dioxin/furan, the continuous automated sampling system shall 
collect an integrated sample over each 2-week period. The collected 
sample shall be analyzed using Method 23.
    (ii) For mercury, the continuous automated sampling system shall 
collect an integrated sample over each 24-hour daily period and the 
sample shall be analyzed according to the applicable final performance 
specification or the approved site-specific monitoring plan required by 
paragraph (q) of this section.
    (6) Compliance with the emission limits shall be determined based on 
2-week emission concentrations for dioxin/furan and on the 24-hour daily 
emission concentrations for mercury using samples collected at the 
system outlet. The emission concentrations shall be expressed in 
nanograms per dry standard cubic meter (total mass) for dioxin/furan and 
micrograms per dry standard cubic meter for mercury, corrected to 7 
percent oxygen (dry basis).
    (7) Beginning on the date two years after the respective final 
performance specification for continuous automated sampling systems for 
dioxin/furan or mercury is published in the Federal Register or two 
years after approval of a site-specific monitoring plan, the continuous 
automated sampling system must be operated and collect emissions for at 
least 90 percent of the operating hours per calendar quarter and 95 
percent of the operating hours per calendar year that the affected 
facility is combusting municipal solid waste.
    (8) All valid data shall be used in calculating emission 
concentrations.
    (9) The continuous automated sampling system shall be operated 
according to the final performance specification in paragraphs (p)(9)(i) 
or (p)(9)(ii) of this section or the approved site-specific monitoring 
plan.
    (i)-(ii) [Reserved]
    (10) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous automated sampling system for dioxin/
furan or mercury must develop and implement a site-specific monitoring 
plan as specified in paragraph (q) of this section. The owner or 
operator who relies on a performance specification may refer to that 
document in addressing applicable procedures and criteria.
    (11) When emissions data are not obtained because of continuous 
automated sampling system breakdowns, repairs, quality assurance checks, 
or adjustments, parametric monitoring data shall be obtained by using 
other monitoring systems as approved by EPA.
    (q) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous automated sampling system for dioxin/
furan or mercury must develop and submit for approval by EPA, a site-
specific monitoring plan that has sufficient detail to assure the 
validity of the continuous automated sampling system data and that 
addresses the elements and requirements in paragraphs (q)(1) through 
(q)(7) of this section.
    (1) Installation of the continuous automated sampling system 
sampling

[[Page 285]]

probe or other interface at a measurement location relative to each 
affected process unit such that the measurement is representative of 
control of the exhaust emissions (e.g., on or downstream of the last 
control device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration analytical method, and the data 
collection system.
    (3) Performance evaluation procedures and acceptance criteria.
    (4) Provisions for periods when the continuous automated sampling 
system is malfunctioning or is out of control as described in paragraphs 
(q)(4)(i) through (q)(4)(iii) of this section.
    (i) The site-specific monitoring plan shall identify criteria for 
determining that the continuous automated sampling system is out of 
control. This shall include periods when the sampling system is not 
collecting a representative sample or is malfunctioning, or when the 
analytical method does not meet site-specific quality criteria 
established in paragraph (q)(5) of this section.
    (ii) When the continuous automated sampling system is out of control 
as defined in paragraph (q)(4)(i) of this section, the owner or operator 
shall take the necessary corrective action and shall repeat all 
necessary tests that indicate that the system is out of control. The 
owner or operator shall take corrective action and conduct retesting 
until the performance requirements are within the applicable limits. The 
out-of-control period includes all hours that the sampling system was 
not collecting a representative sample or was malfunctioning, or hours 
represented by a sample for which the analysis did not meet the relevant 
quality criteria. Emissions data obtained during an out-of-control 
period shall not be used in determining compliance with the emission 
limits or to meet any data availability requirements in paragraph (p)(8) 
of this section.
    (iii) The owner or operator of a continuous automated sampling 
system that is out of control as defined in paragraph (q)(4) of this 
section shall submit all information concerning out-of-control periods, 
including start and end dates and hours and descriptions of corrective 
actions taken in the annual or semiannual compliance reports required in 
Sec. 60.59b(g) or (h).
    (5) Ongoing data quality assurance procedures for continuous 
automated sampling systems as described in paragraphs (q)(5)(i) and 
(q)(5)(ii) of this section.
    (i) Develop and implement a continuous automated sampling system and 
analysis quality control program. As part of the quality control 
program, the owner or operator shall develop and submit to EPA for 
approval, upon request, a site-specific performance evaluation test plan 
for the continuous automated sampling system performance evaluation 
required in paragraph (q)(5)(ii) of this section. In addition, each 
quality control program shall include, at a minimum, a written protocol 
that describes procedures for each of the operations described in 
paragraphs (q)(7)(i)(A) through (q)(7)(i)(F) of this section.
    (A) Correct placement, installation of the continuous automated 
sampling system such that the system is collecting a representative 
sample of gas;
    (B) Initial and subsequent calibration of flow such that the sample 
collection rate of the continuous automated sampling system is known and 
verifiable;
    (C) Procedures to assure representative (e.g., proportional or 
isokinetic) sampling;
    (D) Preventive maintenance of the continuous automated sampling 
system, including spare parts inventory and procedures for cleaning 
equipment, replacing sample collection media, or other servicing at the 
end of each sample collection period;
    (E) Data recording and reporting, including an automated indicator 
and recording device to show when the continuous automated monitoring 
system is operating and collecting data and when it is not collecting 
data;
    (F) Accuracy audit procedures for analytical methods; and
    (G) Program of corrective action for a malfunctioning continuous 
automated sampling system.

[[Page 286]]

    (ii) 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 quality assurance program. Data quality objectives 
are the pre-evaluation expectations of precision, accuracy, and 
completeness of data. The internal quality assurance program shall 
include, at a minimum, the activities planned by routine operators and 
analysts to provide an assessment of continuous automated sampling 
system performance, for example, plans for relative accuracy testing 
using the appropriate reference method in 60.58b(p)(3), and an 
assessment of quality of analysis results. The external quality 
assurance program shall include, at a minimum, systems audits that 
include the opportunity for on-site evaluation by the Administrator of 
instrument calibration, data validation, sample logging, and 
documentation of quality control data and field maintenance activities.
    (6) Conduct a performance evaluation of each continuous automated 
sampling system in accordance with the site-specific monitoring plan.
    (7) Operate and maintain the continuous automated sampling system in 
continuous operation according to the site-specific monitoring plan.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
65 FR 61753, Oct. 17, 2000; 66 FR 57827, Nov. 16, 2001; 71 FR 27337, May 
10, 2006]



Sec. 60.59b  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility with a capacity to 
combust greater than 250 tons per day shall submit, on or before the 
date the application for a construction permit is submitted under 40 CFR 
part 51, subpart I, or part 52, as applicable, the items specified in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) The preliminary and final draft materials separation plans 
required by Sec. 60.57b(a)(1) and (a)(5).
    (2) A copy of the notification of the public meeting required by 
Sec. 60.57b(a)(1)(ii).
    (3) A transcript of the public meeting required by Sec. 
60.57b(a)(2).
    (4) A copy of the document summarizing responses to public comments 
required by Sec. 60.57b(a)(3).
    (b) The owner or operator of an affected facility with a capacity to 
combust greater than 250 tons per day shall submit a notification of 
construction, which includes the information specified in paragraphs 
(b)(1) through (b)(5) of this section.
    (1) Intent to construct.
    (2) Planned initial startup date.
    (3) The types of fuels that the owner or operator plans to combust 
in the affected facility.
    (4) The municipal waste combustor unit capacity, and supporting 
capacity calculations prepared in accordance with Sec. 60.58b(j).
    (5) Documents associated with the siting requirements under Sec. 
60.57b (a) and (b), as specified in paragraphs (b)(5)(i) through 
(b)(5)(v) of this section.
    (i) The siting analysis required by Sec. 60.57b (b)(1) and (b)(2).
    (ii) The final materials separation plan for the affected facility 
required by Sec. 60.57b(a)(10).
    (iii) A copy of the notification of the public meeting required by 
Sec. 60.57b(b)(3)(ii).
    (iv) A transcript of the public meeting required by Sec. 
60.57b(b)(4).
    (v) A copy of the document summarizing responses to public comments 
required by Sec. 60.57b (a)(9) and (b)(5).
    (c) The owner or operator of an air curtain incinerator subject to 
the opacity limit under Sec. 60.56b shall provide a notification of 
construction that includes the information specified in paragraphs 
(b)(1) through (b)(4) of this section.
    (d) The owner or operator of an affected facility subject to the 
standards under Sec. Sec. 60.52b, 60.53b, 60.54b, 60.55b, and 60.57b 
shall maintain records of the information specified in paragraphs (d)(1) 
through (d)(15) of this section, as applicable, for each affected 
facility for a period of at least 5 years.
    (1) The calendar date of each record.
    (2) The emission concentrations and parameters measured using 
continuous monitoring systems as specified under

[[Page 287]]

paragraphs (d)(2)(i) and (d)(2)(ii) of this section.
    (i) The measurements specified in paragraphs (d)(2)(i)(A) through 
(d)(2)(i)(F) of this section shall be recorded and be available for 
submittal to the Administrator or review on site by an EPA or State 
inspector.
    (A) All 6-minute average opacity levels as specified under Sec. 
60.58b(c).
    (B) All 1-hour average sulfur dioxide emission concentrations as 
specified under Sec. 60.58b(e).
    (C) All 1-hour average nitrogen oxides emission concentrations as 
specified under Sec. 60.58b(h).
    (D) All 1-hour average carbon monoxide emission concentrations, 
municipal waste combustor unit load measurements, and particulate matter 
control device inlet temperatures as specified under Sec. 60.58b(i).
    (E) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, all 1-hour average particulate matter, cadmium, lead, 
mercury, or hydrogen chloride emission concentrations as specified under 
Sec. 60.58b(n).
    (ii) The average concentrations and percent reductions, as 
applicable, specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(F) 
of this section shall be computed and recorded, and shall be available 
for submittal to the Administrator or review on-site by an EPA or State 
inspector.
    (A) All 24-hour daily geometric average sulfur dioxide emission 
concentrations and all 24-hour daily geometric average percent 
reductions in sulfur dioxide emissions as specified under Sec. 
60.58b(e).
    (B) All 24-hour daily arithmetic average nitrogen oxides emission 
concentrations as specified under Sec. 60.58b(h).
    (C) All 4-hour block or 24-hour daily arithmetic average carbon 
monoxide emission concentrations, as applicable, as specified under 
Sec. 60.58b(i).
    (D) All 4-hour block arithmetic average municipal waste combustor 
unit load levels and particulate matter control device inlet 
temperatures as specified under Sec. 60.58b(i).
    (E) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, all 24-hour daily arithmetic average particulate matter, 
cadmium, lead, mercury, or hydrogen chloride emission concentrations as 
specified under Sec. 60.58b(n).
    (F) For owners and operators who elect to use a continuous automated 
sampling system to monitor mercury or dioxin/furan instead of conducting 
performance testing using EPA manual test methods, all integrated 24-
hour mercury concentrations or all integrated 2-week dioxin/furan 
concentrations as specified under Sec. 60.586(p).
    (3) Identification of the calendar dates when any of the average 
emission concentrations, percent reductions, or operating parameters 
recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(F) of this 
section, or the opacity levels recorded under paragraph (d)(2)(i)(A) of 
this section are above the applicable limits, with reasons for such 
exceedances and a description of corrective actions taken.
    (4) For affected facilities that apply activated carbon for mercury 
or dioxin/furan control, the records specified in paragraphs (d)(4)(i) 
through (d)(4)(v) of this section.
    (i) The average carbon mass feed rate (in kilograms per hour or 
pounds per hour) estimated as required under Sec. 60.58b(m)(1)(i) of 
this section during the initial mercury performance test and all 
subsequent annual performance tests, with supporting calculations.
    (ii) The average carbon mass feed rate (in kilograms per hour or 
pounds per hour) estimated as required under Sec. 60.58b(m)(1)(ii) of 
this section during the initial dioxin/furan performance test and all 
subsequent annual performance tests, with supporting calculations.
    (iii) The average carbon mass feed rate (in kilograms per hour or 
pounds per hour) estimated for each hour of operation as required under 
Sec. 60.58b(m)(3)(ii) of this section, with supporting calculations.
    (iv) The total carbon usage for each calendar quarter estimated as 
specified

[[Page 288]]

by paragraph 60.58b(m)(3) of this section, with supporting calculations.
    (v) Carbon injection system operating parameter data for the 
parameter(s) that are the primary indicator(s) of carbon feed rate 
(e.g., screw feeder speed).
    (5) [Reserved]
    (6) Identification of the calendar dates and times (hours) for which 
valid hourly data specified in paragraphs (d)(6)(i) through (d)(6)(vi) 
of this section have not been obtained, or continuous automated sampling 
systems were not operated as specified in paragraph (d)(6)(vii) of this 
section, including reasons for not obtaining the data and a description 
of corrective actions taken.
    (i) Sulfur dioxide emissions data;
    (ii) Nitrogen oxides emissions data;
    (iii) Carbon monoxide emissions data;
    (iv) Municipal waste combustor unit load data;
    (v) Particulate matter control device temperature data; and
    (vi) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of performance testing by EPA manual test methods, 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions data.
    (vii) For owners and operators who elect to use continuous automated 
sampling systems for dioxins/furans or mercury as allowed under 
``60.58b(p) and (q), dates and times when the sampling systems were not 
operating or were not collecting a valid sample.
    (7) Identification of each occurrence that sulfur dioxide emissions 
data, nitrogen oxides emissions data, particulate matter emissions data, 
cadmium emissions data, lead emissions data, mercury emissions data, 
hydrogen chloride emissions data, or dioxin/furan emissions data (for 
owners and operators who elect to continuously monitor particulate 
matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to 
use continuous automated sampling systems for dioxin/furan or mercury 
emissions, instead of conducting performance testing using EPA manual 
test methods) or operational data (i.e., carbon monoxide emissions, unit 
load, and particulate matter control device temperature) have been 
excluded from the calculation of average emission concentrations or 
parameters, and the reasons for excluding the data.
    (8) The results of daily drift tests and quarterly accuracy 
determinations for sulfur dioxide, nitrogen oxides, and carbon monoxide 
continuous emission monitoring systems, as required under appendix F of 
this part, procedure 1.
    (9) The test reports documenting the results of the initial 
performance test and all annual performance tests listed in paragraphs 
(d)(9)(i) and (d)(9)(ii) of this section shall be recorded along with 
supporting calculations.
    (i) The results of the initial performance test and all annual 
performance tests conducted to determine compliance with the particulate 
matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen 
chloride, and fugitive ash emission limits.
    (ii) For the initial dioxin/furan performance test and all 
subsequent dioxin/furan performance tests recorded under paragraph 
(d)(9)(i) of this section, the maximum demonstrated municipal waste 
combustor unit load and maximum demonstrated particulate matter control 
device temperature (for each particulate matter control device).
    (10) An owner or operator who elects to continuously monitor 
emissions instead of performance testing by EPA manual methods must 
maintain records specified in paragraphs (10)(i) through (iii) of this 
section.
    (i) For owners and operators who elect to continuously monitor 
particulate matter instead of conducting performance testing using EPA 
manual test methods), as required under appendix F of this part, 
procedure 2, the results of daily drift tests and quarterly accuracy 
determinations for particulate matter.
    (ii) For owners and operators who elect to continuously monitor 
cadmium, lead, mercury, or hydrogen chloride instead of conducting EPA 
manual test methods, the results of all quality evaluations, such as 
daily drift tests and periodic accuracy determinations, specified in the 
approved site-specific performance evaluation test plan required by 
Sec. 60.58b(o)(5).
    (iii) For owners and operators who elect to use continuous automated

[[Page 289]]

sampling systems for dioxin/furan or mercury, the results of all quality 
evaluations specified in the approved site-specific performance 
evaluation test plan required by Sec. 60.58b(q)(5).
    (11) For each affected facility subject to the siting provisions 
under Sec. 60.57b, the siting analysis, the final materials separation 
plan, a record of the location and date of the public meetings, and the 
documentation of the responses to public comments received at the public 
meetings.
    (12) The records specified in paragraphs (d)(12)(i) through 
(d)(12)(iv) of this section.
    (i) Records showing the names of the municipal waste combustor chief 
facility operator, shift supervisors, and control room operators who 
have been provisionally certified by the American Society of Mechanical 
Engineers or an equivalent State-approved certification program as 
required by Sec. 60.54b(a) including the dates of initial and renewal 
certifications and documentation of current certification.
    (ii) Records showing the names of the municipal waste combustor 
chief facility operator, shift supervisors, and control room operators 
who have been fully certified by the American Society of Mechanical 
Engineers or an equivalent State-approved certification program as 
required by Sec. 60.54b(b) including the dates of initial and renewal 
certifications and documentation of current certification.
    (iii) Records showing the names of the municipal waste combustor 
chief facility operator, shift supervisors, and control room operators 
who have completed the EPA municipal waste combustor operator training 
course or a State-approved equivalent course as required by Sec. 
60.54b(d) including documentation of training completion.
    (iv) Records of when a certified operator is temporarily off site. 
Include two main items:
    (A) If the certified chief facility operator and certified shift 
supervisor are off site for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is on site, record the dates that the 
certified chief facility operator and certified shift supervisor were 
off site.
    (B) When all certified chief facility operators and certified shift 
supervisors are off site for more than 2 weeks and no other certified 
operator is on site, keep records of four items:
    (1) Time of day that all certified persons are off site.
    (2) The conditions that cause those people to be off site.
    (3) The corrective actions taken by the owner or operator of the 
affected facility to ensure a certified chief facility operator or 
certified shift supervisor is on site as soon as practicable.
    (4) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken by the owner or operator of the affected 
facility to ensure that a certified chief facility operator or certified 
shift supervisor will be on site as soon as practicable.
    (13) Records showing the names of persons who have completed a 
review of the operating manual as required by Sec. 60.54b(f) including 
the date of the initial review and subsequent annual reviews.
    (14) For affected facilities that apply activated carbon, 
identification of the calendar dates when the average carbon mass feed 
rates recorded under paragraph (d)(4)(iii) of this section were less 
than either of the hourly carbon feed rates estimated during performance 
tests for mercury emissions and recorded under paragraphs (d)(4)(i) and 
(d)(4)(ii) of this section, respectively, with reasons for such feed 
rates and a description of corrective actions taken. For affected 
facilities that apply activated carbon, identification of the calendar 
dates when the average carbon mass feed rates recorded under paragraph 
(d)(4)(iii) of this section were less than either of the hourly carbon 
feed rates estimated during performance tests for dioxin/furan emissions 
and recorded under paragraphs (d)(4)(i) and (d)(4)(ii) of this section, 
respectively, with reasons for such feed rates and a description of 
corrective actions taken.
    (15) For affected facilities that apply activated carbon for mercury 
or dioxin/furan control, identification of the calendar dates when the 
carbon injection system operating parameter(s) that are the primary 
indicator(s) of carbon mass feed rate (e.g., screw feeder speed)

[[Page 290]]

recorded under paragraph (d)(4)(v) of this section are below the 
level(s) estimated during the performance tests as specified in Sec. 
60.58b(m)(1)(i) and Sec. 60.58b(m)(1)(ii) of this section, with reasons 
for such occurrences and a description of corrective actions taken.
    (e) The owner or operator of an air curtain incinerator subject to 
the opacity limit under Sec. 60.56b shall maintain records of results 
of the initial opacity performance test and subsequent performance tests 
required by Sec. 60.58b(l) for a period of at least 5 years.
    (f) The owner or operator of an affected facility shall submit the 
information specified in paragraphs (f)(1) through (f)(6) of this 
section in the initial performance test report.
    (1) The initial performance test data as recorded under paragraphs 
(d)(2)(ii)(A) through (d)(2)(ii)(D) of this section for the initial 
performance test for sulfur dioxide, nitrogen oxides, carbon monoxide, 
municipal waste combustor unit load level, and particulate matter 
control device inlet temperature.
    (2) The test report documenting the initial performance test 
recorded under paragraph (d)(9) of this section for particulate matter, 
opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and 
fugitive ash emissions.
    (3) The performance evaluation of the continuous emission monitoring 
system using the applicable performance specifications in appendix B of 
this part.
    (4) The maximum demonstrated municipal waste combustor unit load and 
maximum demonstrated particulate matter control device inlet 
temperature(s) established during the initial dioxin/furan performance 
test as recorded under paragraph (d)(9) of this section.
    (5) For affected facilities that apply activated carbon injection 
for mercury control, the owner or operator shall submit the average 
carbon mass feed rate recorded under paragraph (d)(4)(i) of this 
section.
    (6) For those affected facilities that apply activated carbon 
injection for dioxin/furan control, the owner or operator shall submit 
the average carbon mass feed rate recorded under paragraph (d)(4)(ii) of 
this section.
    (g) Following the first year of municipal waste combustor operation, 
the owner or operator of an affected facility shall submit an annual 
report that includes the information specified in paragraphs (g)(1) 
through (g)(5) of this section, as applicable, no later than February 1 
of each year following the calendar year in which the data were 
collected (once the unit is subject to permitting requirements under 
title V of the Act, the owner or operator of an affected facility must 
submit these reports semiannually).
    (1) A summary of data collected for all pollutants and parameters 
regulated under this subpart, which includes the information specified 
in paragraphs (g)(1)(i) through (g)(1)(v) of this section.
    (i) A list of the particulate matter, opacity, cadmium, lead, 
mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission 
levels achieved during the performance tests recorded under paragraph 
(d)(9) of this section.
    (ii) A list of the highest emission level recorded for sulfur 
dioxide, nitrogen oxides, carbon monoxide, particulate matter, cadmium, 
lead, mercury, hydrogen chloride, and dioxin/furan (for owners and 
operators who elect to continuously monitor particulate matter, cadmium, 
lead, mercury, hydrogen chloride, and dioxin/furan emissions instead of 
conducting performance testing using EPA manual test methods), municipal 
waste combustor unit load level, and particulate matter control device 
inlet temperature based on the data recorded under paragraphs 
(d)(2)(ii)(A) through (d)(2)(ii)(E) of this section.
    (iii) List the highest opacity level measured, based on the data 
recorded under paragraph (d)(2)(i)(A) of this section.
    (iv) Periods when valid data were not obtained as described in 
paragraphs (g)(1)(iv)(A) through (g)(1)(iv)(C) of this section.
    (A) The total number of hours per calendar quarter and hours per 
calendar year that valid data for sulfur dioxide, nitrogen oxides, 
carbon monoxide, municipal waste combustor unit

[[Page 291]]

load, or particulate matter control device temperature data were not 
obtained based on the data recorded under paragraph (d)(6) of this 
section.
    (B) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, and hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, the total number of hours per calendar quarter and hours 
per calendar year that valid data for particulate matter, cadmium, lead, 
mercury, and hydrogen chloride were not obtained based on the data 
recorded under paragraph (d)(6) of this section. For each continuously 
monitored pollutant or parameter, the hours of valid emissions data per 
calendar quarter and per calendar year expressed as a percent of the 
hours per calendar quarter or year that the affected facility was 
operating and combusting municipal solid waste.
    (C) For owners and operators who elect to use continuous automated 
sampling systems for dioxin/furan or mercury, the total number of hours 
per calendar quarter and hours per calendar year that the sampling 
systems were not operating or were not collecting a valid sample based 
on the data recorded under paragraph (d)(6)(vii) of this section. Also, 
the number of hours during which the continuous automated sampling 
system was operating and collecting a valid sample as a percent of hours 
per calendar quarter or year that the affected facility was operating 
and combusting municipal solid waste.
    (v) Periods when valid data were excluded from the calculation of 
average emission concentrations or parameters as described in paragraphs 
(g)(1)(v)(A) through (g)(1)(v)(C) of this section.
    (A) The total number of hours that data for sulfur dioxide, nitrogen 
oxides, carbon monoxide, municipal waste combustor unit load, and 
particulate matter control device temperature were excluded from the 
calculation of average emission concentrations or parameters based on 
the data recorded under paragraph (d)(7) of this section.
    (B) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, the total number of hours that data for particulate 
matter, cadmium, lead, mercury, or hydrogen chloride were excluded from 
the calculation of average emission concentrations or parameters based 
on the data recorded under paragraph (d)(7) of this section.
    (C) For owners and operators who elect to use continuous automated 
sampling systems for dioxin/furan or mercury, the total number of hours 
that data for mercury and dioxin/furan were excluded from the 
calculation of average emission concentrations or parameters based on 
the data recorded under paragraph (d)(7) of this section.
    (2) The summary of data reported under paragraph (g)(1) of this 
section shall also provide the types of data specified in paragraphs 
(g)(1)(i) through (g)(1)(vi) of this section for the calendar year 
preceding the year being reported, in order to provide the Administrator 
with a summary of the performance of the affected facility over a 2-year 
period.
    (3) The summary of data including the information specified in 
paragraphs (g)(1) and (g)(2) of this section shall highlight any 
emission or parameter levels that did not achieve the emission or 
parameter limits specified under this subpart.
    (4) A notification of intent to begin the reduced dioxin/furan 
performance testing schedule specified in Sec. 60.58b(g)(5)(iii) of 
this section during the following calendar year and notification of 
intent to apply the average carbon mass feed rate and associated carbon 
injection system operating parameter levels as established in Sec. 
60.58b(m) to similarly designed and equipped units on site.
    (5) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are off site for more than 12 
hours.
    (h) The owner or operator of an affected facility shall submit a 
semiannual report that includes the information specified in paragraphs 
(h)(1) through (h)(5) of this section for any recorded pollutant or 
parameter that does not comply with the pollutant or parameter limit 
specified under this subpart, according to the schedule

[[Page 292]]

specified under paragraph (h)(6) of this section.
    (1) The semiannual report shall include information recorded under 
paragraph (d)(3) of this section for sulfur dioxide, nitrogen oxides, 
carbon monoxide, particulate matter, cadmium, lead, mercury, hydrogen 
chloride, dioxin/furan (for owners and operators who elect to 
continuously monitor particulate matter, cadmium, lead, mercury, or 
hydrogen chloride, or who elect to use continuous automated sampling 
systems for dioxin/furan or mercury emissions, instead of conducting 
performance testing using EPA manual test methods) municipal waste 
combustor unit load level, particulate matter control device inlet 
temperature, and opacity.
    (2) For each date recorded as required by paragraph (d)(3) of this 
section and reported as required by paragraph (h)(1) of this section, 
the semiannual report shall include the sulfur dioxide, nitrogen oxides, 
carbon monoxide, municipal waste combustor unit load level, particulate 
matter control device inlet temperature, or opacity data, as applicable, 
recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) and 
(d)(2)(i)(A) of this section, as applicable.
    (3) If the test reports recorded under paragraph (d)(9) of this 
section document any particulate matter, opacity, cadmium, lead, 
mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission 
levels that were above the applicable pollutant limits, the semiannual 
report shall include a copy of the test report documenting the emission 
levels and the corrective actions taken.
    (4) The semiannual report shall include the information recorded 
under paragraph (d)(15) of this section for the carbon injection system 
operating parameter(s) that are the primary indicator(s) of carbon mass 
feed rate.
    (5) For each operating date reported as required by paragraph (h)(4) 
of this section, the semiannual report shall include the carbon feed 
rate data recorded under paragraph (d)(4)(iii) of this section.
    (6) Semiannual reports required by paragraph (h) of this section 
shall be submitted according to the schedule specified in paragraphs 
(h)(6)(i) and (h)(6)(ii) of this section.
    (i) If the data reported in accordance with paragraphs (h)(1) 
through (h)(5) of this section were collected during the first calendar 
half, then the report shall be submitted by August 1 following the first 
calendar half.
    (ii) If the data reported in accordance with paragraphs (h)(1) 
through (h)(5) of this section were collected during the second calendar 
half, then the report shall be submitted by February 1 following the 
second calendar half.
    (i) The owner or operator of an air curtain incinerator subject to 
the opacity limit under Sec. 60.56b shall submit the results of the 
initial opacity performance test and all subsequent annual performance 
tests recorded under paragraph (e) of this section. Annual performance 
tests shall be submitted by February 1 of the year following the year of 
the performance test.
    (j) All reports specified under paragraphs (a), (b), (c), (f), (g), 
(h), and (i) of this section shall be submitted as a paper copy, 
postmarked on or before the submittal dates specified under these 
paragraphs, and maintained onsite as a paper copy for a period of 5 
years.
    (k) All records specified under paragraphs (d) and (e) of this 
section shall be maintained onsite in either paper copy or computer-
readable format, unless an alternative format is approved by the 
Administrator.
    (l) If the owner or operator of an affected facility would prefer a 
different annual or semiannual date for submitting the periodic reports 
required by paragraphs (g), (h) and (i) of this section, then the dates 
may be changed by mutual agreement between the owner or operator and the 
Administrator according to the procedures specified in Sec. 60.19(c) of 
subpart A of this part.
    (m) Owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who 
elect to use continuous automated sampling systems for dioxin/furan or 
mercury emissions, instead of conducting performance testing using EPA 
manual test methods must notify the Administrator one month prior to 
starting or stopping use of the particulate matter,

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cadmium, lead, mercury, hydrogen chloride, and dioxin/furan continuous 
emission monitoring systems or continuous automated sampling systems.
    (n) Additional recordkeeping and reporting requirements for affected 
facilities with continuous cadmium, lead, mercury, or hydrogen chloride 
monitoring systems. In addition to complying with the requirements 
specified in paragraphs (a) through (m) of this section, the owner or 
operator of an affected source who elects to install a continuous 
emission monitoring system for cadmium, lead, mercury, or hydrogen 
chloride as specified in Sec. 60.58b(n), shall maintain the records in 
paragraphs (n)(1) through (n)(10) of this section and report the 
information in paragraphs (n)(11) through (n)(12) of this section, 
relevant to the continuous emission monitoring system:
    (1) All required continuous emission monitoring measurements 
(including monitoring data recorded during unavoidable continuous 
emission monitoring system breakdowns and out-of-control periods);
    (2) The date and time identifying each period during which the 
continuous emission monitoring system was inoperative except for zero 
(low-level) and high-level checks;
    (3) The date and time identifying each period during which the 
continuous emission monitoring system was out of control, as defined in 
Sec. 60.58b(o)(4);
    (4) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during startups, shutdowns, and malfunctions of the affected 
source;
    (5) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during periods other than startups, shutdowns, and malfunctions 
of the affected source;
    (6) The nature and cause of any malfunction (if known);
    (7) The corrective action taken to correct any malfunction or 
preventive measures adopted to prevent further malfunctions;
    (8) The nature of the repairs or adjustments to the continuous 
emission monitoring system that was inoperative or out of control;
    (9) All procedures that are part of a quality control program 
developed and implemented for the continuous emission monitoring system 
under Sec. 60.58b(o);
    (10) When more than one continuous emission monitoring system is 
used to measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each continuous emission monitoring system.
    (11) Submit to EPA for approval, the site-specific monitoring plan 
required by Sec. 60.58b(n)(13) and Sec. 60.58b(o), including the site-
specific performance evaluation test plan for the continuous emission 
monitoring system required by Sec. 60.58(b)(o)(5). The owner or 
operator shall maintain copies of the site-specific monitoring plan on 
record for the life of the affected source to be made available for 
inspection, upon request, by the Administrator. If the site-specific 
monitoring plan is revised and approved, the owner or operator shall 
keep previous (i.e., superseded) versions of the plan on record to be 
made available for inspection, upon request, by the Administrator, for a 
period of 5 years after each revision to the plan.
    (12) Submit information concerning all out-of-control periods for 
each continuous emission monitoring system, including start and end 
dates and hours and descriptions of corrective actions taken, in the 
annual or semiannual reports required in paragraphs (g) or (h) of this 
section.
    (o) Additional recordkeeping and reporting requirements for affected 
facilities with continuous automated sampling systems for dioxin/furan 
or mercury monitoring. In addition to complying with the requirements 
specified in paragraphs (a) through (m) of this section, the owner or 
operator of an affected source who elects to install a continuous 
automated sampling system for dioxin/furan or mercury, as specified in 
Sec. 60.58b(p), shall maintain the records

[[Page 294]]

in paragraphs (o)(1) through (o)(10) of this section and report the 
information in (o)(11) and (o)(12) of this section, relevant to the 
continuous automated sampling system:
    (1) All required 24-hour integrated mercury concentration or 2-week 
integrated dioxin/furan concentration data (including any data obtained 
during unavoidable system breakdowns and out-of-control periods);
    (2) The date and time identifying each period during which the 
continuous automated sampling system was inoperative;
    (3) The date and time identifying each period during which the 
continuous automated sampling system was out of control, as defined in 
Sec. 60.58b(q)(4);
    (4) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during startups, shutdowns, and malfunctions of the affected 
source;
    (5) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during periods other than startups, shutdowns, and malfunctions 
of the affected source;
    (6) The nature and cause of any malfunction (if known);
    (7) The corrective action taken to correct any malfunction or 
preventive measures adopted to prevent further malfunctions;
    (8) The nature of the repairs or adjustments to the continuous 
automated sampling system that was inoperative or out of control;
    (9) All procedures that are part of a quality control program 
developed and implemented for the continuous automated sampling system 
under Sec. 60.58b(q);
    (10) When more than one continuous automated sampling system is used 
to measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each system.
    (11) Submit to EPA for approval, the site-specific monitoring plan 
required by Sec. 60.58b(p)(11) and Sec. 60.58b(q) including the site-
specific performance evaluation test plan for the continuous emission 
monitoring system required by Sec. 60.58(b)(q)(5). The owner or 
operator shall maintain copies of the site-specific monitoring plan on 
record for the life of the affected source to be made available for 
inspection, upon request, by the Administrator. If the site-specific 
monitoring plan is revised and approved, the owner or operator shall 
keep previous (i.e., superseded) versions of the plan on record to be 
made available for inspection, upon request, by the Administrator, for a 
period of 5 years after each revision to the plan.
    (12) Submit information concerning all out-of-control periods for 
each continuous automated sampling system, including start and end dates 
and hours and descriptions of corrective actions taken in the annual or 
semiannual reports required in paragraphs (g) or (h) of this section.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45127, Aug. 25, 
1997; 71 FR 27345, May 10, 2006]



  Subpart Ec_Standards of Performance for Hospital/Medical/Infectious 
 Waste Incinerators for Which Construction is Commenced After June 20, 
                                  1996

    Source: 62 FR 48382, Sept. 15, 1997, unless otherwise noted.



Sec. 60.50c  Applicability and delegation of authority.

    (a) Except as provided in paragraphs (b) through (h) of this 
section, the affected facility to which this subpart applies is each 
individual hospital/medical/infectious waste incinerator (HMIWI):
    (1) For which construction is commenced after June 20, 1996 but no 
later than December 1, 2008; or
    (2) For which modification is commenced after March 16, 1998 but no 
later than April 6, 2010.
    (3) For which construction is commenced after December 1, 2008; or

[[Page 295]]

    (4) For which modification is commenced after April 6, 2010.
    (b) A combustor is not subject to this subpart during periods when 
only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste (all defined in Sec. 60.51c) is burned, provided 
the owner or operator of the combustor:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Keeps records on a calendar quarter basis of the periods of time 
when only pathological waste, low-level radioactivewaste and/or 
chemotherapeutic waste is burned.
    (c) Any co-fired combustor (defined in Sec. 60.51c) is not subject 
to this subpart if the owner or operator of the co-fired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides an estimate of the relative amounts of hospital waste, 
medical/infectious waste, and other fuels and wastes to be combusted; 
and
    (3) Keeps records on a calendar quarter basis of the weight of 
hospital waste and medical/infectious waste combusted, and the weight of 
all other fuels and wastes combusted at the co-fired combustor.
    (d) Any combustor required to have a permit under section 3005 of 
the Solid Waste Disposal Act is not subject to this subpart.
    (e) Any combustor which meets the applicability requirements under 
subpart Cb, Ea, or Eb of this part (standards or guidelines for certain 
municipal waste combustors) is not subject to this subpart.
    (f) Any pyrolysis unit (defined in Sec. 60.51c) is not subject to 
this subpart.
    (g) Cement kilns firing hospital waste and/or medical/infectious 
waste are not subject to this subpart.
    (h) Physical or operational changes made to an existing HMIWI solely 
for the purpose of complying with emission guidelines under subpart Ce 
are not considered a modification and do not result in an existing HMIWI 
becoming subject to this subpart.
    (i) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, the following 
authorities shall be retained by the Administrator and not transferred 
to a State:
    (1) The requirements of Sec. 60.56c(i) establishing operating 
parameters when using controls other than those listed in Sec. 
60.56c(d).
    (2) Approval of alternative methods of demonstrating compliance 
under Sec. 60.8 including:
    (i) Approval of CEMS for PM, HCl, multi-metals, and Hg where used 
for purposes of demonstrating compliance,
    (ii) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    (iii) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Waiver of recordkeeping requirements; and
    (5) Performance test and data reduction waivers under Sec. 60.8(b).
    (j) Affected facilities subject to this subpart are not subject to 
the requirements of 40 CFR part 64.
    (i) Approval of CEMS for PM, HCl, multi-metals, and Hg where used 
for purposes of demonstrating compliance,
    (ii) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    (iii) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Waiver of recordkeeping requirements; and
    (5) Performance test and data reduction waivers under Sec. 60.8(b).
    (k) The requirements of this subpart shall become effective March 
16, 1998
    (l) Beginning September 15, 2000, or on the effective date of an 
EPA-approved operating permit program under Clean Air Act title V and 
the implementing regulations under 40 CFR part 70 in the State in which 
the unit is located, whichever date is later, affected facilities 
subject to this subpart shall operate pursuant to a permit issued under 
the EPA approved State operating permit program.
    (m) The requirements of this subpart as promulgated on September 15, 
1997, shall apply to the affected facilities defined in paragraph (a)(1) 
and (2) of this

[[Page 296]]

section until the applicable compliance date of the requirements of 
subpart Ce of this part, as amended on October 6, 2009. Upon the 
compliance date of the requirements of the amended subpart Ce of this 
part, affected facilities as defined in paragraph (a) of this section 
are no longer subject to the requirements of this subpart, but are 
subject to the requirements of subpart Ce of this part, as amended on 
October 6, 2009, except where the emissions limits of this subpart as 
promulgated on September 15, 1997 are more stringent than the emissions 
limits of the amended subpart Ce of this part. Compliance with subpart 
Ce of this part, as amended on October 6, 2009 is required on or before 
the date 3 years after EPA approval of the State plan for States in 
which an affected facility as defined in paragraph (a) of this section 
is located (but not later than the date 5 years after promulgation of 
the amended subpart).
    (n) The requirements of this subpart, as amended on October 6, 2009, 
shall become effective April 6, 2010.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51408, Oct. 6, 2009]



Sec. 60.51c  Definitions.

    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a fabric filter in order to 
detect bag failures. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM 
loadings.
    Batch HMIWI means an HMIWI that is designed such that neither waste 
charging nor ash removal can occur during combustion.
    Biologicals means preparations made from living organisms and their 
products, including vaccines, cultures, etc., intended for use in 
diagnosing, immunizing, or treating humans or animals or in research 
pertaining thereto.
    Blood products means any product derived from human blood, including 
but not limited to blood plasma, platelets, red or white blood 
corpuscles, and other derived licensed products, such as interferon, 
etc.
    Body fluids means liquid emanating or derived from humans and 
limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, 
peritoneal and pericardial fluids; and semen and vaginal secretions.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Co-fired combustor means a unit combusting hospital waste and/or 
medical/infectious waste with other fuels or wastes (e.g., coal, 
municipal solid waste) and subject to an enforceable requirement 
limiting the unit to combusting a fuel feed stream, 10 percent or less 
of the weight of which is comprised, in aggregate, of hospital waste and 
medical/infectious waste as measured on a calendar quarter basis. For 
purposes of this definition, pathological waste, chemotherapeutic waste, 
and low-level radioactive waste are considered ``other'' wastes when 
calculating the percentage of hospital waste and medical/infectious 
waste combusted.
    Commercial HMIWI means a HMIWI which offers incineration services 
for hospital/medical/infectious waste generated offsite by firms 
unrelated to the firm that owns the HMIWI.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an affected facility.
    Continuous HMIWI means an HMIWI that is designed to allow waste 
charging and ash removal during combustion.
    Dioxins/furans means the combined emissions of tetra-through octa-
chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 
Reference Method 23.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gases in the 
HMIWI exhaust stream forming a dry powder material.

[[Page 297]]

    Fabric filter or baghouse means an add-on air pollution control 
system that removes particulate matter (PM) and nonvaporous metals 
emissions by passing flue gas through filter bags.
    Facilities manager means the individual in charge of purchasing, 
maintaining, and operating the HMIWI or the owner's or operator's 
representative responsible for the management of the HMIWI. Alternative 
titles may include director of facilities or vice president of support 
services.
    High-air phase means the stage of the batch operating cycle when the 
primary chamber reaches and maintains maximum operating temperatures.
    Hospital means any facility which has an organized medical staff, 
maintains at least six inpatient beds, and where the primary function of 
the institution is to provide diagnostic and therapeutic patient 
services and continuous nursing care primarily to human inpatients who 
are not related and who stay on average in excess of 24 hours per 
admission. This definition does not include facilities maintained for 
the sole purpose of providing nursing or convalescent care to human 
patients who generally are not acutely ill but who require continuing 
medical supervision.
    Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit 
means any device that combusts any amount of hospital waste and/or 
medical/infectious waste.
    Hospital/medical/infectious waste incinerator operator or HMIWI 
operator means any person who operates, controls or supervises the day-
to-day operation of an HMIWI.
    Hospital waste means discards generated at a hospital, except unused 
items returned to the manufacturer. The definition of hospital waste 
does not include human corpses, remains, and anatomical parts that are 
intended for interment or cremation.
    Infectious agent means any organism (such as a virus or bacteria) 
that is capable of being communicated by invasion and multiplication in 
body tissues and capable of causing disease or adverse health impacts in 
humans.
    Intermittent HMIWI means an HMIWI that is designed to allow waste 
charging, but not ash removal, during combustion.
    Large HMIWI means:
    (1) Except as provided in (2);
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 500 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 500 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day.
    (2) The following are not large HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 500 pounds per hour; or
    (ii) A batch HMIWI whose maximum charge rate is less than or equal 
to 4,000 pounds per day.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions. During periods of malfunction the operator shall 
operate within established parameters as much as possible, and 
monitoring of all applicable operating parameters shall continue until 
all waste has been combusted or until the malfunction ceases, whichever 
comes first.
    Maximum charge rate means:
    (1) For continuous and intermittent HMIWI, 110 percent of the lowest 
3-hour average charge rate measured during the most recent performance 
test demonstrating compliance with all applicable emission limits.
    (2) For batch HMIWI, 110 percent of the lowest daily charge rate 
measured during the most recent performance

[[Page 298]]

test demonstrating compliance with all applicable emission limits.
    Maximum design waste burning capacity means:
    (1) For intermittent and continuous HMIWI,

C=PV x 15,000/8,500

Where:

C=HMIWI capacity, lb/hr
PV=primary chamber volume, ft\3\
15,000=primary chamber heat release rate factor, Btu/ft\3\/hr
8,500=standard waste heating value, Btu/lb;

    (2) For batch HMIWI,

C=PV x 4.5/8

Where:

C=HMIWI capacity, lb/hr
PV=primary chamber volume, ft\3\
4.5=waste density, lb/ft\3\
8=typical hours of operation of a batch HMIWI, hours.

    Maximum fabric filter inlet temperature means 110 percent of the 
lowest 3-hour average temperature at the inlet to the fabric filter 
(taken, at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with the dioxin/furan emission 
limit.
    Maximum flue gas temperature means 110 percent of the lowest 3-hour 
average temperature at the outlet from the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the mercury (Hg) emission limit.
    Medical/infectious waste means any waste generated in the diagnosis, 
treatment, or immunization of human beings or animals, in research 
pertaining thereto, or in the production or testing of biologicals that 
is listed in paragraphs (1) through (7) of this definition. The 
definition of medical/infectious waste does not include hazardous waste 
identified or listed under the regulations in part 261 of this chapter; 
household waste, as defined in Sec. 261.4(b)(1) of this chapter; ash 
from incineration of medical/infectious waste, once the incineration 
process has been completed; human corpses, remains, and anatomical parts 
that are intended for interment mation; and domestic sewage materials 
identified in Sec. 261.4(a)(1) of this chapter.
    (1) Cultures and stocks of infectious agents and associated 
biologicals, including: cultures from medical and pathological 
laboratories; cultures and stocks of infectious agents from research and 
industrial laboratories; wastes from the production of biologicals; 
discarded live and attenuated vaccines; and culture dishes and devices 
used to transfer, inoculate, and mix cultures.
    (2) Human pathological waste, including tissues, organs, and body 
parts and body fluids that are removed during surgery or autopsy, or 
other medical procedures, and specimens of body fluids and their 
containers.
    (3) Human blood and blood products including:
    (i) Liquid waste human blood;
    (ii) Products of blood;
    (iii) Items saturated and/or dripping with human blood; or
    (iv) Items that were saturated and/or dripping with human blood that 
are now caked with dried human blood; including serum, plasma, and other 
blood components, and their containers, which were used or intended for 
use in either patient care, testing and laboratory analysis or the 
development of pharmaceuticals. Intravenous bags are also include in 
this category.
    (4) Sharps that have been used in animal or human patient care or 
treatment or in medical, research, or industrial laboratories, including 
hypodermic needles, syringes (with or without the attached needle), 
pasteur pipettes, scalpel blades, blood vials, needles with attached 
tubing, and culture dishes (regardless of presence of infectious 
agents). Also included are other types of broken or unbroken glassware 
that were in contact with infectious agents, such as used slides and 
cover slips.
    (5) Animal waste including contaminated animal carcasses, body 
parts, and bedding of animals that were known to have been exposed to 
infectious agents during research (including research in veterinary 
hospitals), production of biologicals or testing of pharmaceuticals.
    (6) Isolation wastes including biological waste and discarded 
materials contaminated with blood, excretions, exudates, or secretions 
from humans

[[Page 299]]

who are isolated to protect others from certain highly communicable 
diseases, or isolated animals known to be infected with highly 
communicable diseases.
    (7) Unused sharps including the following unused, discarded sharps: 
hypodermic needles, suture needles, syringes, and scalpel blades.
    Medium HMIWI means:
    (1) Except as provided in paragraph (2);
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 200 pounds per hour but less than or equal to 500 pounds per hour; 
or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour but less than or equal to 500 pounds per 
hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day but less than or equal to 4,000 pounds per day.
    (2) The following are not medium HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour or more than 500 pounds per 
hour; or
    (ii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day or less than or equal to 1,600 pounds per day.
    Minimum dioxin/furan sorbent flow rate means 90 percent of the 
highest 3-hour average dioxin/furan sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the dioxin/furan emission limit.
    Minimum Hg sorbent flow rate means 90 percent of the highest 3-hour 
average Hg sorbent flow rate (taken, at a minimum, once every hour) 
measured during the most recent performance test demonstrating 
compliance with the Hg emission limit.
    Minimum hydrogen chloride (HCl) sorbent flow rate means 90 percent 
of the highest 3-hour average HCl sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the HCl emission limit.
    Minimum horsepower or amperage means 90 percent of the highest 3-
hour average horsepower or amperage to the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the applicable emission limits.
    Minimum pressure drop across the wet scrubber means 90 percent of 
the highest 3-hour average pressure drop across the wet scrubber PM 
control device (taken, at a minimum, once every minute) measured during 
the most recent performance test demonstrating compliance with the PM 
emission limit.
    Minimum reagent flow rate means 90 percent of the highest 3-hour 
average reagent flow rate at the inlet to the selective noncatalytic 
reduction technology (taken, at a minimum, once every minute) measured 
during the most recent performance test demonstrating compliance with 
the NOX emissions limit.
    Minimum scrubber liquor flow rate means 90 percent of the highest 3-
hour average liquor flow rate at the inlet to the wet scrubber (taken, 
at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limits.
    Minimum scrubber liquor pH means 90 percent of the highest 3-hour 
average liquor pH at the inlet to the wet scrubber (taken, at a minimum, 
once every minute) measured during the most recent performance test 
demonstrating compliance with the HCl emission limit.
    Minimum secondary chamber temperature means 90 percent of the 
highest 3-hour average secondary chamber temperature (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the PM, CO, dioxin/furan, and 
NOX emissions limits.
    Modification or Modified HMIWI means any change to an HMIWI unit 
after the effective date of these standards such that:
    (1) The cumulative costs of the modifications, over the life of the 
unit, exceed 50 per centum of the original cost of the construction and 
installation of

[[Page 300]]

the unit (not including the cost of any land purchased in connection 
with such construction or installation) updated to current costs, or
    (2) The change involves a physical change in or change in the method 
of operation of the unit which increases the amount of any air pollutant 
emitted by the unit for which standards have been established under 
section 129 or section 111.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of hospital waste or medical/
infectious waste is combusted at any time in the HMIWI.
    Operation means the period during which waste is combusted in the 
incinerator excluding periods of startup or shutdown.
    Particulate matter or PM means the total particulate matter emitted 
from an HMIWI as measured by EPA Reference Method 5 or EPA Reference 
Method 29.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Primary chamber means the chamber in an HMIWI that receives waste 
material, in which the waste is ignited, and from which ash is removed.
    Pyrolysis means the endothermic gasification of hospital waste and/
or medical/infectious waste using external energy.
    Secondary chamber means a component of the HMIWI that receives 
combustion gases from the primary chamber and in which the combustion 
process is completed.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous HMIWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent HMIWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch HMIWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    Small HMIWI means:
    (1) Except as provided in (2);
    (i) An HMIWI whose maximum design waste burning capacity is less 
than or equal to 200 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is less than or equal 
to 1,600 pounds per day.
    (2) The following are not small HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour;
    (ii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Startup means the period of time between the activation of the 
system and the first charge to the unit. For batch HMIWI, startup means 
the period of time between activation of the system and ignition of the 
waste.
    Wet scrubber means an add-on air pollution control device that 
utilizes an alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51408, Oct. 6, 2009]



Sec. 60.52c  Emission limits.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility shall 
cause to be discharged into the atmosphere:
    (1) From an affected facility as defined in Sec. 60.50c(a)(1) and 
(2), any gases that contain stack emissions in excess of the limits 
presented in Table 1A to this subpart.
    (2) From an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), any gases that contain stack emissions in excess of the limits 
presented in Table 1B to this subpart.
    (b) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first,

[[Page 301]]

no owner or operator of an affected facility shall cause to be 
discharged into the atmosphere:
    (1) From an affected facility as defined in Sec. 60.50c(a)(1) and 
(2), any gases that exhibit greater than 10 percent opacity (6-minute 
block average).
    (2) From an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), any gases that exhibit greater than 6 percent opacity (6-minute 
block average).
    (c) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, no owner or operator of an affected facility as 
defined in Sec. 60.50c(a)(1) and (2) and utilizing a large HMIWI, and 
in Sec. 60.50c(a)(3) and (4), shall cause to be discharged into the 
atmosphere visible emissions of combustion ash from an ash conveying 
system (including conveyor transfer points) in excess of 5 percent of 
the observation period (i.e., 9 minutes per 3-hour period), as 
determined by EPA Reference Method 22 of appendix A-1 of this part, 
except as provided in paragraphs (d) and (e) of this section.
    (d) The emission limit specified in paragraph (c) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit does 
cover visible emissions discharged to the atmosphere from buildings or 
enclosures of ash conveying systems.
    (e) The provisions specified in paragraph (c) of this section do not 
apply during maintenance and repair of ash conveying systems. 
Maintenance and/or repair shall not exceed 10 operating days per 
calendar quarter unless the owner or operator obtains written approval 
from the State agency establishing a date whereby all necessary 
maintenance and repairs of ash conveying systems shall be completed.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51409, Oct. 6, 2009]



Sec. 60.53c  Operator training and qualification requirements.

    (a) No owner or operator of an affected facility shall allow the 
affected facility to operate at any time unless a fully trained and 
qualified HMIWI operator is accessible, either at the facility or 
available within 1 hour. The trained and qualified HMIWI operator may 
operate the HMIWI directly or be the direct supervisor of one or more 
HMIWI operators.
    (b) Operator training and qualification shall be obtained through a 
State-approved program or by completing the requirements included in 
paragraphs (c) through (g) of this section.
    (c) Training shall be obtained by completing an HMIWI operator 
training course that includes, at a minimum, the following provisions:
    (1) 24 hours of training on the following subjects:
    (i) Environmental concerns, including pathogen destruction and types 
of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the type of incinerator to be used by the 
operator, including proper startup, waste charging, and shutdown 
procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (vi) Methods to monitor pollutants (continuous emission monitoring 
systems and monitoring of HMIWI and air pollution control device 
operating parameters) and equipment calibration procedures (where 
applicable);
    (vii) Inspection and maintenance of the HMIWI, air pollution control 
devices, and continuous emission monitoring systems;
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction;
    (ix) Bottom and fly ash characteristics and handling procedures;
    (x) Applicable Federal, State, and local regulations;
    (xi) Work safety procedures;
    (xii) Pre-startup inspections; and
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Reference material distributed to the attendees covering the 
course topics.
    (d) Qualification shall be obtained by:

[[Page 302]]

    (1) Completion of a training course that satisfies the criteria 
under paragraph (c) of this section; and
    (2) Either 6 months experience as an HMIWI operator, 6 months 
experience as a direct supervisor of an HMIWI operator, or completion of 
at least two burn cycles under the observation of two qualified HMIWI 
operators.
    (e) Qualification is valid from the date on which the examination is 
passed or the completion of the required experience, whichever is later.
    (f) To maintain qualification, the trained and qualified HMIWI 
operator shall complete and pass an annual review or refresher course of 
at least 4 hours covering, at a minimum, the following:
    (1) Update of regulations;
    (2) Incinerator operation, including startup and shutdown 
procedures;
    (3) Inspection and maintenance;
    (4) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (5) Discussion of operating problems encountered by attendees.
    (g) A lapsed qualification shall be renewed by one of the following 
methods:
    (1) For a lapse of less than 3 years, the HMIWI operator shall 
complete and pass a standard annual refresher course described in 
paragraph (f) of this section.
    (2) For a lapse of 3 years or more, the HMIWI operator shall 
complete and pass a training course with the minimum criteria described 
in paragraph (c) of this section.
    (h) The owner or operator of an affected facility shall maintain 
documentation at the facility that address the following:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an HMIWI;
    (3) Procedures for receiving, handling, and charging waste;
    (4) HMIWI startup, shutdown, and malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the HMIWI and associated air pollution 
control systems within the standards established under this subpart;
    (7) Procedures for responding to periodic malfunction or conditions 
that may lead to malfunction;
    (8) Procedures for monitoring HMIWI emissions;
    (9) Reporting and recordkeeping procedures; and
    (10) Procedures for handling ash.
    (i) The owner or operator of an affected facility shall establish a 
program for reviewing the information listed in paragraph (h) of this 
section annually with each HMIWI operator (defined in Sec. 60.51c).
    (1) The initial review of the information listed in paragraph (h) of 
this section shall be conducted within 6 months after the effective date 
of this subpart or prior to assumption of responsibilities affecting 
HMIWI operation, whichever date is later.
    (2) Subsequent reviews of the information listed in paragraph (h) of 
this section shall be conducted annually.
    (j) The information listed in paragraph (h) of this section shall be 
kept in a readily accessible location for all HMIWI operators. This 
information, along with records of training shall be available for 
inspection by the EPA or its delegated enforcement agent upon request.



Sec. 60.54c  Siting requirements.

    (a) The owner or operator of an affected facility for which 
construction is commenced after September 15, 1997 shall prepare an 
analysis of the impacts of the affected facility. The analysis shall 
consider air pollution control alternatives that minimize, on a site-
specific basis, to the maximum extent practicable, potential risks to 
public health or the environment. In considering such alternatives, the 
analysis may consider costs, energy impacts, non-air environmental 
impacts, or any other factors related to the practicability of the 
alternatives.
    (b) Analyses of facility impacts prepared to comply with State, 
local, or other Federal regulatory requirements may be used to satisfy 
the requirements of this section, as long as they include the 
consideration of air pollution control alternatives specified in 
paragraph (a) of this section.

[[Page 303]]

    (c) The owner or operator of the affected facility shall complete 
and submit the siting requirements of this section as required under 
Sec. 60.58c(a)(1)(iii).



Sec. 60.55c  Waste management plan.

    The owner or operator of an affected facility shall prepare a waste 
management plan. The waste management plan shall identify both the 
feasibility and the approach to separate certain components of solid 
waste from the health care waste stream in order to reduce the amount of 
toxic emissions from incinerated waste. A waste management plan may 
include, but is not limited to, elements such as segregation and 
recycling of paper, cardboard, plastics, glass, batteries, food waste, 
and metals (e.g., aluminum cans, metals-containing devices); segregation 
of non-recyclable wastes (e.g., polychlorinated biphenyl-containing 
waste, pharmaceutical waste, and mercury-containing waste, such as 
dental waste); and purchasing recycled or recyclable products. A waste 
management plan may include different goals or approaches for different 
areas or departments of the facility and need not include new waste 
management goals for every waste stream. It should identify, where 
possible, reasonably available additional waste management measures, 
taking into account the effectiveness of waste management measures 
already in place, the costs of additional measures, the emissions 
reductions expected to be achieved, and any other environmental or 
energy impacts they might have. The American Hospital Association 
publication entitled ``An Ounce of Prevention: Waste Reduction 
Strategies for Health Care Facilities'' (incorporated by reference, see 
Sec. 60.17) shall be considered in the development of the waste 
management plan. The owner or operator of each commercial HMIWI company 
shall conduct training and education programs in waste segregation for 
each of the company's waste generator clients and ensure that each 
client prepares its own waste management plan that includes, but is not 
limited to, the provisions listed previously in this section.

[74 FR 51409, Oct. 6, 2009]



Sec. 60.56c  Compliance and performance testing.

    (a) The emissions limits apply at all times.
    (b) The owner or operator of an affected facility as defined in 
Sec. 60.50c(a)(1) and (2), shall conduct an initial performance test as 
required under Sec. 60.8 to determine compliance with the emissions 
limits using the procedures and test methods listed in paragraphs (b)(1) 
through (b)(6) and (b)(9) through (b)(14) of this section. The owner or 
operator of an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), shall conduct an initial performance test as required under Sec. 
60.8 to determine compliance with the emissions limits using the 
procedures and test methods listed in paragraphs (b)(1) through (b)(14). 
The use of the bypass stack during a performance test shall invalidate 
the performance test.
    (1) All performance tests shall consist of a minimum of three test 
runs conducted under representative operating conditions.
    (2) The minimum sample time shall be 1 hour per test run unless 
otherwise indicated.
    (3) EPA Reference Method 1 of appendix A of this part shall be used 
to select the sampling location and number of traverse points.
    (4) EPA Reference Method 3, 3A, or 3B of appendix A-2 of this part 
shall be used for gas composition analysis, including measurement of 
oxygen concentration. EPA Reference Method 3, 3A, or 3B of appendix A-2 
of this part shall be used simultaneously with each of the other EPA 
reference methods. As an alternative to EPA Reference Method 3B, ASME 
PTC-19-10-1981-Part 10 may be used (incorporated by reference, see Sec. 
60.17).
    (5) The pollutant concentrations shall be adjusted to 7 percent 
oxygen using the following equation:

Cadj=Cmeas (20.9-7)/(20.9-%O2)

where:

Cadj=pollutant concentration adjusted to 7 percent oxygen;
Cmeas=pollutant concentration measured on a dry basis (20.9-
7)=20.9 percent oxygen--7 percent oxygen (defined oxygen correction 
basis);
20.9=oxygen concentration in air, percent; and

[[Page 304]]

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

    (6) EPA Reference Method 5 of appendix A-3 or Method 26A or Method 
29 of appendix A-8 of this part shall be used to measure the particulate 
matter emissions. As an alternative, PM CEMS may be used as specified in 
paragraph (c)(5) of this section.
    (7) EPA Reference Method 7 or 7E of appendix A-4 of this part shall 
be used to measure NOX emissions.
    (8) EPA Reference Method 6 or 6C of appendix A-4 of this part shall 
be used to measure SO2 emissions.
    (9) EPA Reference Method 9 of appendix A-4 of this part shall be 
used to measure stack opacity. As an alternative, demonstration of 
compliance with the PM standards using bag leak detection systems as 
specified in Sec. 60.57c(h) or PM CEMS as specified in paragraph (c)(5) 
of this section is considered demonstrative of compliance with the 
opacity requirements.
    (10) EPA Reference Method 10 or 10B of appendix A-4 of this part 
shall be used to measure the CO emissions. As specified in paragraph 
(c)(4) of this section, use of CO CEMS are required for affected 
facilities under Sec. 60.50c(a)(3) and (4).
    (11) EPA Reference Method 23 of appendix A-7 of this part shall be 
used to measure total dioxin/furan emissions. As an alternative, an 
owner or operator may elect to sample dioxins/furans by installing, 
calibrating, maintaining, and operating a continuous automated sampling 
system for monitoring dioxin/furan emissions as specified in paragraph 
(c)(6) of this section. For Method 23 of appendix A-7 sampling, the 
minimum sample time shall be 4 hours per test run. If the affected 
facility has selected the toxic equivalency standards for dioxins/
furans, under Sec. 60.52c, the following procedures shall be used to 
determine compliance:
    (i) Measure the concentration of each dioxin/furan tetra-through 
octa-congener emitted using EPA Reference Method 23.
    (ii) For each dioxin/furan congener measured in accordance with 
paragraph (b)(9)(i) of this section, multiply the congener concentration 
by its corresponding toxic equivalency factor specified in table 2 of 
this subpart.
    (iii) Sum the products calculated in accordance with paragraph 
(b)(9)(ii) of this section to obtain the total concentration of dioxins/
furans emitted in terms of toxic equivalency.
    (12) EPA Reference Method 26 or 26A of appendix A-8 of this part 
shall be used to measure HCl emissions. As an alternative, HCl CEMS may 
be used as specified in paragraph (c)(5) of this section.
    (13) EPA Reference Method 29 of appendix A-8 of this part shall be 
used to measure Pb, Cd, and Hg emissions. As an alternative, Hg 
emissions may be measured using ASTM D6784-02 (incorporated by 
reference, see Sec. 60.17). As an alternative for Pb, Cd, and Hg, 
multi-metals CEMS or Hg CEMS, may be used as specified in paragraph 
(c)(5) of this section. As an alternative, an owner or operator may 
elect to sample Hg by installing, calibrating, maintaining, and 
operating a continuous automated sampling system for monitoring Hg 
emissions as specified in paragraph (c)(7) of this section.
    (14) The EPA Reference Method 22 of appendix A-7 of this part shall 
be used to determine compliance with the fugitive ash emissions limit 
under Sec. 60.52c(c). The minimum observation time shall be a series of 
three 1-hour observations.
    (c) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, the owner or operator of an affected facility shall:
    (1) Determine compliance with the opacity limit by conducting an 
annual performance test (no more than 12 months following the previous 
performance test) using the applicable procedures and test methods 
listed in paragraph (b) of this section.
    (2) Except as provided in paragraphs (c)(4) and (c)(5) of this 
section, determine compliance with the PM, CO, and HCl emissions limits 
by conducting an annual performance test (no more than 12 months 
following the previous performance test) using the applicable procedures 
and test methods listed in paragraph (b) of this section. If all three 
performance tests over a 3-year period indicate compliance with the 
emissions limit for a pollutant (PM,

[[Page 305]]

CO, or HCl), the owner or operator may forego a performance test for 
that pollutant for the subsequent 2 years. At a minimum, a performance 
test for PM, CO, and HCl shall be conducted every third year (no more 
than 36 months following the previous performance test). If a 
performance test conducted every third year indicates compliance with 
the emissions limit for a pollutant (PM, CO, or HCl), the owner or 
operator may forego a performance test for that pollutant for an 
additional 2 years. If any performance test indicates noncompliance with 
the respective emissions limit, a performance test for that pollutant 
shall be conducted annually until all annual performance tests over a 3-
year period indicate compliance with the emissions limit. The use of the 
bypass stack during a performance test shall invalidate the performance 
test.
    (3) For an affected facility as defined in Sec. 60.50c(a)(1) and 
(2) and utilizing a large HMIWI, and in Sec. 60.50c(a)(3) and (4), 
determine compliance with the visible emissions limits for fugitive 
emissions from flyash/bottom ash storage and handling by conducting a 
performance test using EPA Reference Method 22 of appendix A-7 on an 
annual basis (no more than 12 months following the previous performance 
test).
    (4) For an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), determine compliance with the CO emissions limit using a CO CEMS 
according to paragraphs (c)(4)(i) through (c)(4)(iii) of this section:
    (i) Determine compliance with the CO emissions limit using a 24-hour 
block average, calculated as specified in section 12.4.1 of EPA 
Reference Method 19 of appendix A-7 of this part.
    (ii) Operate the CO CEMS in accordance with the applicable 
procedures under appendices B and F of this part.
    (iii) Use of a CO CEMS may be substituted for the CO annual 
performance test and minimum secondary chamber temperature to 
demonstrate compliance with the CO emissions limit.
    (5) Facilities using CEMS to demonstrate compliance with any of the 
emissions limits under Sec. 60.52c shall:
    (i) For an affected facility as defined in Sec. 60.50c(a)(1) and 
(2), determine compliance with the appropriate emissions limit(s) using 
a 12-hour rolling average, calculated each hour as the average of the 
previous 12 operating hours.
    (ii) For an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), determine compliance with the appropriate emissions limit(s) using 
a 24-hour block average, calculated as specified in section 12.4.1 of 
EPA Reference Method 19 of appendix A-7 of this part.
    (iii) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part. For those CEMS for which 
performance specifications have not yet been promulgated (HCl, multi-
metals), this option for an affected facility as defined in Sec. 
60.50c(a)(3) and (4) takes effect on the date a final performance 
specification is published in the Federal Register or the date of 
approval of a site-specific monitoring plan.
    (iv) For an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), be allowed to substitute use of an HCl CEMS for the HCl annual 
performance test, minimum HCl sorbent flow rate, and minimum scrubber 
liquor pH to demonstrate compliance with the HCl emissions limit.
    (v) For an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), be allowed to substitute use of a PM CEMS for the PM annual 
performance test and minimum pressure drop across the wet scrubber, if 
applicable, to demonstrate compliance with the PM emissions limit.
    (6) An affected facility as defined in Sec. 60.50c(a)(3) and (4) 
using a continuous automated sampling system to demonstrate compliance 
with the dioxin/furan emissions limits under Sec. 60.52c shall record 
the output of the system and analyze the sample according to EPA 
Reference Method 23 of appendix A-7 of this part. This option to use a 
continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from monitors is 
published in the Federal Register or the date of approval of a site-
specific monitoring plan. The owner or operator of an affected facility 
as defined in Sec. 60.50c(a)(3) and (4) who elects to continuously 
sample dioxin/furan emissions instead of sampling and testing using EPA 
Reference Method 23 of appendix A-7 shall

[[Page 306]]

install, calibrate, maintain, and operate a continuous automated 
sampling system and shall comply with the requirements specified in 
Sec. 60.58b(p) and (q) of subpart Eb of this part.
    (7) An affected facility as defined in Sec. 60.50c(a)(3) and (4) 
using a continuous automated sampling system to demonstrate compliance 
with the Hg emissions limits under Sec. 60.52c shall record the output 
of the system and analyze the sample at set intervals using any suitable 
determinative technique that can meet appropriate performance criteria. 
This option to use a continuous automated sampling system takes effect 
on the date a final performance specification applicable to Hg from 
monitors is published in the Federal Register or the date of approval of 
a site-specific monitoring plan. The owner or operator of an affected 
facility as defined in Sec. 60.50c(a)(3) and (4) who elects to 
continuously sample Hg emissions instead of sampling and testing using 
EPA Reference Method 29 of appendix A-8 of this part, or an approved 
alternative method for measuring Hg emissions, shall install, calibrate, 
maintain, and operate a continuous automated sampling system and shall 
comply with the requirements specified in Sec. 60.58b(p) and (q) of 
subpart Eb of this part.
    (d) Except as provided in paragraphs (c)(4) through (c)(7) of this 
section, the owner or operator of an affected facility equipped with a 
dry scrubber followed by a fabric filter, a wet scrubber, or a dry 
scrubber followed by a fabric filter and wet scrubber shall:
    (1) Establish the appropriate maximum and minimum operating 
parameters, indicated in table 3 of this subpart for each control 
system, as site specific operating parameters during the initial 
performance test to determine compliance with the emission limits; and
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, ensure that the affected facility does not operate 
above any of the applicable maximum operating parameters or below any of 
the applicable minimum operating parameters listed in table 3 of this 
subpart and measured as 3-hour rolling averages (calculated each hour as 
the average of the previous 3 operating hours) at all times except 
during periods of startup, shutdown and malfunction. Operating parameter 
limits do not apply during performance tests. Operation above the 
established maximum or below the established minimum operating 
parameter(s) shall constitute a violation of established operating 
parameter(s).
    (e) Except as provided in paragraph (i) of this section, for 
affected facilities equipped with a dry scrubber followed by a fabric 
filter:
    (1) Operation of the affected facility above the maximum charge rate 
and below the minimum secondary chamber temperature (each measured on a 
3-hour rolling average) simultaneously shall constitute a violation of 
the CO emission limit.
    (2) Operation of the affected facility above the maximum fabric 
filter inlet temperature, above the maximum charge rate, and below the 
minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the 
dioxin/furan emission limit.
    (3) Operation of the affected facility above the maximum charge rate 
and below the minimum HCl sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the HCl 
emission limit.
    (4) Operation of the affected facility above the maximum charge rate 
and below the minimum Hg sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the Hg 
emission limit.
    (5) Use of the bypass stack shall constitute a violation of the PM, 
dioxin/furan, HCl, Pb, Cd and Hg emissions limits.
    (6) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the CO emissions limit as measured by the CO 
CEMS specified in paragraph (c)(4) of this section shall constitute a 
violation of the CO emissions limit.
    (7) For an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), failure to initiate corrective action within 1 hour of a bag leak 
detection system alarm; or

[[Page 307]]

failure to operate and maintain the fabric filter such that the alarm is 
not engaged for more than 5 percent of the total operating time in a 6-
month block reporting period shall constitute a violation of the PM 
emissions limit. If inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted. If corrective 
action is required, each alarm is counted as a minimum of 1 hour. If it 
takes longer than 1 hour to initiate corrective action, the alarm time 
is counted as the actual amount of time taken to initiate corrective 
action. If the bag leak detection system is used to demonstrate 
compliance with the opacity limit, this would also constitute a 
violation of the opacity emissions limit.
    (8) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emissions 
limit as measured by the CEMS specified in paragraph (c)(5) of this 
section shall constitute a violation of the applicable emissions limit.
    (9) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the dioxin/furan emissions limit as measured 
by the continuous automated sampling system specified in paragraph 
(c)(6) of this section shall constitute a violation of the dioxin/furan 
emissions limit.
    (10) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the Hg emissions limit as measured by the 
continuous automated sampling system specified in paragraph (c)(7) of 
this section shall constitute a violation of the Hg emissions limit.
    (f) Except as provided in paragraph (i) of this section, for 
affected facilities equipped with a wet scrubber:
    (1) Operation of the affected facility above the maximum charge rate 
and below the minimum pressure drop across the wet scrubber or below the 
minimum horsepower or amperage to the system (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the PM 
emission limit.
    (2) Operation of the affected facility above the maximum charge rate 
and below the minimum secondary chamber temperature (each measured on a 
3-hour rolling average) simultaneously shall constitute a violation of 
the CO emission limit.
    (3) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature, and below the 
minimum scrubber liquor flow rate (each measured on a 3-hour rolling 
average) simultaneously shall constitute a violation of the dioxin/furan 
emission limit.
    (4) Operation of the affected facility above the maximum charge rate 
and below the minimum scrubber liquor pH (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the HCl 
emission limit.
    (5) Operation of the affected facility above the maximum flue gas 
temperature and above the maximum charge rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the Hg 
emission limit.
    (6) Use of the bypass stack shall constitute a violation of the PM, 
dioxin/furan, HCl, Pb, Cd and Hg emissions limits.
    (7) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the CO emissions limit as measured by the CO 
CEMS specified in paragraph (c)(4) of this section shall constitute a 
violation of the CO emissions limit.
    (8) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emissions 
limit as measured by the CEMS specified in paragraph (c)(5) of this 
section shall constitute a violation of the applicable emissions limit.
    (9) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the dioxin/furan emissions limit as measured 
by the continuous automated sampling system specified in paragraph 
(c)(6) of this section shall constitute a violation of the dioxin/furan 
emissions limit.
    (10) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the Hg emissions limit as measured by the 
continuous automated sampling system specified in paragraph (c)(7) of 
this section shall constitute a violation of the Hg emissions limit.
    (g) Except as provided in paragraph (i) of this section, for 
affected facilities equipped with a dry scrubber followed by a fabric 
filter and a wet scrubber:

[[Page 308]]

    (1) Operation of the affected facility above the maximum charge rate 
and below the minimum secondary chamber temperature (each measured on a 
3-hour rolling average) simultaneously shall constitute a violation of 
the CO emission limit.
    (2) Operation of the affected facility above the maximum fabric 
filter inlet temperature, above the maximum charge rate, and below the 
minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the 
dioxin/furan emission limit.
    (3) Operation of the affected facility above the maximum charge rate 
and below the minimum scrubber liquor pH (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the HCl 
emission limit.
    (4) Operation of the affected facility above the maximum charge rate 
and below the minimum Hg sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the Hg 
emission limit.
    (5) Use of the bypass stack shall constitute a violation of the PM, 
dioxin/furan, HCl, Pb, Cd and Hg emissions limits.
    (6) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the CO emissions limit as measured by the CO 
CEMS specified in paragraph (c)(4) of this section shall constitute a 
violation of the CO emissions limit.
    (7) For an affected facility as defined in Sec. 60.50c(a)(3) and 
(4), failure to initiate corrective action within 1 hour of a bag leak 
detection system alarm; or failure to operate and maintain the fabric 
filter such that the alarm is not engaged for more than 5 percent of the 
total operating time in a 6-month block reporting period shall 
constitute a violation of the PM emissions limit. If inspection of the 
fabric filter demonstrates that no corrective action is required, no 
alarm time is counted. If corrective action is required, each alarm is 
counted as a minimum of 1 hour. If it takes longer than 1 hour to 
initiate corrective action, the alarm time is counted as the actual 
amount of time taken to initiate corrective action. If the bag leak 
detection system is used to demonstrate compliance with the opacity 
limit, this would also constitute a violation of the opacity emissions 
limit.
    (8) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emissions 
limit as measured by the CEMS specified in paragraph (c)(5) of this 
section shall constitute a violation of the applicable emissions limit.
    (9) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the dioxin/furan emissions limit as measured 
by the continuous automated sampling system specified in paragraph 
(c)(6) of this section shall constitute a violation of the dioxin/furan 
emissions limit.
    (10) Operation of the affected facility as defined in Sec. 
60.50c(a)(3) and (4) above the Hg emissions limit as measured by the 
continuous automated sampling system specified in paragraph (c)(7) of 
this section shall constitute a violation of the Hg emissions limit.
    (h) The owner or operator of an affected facility as defined in 
Sec. 60.50c(a)(3) and (4) equipped with selective noncatalytic 
reduction technology shall:
    (1) Establish the maximum charge rate, the minimum secondary chamber 
temperature, and the minimum reagent flow rate as site specific 
operating parameters during the initial performance test to determine 
compliance with the emissions limits;
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature or the minimum reagent flow rate measured as 3-hour rolling 
averages (calculated each hour as the average of the previous 3 
operating hours) at all times. Operating parameter limits do not apply 
during performance tests.
    (3) Except as provided in paragraph (i) of this section, operation 
of the affected facility above the maximum charge rate, below the 
minimum secondary chamber temperature, and below the minimum reagent 
flow rate simultaneously shall constitute a violation of the 
NOX emissions limit.

[[Page 309]]

    (i) The owner or operator of an affected facility may conduct a 
repeat performance test within 30 days of violation of applicable 
operating parameter(s) to demonstrate that the affected facility is not 
in violation of the applicable emissions limit(s). Repeat performance 
tests conducted pursuant to this paragraph shall be conducted using the 
identical operating parameters that indicated a violation under 
paragraph (e), (f), (g), or (h) of this section.
    (j) The owner or operator of an affected facility using an air 
pollution control device other than a dry scrubber followed by a fabric 
filter, a wet scrubber, a dry scrubber followed by a fabric filter and a 
wet scrubber, or selective noncatalytic reduction technology to comply 
with the emissions limits under Sec. 60.52c shall petition the 
Administrator for other site-specific operating parameters to be 
established during the initial performance test and continuously 
monitored thereafter. The owner or operator shall not conduct the 
initial performance test until after the petition has been approved by 
the Administrator.
    (k) The owner or operator of an affected facility may conduct a 
repeat performance test at any time to establish new values for the 
operating parameters. The Administrator may request a repeat performance 
test at any time.

[62 FR 48382, Sept. 15, 1997, as amended at 65 FR 61753, Oct. 17, 2000; 
74 FR 51409, Oct. 6, 2009]



Sec. 60.57c  Monitoring requirements.

    (a) Except as provided in Sec. 60.56c(c)(4) through (c)(7), the 
owner or operator of an affected facility shall install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the applicable maximum and minimum 
operating parameters listed in Table 3 to this subpart (unless CEMS are 
used as a substitute for certain parameters as specified) such that 
these devices (or methods) measure and record values for these operating 
parameters at the frequencies indicated in Table 3 of this subpart at 
all times.
    (b) The owner or operator of an affected facility as defined in 
Sec. 60.50c(a)(3) and (4) that uses selective noncatalytic reduction 
technology shall install, calibrate (to manufacturers' specifications), 
maintain, and operate devices (or establish methods) for monitoring the 
operating parameters listed in Sec. 60.56c(h) such that the devices (or 
methods) measure and record values for the operating parameters at all 
times. Operating parameter values shall be measured and recorded at the 
following minimum frequencies:
    (1) Maximum charge rate shall be measured continuously and recorded 
once each hour;
    (2) Minimum secondary chamber temperature shall be measured 
continuously and recorded once each minute; and
    (3) Minimum reagent flow rate shall be measured hourly and recorded 
once each hour.
    (c) The owner or operator of an affected facility shall install, 
calibrate (to manufacturers' specifications), maintain, and operate a 
device or method for measuring the use of the bypass stack including 
date, time, and duration.
    (d) The owner or operator of an affected facility using an air 
pollution control device other than a dry scrubber followed by a fabric 
filter, a wet scrubber, a dry scrubber followed by a fabric filter and a 
wet scrubber, or selective noncatalytic reduction technology to comply 
with the emissions limits under Sec. 60.52c shall install, calibrate 
(to manufacturers' specifications), maintain, and operate the equipment 
necessary to monitor the site-specific operating parameters developed 
pursuant to Sec. 60.56c(j).
    (e) The owner or operator of an affected facility shall obtain 
monitoring data at all times during HMIWI operation except during 
periods of monitoring equipment malfunction, calibration, or repair. At 
a minimum, valid monitoring data shall be obtained for 75 percent of the 
operating hours per day for 90 percent of the operating days per 
calendar quarter that the affected facility is combusting hospital waste 
and/or medical/infectious waste.
    (f) The owner or operator of an affected facility as defined in 
Sec. 60.50c(a)(3) and (4) shall ensure that each HMIWI subject to the 
emissions limits in

[[Page 310]]

Sec. 60.52c undergoes an initial air pollution control device 
inspection that is at least as protective as the following:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect air pollution control device(s) for proper operation, if 
applicable;
    (ii) Ensure proper calibration of thermocouples, sorbent feed 
systems, and any other monitoring equipment; and
    (iii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs shall be completed unless the 
owner or operator obtains written approval from the Administrator 
establishing a date whereby all necessary repairs of the designated 
facility shall be completed.
    (g) The owner or operator of an affected facility as defined in 
Sec. 60.50c(a)(3) and (4) shall ensure that each HMIWI subject to the 
emissions limits under Sec. 60.52c undergoes an air pollution control 
device inspection annually (no more than 12 months following the 
previous annual air pollution control device inspection), as outlined in 
paragraphs (f)(1) and (f)(2) of this section.
    (h) For affected facilities as defined in Sec. 60.50c(a)(3) and (4) 
that use an air pollution control device that includes a fabric filter 
and are not demonstrating compliance using PM CEMS, determine compliance 
with the PM emissions limit using a bag leak detection system and meet 
the requirements in paragraphs (h)(1) through (h)(12) of this section 
for each bag leak detection system.
    (1) Each triboelectric bag leak detection system may be installed, 
calibrated, operated, and maintained according to the ``Fabric Filter 
Bag Leak Detection Guidance,'' (EPA-454/R-98-015, September 1997). This 
document is available from the U.S. Environmental Protection Agency 
(U.S. EPA); Office of Air Quality Planning and Standards; Sector 
Policies and Programs Division; Measurement Policy Group (D-243-02), 
Research Triangle Park, NC 27711. This document is also available on the 
Technology Transfer Network (TTN) under Emissions Measurement Center 
Continuous Emissions Monitoring. Other types of bag leak detection 
systems shall be installed, operated, calibrated, and maintained in a 
manner consistent with the manufacturer's written specifications and 
recommendations.
    (2) The bag leak detection system shall be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic 
foot) or less.
    (3) The bag leak detection system sensor shall provide an output of 
relative PM loadings.
    (4) The bag leak detection system shall be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system shall be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm shall be located 
where it is easily heard by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak detector 
shall be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector shall be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output shall be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the ``Fabric 
Filter Bag Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted. In no case may the sensitivity be increased by more than 
100 percent or decreased more than 50 percent over a 365-day period 
unless such adjustment follows a complete fabric filter inspection that 
demonstrates that the fabric filter is in good operating condition. Each 
adjustment shall be recorded.

[[Page 311]]

    (11) Record the results of each inspection, calibration, and 
validation check.
    (12) Initiate corrective action within 1 hour of a bag leak 
detection system alarm; operate and maintain the fabric filter such that 
the alarm is not engaged for more than 5 percent of the total operating 
time in a 6-month block reporting period. If inspection of the fabric 
filter demonstrates that no corrective action is required, no alarm time 
is counted. If corrective action is required, each alarm is counted as a 
minimum of 1 hour. If it takes longer than 1 hour to initiate corrective 
action, the alarm time is counted as the actual amount of time taken to 
initiate corrective action.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51412, Oct. 6, 2009]



Sec. 60.58c  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility shall submit 
notifications, as provided by Sec. 60.7. In addition, the owner or 
operator shall submit the following information:
    (1) Prior to commencement of construction;
    (i) A statement of intent to construct;
    (ii) The anticipated date of commencement of construction; and
    (iii) All documentation produced as a result of the siting 
requirements of Sec. 60.54c.
    (2) Prior to initial startup;
    (i) The type(s) of waste to be combusted;
    (ii) The maximum design waste burning capacity;
    (iii) The anticipated maximum charge rate; and
    (iv) If applicable, the petition for site-specific operating 
parameters under Sec. 60.56c(j).
    (b) The owner or operator of an affected facility shall maintain the 
following information (as applicable) for a period of at least 5 years:
    (1) Calendar date of each record;
    (2) Records of the following data:
    (i) Concentrations of any pollutant listed in Sec. 60.52c or 
measurements of opacity as determined by the continuous emission 
monitoring system (if applicable);
    (ii) Results of fugitive emissions (by EPA Reference Method 22) 
tests, if applicable;
    (iii) HMIWI charge dates, times, and weights and hourly charge 
rates;
    (iv) Fabric filter inlet temperatures during each minute of 
operation, as applicable;
    (v) Amount and type of dioxin/furan sorbent used during each hour of 
operation, as applicable;
    (vi) Amount and type of Hg sorbent used during each hour of 
operation, as applicable;
    (vii) Amount and type of HCl sorbent used during each hour of 
operation, as applicable;
    (viii) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), amount and type of NOX reagent used during each hour of 
operation, as applicable;
    (ix) Secondary chamber temperatures recorded during each minute of 
operation;
    (x) Liquor flow rate to the wet scrubber inlet during each minute of 
operation, as applicable;
    (xi) Horsepower or amperage to the wet scrubber during each minute 
of operation, as applicable;
    (xii) Pressure drop across the wet scrubber system during each 
minute of operation, as applicable,
    (xiii) Temperature at the outlet from the wet scrubber during each 
minute of operation, as applicable;
    (xiv) pH at the inlet to the wet scrubber during each minute of 
operation, as applicable,
    (xv) Records indicating use of the bypass stack, including dates, 
times, and durations, and
    (xvi) For affected facilities complying with Sec. 60.56c(j) and 
Sec. 60.57c(d), the owner or operator shall maintain all operating 
parameter data collected;
    (xvii) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), records of the annual air pollution control device inspections, any 
required maintenance, and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (xviii) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), records of each bag leak detection system alarm,

[[Page 312]]

the time of the alarm, the time corrective action was initiated and 
completed, and a brief description of the cause of the alarm and the 
corrective action taken, as applicable.
    (xix) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), concentrations of CO as determined by the continuous emissions 
monitoring system.
    (3) Identification of calendar days for which data on emission rates 
or operating parameters specified under paragraph (b)(2) of this section 
have not been obtained, with an identification of the emission rates or 
operating parameters not measured, reasons for not obtaining the data, 
and a description of corrective actions taken.
    (4) Identification of calendar days, times and durations of 
malfunctions, a description of the malfunction and the corrective action 
taken.
    (5) Identification of calendar days for which data on emission rates 
or operating parameters specified under paragraph (b)(2) of this section 
exceeded the applicable limits, with a description of the exceedances, 
reasons for such exceedances, and a description of corrective actions 
taken.
    (6) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emissions 
limits and/or to establish or re-establish operating parameters, as 
applicable, and a description, including sample calculations, of how the 
operating parameters were established or re-established, if applicable.
    (7) All documentation produced as a result of the siting 
requirements of Sec. 60.54c;
    (8) Records showing the names of HMIWI operators who have completed 
review of the information in Sec. 60.53c(h) as required by Sec. 
60.53c(i), including the date of the initial review and all subsequent 
annual reviews;
    (9) Records showing the names of the HMIWI operators who have 
completed the operator training requirements, including documentation of 
training and the dates of the training;
    (10) Records showing the names of the HMIWI operators who have met 
the criteria for qualification under Sec. 60.53c and the dates of their 
qualification; and
    (11) Records of calibration of any monitoring devices as required 
under Sec. 60.57c(a) through (d).
    (c) The owner or operator of an affected facility shall submit the 
information specified in paragraphs (c)(1) through (c)(4) of this 
section no later than 60 days following the initial performance test. 
All reports shall be signed by the facilities manager.
    (1) The initial performance test data as recorded under Sec. 
60.56c(b)(1) through (b)(14), as applicable.
    (2) The values for the site-specific operating parameters 
established pursuant to Sec. 60.56c(d), (h), or (j), as applicable, and 
a description, including sample calculations, of how the operating 
parameters were established during the initial performance test.
    (3) The waste management plan as specified in Sec. 60.55c.
    (4) For each affected facility as defined in Sec. 60.50c(a)(3) and 
(4) that uses a bag leak detection system, analysis and supporting 
documentation demonstrating conformance with EPA guidance and 
specifications for bag leak detection systems in Sec. 60.57c(h).
    (d) An annual report shall be submitted 1 year following the 
submissions of the information in paragraph (c) of this section and 
subsequent reports shall be submitted no more than 12 months following 
the previous report (once the unit is subject to permitting requirements 
under title V of the Clean Air Act, the owner or operator of an affected 
facility must submit these reports semiannually). The annual report 
shall include the information specified in paragraphs (d)(1) through 
(11) of this section. All reports shall be signed by the facilities 
manager.
    (1) The values for the site-specific operating parameters 
established pursuant to Sec. 60.56c(d), (h), or (j), as applicable.
    (2) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported, pursuant to Sec. 
60.56c(d), (h), or (j), as applicable.
    (3) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for

[[Page 313]]

each operating parameter recorded pursuant to Sec. 60.56c(d), (h), or 
(j) for the calendar year preceding the year being reported, in order to 
provide the Administrator with a summary of the performance of the 
affected facility over a 2-year period.
    (4) Any information recorded under paragraphs (b)(3) through (b)(5) 
of this section for the calendar year being reported.
    (5) Any information recorded under paragraphs (b)(3) through (b)(5) 
of this section for the calendar year preceding the year being reported, 
in order to provide the Administrator with a summary of the performance 
of the affected facility over a 2-year period.
    (6) If a performance test was conducted during the reporting period, 
the results of that test.
    (7) If no exceedances or malfunctions were reported under paragraphs 
(b)(3) through (b)(5) of this section for the calendar year being 
reported, a statement that no exceedances occurred during the reporting 
period.
    (8) Any use of the bypass stack, the duration, reason for 
malfunction, and corrective action taken.
    (9) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), records of the annual air pollution control device inspection, any 
required maintenance, and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (10) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), records of each bag leak detection system alarm, the time of the 
alarm, the time corrective action was initiated and completed, and a 
brief description of the cause of the alarm and the corrective action 
taken, as applicable.
    (11) For affected facilities as defined in Sec. 60.50c(a)(3) and 
(4), concentrations of CO as determined by the continuous emissions 
monitoring system.
    (e) The owner or operator of an affected facility shall submit 
semiannual reports containing any information recorded under paragraphs 
(b)(3) through (b)(5) of this section no later than 60 days following 
the reporting period. The first semiannual reporting period ends 6 
months following the submission of information in paragraph (c) of this 
section. Subsequent reports shall be submitted no later than 6 calendar 
months following the previous report. All reports shall be signed by the 
facilities manager.
    (f) All records specified under paragraph (b) of this section shall 
be maintained onsite in either paper copy or computer-readable format, 
unless an alternative format is approved by the Administrator.
    (g) For affected facilities, as defined in Sec. 60.50c(a)(3) and 
(4), that choose to submit an electronic copy of stack test reports to 
EPA's WebFIRE data base, as of December 31, 2011, the owner or operator 
of an affected facility shall enter the test data into EPA's data base 
using the Electronic Reporting Tool located at http://www.epa.gov/ttn/
chief/ert/ert--tool.html.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51413, Oct. 6, 2009; 
76 FR 18413, Apr. 4, 2011]



  Sec. Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, 
   Medium, and Large HMIWI at Affected Facilities as Defined in Sec. 
                          60.50c(a)(1) and (2)

[[Page 314]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Emissions limits
                                                    ---------------------------------------------------------------                       Method  for
           Pollutant              Units (7 percent                             HMIWI size                             Averaging time     demonstrating
                                 oxygen, dry basis) ---------------------------------------------------------------        \1\           compliance \2\
                                                            Small                Medium               Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.............  Milligrams per dry  69 (0.03)..........  34 (0.015).........  34 (0.015).........  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 5 of
                                  meter (grains per                                                                  sample time per    appendix A-3 of
                                  dry standard                                                                       run).              part 60, or EPA
                                  cubic foot).                                                                                          Reference Method
                                                                                                                                        M 26A or 29 of
                                                                                                                                        appendix A-8 of
                                                                                                                                        part 60.
Carbon monoxide................  Parts per million   40.................  40.................  40.................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 10 or 10B
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Dioxins/furans.................  Nanograms per dry   125 (55) or 2.3      25 (11) or 0.6       25 (11) or 0.6       3-run average (4-  EPA Reference
                                  standard cubic      (1.0).               (0.26).              (0.26).              hour minimum       Method 23 of
                                  meter total                                                                        sample time per    appendix A-7 of
                                  dioxins/furans                                                                     run).              part 60.
                                  (grains per
                                  billion dry
                                  standard cubic
                                  feet) or
                                  nanograms per dry
                                  standard cubic
                                  meter TEQ (grains
                                  per billion dry
                                  standard cubic
                                  feet).
Hydrogen chloride..............  Parts per million   15 or 99%..........  15 or 99%..........  15 or 99%..........  3-run average (1-  EPA Reference
                                  by volume or                                                                       hour minimum       Method 26 or 26A
                                  percent reduction.                                                                 sample time per    of appendix A-8
                                                                                                                     run).              of part 60.
Sulfur dioxide.................  Parts per million   55.................  55.................  55.................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 6 or 6C
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Nitrogen oxides................  Parts per million   250................  250................  250................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 7 or 7E
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Lead...........................  Milligrams per dry  1.2 (0.52) or 70%..  0.07 (0.03) or 98%.  0.07 (0.03) or 98%.  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 29 of
                                  meter (grains per                                                                  sample time per    appendix A-8 of
                                  thousand dry                                                                       run).              part 60.
                                  standard cubic
                                  feet) or percent
                                  reduction.
Cadmium........................  Milligrams per dry  0.16 (0.07) or 65%.  0.04 (0.02) or 90%.  0.04 (0.02) or 90%.  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 29 of
                                  meter (grains per                                                                  sample time per    appendix A-8 of
                                  thousand dry                                                                       run).              part 60.
                                  standard cubic
                                  feet) or percent
                                  reduction.
Mercury........................  Milligrams per dry  0.55 (0.24) or 85%.  0.55 (0.24) or 85%.  0.55 (0.24) or 85%.  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 29 of
                                  meter (grains per                                                                  sample time per    appendix A-8 of
                                  thousand dry                                                                       run).              part 60.
                                  standard cubic
                                  feet) or percent
                                  reduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).


[[Page 315]]


[74 FR 51414, Oct. 6, 2009, as amended at 76 FR 18414, Apr. 4, 2011]



  Sec. Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, 
   Medium, and Large HMIWI at Affected Facilities as Defined in Sec. 
                          60.50c(a)(3) and (4)

[[Page 316]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Emissions limits
                                  Units  (7 percent ---------------------------------------------------------------                        Method for
           Pollutant                oxygen,  dry                               HMIWI size                             Averaging time     demonstrating
                                       basis)       ---------------------------------------------------------------        \1\           compliance \2\
                                                            Small                Medium               Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.............  Milligrams per dry  66 (0.029).........  22 (0.0095)........  18 (0.0080)........  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 5 of
                                  meter (grains per                                                                  sample time per    appendix A-3 of
                                  dry standard                                                                       run).              part 60, or EPA
                                  cubic foot).                                                                                          Reference Method
                                                                                                                                        M 26A or 29 of
                                                                                                                                        appendix A-8 of
                                                                                                                                        part 60.
Carbon monoxide................  Parts per million   20.................  1.8................  11.................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 10 or 10B
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Dioxins/furans.................  Nanograms per dry   16 (7.0) or 0.013    0.47 (0.21) or       9.3 (4.1) or 0.035   3-run average (4-  EPA Reference
                                  standard cubic      (0.0057).            0.014 (0.0061).      (0.015).             hour minimum       Method 23 of
                                  meter total                                                                        sample time per    appendix A-7 of
                                  dioxins/furans                                                                     run).              part 60.
                                  (grains per
                                  billion dry
                                  standard cubic
                                  feet) or
                                  nanograms per dry
                                  standard cubic
                                  meter TEQ (grains
                                  per billion dry
                                  standard cubic
                                  feet).
Hydrogen chloride..............  Parts per million   15.................  7.7................  5.1................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 26 or 26A
                                                                                                                     sample time per    of appendix A-8
                                                                                                                     run).              of part 60.
Sulfur dioxide.................  Parts per million   1.4................  1.4................  8.1................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 6 or 6C
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Nitrogen oxides................  Parts per million   67.................  67.................  140................  3-run average (1-  EPA Reference
                                  by volume.                                                                         hour minimum       Method 7 or 7E
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Lead...........................  Milligrams per dry  0.31 (0.14)........  0.018 (0.0079).....  0.00069 (0.00030)..  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 29 of
                                  meter (grains per                                                                  sample time per    appendix A-8 of
                                  thousand dry                                                                       run).              part 60.
                                  standard cubic
                                  feet).
Cadmium........................  Milligrams per dry  0.017 (0.0074).....  0.0098 (0.0043)....  0.00013 (0.000057).  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 29 of
                                  meter (grains per                                                                  sample time per    appendix A-8 of
                                  thousand dry                                                                       run).              part 60.
                                  standard cubic
                                  feet).
Mercury........................  Milligrams per dry  0.014 (0.0061).....  0.0035 (0.0015)....  0.0013 (0.00057)...  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 29 of
                                  meter (grains per                                                                  sample time per    appendix A-8 of
                                  thousand dry                                                                       run).              part 60.
                                  standard cubic
                                  feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).


[[Page 317]]


[74 FR 51414, Oct. 6, 2009, as amended at 76 FR 18414, Apr. 4, 2011]



    Sec. Table 2 of Subpart Ec to Part 60--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                                Toxic
                   Dioxin/furan congener                     equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.................         1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin...............         0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin..............         0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin..............         0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin..............         0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin...........         0.01
octachlorinated dibenzo-p-dioxin..........................         0.001
2,3,7,8-tetrachlorinated dibenzofuran.....................         0.1
2,3,4,7,8-pentachlorinated dibenzofuran...................         0.5
1,2,3,7,8-pentachlorinated dibenzofuran...................         0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran..................         0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran..................         0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran..................         0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran..................         0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran...............         0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran...............         0.01
Octachlorinated dibenzofuran..............................         0.001
------------------------------------------------------------------------



   Sec. Table 3 to Subpart Ec of Part 60--Operating Parameters To Be 
       Monitored and Minimum Measurement and Recording Frequencies

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Minimum frequency                                        Control system
                                          --------------------------------------------------------------------------------------------------------------
                                                                                                                                            Dry scrubber
   Operating parameters to be monitored                                                                         Dry scrubber                 followed by
                                                    Data measurement                   Data recording            followed by  Wet scrubber     fabric
                                                                                                                   fabric                    filter and
                                                                                                                   filter                   wet scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum operating parameters:
    Maximum charge rate..................  Continuous.......................  1xhour..........................     [bcheck]      [bcheck]      [bcheck]
    Maximum fabric filter inlet            Continuous.......................  1xminute........................     [bcheck]   ............     [bcheck]
     temperature.
    Maximum flue gas temperature.........  Continuous.......................  1xminute........................     [bcheck]      [bcheck]
Minimum operating parameters:
    Minimum secondary chamber temperature  Continuous.......................  1xminute........................     [bcheck]      [bcheck]      [bcheck]
    Minimum dioxin/furan sorbent flow      Hourly...........................  1xhour..........................     [bcheck]   ............     [bcheck]
     rate.
    Minimum HCI sorbent flow rate........  Hourly...........................  1xhour..........................     [bcheck]   ............     [bcheck]
    Minimum mercury (Hg) sorbent flow      Hourly...........................  1xhour..........................     [bcheck]   ............     [bcheck]
     rate.
    Minimum pressure drop across the wet   Continuous.......................  1xminute........................  ............     [bcheck]      [bcheck]
     scrubber or minimum horsepower or
     amperage to wet scrubber.
    Minimum scrubber liquor flow rate....  Continuous.......................  1xminute........................  ............     [bcheck]      [bcheck]
    Minimum scrubber liquor pH...........  Continuous.......................  1xminute........................  ............     [bcheck]      [bcheck]
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 318]]



      Subpart F_Standards of Performance for Portland Cement Plants



Sec. 60.60  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in portland cement plants: Kiln, clinker cooler, raw 
mill system, finish mill system, raw mill dryer, raw material storage, 
clinker storage, finished product storage, conveyor transfer points, 
bagging and bulk loading and unloading systems.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977]



Sec. 60.61  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Portland cement plant means any facility manufacturing portland 
cement by either the wet or dry process.
    (b) Bypass means any system that prevents all or a portion of the 
kiln or clinker cooler exhaust gases from entering the main control 
device and ducts the gases through a separate control device. This does 
not include emergency systems designed to duct exhaust gases directly to 
the atmosphere in the event of a malfunction of any control device 
controlling kiln or clinker cooler emissions.
    (c) Bypass stack means the stack that vents exhaust gases to the 
atmosphere from the bypass control device.
    (d) Monovent means an exhaust configuration of a building or 
emission control device (e.g., positive-pressure fabric filter) that 
extends the length of the structure and has a width very small in 
relation to its length (i.e., length to width ratio is typically greater 
than 5:1). The exhaust may be an open vent with or without a roof, 
louvered vents, or a combination of such features.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20793, June 13, 1974; 
53 FR 50363, Dec. 14, 1988]



Sec. 60.62  Standards.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, you may not discharge into the 
atmosphere from any kiln any gases which:
    (1) Contain particulate matter (PM) in excess of:
    (i) 0.30 pound per ton of feed (dry basis) to the kiln if 
construction, reconstruction, or modification of the kiln commences 
after August 17, 1971 but on or before June 16, 2008.
    (ii) 0.01 pound per ton of clinker on a 30-operating day rolling 
average if construction, reconstruction, or modification of the kiln 
commenced after June 16, 2008. An operating day includes all valid data 
obtained in any daily 24-hour period during which the kiln operates and 
excludes any measurements made during the daily 24-hour period when the 
kiln was not operating.
    (2) Exhibit greater than 20 percent opacity, except that this 
opacity limit does not apply to any kiln subject to a PM limit in 
paragraph (a)(1) of this section that uses a PM continuous emissions 
monitoring system (CEMS).
    (3) Exceed 1.50 pounds of nitrogen oxide (NOX) per ton of 
clinker on a 30-operating day rolling average if construction, 
reconstruction, or modification of the kiln commences after June 16, 
2008, except this limit does not apply to any alkali bypass installed on 
the kiln. An operating day includes all valid data obtained in any daily 
24-hour period during which the kiln operates and excludes any 
measurements made during the daily 24-hour period when the kiln was not 
operating.
    (4) Exceed 0.4 pounds of sulfur dioxide (SO2) per ton of 
clinker on a 30-operating day rolling average if construction, 
reconstruction, or modification commences after June 16, 2008, unless 
you are demonstrating a 90 percent SO2 emissions reduction 
measured across the SO2 control device. An operating day 
includes all valid data obtained in any daily 24-hour period during 
which the kiln operates, and excludes any measurements made during the 
daily 24-hour period when the kiln was not operating.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, you

[[Page 319]]

may not discharge into the atmosphere from any clinker cooler any gases 
which:
    (1) Contain PM in excess of:
    (i) 0.10 pound per ton of feed (dry basis) to the kiln if 
construction, reconstruction, or modification of the clinker cooler 
commenced after August 17, 1971 but on or before June 16, 2008.
    (ii) 0.01 pound per ton of clinker on a 30-operating day rolling 
average if construction, reconstruction, or modification of the clinker 
cooler commences after June 16, 2008. An operating day includes all 
valid data obtained in any daily 24-hour period during which the kiln 
operates, and excludes any measurements made during the daily 24-hour 
period when the kiln was not operating.
    (2) Exhibit 10 percent opacity, or greater, except that this opacity 
limit does not apply to any clinker cooler subject to a PM limit in 
paragraph (b)(1) of this section that uses a PM CEMS.
    (3) If the kiln and clinker cooler exhaust are combined for energy 
efficiency purposes and sent to a single control device, the appropriate 
kiln PM limit may be adjusted using the procedures in Sec. 63.1343(b) 
of this chapter.
    (4) If the kiln has a separate alkali bypass stack, you must combine 
the PM emissions from the bypass stack with the PM emissions from the 
main kiln exhaust to determine total PM emissions.
    (c) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, you may not discharge into the 
atmosphere from any affected facility other than the kiln and clinker 
cooler any gases which exhibit 10 percent opacity, or greater.
    (d) If you have an affected source subject to this subpart with a 
different emission limit or requirement for the same pollutant under 
another regulation in title 40 of this chapter, you must comply with the 
most stringent emission limit or requirement and are not subject to the 
less stringent requirement.

[75 FR 55034, Sept. 9, 2010]



Sec. 60.63  Monitoring of operations.

    (a) [Reserved]
    (b) Clinker production monitoring requirements. For any kiln subject 
to an emissions limitation on PM, NOX, or SO2 
emissions (lb/ton of clinker), you must:
    (1) Determine hourly clinker production by one of two methods:
    (i) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates of the amount of clinker 
produced in tons of mass per hour. The system of measuring hourly 
clinker production must be maintained within 5 
percent accuracy.
    (ii) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates of the amount of feed to 
the kiln in tons of mass per hour. The system of measuring feed must be 
maintained within 5 percent accuracy. Calculate 
your hourly clinker production rate using a kiln specific feed-to-
clinker ratio based on reconciled clinker production determined for 
accounting purposes and recorded feed rates. This ratio should be 
updated monthly. Note that if this ratio changes at clinker 
reconciliation, you must use the new ratio going forward, but you do not 
have to retroactively change clinker production rates previously 
estimated;
    (2) Determine, record, and maintain a record of the accuracy of the 
system of measuring hourly clinker or feed production before initial use 
(for new sources) or within 30 days of the effective date of this rule 
(for existing sources). During each quarter of source operation, you 
must determine, record, and maintain a record of the ongoing accuracy of 
the system of measuring hourly clinker or feed production.
    (3) Record the daily clinker production rates and kiln feed rates; 
and
    (4) Develop an emissions monitoring plan in accordance with 
paragraphs (i)(1) through (i)(4) of this section.
    (c) You must monitor PM emissions of a kiln or clinker cooler 
subject to a PM emissions limit in Sec. 60.62(a)(1)(ii) or (b)(1)(ii) 
according to the applicable requirements below:
    (1) Install and operate a PM CEMS in accordance with Performance 
Specification 11 of appendix B and Procedure

[[Page 320]]

2 of appendix F to part 60 of this chapter. The performance test method 
and the correlation test method for Performance Specification 11 shall 
be Method 5 or Method 5i of appendix A to this part. The owner or 
operator must also develop an emissions monitoring plan in accordance 
with paragraphs (i)(1) through (i)(4) of this section.
    (2) Perform Relative Response Audits annually and Response 
Correlation Audits every 3 years.
    (3) Collect readings at least every 15 minutes in order to calculate 
the 30-operating day rolling average to determine PM emissions. 
Calculate the 30-operating day rolling average using equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR09SE10.006

Where:

PM15 minutes = PM emissions from a 15-minute period.
n = number of 15 minute periods with valid data over the preceding 30 
operating days.

    (d) You must install, operate, calibrate, and maintain an instrument 
for continuously monitoring and recording the concentration by volume of 
NOX emissions into the atmosphere for any kiln subject to the 
NOX emissions limit in Sec. 60.62(a)(3). If the kiln has an 
alkali bypass, NOX emissions from the alkali bypass do not 
need to be monitored, and NOX emission monitoring of the kiln 
exhaust may be done upstream of any comingled alkali bypass gases.
    (e) You must install, operate, calibrate, and maintain an instrument 
for continuously monitoring and recording the concentration by volume of 
SO2 emissions into the atmosphere for any kiln subject to the 
SO2 emissions limit in Sec. 60.62(a)(4). If you are 
complying with the alternative 90 percent SO2 emissions 
reduction emission limit, you must also continuously monitor and record 
the concentration by volume of SO2 present at the wet 
scrubber inlet.
    (f) You must install, operate, and maintain according to Performance 
Specification 2 (40 CFR part 60, appendix B) and the requirements in 
paragraphs (f)(1) through (5) of this section each CEMS required under 
paragraphs (c), (d) and (e) of this section.
    (1) The span value of each NOX monitor must be set at 125 
percent of the maximum estimated hourly potential NOX 
emission concentration that translates to the applicable emission limit 
at full clinker production capacity.
    (2) You must conduct performance evaluations of each NOX 
monitor according to the requirements in Sec. 60.13(c) and Performance 
Specification 2 of Appendix B to part 60. The owner or operator must use 
Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 to part 60 for conducting 
the relative accuracy evaluations. The method ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 
60.17) is an acceptable alternative to EPA Method 7 or 7C of Appendix A-
4 to part 60.
    (3) The span value for the SO2 monitor must be set at 125 
percent of the maximum estimated hourly potential SO2 
emission concentration that translates to the applicable emission limit 
at full clinker production capacity.
    (4) You must conduct performance evaluations of each SO2 
monitor according to the requirements in Sec. 60.13(c) and Performance 
Specification 2 of Appendix B to part 60. You must use Methods 6, 6A, or 
6C of Appendix A-4 to part 60 for conducting the relative accuracy 
evaluations. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses,'' (incorporated by reference--see Sec. 60.17) is an 
acceptable alternative to EPA Method 6 or 6A of Appendix A-4 to part 60.
    (5) You must comply with the quality assurance requirements in 
Procedure 1 of Appendix F to part 60 for each monitor, including 
quarterly accuracy determinations for monitors, and daily calibration 
drift tests.

[[Page 321]]

    (g) For each CEMS required under paragraphs (c) through (e) of this 
section:
    (1) You must operate the monitoring system and collect data at all 
required intervals at all times the affected source is operating, except 
for periods of monitoring system malfunctions, repairs associated with 
monitoring system malfunctions, and required monitoring system quality 
assurance or quality control activities (including, as applicable, 
calibration checks and required zero and span adjustments).
    (2) You may not use data recorded during the monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, or 
required monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. A monitoring 
system malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. An owner or operator must use all the 
data collected during all other periods in assessing the operation of 
the control device and associated control system.
    (3) You must meet the requirements of Sec. 60.13(h) when 
determining the 1-hour averages of emissions data.
    (h) You must install, operate, calibrate, and maintain instruments 
for continuously measuring and recording the pollutant per mass flow 
rate to the atmosphere for each kiln subject to the PM emissions limits 
in Sec. 60.62(a)(1)(i) and (ii), the NOX emissions limit in 
Sec. 60.62(a)(3), or the SO2 emissions limit in Sec. 
60.62(a)(4) according to the requirements in paragraphs (h)(1) through 
(10) of this section.
    (1) The owner or operator must install each sensor of the flow rate 
monitoring system in a location that provides representative measurement 
of the exhaust gas flow rate at the sampling location of the 
NOX, SO2 or PM CEMS, taking into account the 
manufacturer's recommendations. The flow rate sensor is that portion of 
the system that senses the volumetric flow rate and generates an output 
proportional to that flow rate.
    (2) The flow rate monitoring system must be designed to measure the 
exhaust gas flow rate over a range that extends from a value of at least 
20 percent less than the lowest expected exhaust flow rate to a value of 
at least 20 percent greater than the highest expected exhaust gas flow 
rate.
    (3) The flow rate monitoring system must have a minimum accuracy of 
5 percent of the flow rate.
    (4) The flow rate monitoring system must be equipped with a data 
acquisition and recording system that is capable of recording values 
over the entire range specified in paragraph (h)(2) of this section.
    (5) The signal conditioner, wiring, power supply, and data 
acquisition and recording system for the flow rate monitoring system 
must be compatible with the output signal of the flow rate sensors used 
in the monitoring system.
    (6) The flow rate monitoring system must be designed to complete a 
minimum of one cycle of operation for each successive 15-minute period.
    (7) The flow rate sensor must have provisions to determine the daily 
zero and upscale calibration drift (CD) (see sections 3.1 and 8.3 of 
Performance Specification 2 in Appendix B to part 60 of this chapter for 
a discussion of CD).
    (i) Conduct the CD tests at two reference signal levels, zero (e.g., 
0 to 20 percent of span) and upscale (e.g., 50 to 70 percent of span).
    (ii) The absolute value of the difference between the flow monitor 
response and the reference signal must be equal to or less than 3 
percent of the flow monitor span.
    (8) You must perform an initial relative accuracy test of the flow 
rate monitoring system according to section 8.2 of Performance 
Specification 6 of Appendix B to part 60 of the chapter, with the 
exceptions noted in paragraphs (h)(8)(i) and (ii).
    (i) The relative accuracy test is to evaluate the flow rate 
monitoring system alone rather than a continuous emission rate 
monitoring system.
    (ii) The relative accuracy of the flow rate monitoring system shall 
be no greater than 10 percent of the mean value of the reference method 
data.
    (9) You must verify the accuracy of the flow rate monitoring system 
at

[[Page 322]]

least once per year by repeating the relative accuracy test specified in 
paragraph (h)(8).
    (10) You must operate the flow rate monitoring system and record 
data during all periods of operation of the affected facility including 
periods of startup, shutdown, and malfunction, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments.
    (i) Development and Submittal (Upon Request) of Monitoring Plans. If 
you demonstrate compliance with any applicable emission limit through 
performance stack testing or other emissions monitoring, you must 
develop a site-specific monitoring plan according to the requirements in 
paragraphs (i)(1) through (4) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under paragraph (h) of this section and Sec. 
63.8(f). If you use a BLDS, you must also meet the requirements 
specified in paragraph Sec. 63.1350(m)(10) of this chapter.
    (1) For each continuous monitoring system (CMS) required in this 
section, you must develop, and submit to the permitting authority for 
approval upon request, a site-specific monitoring plan that addresses 
paragraphs (i)(1)(i) through (iii) of this section. You must submit this 
site-specific monitoring plan, if requested, at least 60 days before the 
initial performance evaluation of your CMS.
    (i) Installation of the CEMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems; and
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (i)(2)(i) through (iii) of this section.
    (i) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (c)(3), and (c)(4)(ii);
    (ii) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d); and
    (iii) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.

[75 FR 55035, Sept. 9, 2010]



Sec. 60.64  Test methods and procedures

    (a) In conducting the performance tests required in Sec. 60.8, you 
must use reference methods and procedures and the test methods in 
appendix A of this part or other methods and procedures as specified in 
this section, except as provided in Sec. 60.8(b).
    (b) Compliance with the PM standards in Sec. 60.62 is determined 
using the procedures specified in Sec. 60.63.
    (1) The PM emission rate is calculated using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR09SE10.007

Where:

E = emission rate of particulate matter, lb/ton of kiln feed;
Cs = concentration of particulate matter, gr/scf;

[[Page 323]]

Qs = volumetric flow rate of effluent gas, where 
Cs and Qs are on the same basis (either wet or 
dry), dscf/hr;
P = total kiln feed (dry basis) rate, ton/hr. For kilns constructed, 
modified or reconstructed on or after June 16, 2008,
p = total kiln clinker production rate; and
K = conversion factor, 7000 gr/lb.

    (2) Suitable methods shall be used to determine the kiln feed rate 
(P), except fuels.
    (3) Method 9 and the procedures in Sec. 60.11 must be used to 
determine opacity.
    (4) Any sources other than kilns (including associated alkali bypass 
and cooler) subject to the 10 percent opacity limit must follow the 
appropriate monitoring procedures in Sec. 63.1350(f), (m)(1) through 
(4), (m)(10) through (11), (o), and (p) of this chapter.
    (5) If your kiln is not equipped with a PM CEMS meeting the 
requirements of Performance Specification 11 of Appendix B to part 60, 
and the kiln (including any associated alkali bypass and clinker cooler) 
was constructed, modified or reconstructed on or after June 16, 2008, 
you must conduct a performance test every 5 years following the initial 
performance test. Kilns (including any associated alkali bypass and 
clinker cooler) constructed, reconstructed, or modified after August 17, 
1971 but on or before June 16, 2008 must conduct a performance test 
every 5 years if not equipped with a PM CEMS meeting the requirements of 
Performance Specification 11 of Appendix B to part 60.
    (c) You must calculate and record the 30-operating day rolling 
emission rate of NOX and SO2 as the total of all 
hourly emissions data for a cement kiln in the preceding 30 days, 
divided by the total tons of clinker produced in that kiln during the 
same 30-operating day period using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR09SE10.008

Where:
E = emission rate of NOX or SO2, lb/ton of clinker 
production;
Cs = concentration of NOX or SO2, gr/
scf;
Qs = volumetric flow rate of effluent gas, where 
Cs and Qs are on the same basis (either wet or 
dry), scf/hr;
P = total kiln clinker production rate, ton/hr; and
K = conversion factor, 7000 gr/lb.

    (d) As of December 31, 2011 and within 60 days after the date of 
completing each performance evaluation or test, as defined in Sec. 
63.2, conducted to demonstrate compliance with this subpart, you must 
submit the relative accuracy test audit data and performance test data, 
except opacity data, to EPA by successfully submitting the data 
electronically to EPA's Central Data Exchange (CDX) by using the 
Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/
ert--tool.html/).

[54 FR 6666, Feb. 14, 1989, as amended at 65 FR 61753, Oct. 17, 2000; 75 
FR 55037, Sept. 9, 2010]



Sec. 60.65  Recordkeeping and reporting requirements.

    (a) Each owner or operator required to install a continuous opacity 
monitoring system under Sec. 60.63(b) shall submit reports of excess 
emissions as defined in Sec. 60.63(d). The content of these reports 
must comply with the requirements in Sec. 60.7(c). Notwithstanding the 
provisions of Sec. 60.7(c), such reports shall be submitted 
semiannually.
    (b) Each owner or operator monitoring visible emissions under Sec. 
60.63(c) shall submit semiannual reports of observed excess emissions as 
defined in Sec. 60.63(d).
    (c) Each owner or operator of facilities subject to the provisions 
of Sec. 60.63(c) shall submit semiannual reports of the malfunction 
information required to be recorded by Sec. 60.7(b). These reports 
shall include the frequency, duration, and cause of any incident 
resulting in deenergization of any device controlling kiln emissions or 
in the venting of emissions directly to the atmosphere.
    (d) The requirements of this section remain in force until and 
unless the

[[Page 324]]

Agency, in delegating enforcement authority to a State under section 
111(c) of the Clean Air Act, 42 U.S.C. 7411, approves reporting 
requirements or an alternative means of compliance surveillance adopted 
by such States. In that event, affected sources within the State will be 
relieved of the obligation to comply with this section, provided that 
they comply with the requirements established by the State.

[53 FR 50364, Dec. 14, 1988]



Sec. 60.66  Delegation of authority.

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as a State, local, or Tribal agency. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to a State, local, or Tribal agency within your State.
    (b) In delegating implementation and enforcement authority to a 
State, local, or Tribal agency, the approval authorities contained 
paragraphs (b)(1) through (4) of this section are retained by the 
Administrator of the U.S EPA and are not transferred to the State, 
local, or Tribal agency.
    (1) Approval of an alternative to any non-opacity emissions 
standard.
    (2) Approval of a major change to test methods under Sec. 60.8(b). 
A ``major change to test method'' is defined in 40 CFR 63.90.
    (3) Approval of a major change to monitoring under Sec. 60.13(i). A 
``major change to monitoring'' is defined in 40 CFR 63.90.
    (4) Approval of a major change to recordkeeping/reporting under 
Sec. 60.7(b) through (f). A ``major change to recordkeeping/reporting'' 
is defined in 40 CFR 63.90.

[75 FR 55037, Sept. 9, 2010]



        Subpart G_Standards of Performance for Nitric Acid Plants



Sec. 60.70  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each nitric 
acid production unit, which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977]



Sec. 60.71  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Nitric acid production unit means any facility producing weak 
nitric acid by either the pressure or atmospheric pressure process.
    (b) Weak nitric acid means acid which is 30 to 70 percent in 
strength.



Sec. 60.72  Standard for nitrogen oxides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which:
    (1) Contain nitrogen oxides, expressed as NO2, in excess 
of 1.5 kg per metric ton of acid produced (3.0 lb per ton), the 
production being expressed as 100 percent nitric acid.
    (2) Exhibit 10 percent opacity, or greater.

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975]



Sec. 60.73  Emission monitoring.

    (a) The source owner or operator shall install, calibrate, maintain, 
and operate a continuous monitoring system for measuring nitrogen oxides 
(NOX). The pollutant gas mixtures under Performance 
Specification 2 and for calibration checks under Sec. 60.13(d) of this 
part shall be nitrogen dioxide (NO2). The span value shall be 
500 ppm of NO2. Method 7 shall be used for the performance 
evaluations under Sec. 60.13(c). Acceptable alternative methods to 
Method 7 are given in Sec. 60.74(c).
    (b) The owner or operator shall establish a conversion factor for 
the purpose of converting monitoring data into units of the applicable 
standard (kg/metric ton, lb/ton). The conversion factor shall be 
established by measuring emissions with the continuous monitoring system 
concurrent with measuring emissions with the applicable reference method 
tests. Using only

[[Page 325]]

that portion of the continuous monitoring emission data that represents 
emission measurements concurrent with the reference method test periods, 
the conversion factor shall be determined by dividing the reference 
method test data averages by the monitoring data averages to obtain a 
ratio expressed in units of the applicable standard to units of the 
monitoring data, i.e., kg/metric ton per ppm (lb/ton per ppm). The 
conversion factor shall be reestablished during any performance test 
under Sec. 60.8 or any continuous monitoring system performance 
evaluation under Sec. 60.13(c).
    (c) The owner or operator shall record the daily production rate and 
hours of operation.
    (d) [Reserved]
    (e) For the purpose of reports required under Sec. 60.7(c), periods 
of excess emissions that shall be reported are defined as any 3-hour 
period during which the average nitrogen oxides emissions (arithmetic 
average of three contiguous 1-hour periods) as measured by a continuous 
monitoring system exceed the standard under Sec. 60.72(a).

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975; 50 
FR 15894, Apr. 22, 1985; 54 FR 6666, Feb. 14, 1989]



Sec. 60.74  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (c) 
of this section.
    (b) The owner or operator shall determine compliance with the 
NOX standard in Sec. 60.72 as follows:
    (1) The emission rate (E) of NOX shall be computed for 
each run using the following equation:

E=(Cs Qsd)/(P K)

where:

E=emission rate of NOX as NO2, kg/metric ton (lb/
ton) of 100 percent nitric acid.
Cs=concentration of NOX as NO2, g/dscm 
(lb/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
P=acid production rate, metric ton/hr (ton/hr) or 100 percent nitric 
acid.
K=conversion factor, 1000 g/kg (1.0 lb/lb).

    (2) Method 7 shall be used to determine the NOX 
concentration of each grab sample. Method 1 shall be used to select the 
sampling site, and the sampling point shall be the centroid of the stack 
or duct or at a point no closer to the walls than 1 m (3.28 ft). Four 
grab samples shall be taken at approximately 15-minute intervals. The 
arithmetic mean of the four sample concentrations shall constitute the 
run value (Cs).
    (3) Method 2 shall be used to determine the volumetric flow rate 
(Qsd) of the effluent gas. The measurement site shall be the 
same as for the NOX sample. A velocity traverse shall be made 
once per run within the hour that the NOX samples are taken.
    (4) The methods of Sec. 60.73(c) shall be used to determine the 
production rate (P) of 100 percent nitric acid for each run. Material 
balance over the production system shall be used to confirm the 
production rate.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 7, Method 7A, 7B, 7C, or 7D may be used. If Method 7C 
or 7D is used, the sampling time shall be at least 1 hour.
    (d) The owner or operator shall use the procedure in Sec. 60.73(b) 
to determine the conversion factor for converting the monitoring data to 
the units of the standard.

[54 FR 6666, Feb. 14, 1989]



       Subpart H_Standards of Performance for Sulfuric Acid Plants



Sec. 60.80  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each sulfuric 
acid production unit, which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977]

[[Page 326]]



Sec. 60.81  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Sulfuric acid production unit means any facility producing 
sulfuric acid by the contact process by burning elemental sulfur, 
alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or 
acid sludge, but does not include facilities where conversion to 
sulfuric acid is utilized primarily as a means of preventing emissions 
to the atmosphere of sulfur dioxide or other sulfur compounds.
    (b) Acid mist means sulfuric acid mist, as measured by Method 8 of 
appendix A to this part or an equivalent or alternative method.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20794, June 14, 1974]



Sec. 60.82  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain sulfur 
dioxide in excess of 2 kg per metric ton of acid produced (4 lb per 
ton), the production being expressed as 100 percent 
H2SO4.

[39 FR 20794, June 14, 1974]



Sec. 60.83  Standard for acid mist.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which:
    (1) Contain acid mist, expressed as H2SO4, in 
excess of 0.075 kg per metric ton of acid produced (0.15 lb per ton), 
the production being expressed as 100 percent 
H2SO4.
    (2) Exhibit 10 percent opacity, or greater.

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975]



Sec. 60.84  Emission monitoring.

    (a) A continuous monitoring system for the measurement of sulfur 
dioxide shall be installed, calibrated, maintained, and operated by the 
owner or operator. The pollutant gas used to prepare calibration gas 
mixtures under Performance Specification 2 and for calibration checks 
under Sec. 60.13(d), shall be sulfur dioxide (SO2). Method 8 
shall be used for conducting monitoring system performance evaluations 
under Sec. 60.13(c) except that only the sulfur dioxide portion of the 
Method 8 results shall be used. The span value shall be set at 1000 ppm 
of sulfur dioxide.
    (b) The owner or operator shall establish a conversion factor for 
the purpose of converting monitoring data into units of the applicable 
standard (kg/metric ton, lb/ton). The conversion factor shall be 
determined, as a minimum, three times daily by measuring the 
concentration of sulfur dioxide entering the converter using suitable 
methods (e.g., the Reich test, National Air Pollution Control 
Administration Publication No. 999-AP-13) and calculating the 
appropriate conversion factor for each eight-hour period as follows:

CF=k[(1.000-0.015r)/(r-s)]

where:

CF=conversion factor (kg/metric ton per ppm, lb/ton per ppm).
k=constant derived from material balance. For determining CF in metric 
units, k=0.0653. For determining CF in English units, k=0.1306.
r=percentage of sulfur dioxide by volume entering the gas converter. 
Appropriate corrections must be made for air injection plants subject to 
the Administrator's approval.
s=percentage of sulfur dioxide by volume in the emissions to the 
atmosphere determined by the continuous monitoring system required under 
paragraph (a) of this section.

    (c) The owner or operator shall record all conversion factors and 
values under paragraph (b) of this section from which they were computed 
(i.e., CF, r, and s).
    (d) Alternatively, a source that processes elemental sulfur or an 
ore that contains elemental sulfur and uses air to supply oxygen may use 
the following

[[Page 327]]

continuous emission monitoring approach and calculation procedures in 
determining SO2 emission rates in terms of the standard. This 
procedure is not required, but is an alternative that would alleviate 
problems encountered in the measurement of gas velocities or production 
rate. Continuous emission monitoring systems for measuring 
SO2, O2, and CO2 (if required) shall be 
installed, calibrated, maintained, and operated by the owner or operator 
and subjected to the certification procedures in Performance 
Specifications 2 and 3. The calibration procedure and span value for the 
SO2 monitor shall be as specified in paragraph (b) of this 
section. The span value for CO2 (if required) shall be 10 
percent and for O2 shall be 20.9 percent (air). A conversion 
factor based on process rate data is not necessary. Calculate the 
SO2 emission rate as follows:

Es=(Cs S)/[0.265-(0.126 %O2)-(A 
    %CO2)]

where:

Es=emission rate of SO2, kg/metric ton (lb/ton) of 
100 percent of H2SO4 produced.
Cs=concentration of SO2, kg/dscm (lb/dscf).
S=acid production rate factor, 368 dscm/metric ton (11,800 dscf/ton) of 
100 percent H2SO4 produced.
%O2=oxygen concentration, percent dry basis.
A=auxiliary fuel factor,
    =0.00 for no fuel.
    =0.0226 for methane.
    =0.0217 for natural gas.
    =0.0196 for propane.
    =0.0172 for No 2 oil.
    =0.0161 for No 6 oil.
    =0.0148 for coal.
    =0.0126 for coke.
%CO2= carbon dioxide concentration, percent dry basis.

    Note: It is necessary in some cases to convert measured 
concentration units to other units for these calculations:

Use the following table for such conversions:

------------------------------------------------------------------------
              From--                        To--           Multiply by--
------------------------------------------------------------------------
g/scm.............................  kg/scm..............            10-3
mg/scm............................  kg/scm..............            10-6
ppm (SO2).........................  kg/scm..............      2.660x10-6
ppm (SO2).........................  lb/scf..............      1.660x10-7
------------------------------------------------------------------------

    (e) For the purpose of reports under Sec. 60.7(c), periods of 
excess emissions shall be all three-hour periods (or the arithmetic 
average of three consecutive one-hour periods) during which the 
integrated average sulfur dioxide emissions exceed the applicable 
standards under Sec. 60.82.

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975; 48 
FR 23611, May 25, 1983; 48 FR 4700, Sept. 29, 1983; 48 FR 48669, Oct. 
20, 1983; 54 FR 6666, Feb. 14, 1989; 65 FR 61753, Oct. 17, 2000]



Sec. 60.85  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (c) 
of this section.
    (b) The owner or operator shall determine compliance with the 
SO2 acid mist, and visible emission standards in Sec. Sec. 
60.82 and 60.83 as follows:
    (1) The emission rate (E) of acid mist or SO2 shall be 
computed for each run using the following equation:

E=(CQsd)/(PK)

where:

E=emission rate of acid mist or SO2 kg/metric ton (lb/ton) of 
100 percent H2SO4 produced.
C=concentration of acid mist or SO2, g/dscm (lb/dscf).
Qsd=volumetric flow rate of the effluent gas, dscm/hr (dscf/
hr).
P=production rate of 100 percent H2SO4, metric 
ton/hr (ton/hr).
K=conversion factor, 1000 g/kg (1.0 lb/lb).

    (2) Method 8 shall be used to determine the acid mist and 
SO2 concentrations (C's) and the volumetric flow rate 
(Qsd) of the effluent gas. The moisture content may be 
considered to be zero. The sampling time and sample volume for each run 
shall be at least 60 minutes and 1.15 dscm (40.6 dscf).
    (3) Suitable methods shall be used to determine the production rate 
(P) of 100 percent H2SO4 for each run. Material 
balance over the production system shall be used to confirm the 
production rate.
    (4) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:

[[Page 328]]

    (1) If a source processes elemental sulfur or an ore that contains 
elemental sulfur and uses air to supply oxygen, the following procedure 
may be used instead of determining the volumetric flow rate and 
production rate:
    (i) The integrated technique of Method 3 is used to determine the 
O2 concentration and, if required, CO2 
concentration.
    (ii) The SO2 or acid mist emission rate is calculated as 
described in Sec. 60.84(d), substituting the acid mist concentration 
for Cs as appropriate.

[54 FR 6666, Feb. 14, 1989]



    Subpart I_Standards of Performance for Hot Mix Asphalt Facilities



Sec. 60.90  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each hot mix asphalt facility. For the purpose of this subpart, 
a hot mix asphalt facility is comprised only of any combination of the 
following: dryers; systems for screening, handling, storing, and 
weighing hot aggregate; systems for loading, transferring, and storing 
mineral filler, systems for mixing hot mix asphalt; and the loading, 
transfer, and storage systems associated with emission control systems.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977, as amended at 51 FR 12325, Apr. 10, 1986]



Sec. 60.91  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Hot mix asphalt facility means any facility, as described in 
Sec. 60.90, used to manufacture hot mix asphalt by heating and drying 
aggregate and mixing with asphalt cements.

[51 FR 12325, Apr. 10, 1986]



Sec. 60.92  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from any affected facility any gases which:
    (1) Contain particulate matter in excess of 90 mg/dscm (0.04 gr/
dscf).
    (2) Exhibit 20 percent opacity, or greater.

[39 FR 9314, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec. 60.93  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.92 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.90 dscm (31.8 dscf).
    (2) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6667, Feb. 14, 1989]



       Subpart J_Standards of Performance for Petroleum Refineries



Sec. 60.100  Applicability, designation of affected facility, 
and reconstruction.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in petroleum refineries: fluid catalytic cracking 
unit catalyst regenerators, fuel gas combustion devices, and all Claus 
sulfur recovery plants except Claus plants with a design capacity for 
sulfur feed of 20 long tons per day (LTD) or less. The Claus sulfur 
recovery plant need not be physically located within the boundaries of a 
petroleum refinery to be an affected facility, provided it processes 
gases produced within a petroleum refinery.

[[Page 329]]

    (b) Any fluid catalytic cracking unit catalyst regenerator or fuel 
gas combustion device under paragraph (a) of this section other than a 
flare as defined in Sec. 60.101a which commences construction, 
reconstruction, or modification after June 11, 1973, and on or before 
May 14, 2007, or any fuel gas combustion device under paragraph (a) of 
this section that meets the definition of a flare as defined in Sec. 
60.101a which commences construction, reconstruction, or modification 
after June 11, 1973, and on or before June 24, 2008, or any Claus sulfur 
recovery plant under paragraph (a) of this section which commences 
construction, reconstruction, or modification after October 4, 1976, and 
on or before May 14, 2007, is subject to the requirements of this 
subpart except as provided under paragraphs (c) and (d) of this section.
    (c) Any fluid catalytic cracking unit catalyst regenerator under 
paragraph (b) of this section which commences construction, 
reconstruction, or modification on or before January 17, 1984, is 
exempted from Sec. 60.104(b).
    (d) Any fluid catalytic cracking unit in which a contact material 
reacts with petroleum derivatives to improve feedstock quality and in 
which the contact material is regenerated by burning off coke and/or 
other deposits and that commences construction, reconstruction, or 
modification on or before January 17, 1984, is exempt from this subpart.
    (e) For purposes of this subpart, under Sec. 60.15, the ``fixed 
capital cost of the new components'' includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following January 17, 1984. For purposes of this 
paragraph, ``commenced'' means that an owner or operator has undertaken 
a continuous program of component replacement or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of component 
replacement.

[43 FR 10868, Mar. 15, 1978, as amended at 44 FR 61543, Oct. 25, 1979; 
54 FR 34026, Aug. 17, 1989; 73 FR 35865, June 24, 2008]



Sec. 60.101  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A.
    (a) Petroleum refinery means any facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products through distillation of petroleum or 
through redistillation, cracking or reforming of unfinished petroleum 
derivatives.
    (b) Petroleum means the crude oil removed from the earth and the 
oils derived from tar sands, shale, and coal.
    (c) Process gas means any gas generated by a petroleum refinery 
process unit, except fuel gas and process upset gas as defined in this 
section.
    (d) Fuel gas means any gas which is generated at a petroleum 
refinery and which is combusted. Fuel gas also includes natural gas when 
the natural gas is combined and combusted in any proportion with a gas 
generated at a refinery. Fuel gas does not include gases generated by 
catalytic cracking unit catalyst regenerators and fluid coking burners. 
Fuel gas does not include vapors that are collected and combusted to 
comply with the wastewater provisions in Sec. 60.692, 40 CFR 61.343 
through 61.348, or 40 CFR 63.647, or the marine tank vessel loading 
provisions in 40 CFR 63.562 or 40 CFR 63.651.
    (e) Process upset gas means any gas generated by a petroleum 
refinery process unit as a result of start-up, shut-down, upset or 
malfunction.
    (f) Refinery process unit means any segment of the petroleum 
refinery in which a specific processing operation is conducted.
    (g) Fuel gas combustion device means any equipment, such as process 
heaters, boilers and flares used to combust fuel gas, except facilities 
in which gases are combusted to produce sulfur or sulfuric acid.
    (h) Coke burn-off means the coke removed from the surface of the 
fluid catalytic cracking unit catalyst by combustion in the catalyst 
regenerator. The rate of coke burn-off is calculated by the formula 
specified in Sec. 60.106.

[[Page 330]]

    (i) Claus sulfur recovery plant means a process unit which recovers 
sulfur from hydrogen sulfide by a vapor-phase catalytic reaction of 
sulfur dioxide and hydrogen sulfide.
    (j) Oxidation control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to sulfur dioxide.
    (k) Reduction control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to hydrogen sulfide.
    (l) Reduced sulfur compounds means hydrogen sulfide 
(H2S), carbonyl sulfide (COS) and carbon disulfide 
(CS2).
    (m) Fluid catalytic cracking unit means a refinery process unit in 
which petroleum derivatives are continuously charged; hydrocarbon 
molecules in the presence of a catalyst suspended in a fluidized bed are 
fractured into smaller molecules, or react with a contact material 
suspended in a fluidized bed to improve feedstock quality for additional 
processing; and the catalyst or contact material is continuously 
regenerated by burning off coke and other deposits. The unit includes 
the riser, reactor, regenerator, air blowers, spent catalyst or contact 
material stripper, catalyst or contact material recovery equipment, and 
regenerator equipment for controlling air pollutant emissions and for 
heat recovery.
    (n) Fluid catalytic cracking unit catalyst regenerator means one or 
more regenerators (multiple regenerators) which comprise that portion of 
the fluid catalytic cracking unit in which coke burn-off and catalyst or 
contact material regeneration occurs, and includes the regenerator 
combustion air blower(s).
    (o) Fresh feed means any petroleum derivative feedstock stream 
charged directly into the riser or reactor of a fluid catalytic cracking 
unit except for petroleum derivatives recycled within the fluid 
catalytic cracking unit, fractionator, or gas recovery unit.
    (p) Contact material means any substance formulated to remove 
metals, sulfur, nitrogen, or any other contaminant from petroleum 
derivatives.
    (q) Valid day means a 24-hour period in which at least 18 valid 
hours of data are obtained. A ``valid hour'' is one in which at least 2 
valid data points are obtained.

[39 FR 9315, Mar. 8, 1974, as amended at 43 FR 10868, Mar. 15, 1978; 44 
FR 13481, Mar. 12, 1979; 45 FR 79453, Dec. 1, 1980; 54 FR 34027, Aug. 
17, 1989; 73 FR 35865, June 24, 2008]



Sec. 60.102  Standard for particulate matter.

    Each owner or operator of any fluid catalytic cracking unit catalyst 
regenerator that is subject to the requirements of this subpart shall 
comply with the emission limitations set forth in this section on and 
after the date on which the initial performance test, required by Sec. 
60.8, is completed, but not later than 60 days after achieving the 
maximum production rate at which the fluid catalytic cracking unit 
catalyst regenerator will be operated, or 180 days after initial 
startup, whichever comes first.
    (a) No owner or operator subject to the provisions of this subpart 
shall discharge or cause the discharge into the atmosphere from any 
fluid catalytic cracking unit catalyst regenerator:
    (1) Particulate matter in excess of 1.0 kg/Mg (2.0 lb/ton) of coke 
burn-off in the catalyst regenerator.
    (2) Gases exhibiting greater than 30 percent opacity, except for one 
six-minute average opacity reading in any one hour period.
    (b) Where the gases discharged by the fluid catalytic cracking unit 
catalyst regenerator pass through an incinerator or waste heat boiler in 
which auxiliary or supplemental liquid or solid fossil fuel is burned, 
particulate matter in excess of that permitted by paragraph (a)(1) of 
this section may be emitted to the atmosphere, except that the 
incremental rate of particulate matter emissions shall not exceed 43 
grams per Gigajoule (g/GJ) (0.10 lb/million British thermal units (Btu)) 
of heat input attributable to such liquid or solid fossil fuel.

[39 FR 9315, Mar. 8, 1974, as amended at 42 FR 32427, June 24, 1977; 42 
FR 39389, Aug. 4, 1977; 43 FR 10868, Feb. 15, 1978; 54 FR 34027, Aug. 
17, 1989; 65 FR 61753, Oct. 17, 2000; 73 FR 35866, June 24, 2008]

[[Page 331]]



Sec. 60.103  Standard for carbon monoxide.

    Each owner or operator of any fluid catalytic cracking unit catalyst 
regenerator that is subject to the requirements of this subpart shall 
comply with the emission limitations set forth in this section on and 
after the date on which the initial performance test, required by Sec. 
60.8, is completed, but not later than 60 days after achieving the 
maximum production rate at which the fluid catalytic cracking unit 
catalyst regenerator will be operated, or 180 days after initial 
startup, whichever comes first.
    (a) No owner or operator subject to the provisions of this subpart 
shall discharge or cause the discharge into the atmosphere from any 
fluid catalytic cracking unit catalyst regenerator any gases that 
contain carbon monoxide (CO) in excess of 500 ppm by volume (dry basis).

[54 FR 34027, Aug. 17, 1989, as amended at 55 FR 40175, Oct. 2, 1990]



Sec. 60.104  Standards for sulfur oxides.

    Each owner or operator that is subject to the requirements of this 
subpart shall comply with the emission limitations set forth in this 
section on and after the date on which the initial performance test, 
required by Sec. 60.8, is completed, but not later than 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, or 180 days after initial startup, whichever comes 
first.
    (a) No owner or operator subject to the provisions of this subpart 
shall:
    (1) Burn in any fuel gas combustion device any fuel gas that 
contains hydrogen sulfide (H2S) in excess of 230 mg/dscm 
(0.10 gr/dscf). The combustion in a flare of process upset gases or fuel 
gas that is released to the flare as a result of relief valve leakage or 
other emergency malfunctions is exempt from this paragraph.
    (2) Discharge or cause the discharge of any gases into the 
atmosphere from any Claus sulfur recovery plant containing in excess of:
    (i) For an oxidation control system or a reduction control system 
followed by incineration, 250 ppm by volume (dry basis) of sulfur 
dioxide (SO2) at zero percent excess air.
    (ii) For a reduction control system not followed by incineration, 
300 ppm by volume of reduced sulfur compounds and 10 ppm by volume of 
hydrogen sulfide (H2S), each calculated as ppm SO2 
by volume (dry basis) at zero percent excess air.
    (b) Each owner or operator that is subject to the provisions of this 
subpart shall comply with one of the following conditions for each 
affected fluid catalytic cracking unit catalyst regenerator:
    (1) With an add-on control device, reduce SO2 emissions 
to the atmosphere by 90 percent or maintain SO2 emissions to 
the atmosphere less than or equal to 50 ppm by volume (ppmv), whichever 
is less stringent; or
    (2) Without the use of an add-on control device to reduce 
SO2 emission, maintain sulfur oxides emissions calculated as 
SO2 to the atmosphere less than or equal to 9.8 kg/Mg (20 lb/
ton) coke burn-off; or
    (3) Process in the fluid catalytic cracking unit fresh feed that has 
a total sulfur content no greater than 0.30 percent by weight.
    (c) Compliance with paragraph (b)(1), (b)(2), or (b)(3) of this 
section is determined daily on a 7-day rolling average basis using the 
appropriate procedures outlined in Sec. 60.106.
    (d) A minimum of 22 valid days of data shall be obtained every 30 
rolling successive calendar days when complying with paragraph (b)(1) of 
this section.

[43 FR 10869, Mar. 15, 1978, as amended at 54 FR 34027, Aug. 17, 1989; 
55 FR 40175, Oct. 2, 1990; 65 FR 61754, Oct. 17, 2000; 73 FR 35866, June 
24, 2008]



Sec. 60.105  Monitoring of emissions and operations.

    (a) Continuous monitoring systems shall be installed, calibrated, 
maintained, and operated by the owner or operator subject to the 
provisions of this subpart as follows:
    (1) For fluid catalytic cracking unit catalyst regenerators subject 
to Sec. 60.102(a)(2), an instrument for continuously monitoring and 
recording

[[Page 332]]

the opacity of emissions into the atmosphere. The instrument shall be 
spanned at 60, 70, or 80 percent opacity.
    (2) For fluid catalytic cracking unit catalyst regenerators subject 
to Sec. 60.103(a), an instrument for continuously monitoring and 
recording the concentration by volume (dry basis) of CO emissions into 
the atmosphere, except as provided in paragraph (a)(2) (ii) of this 
section.
    (i) The span value for this instrument is 1,000 ppm CO.
    (ii) A CO continuous monitoring system need not be installed if the 
owner or operator demonstrates that the average CO emissions are less 
than 50 ppm (dry basis) and also files a written request for exemption 
to the Administrator and receives such an exemption. The demonstration 
shall consist of continuously monitoring CO emissions for 30 days using 
an instrument that shall meet the requirements of Performance 
Specification 4 of appendix B of this part. The span value shall be 100 
ppm CO instead of 1,000 ppm, and the relative accuracy limit shall be 10 
percent of the average CO emissions or 5 ppm CO, whichever is greater. 
For instruments that are identical to Method 10 and employ the sample 
conditioning system of Method 10A, the alternative relative accuracy 
test procedure in Sec. 10.1 of Performance Specification 2 may be used 
in place of the relative accuracy test.
    (3) For fuel gas combustion devices subject to Sec. 60.104(a)(1), 
either an instrument for continuously monitoring and recording the 
concentration by volume (dry basis, zero percent excess air) of 
SO2 emissions into the atmosphere or monitoring as provided 
in paragraph (a)(4) of this section). The monitor shall include an 
oxygen monitor for correcting the data for excess.
    (i) The span values for this monitor are 50 ppm SO2 and 
25 percent oxygen (O2).
    (ii) The SO2 monitoring level equivalent to the 
H2S standard under Sec. 60.104(a)(1) shall be 20 ppm (dry 
basis, zero percent excess air).
    (iii) The performance evaluations for this SO2 monitor 
under Sec. 60.13(c) shall use Performance Specification 2. Methods 6 or 
6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations. Method 6 samples shall be taken at a flow rate of 
approximately 2 liters/min for at least 30 minutes. The relative 
accuracy limit shall be 20 percent or 4 ppm, whichever is greater, and 
the calibration drift limit shall be 5 percent of the established span 
value.
    (iv) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location (i.e., after one of the combustion 
devices), if monitoring at this location accurately represents the 
SO2 emissions into the atmosphere from each of the combustion 
devices.
    (4) Instead of the SO2 monitor in paragraph (a)(3) of 
this section for fuel gas combustion devices subject to Sec. 
60.104(a)(1), an instrument for continuously monitoring and recording 
the concentration (dry basis) of H2S in fuel gases before 
being burned in any fuel gas combustion device.
    (i) The span value for this instrument is 425 mg/dscm 
H2S.
    (ii) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location, if monitoring at this location 
accurately represents the concentration of H2S in the fuel 
gas being burned.
    (iii) The performance evaluations for this H2S monitor 
under Sec. 60.13(c) shall use Performance Specification 7. Method 11, 
15, 15A, or 16 shall be used for conducting the relative accuracy 
evaluations.
    (iv) The owner or operator of a fuel gas combustion device is not 
required to comply with paragraph (a)(3) or (4) of this section for fuel 
gas streams that are exempt under Sec. 60.104(a)(1) and fuel gas 
streams combusted in a fuel gas combustion device that are inherently 
low in sulfur content. Fuel gas streams meeting one of the requirements 
in paragraphs (a)(4)(iv)(A) through (D) of this section will be 
considered inherently low in sulfur content. If the composition of a 
fuel gas stream changes such that it is no longer exempt under Sec. 
60.104(a)(1) or it no longer meets one of the requirements in paragraphs 
(a)(4)(iv)(A) through (D) of this section, the owner or operator must 
begin continuous monitoring under paragraph (a)(3) or (4) of this 
section within 15 days of the change.
    (A) Pilot gas for heaters and flares.

[[Page 333]]

    (B) Fuel gas streams that meet a commercial-grade product 
specification for sulfur content of 30 ppmv or less. In the case of a 
liquefied petroleum gas (LPG) product specification in the pressurized 
liquid state, the gas phase sulfur content should be evaluated assuming 
complete vaporization of the LPG and sulfur containing-compounds at the 
product specification concentration.
    (C) Fuel gas streams produced in process units that are intolerant 
to sulfur contamination, such as fuel gas streams produced in the 
hydrogen plant, the catalytic reforming unit, the isomerization unit, 
and HF alkylation process units.
    (D) Other fuel gas streams that an owner or operator demonstrates 
are low-sulfur according to the procedures in paragraph (b) of this 
section.
    (5) For Claus sulfur recovery plants with oxidation control systems 
or reduction control systems followed by incineration subject to Sec. 
60.104(a)(2)(i), an instrument for continuously monitoring and recording 
the concentration (dry basis, zero percent excess air) of SO2 
emissions into the atmosphere. The monitor shall include an oxygen 
monitor for correcting the data for excess air.
    (i) The span values for this monitor are 500 ppm SO2 and 
25 percent O2.
    (ii) The performance evaluations for this SO2 monitor 
under Sec. 60.13(c) shall use Performance Specification 2. Methods 6 or 
6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations.
    (6) For Claus sulfur recovery plants with reduction control systems 
not followed by incineration subject to Sec. 60.104(a)(2)(ii), an 
instrument for continuously monitoring and recording the concentration 
of reduced sulfur and O2 emissions into the atmosphere. The 
reduced sulfur emissions shall be calculated as SO2 (dry 
basis, zero percent excess air).
    (i) The span values for this monitor are 450 ppm reduced sulfur and 
25 percent O2.
    (ii) The performance evaluations for this reduced sulfur (and 
O2) monitor under Sec. 60.13(c) shall use Performance 
Specification 5 of appendix B of this part(and Performance Specification 
3 of appendix B of this partfor the O2 analyzer). Methods 15 
or 15A and Method 3 shall be used for conducting the relative accuracy 
evaluations. If Method 3 yields O2 concentrations below 0.25 
percent during the performance specification test, the O2 
concentration may be assumed to be zero and the reduced sulfur CEMS need 
not include an O2 monitor.
    (7) In place of the reduced sulfur monitor under paragraph (a)(6) of 
this section, an instrument using an air or O2 dilution and 
oxidation system to convert the reduced sulfur to SO2 for 
continuously monitoring and recording the concentration (dry basis, zero 
percent excess air) of the resultant SO2. The monitor shall 
include an oxygen monitor for correcting the data for excess oxygen.
    (i) The span values for this monitor are 375 ppm SO2 and 
25 percent O2.
    (ii) For reporting purposes, the SO2 exceedance level for 
this monitor is 250 ppm (dry basis, zero percent excess air).
    (iii) The performance evaluations for this SO2 (and 
O2) monitor under Sec. 60.13(c) shall use Performance 
Specification 5. Methods 15 or 15A and Method 3 shall be used for 
conducting the relative accuracy evaluations.
    (8) An instrument for continuously monitoring and recording 
concentrations of SO2 in the gases at both the inlet and 
outlet of the SO2 control device from any fluid catalytic 
cracking unit catalyst regenerator for which the owner or operator seeks 
to comply specifically with the 90 percent reduction option under Sec. 
60.104(b)(1).
    (i) The span value of the inlet monitor shall be set at 125 percent 
of the maximum estimated hourly potential SO2 emission 
concentration entering the control device, and the span value of the 
outlet monitor shall be set at 50 percent of the maximum estimated 
hourly potential SO2 emission concentration entering the 
control device.
    (ii) The performance evaluations for these SO2 monitors 
under Sec. 60.13(c) shall use Performance Specification 2. Methods 6 or 
6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations.

[[Page 334]]

    (9) An instrument for continuously monitoring and recording 
concentrations of SO2 in the gases discharged into the 
atmosphere from any fluid catalytic cracking unit catalyst regenerator 
for which the owner or operator seeks to comply specifically with the 50 
ppmv emission limit under Sec. 60.104 (b)(1).
    (i) The span value of the monitor shall be set at 50 percent of the 
maximum hourly potential SO2 emission concentration of the 
control device.
    (ii) The performance evaluations for this SO2 monitor 
under Sec. 60.13 (c) shall use Performance Specification 2. Methods 6 
or 6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations.
    (10) An instrument for continuously monitoring and recording 
concentrations of oxygen (O2) in the gases at both the inlet 
and outlet of the sulfur dioxide control device (or the outlet only if 
specifically complying with the 50 ppmv standard) from any fluid 
catalytic cracking unit catalyst regenerator for which the owner or 
operator has elected to comply with Sec. 60.104(b)(1). The span of this 
continuous monitoring system shall be set at 10 percent.
    (11) The continuous monitoring systems under paragraphs (a)(8), 
(a)(9), and (a)(10) of this section are operated and data recorded 
during all periods of operation of the affected facility including 
periods of startup, shutdown, or malfunction, except for continuous 
monitoring system breakdowns, repairs, calibration checks, and zero and 
span adjustments.
    (12) The owner or operator shall use the following procedures to 
evaluate the continuous monitoring systems under paragraphs (a)(8), 
(a)(9), and (a)(10) of this section.
    (i) Method 3 or 3A and Method 6 or 6C for the relative accuracy 
evaluations under the Sec. 60.13(e) performance evaluation.
    (ii) appendix F, Procedure 1, including quarterly accuracy 
determinations and daily calibration drift tests.
    (13) When seeking to comply with Sec. 60.104(b)(1), when emission 
data are not obtained because of continuous monitoring system 
breakdowns, repairs, calibration checks and zero and span adjustments, 
emission data will be obtained by using one of the following methods to 
provide emission data for a minimum of 18 hours per day in at least 22 
out of 30 rolling successive calendar days.
    (i) The test methods as described in Sec. 60.106(k);
    (ii) A spare continuous monitoring system; or
    (iii) Other monitoring systems as approved by the Administrator.
    (b) An owner or operator may demonstrate that a fuel gas stream 
combusted in a fuel gas combustion device subject to Sec. 60.104(a)(1) 
that is not specifically exempted in Sec. 60.105(a)(4)(iv) is 
inherently low in sulfur. A fuel gas stream that is determined to be 
low-sulfur is exempt from the monitoring requirements in paragraphs 
(a)(3) and (4) of this section until there are changes in operating 
conditions or stream composition.
    (1) The owner or operator shall submit to the Administrator a 
written application for an exemption from monitoring. The application 
must contain the following information:
    (i) A description of the fuel gas stream/system to be considered, 
including submission of a portion of the appropriate piping diagrams 
indicating the boundaries of the fuel gas stream/system, and the 
affected fuel gas combustion device(s) to be considered;
    (ii) A statement that there are no crossover or entry points for 
sour gas (high H2S content) to be introduced into the fuel 
gas stream/system (this should be shown in the piping diagrams);
    (iii) An explanation of the conditions that ensure low amounts of 
sulfur in the fuel gas stream (i.e., control equipment or product 
specifications) at all times;
    (iv) The supporting test results from sampling the requested fuel 
gas stream/system demonstrating that the sulfur content is less than 5 
ppmv. Sampling data must include, at minimum, 2 weeks of daily 
monitoring (14 grab samples) for frequently operated fuel gas streams/
systems; for infrequently operated fuel gas streams/systems, seven grab 
samples must be collected unless other additional information would 
support reduced sampling. The

[[Page 335]]

owner or operator shall use detector tubes (``length-of-stain tube'' 
type measurement) following the ``Gas Processors Association Standard 
2377-86, Test for Hydrogen Sulfide and Carbon Dioxide in Natural Gas 
Using Length of Stain Tubes,'' 1986 Revision (incorporated by 
reference--see Sec. 60.17), with ranges 0-10/0-100 ppm (N = 10/1) to 
test the applicant fuel gas stream for H2S; and
    (v) A description of how the 2 weeks (or seven samples for 
infrequently operated fuel gas streams/systems) of monitoring results 
compares to the typical range of H2S concentration (fuel 
quality) expected for the fuel gas stream/system going to the affected 
fuel gas combustion device (e.g., the 2 weeks of daily detector tube 
results for a frequently operated loading rack included the entire range 
of products loaded out, and, therefore, should be representative of 
typical operating conditions affecting H2S content in the 
fuel gas stream going to the loading rack flare).
    (2) The effective date of the exemption is the date of submission of 
the information required in paragraph (b)(1) of this section).
    (3) No further action is required unless refinery operating 
conditions change in such a way that affects the exempt fuel gas stream/
system (e.g., the stream composition changes). If such a change occurs, 
the owner or operator will follow the procedures in paragraph (b)(3)(i), 
(b)(3)(ii), or (b)(3)(iii) of this section.
    (i) If the operation change results in a sulfur content that is 
still within the range of concentrations included in the original 
application, the owner or operator shall conduct an H2S test 
on a grab sample and record the results as proof that the concentration 
is still within the range.
    (ii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original 
application, the owner or operator may submit new information following 
the procedures of paragraph (b)(1) of this section within 60 days (or 
within 30 days after the seventh grab sample is tested for infrequently 
operated process units).
    (iii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original application 
and the owner or operator chooses not to submit new information to 
support an exemption, the owner or operator must begin H2S 
monitoring using daily stain sampling to demonstrate compliance. The 
owner or operator must begin monitoring according to the requirements in 
paragraphs (a)(1) or (a)(2) of this section as soon as practicable but 
in no case later than 180 days after the operation change. During daily 
stain tube sampling, a daily sample exceeding 162 ppmv is an exceedance 
of the 3-hour H2S concentration limit. The owner or operator 
must determine a rolling 365-day average using the stain sampling 
results; an average H2S concentration of 5 ppmv must be used 
for days prior to the operation change.
    (c) The average coke burn-off rate (Mg (tons) per hour) and hours of 
operation shall be recorded daily for any fluid catalytic cracking unit 
catalyst regenerator subject to Sec. 60.102, Sec. 60.103, or Sec. 
60.104(b)(2).
    (d) For any fluid catalytic cracking unit catalyst regenerator under 
Sec. 60.102 that uses an incinerator-waste heat boiler to combust the 
exhaust gases from the catalyst regenerator, the owner or operator shall 
record daily the rate of combustion of liquid or solid fossil-fuels and 
the hours of operation during which liquid or solid fossil-fuels are 
combusted in the incinerator-waste heat boiler.
    (e) For the purpose of reports under Sec. 60.7(c), periods of 
excess emissions that shall be determined and reported are defined as 
follows:
    Note: All averages, except for opacity, shall be determined as the 
arithmetic average of the applicable 1-hour averages, e.g., the rolling 
3-hour average shall be determined as the arithmetic average of three 
contiguous 1-hour averages.
    (1) Opacity. All 1-hour periods that contain two or more 6-minute 
periods during which the average opacity as measured by the continuous 
monitoring system under Sec. 60.105(a)(1) exceeds 30 percent.

[[Page 336]]

    (2) Carbon monoxide. All 1-hour periods during which the average CO 
concentration as measured by the CO continuous monitoring system under 
Sec. 60.105(a)(2) exceeds 500 ppm.
    (3) Sulfur dioxide from fuel gas combustion. (i) All rolling 3-hour 
periods during which the average concentration of SO2 as 
measured by the SO2 continuous monitoring system under Sec. 
60.105(a)(3) exceeds 20 ppm (dry basis, zero percent excess air); or
    (ii) All rolling 3-hour periods during which the average 
concentration of H2S as measured by the H2S 
continuous monitoring system under Sec. 60.105(a)(4) exceeds 230 mg/
dscm (0.10 gr/dscf).
    (4) Sulfur dioxide from Claus sulfur recovery plants. (i) All 12-
hour periods during which the average concentration of SO2 as 
measured by the SO2 continuous monitoring system under Sec. 
60.105(a)(5) exceeds 250 ppm (dry basis, zero percent excess air); or
    (ii) All 12-hour periods during which the average concentration of 
reduced sulfur (as SO2) as measured by the reduced sulfur 
continuous monitoring system under Sec. 60.105(a)(6) exceeds 300 ppm; 
or
    (iii) All 12-hour periods during which the average concentration of 
SO2 as measured by the SO2 continuous monitoring 
system under Sec. 60.105(a)(7) exceeds 250 ppm (dry basis, zero percent 
excess air).

[39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975; 42 
FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR 10869, Mar. 
15, 1978; 48 FR 23611, May 25, 1983; 50 FR 31701, Aug. 5, 1985; 54 FR 
34028, Aug. 17, 1989; 55 FR 40175, Oct. 2, 1990; 65 FR 61754, Oct. 17, 
2000; 73 FR 35866, June 24, 2008]



Sec. 60.106  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter (PM) standards in Sec. 60.102(a) as follows:
    (1) The emission rate (E) of PM shall be computed for each run using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.000

Where:

E = Emission rate of PM, kg/Mg (lb/ton) of coke burn-off.
cs = Concentration of PM, g/dscm (gr/dscf).
Qsd = Volumetric flow rate of effluent gas, dscm/hr (dscf/
hr).
Rc = Coke burn-off rate, Mg/hr (ton/hr) coke.
K=Conversion factor, 1,000 g/kg (7,000 gr/lb).

    (2) Method 5B or 5F is to be used to determine particulate matter 
emissions and associated moisture content from affected facilities 
without wet FGD systems; only Method 5B is to be used after wet FGD 
systems. The sampling time for each run shall be at least 60 minutes and 
the sampling rate shall be at least 0.015 dscm/min (0.53 dscf/min), 
except that shorter sampling times may be approved by the Administrator 
when process variables or other factors preclude sampling for at least 
60 minutes.
    (3) The coke burn-off rate (Rc) shall be computed for 
each run using the following equation:

 Rc = K1Qr (%CO2 + %CO) + 
    K2Qa-K3Qr (%CO/2 + 
    %CO2 + %O2) + K3Qoxy 
    (%Ooxy)

Where:

Rc = Coke burn-off rate, kilograms per hour (kg/hr) (lb/hr).
Qr = Volumetric flow rate of exhaust gas from fluid catalytic 
cracking unit regenerator before entering the emission control system, 
dscm/min (dscf/min).
Qa = Volumetric flow rate of air to fluid catalytic cracking 
unit regenerator, as determined from the fluid catalytic cracking unit 
control room instrumentation, dscm/min (dscf/min).
Qoxy = Volumetric flow rate of O2 enriched air to 
fluid catalytic cracking unit regenerator, as determined from the fluid 
catalytic cracking unit control room instrumentation, dscm/min (dscf/
min).
%CO2 = Carbon dioxide concentration in fluid catalytic 
cracking unit regenerator exhaust, percent by volume (dry basis).
%CO = CO concentration in FCCU regenerator exhaust, percent by volume 
(dry basis).
%O2 = O2 concentration in fluid catalytic cracking 
unit regenerator exhaust, percent by volume (dry basis).
%Ooxy = O2 concentration in O2 enriched 
air stream inlet to the fluid catalytic cracking unit regenerator, 
percent by volume (dry basis).

[[Page 337]]

K1 = Material balance and conversion factor, 0.2982 (kg-min)/
(hr-dscm-%) [0.0186 (lb-min)/(hr-dscf-%)].
K2 = Material balance and conversion factor, 2.088 (kg-min)/
(hr-dscm) [0.1303 (lb-min)/(hr-dscf)].
K3 = Material balance and conversion factor, 0.0994 (kg-min)/
(hr-dscm-%) [0.00624 (lb-min)/(hr-dscf-%)].

    (i) Method 2 shall be used to determine the volumetric flow rate 
(Qr).
    (ii) The emission correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine 
CO2, CO, and O2 concentrations.
    (4) Method 9 and the procedures of Sec. 60.11 shall be used to 
determine opacity.
    (c) If auxiliary liquid or solid fossil-fuels are burned in an 
incinerator-waste heat boiler, the owner or operator shall determine the 
emission rate of PM permitted in Sec. 60.102(b) as follows:
    (1) The allowable emission rate (Es) of PM shall be 
computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.002

Where:

Es = Emission rate of PM allowed, kg/Mg (lb/ton) of coke 
burn-off in catalyst regenerator.
F=Emission standard, 1.0 kg/Mg (2.0 lb/ton) of coke burn-off in catalyst 
regenerator.
A = Allowable incremental rate of PM emissions, 7.5 x 10-4 
kg/million J (0.10 lb/million Btu).
H = Heat input rate from solid or liquid fossil fuel, million J/hr 
(million Btu/hr).
Rc = Coke burn-off rate, Mg coke/hr (ton coke/hr).

    (2) Procedures subject to the approval of the Administrator shall be 
used to determine the heat input rate.
    (3) The procedure in paragraph (b)(3) of this section shall be used 
to determine the coke burn-off rate (Rc).
    (d) The owner or operator shall determine compliance with the CO 
standard in Sec. 60.103(a) by using the integrated sampling technique 
of Method 10 to determine the CO concentration (dry basis). The sampling 
time for each run shall be 60 minutes.
    (e)(1) The owner or operator shall determine compliance with the 
H2S standard in Sec. 60.104(a)(1) as follows: Method 11, 15, 
15A, or 16 shall be used to determine the H2S concentration. 
The gases entering the sampling train should be at about atmospheric 
pressure. If the pressure in the refinery fuel gas lines is relatively 
high, a flow control valve may be used to reduce the pressure. If the 
line pressure is high enough to operate the sampling train without a 
vacuum pump, the pump may be eliminated from the sampling train. The 
sample shall be drawn from a point near the centroid of the fuel gas 
line.
    (i) For Method 11, the sampling time and sample volume shall be at 
least 10 minutes and 0.010 dscm (0.35 dscf). Two samples of equal 
sampling times shall be taken at about 1-hour intervals. The arithmetic 
average of these two samples shall constitute a run. For most fuel 
gases, sampling times exceeding 20 minutes may result in depletion of 
the collection solution, although fuel gases containing low 
concentrations of H2S may necessitate sampling for longer 
periods of time.
    (ii) For Method 15 or 16, at least three injects over a 1-hour 
period shall constitute a run.
    (iii) For Method 15A, a 1-hour sample shall constitute a run.
    (2) Where emissions are monitored by Sec. 60.105(a)(3), compliance 
with Sec. 60.104(a)(1) shall be determined using Method 6 or 6C and 
Method 3 or 3A. The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust 
Gas Analyses,'' (incorporated by reference--see Sec. 60.17) is an 
acceptable alternative to EPA Method 6. A 1-hour sample shall constitute 
a run. Method 6 samples shall be taken at a rate of approximately 2 
liters/min. The ppm correction factor (Method 6) and the sampling 
location in paragraph (f)(1) of this section apply. Method 4 shall be 
used to determine the moisture content of the gases. The sampling point 
for Method 4 shall be adjacent to the sampling point for Method 6 or 6C.
    (f) The owner or operator shall determine compliance with the 
SO2 and the H2S and reduced sulfur standards in 
Sec. 60.104(a)(2) as follows:
    (1) Method 6 shall be used to determine the SO2 
concentration. The concentration in mg/dscm obtained by Method 6 or 6C 
is multiplied by 0.3754 to obtain the concentration in ppm.

[[Page 338]]

The sampling point in the duct shall be the centroid of the cross 
section if the cross-sectional area is less than 5.00 m\2\ (53.8 ft\2\) 
or at a point no closer to the walls than 1.00 m (39.4 in.) if the 
cross-sectional area is 5.00 m\2\ or more and the centroid is more than 
1 m from the wall. The sampling time and sample volume shall be at least 
10 minutes and 0.010 dscm (0.35 dscf) for each sample. Eight samples of 
equal sampling times shall be taken at about 30-minute intervals. The 
arithmetic average of these eight samples shall constitute a run. For 
Method 6C, a run shall consist of the arithmetic average of four 1-hour 
samples. Method 4 shall be used to determine the moisture content of the 
gases. The sampling point for Method 4 shall be adjacent to the sampling 
point for Method 6 or 6C. The sampling time for each sample shall be 
equal to the time it takes for two Method 6 samples. The moisture 
content from this sample shall be used to correct the corresponding 
Method 6 samples for moisture. For documenting the oxidation efficiency 
of the control device for reduced sulfur compounds, Method 15 shall be 
used following the procedures of paragraph (f)(2) of this section.
    (2) Method 15 shall be used to determine the reduced sulfur and 
H2 S concentrations. Each run shall consist of 16 samples 
taken over a minimum of 3 hours. The sampling point shall be the same as 
that described for Method 6 in paragraph (f)(1) of this section. To 
ensure minimum residence time for the sample inside the sample lines, 
the sampling rate shall be at least 3.0 lpm (0.10 cfm). The 
SO2 equivalent for each run shall be calculated after being 
corrected for moisture and oxygen as the arithmetic average of the 
SO2 equivalent for each sample during the run. Method 4 shall 
be used to determine the moisture content of the gases as the paragraph 
(f)(1) of this section. The sampling time for each sample shall be equal 
to the time it takes for four Method 15 samples.
    (3) The oxygen concentration used to correct the emission rate for 
excess air shall be obtained by the integrated sampling and analysis 
procedure of Method 3 or 3A. The samples shall be taken simultaneously 
with the SO2, reduced sulfur and H2S, or moisture 
samples. The SO2, reduced sulfur, and H2S samples 
shall be corrected to zero percent excess air using the equation in 
paragraph (h)(6) of this section.
    (g) Each performance test conducted for the purpose of determining 
compliance under Sec. 60.104(b) shall consist of all testing performed 
over a 7-day period using Method 6 or 6C and Method 3 or 3A. To 
determine compliance, the arithmetic mean of the results of all the 
tests shall be compared with the applicable standard.
    (h) For the purpose of determining compliance with Sec. 
60.104(b)(1), the following calculation procedures shall be used:
    (1) Calculate each 1-hour average concentration (dry, zero percent 
oxygen, ppmv) of sulfur dioxide at both the inlet and the outlet to the 
add-on control device as specified in Sec. 60.13(h). These calculations 
are made using the emission data collected under Sec. 60.105(a).
    (2) Calculate a 7-day average (arithmetic mean) concentration of 
sulfur dioxide for the inlet and for the outlet to the add-on control 
device using all of the 1-hour average concentration values obtained 
during seven successive 24-hour periods.
    (3) Calculate the 7-day average percent reduction using the 
following equation:

Rso2 = 100(Cso2(i)-Cso2(o))/
    Cso2(i)

where:

Rso2 = 7-day average sulfur dioxide emission reduction, 
percent
Cso2(i) = sulfur dioxide emission concentration determined in 
Sec. 60.106(h)(2) at the inlet to the add-on control device, ppmv
Cso2(o) = sulfur dioxide emission concentration determined in 
Sec. 60.106(h)(2) at the outlet to the add-on control device, ppmv
100 = conversion factor, decimal to percent

    (4) Outlet concentrations of sulfur dioxide from the add-on control 
device for compliance with the 50 ppmv standard, reported on a dry, 
O2-free basis, shall be calculated using the procedures 
outlined in Sec. 60.106(h)(1) and (2) above, but for the outlet monitor 
only.
    (5) If supplemental sampling data are used for determining the 7-day 
averages under paragraph (h) of this section and such data are not 
hourly averages, then the value obtained for each supplemental sample 
shall be assumed to

[[Page 339]]

represent the hourly average for each hour over which the sample was 
obtained.
    (6) For the purpose of adjusting pollutant concentrations to zero 
percent oxygen, the following equation shall be used:

Cadj = Cmeas [20.9c/(20.9-
    %O2)]

where:

Cadj = pollutant concentration adjusted to zero percent 
oxygen, ppm or g/dscm
Cmeas = pollutant concentration measured on a dry basis, ppm 
or g/dscm
20.9c = 20.9 percent oxygen-0.0 percent oxygen (defined 
oxygen correction basis), percent
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (i) For the purpose of determining compliance with Sec. 
60.104(b)(2), the following reference methods and calculation procedures 
shall be used except as provided in paragraph (i)(12) of this section:
    (1) One 3-hour test shall be performed each day.
    (2) For gases released to the atmosphere from the fluid catalytic 
cracking unit catalyst regenerator:
    (i) Method 8 as modified in Sec. 60.106(i)(3) for moisture content 
and for the concentration of sulfur oxides calculated as sulfur dioxide,
    (ii) Method 1 for sample and velocity traverses,
    (iii) Method 2 calculation procedures (data obtained from Methods 3 
and 8) for velocity and volumetric flow rate, and
    (iv) Method 3 for gas analysis.
    (3) Method 8 shall be modified by the insertion of a heated glass 
fiber filter between the probe and first impinger. The probe liner and 
glass fiber filter temperature shall be maintained above 160 [deg]C (320 
[deg]F). The isopropanol impinger shall be eliminated. Sample recovery 
procedures described in Method 8 for container No. 1 shall be 
eliminated. The heated glass fiber filter also shall be excluded; 
however, rinsing of all connecting glassware after the heated glass 
fiber filter shall be retained and included in container No. 2. Sampled 
volume shall be at least 1 dscm.
    (4) For Method 3, the integrated sampling technique shall be used.
    (5) Sampling time for each run shall be at least 3 hours.
    (6) All testing shall be performed at the same location. Where the 
gases discharged by the fluid catalytic cracking unit catalyst 
regenerator pass through an incinerator-waste heat boiler in which 
auxiliary or supplemental gaseous, liquid, or solid fossil fuel is 
burned, testing shall be conducted at a point between the regenerator 
outlet and the incinerator-waste heat boiler. An alternative sampling 
location after the waste heat boiler may be used if alternative coke 
burn-off rate equations, and, if requested, auxiliary/supplemental fuel 
SOX credits, have been submitted to and approved by the 
Administrator prior to sampling.
    (7) Coke burn-off rate shall be determined using the procedures 
specified under paragraph (b)(3) of this section, unless paragraph 
(i)(6) of this section applies.
    (8) Calculate the concentration of sulfur oxides as sulfur dioxide 
using equation 8-3 in Section 6.5 of Method 8 to calculate and report 
the total concentration of sulfur oxides as sulfur dioxide 
(Cso x).
    (9) Sulfur oxides emission rate calculated as sulfur dioxide shall 
be determined for each test run by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.003

Where:

ESOx = sulfur oxides emission rate calculated as sulfur 
dioxide, kg/hr (lb/hr)
CSOx = sulfur oxides emission concentration calculated as 
sulfur dioxide, g/dscm (gr/dscf)
Qsd = dry volumetric stack gas flow rate corrected to 
standard conditions, dscm/hr (dscf/hr)
K=1,000 g/kg (7,000 gr/lb)

    (10) Sulfur oxides emissions calculated as sulfur dioxide shall be 
determined for each test run by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.004

Where:

RSOx = Sulfur oxides emissions calculated as kg sulfur 
dioxide per Mg (lb/ton) coke burn-off.
ESOx = Sulfur oxides emission rate calculated as sulfur 
dioxide, kg/hr (lb/hr).
Rc = Coke burn-off rate, Mg/hr (ton/hr).


[[Page 340]]


    (11) Calculate the 7-day average sulfur oxides emission rate as 
sulfur dioxide per Mg (ton) of coke burn-off by dividing the sum of the 
individual daily rates by the number of daily rates summed.
    (12) An owner or operator may, upon approval by the Administrator, 
use an alternative method for determining compliance with Sec. 
60.104(b)(2), as provided in Sec. 60.8(b). Any requests for approval 
must include data to demonstrate to the Administrator that the 
alternative method would produce results adequate for the determination 
of compliance.
    (j) For the purpose of determining compliance with Sec. 
60.104(b)(3), the following analytical methods and calculation 
procedures shall be used:
    (1) One fresh feed sample shall be collected once per 8-hour period.
    (2) Fresh feed samples shall be analyzed separately by using any one 
of the following applicable analytical test methods: ASTM D129-64, 78, 
or 95, ASTM D1552-83 or 95, ASTM D2622-87, 94, or 98, or ASTM D1266-87, 
91, or 98. (These methods are incorporated by reference: see Sec. 
60.17.) The applicable range of some of these ASTM methods is not 
adequate to measure the levels of sulfur in some fresh feed samples. 
Dilution of samples prior to analysis with verification of the dilution 
ratio is acceptable upon prior approval of the Administrator.
    (3) If a fresh feed sample cannot be collected at a single location, 
then the fresh feed sulfur content shall be determined as follows:
    (i) Individual samples shall be collected once per 8-hour period for 
each separate fresh feed stream charged directly into the riser or 
reactor of the fluid catalytic cracking unit. For each sample location 
the fresh feed volumetric flow rate at the time of collecting the fresh 
feed sample shall be measured and recorded. The same method for 
measuring volumetric flow rate shall be used at all locations.
    (ii) Each fresh feed sample shall be analyzed separately using the 
methods specified under paragraph (j)(2) of this section.
    (iii) Fresh feed sulfur content shall be calculated for each 8-hour 
period using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.005

where:

Sf = fresh feed sulfur content expressed in percent by weight 
of fresh feed.
n = number of separate fresh feed streams charged directly to the riser 
or reactor of the fluid catalytic cracking unit.
Qf = total volumetric flow rate of fresh feed charged to the 
fluid catalytic cracking unit.
Si = fresh feed sulfur content expressed in percent by weight 
of fresh feed for the ``ith'' sampling location.
Qi = volumetric flow rate of fresh feed stream for the 
``ith'' sampling location.

    (4) Calculate a 7-day average (arithmetic mean) sulfur content of 
the fresh feed using all of the fresh feed sulfur content values 
obtained during seven successive 24-hour periods.
    (k) The test methods used to supplement continuous monitoring system 
data to meet the minimum data requirements in Sec. 60.104(d) will be 
used as described below or as otherwise approved by the Administrator.
    (1) Methods 6, 6B, or 8 are used. The sampling location(s) are the 
same as those specified for the monitor.
    (2) For Method 6, the minimum sampling time is 20 minutes and the 
minimum sampling volume is 0.02 dscm (0.71 dscf) for each sample. 
Samples are taken at approximately 60-minute intervals. Each sample 
represents a 1-hour average. A minimum of 18 valid samples is required 
to obtain one valid day of data.
    (3) For Method 6B, collection of a sample representing a minimum of 
18 hours is required to obtain one valid day of data.
    (4) For Method 8, the procedures as outlined in this section are 
used. The equivalent of 16 hours of sampling is required to obtain one 
valid day of data.

[39 FR 9315, Mar. 8, 1974, as amended at 43 FR 10869, Mar. 15, 1978; 51 
FR 42842, Nov. 26, 1986; 52 FR 20392, June 1, 1987; 53 FR 41333, Oct. 
21, 1988; 54 FR 34028, Aug. 17, 1989; 55 FR 40176, Oct. 2, 1990; 56 FR 
4176, Feb. 4, 1991; 65 FR 61754, Oct. 17, 2000; 71 FR 55127, Sept. 21, 
2006; 73 FR 35867, June 24, 2008]

[[Page 341]]



Sec. 60.107  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec. 60.104(b) shall notify 
the Administrator of the specific provisions of Sec. 60.104(b) with 
which the owner or operator seeks to comply. Notification shall be 
submitted with the notification of initial startup required by Sec. 
60.7(a)(3). If an owner or operator elects at a later date to comply 
with an alternative provision of Sec. 60.104(b), then the Administrator 
shall be notified by the owner or operator in the report described in 
paragraph (c) of this section.
    (b) Each owner or operator subject to Sec. 60.104(b) shall record 
and maintain the following information:
    (1) If subject to Sec. 60.104(b)(1),
    (i) All data and calibrations from continuous monitoring systems 
located at the inlet and outlet to the control device, including the 
results of the daily drift tests and quarterly accuracy assessments 
required under appendix F, Procedure 1;
    (ii) Measurements obtained by supplemental sampling (refer to Sec. 
60.105(a)(13) and Sec. 60.106(k)) for meeting minimum data 
requirements; and
    (iii) The written procedures for the quality control program 
required by appendix F, Procedure 1.
    (2) If subject to Sec. 60.104(b)(2), measurements obtained in the 
daily Method 8 testing, or those obtained by alternative measurement 
methods, if Sec. 60.106(i)(12) applies.
    (3) If subject to Sec. 60.104(b)(3), data obtained from the daily 
feed sulfur tests.
    (4) Each 7-day rolling average compliance determination.
    (c) Each owner or operator subject to Sec. 60.104(b) shall submit a 
report except as provided by paragraph (d) of this section. The 
following information shall be contained in the report:
    (1) Any 7-day period during which:
    (i) The average percent reduction and average concentration of 
sulfur dioxide on a dry, O2-free basis in the gases 
discharged to the atmosphere from any fluid cracking unit catalyst 
regenerator for which the owner or operator seeks to comply with Sec. 
60.104(b)(1) is below 90 percent and above 50 ppmv, as measured by the 
continuous monitoring system prescribed under Sec. 60.105(a)(8), or 
above 50 ppmv, as measured by the outlet continuous monitoring system 
prescribed under Sec. 60.105(a)(9). The average percent reduction and 
average sulfur dioxide concentration shall be determined using the 
procedures specified under Sec. 60.106(h);
    (ii) The average emission rate of sulfur dioxide in the gases 
discharged to the atmosphere from any fluid catalytic cracking unit 
catalyst regenerator for which the owner or operator seeks to comply 
with Sec. 60.104(b)(2) exceeds 9.8 kg SOX per 1,000 kg coke 
burn-off, as measured by the daily testing prescribed under Sec. 
60.106(i). The average emission rate shall be determined using the 
procedures specified under Sec. 60.106(i); and
    (iii) The average sulfur content of the fresh feed for which the 
owner or operator seeks to comply with Sec. 60.104(b)(3) exceeds 0.30 
percent by weight. The fresh feed sulfur content, a 7-day rolling 
average, shall be determined using the procedures specified under Sec. 
60.106(j).
    (2) Any 30-day period in which the minimum data requirements 
specified in Sec. 60.104(d) are not obtained.
    (3) For each 7-day period during which an exceedance has occurred as 
defined in paragraphs (c)(1)(i) through (c)(1)(iii) and (c)(2) of this 
section:
    (i) The date that the exceedance occurred;
    (ii) An explanation of the exceedance;
    (iii) Whether the exceedance was concurrent with a startup, 
shutdown, or malfunction of the fluid catalytic cracking unit or control 
system; and
    (iv) A description of the corrective action taken, if any.
    (4) If subject to Sec. 60.104(b)(1),
    (i) The dates for which and brief explanations as to why fewer than 
18 valid hours of data were obtained for the inlet continuous monitoring 
system;
    (ii) The dates for which and brief explanations as to why fewer than 
18 valid hours of data were obtained for the outlet continuous 
monitoring system;
    (iii) Identification of times when hourly averages have been 
obtained based on manual sampling methods;
    (iv) Identification of the times when the pollutant concentration 
exceeded

[[Page 342]]

full span of the continuous monitoring system; and
    (v) Description of any modifications to the continuous monitoring 
system that could affect the ability of the continuous monitoring system 
to comply with Performance Specifications 2 or 3.
    (vi) Results of daily drift tests and quarterly accuracy assessments 
as required under appendix F, Procedure 1.
    (5) If subject to Sec. 60.104(b)(2), for each day in which a Method 
8 sample result required by Sec. 60.106(i) was not obtained, the date 
for which and brief explanation as to why a Method 8 sample result was 
not obtained, for approval by the Administrator.
    (6) If subject to Sec. 60.104(b)(3), for each 8-hour period in 
which a feed sulfur measurement required by Sec. 60.106(j) was not 
obtained, the date for which and brief explanation as to why a feed 
sulfur measurement was not obtained, for approval by the Administrator.
    (d) For any periods for which sulfur dioxide or oxides emissions 
data are not available, the owner or operator of the affected facility 
shall submit a signed statement indicating if any changes were made in 
operation of the emission control system during the period of data 
unavailability which could affect the ability of the system to meet the 
applicable emission limit. Operations of the control system and affected 
facility during periods of data unavailability are to be compared with 
operation of the control system and affected facility before and 
following the period of data unavailability.
    (e) For each fuel gas stream combusted in a fuel gas combustion 
device subject to Sec. 60.104(a)(1), if an owner or operator determines 
that one of the exemptions listed in Sec. 60.105(a)(4)(iv) applies to 
that fuel gas stream, the owner or operator shall maintain records of 
the specific exemption chosen for each fuel gas stream. If the owner or 
operator applies for the exemption described in Sec. 
60.105(a)(4)(iv)(D), the owner or operator must keep a copy of the 
application as well as the letter from the Administrator granting 
approval of the application.
    (f) The owner or operator of an affected facility shall submit the 
reports required under this subpart to the Administrator semiannually 
for each six-month period. All semiannual reports shall be postmarked by 
the 30th day following the end of each six-month period.
    (g) The owner or operator of the affected facility shall submit a 
signed statement certifying the accuracy and completeness of the 
information contained in the report.

[54 FR 34029, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 
FR 7465, Feb. 12, 1999; 65 FR 61755, Oct. 17, 2000; 73 FR 35867, June 
24, 2008]



Sec. 60.108  Performance test and compliance provisions.

    (a) Section 60.8(d) shall apply to the initial performance test 
specified under paragraph (c) of this section, but not to the daily 
performance tests required thereafter as specified in Sec. 60.108(d). 
Section 60.8(f) does not apply when determining compliance with the 
standards specified under Sec. 60.104(b). Performance tests conducted 
for the purpose of determining compliance under Sec. 60.104(b) shall be 
conducted according to the applicable procedures specified under Sec. 
60.106.
    (b) Owners or operators who seek to comply with Sec. 60.104(b)(3) 
shall meet that standard at all times, including periods of startup, 
shutdown, and malfunctions.
    (c) The initial performance test shall consist of the initial 7-day 
average calculated for compliance with Sec. 60.104(b)(1), (b)(2), or 
(b)(3).
    (d) After conducting the initial performance test prescribed under 
Sec. 60.8, the owner or operator of a fluid catalytic cracking unit 
catalyst regenerator subject to Sec. 60.104(b) shall conduct a 
performance test for each successive 24-hour period thereafter. The 
daily performance tests shall be conducted according to the appropriate 
procedures specified under Sec. 60.106. In the event that a sample 
collected under Sec. 60.106(i) or (j) is accidentally lost or 
conditions occur in which one of the samples must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other circumstances, 
beyond the owner or operators' control, compliance may be determined 
using available data for the 7-day period.

[[Page 343]]

    (e) Each owner or operator subject to Sec. 60.104(b) who has 
demonstrated compliance with one of the provisions of Sec. 60.104(b) 
but a later date seeks to comply with another of the provisions of Sec. 
60.104(b) shall begin conducting daily performance tests as specified 
under paragraph (d) of this section immediately upon electing to become 
subject to one of the other provisions of Sec. 60.104(b). The owner or 
operator shall furnish the Administrator with a written notification of 
the change in the semiannual report required by Sec. 60.107(f).

[54 FR 34030, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 
FR 7466, Feb. 12, 1999; 73 FR 35867, June 24, 2008]



Sec. 60.109  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which shall not be delegated to States:
    (1) Section 60.105(a)(13)(iii),
    (2) Section 60.106(i)(12).

[54 FR 34031, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990]



 Subpart Ja_Standards of Performance for Petroleum Refineries for Which 
 Construction, Reconstruction, or Modification Commenced After May 14, 
                                  2007

    Source: 73 FR 35867, June 24, 2008, unless otherwise noted.



Sec. 60.100a  Applicability, designation of affected facility,
and reconstruction.

    (a) The provisions of this subpart apply to the following affected 
facilities in petroleum refineries: fluid catalytic cracking units 
(FCCU), fluid coking units (FCU), delayed coking units, fuel gas 
combustion devices, including flares and process heaters, and sulfur 
recovery plants. The sulfur recovery plant need not be physically 
located within the boundaries of a petroleum refinery to be an affected 
facility, provided it processes gases produced within a petroleum 
refinery.
    (b) Except for flares, the provisions of this subpart apply only to 
affected facilities under paragraph (a) of this section which commence 
construction, modification, or reconstruction after May 14, 2007. For 
flares, the provisions of this subpart apply only to flares which 
commence construction, modification, or reconstruction, after June 24, 
2008.
    (c) For the purposes of this subpart, under Sec. 60.14, a 
modification to a flare occurs if:
    (1) Any new piping from a refinery process unit or fuel gas system 
is physically connected to the flare (e.g., for direct emergency relief 
or some form of continuous or intermittent venting); or
    (2) A flare is physically altered to increase the flow capacity of 
the flare.
    (d) For purposes of this subpart, under Sec. 60.15, the ``fixed 
capital cost of the new components'' includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following May 14, 2007. For purposes of this 
paragraph, ``commenced'' means that an owner or operator has undertaken 
a continuous program of component replacement or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of component 
replacement.

    Effective Date Note: At 73 FR 78552, Dec. 22, 2008, Sec. 60.100a(c) 
was stayed from Feb. 24, 2009 until further notice.



Sec. 60.101a  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 60.2, and in this section.
    Coke burn-off means the coke removed from the surface of the FCCU 
catalyst by combustion in the catalyst regenerator. The rate of coke 
burn-off is calculated by the formula specified in Sec. 60.104a.
    Contact material means any substance formulated to remove metals, 
sulfur, nitrogen, or any other contaminant from petroleum derivatives.

[[Page 344]]

    Delayed coking unit means one or more refinery process units in 
which high molecular weight petroleum derivatives are thermally cracked 
and petroleum coke is produced in a series of closed, batch system 
reactors.
    Flare means an open-flame fuel gas combustion device used for 
burning off unwanted gas or flammable gas and liquids. The flare 
includes the foundation, flare tip, structural support, burner, igniter, 
flare controls including air injection or steam injection systems, flame 
arrestors, knockout pots, piping and header systems.
    Flexicoking unit means one or more refinery process units in which 
high molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is continuously produced and then gasified to produce a 
synthetic fuel gas.
    Fluid catalytic cracking unit means a refinery process unit in which 
petroleum derivatives are continuously charged and hydrocarbon molecules 
in the presence of a catalyst suspended in a fluidized bed are fractured 
into smaller molecules, or react with a contact material suspended in a 
fluidized bed to improve feedstock quality for additional processing and 
the catalyst or contact material is continuously regenerated by burning 
off coke and other deposits. The unit includes the riser, reactor, 
regenerator, air blowers, spent catalyst or contact material stripper, 
catalyst or contact material recovery equipment, and regenerator 
equipment for controlling air pollutant emissions and for heat recovery. 
When fluid catalyst cracking unit regenerator exhaust from two separate 
fluid catalytic cracking units share a common exhaust treatment (e.g., 
CO boiler or wet scrubber), the fluid catalytic cracking unit is a 
single affected facility.
    Fluid coking unit means one or more refinery process units in which 
high molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is continuously produced in a fluidized bed system. The 
fluid coking unit includes equipment for controlling air pollutant 
emissions and for heat recovery on the fluid coking burner exhaust vent.
    Fuel gas means any gas which is generated at a petroleum refinery 
and which is combusted. Fuel gas includes natural gas when the natural 
gas is combined and combusted in any proportion with a gas generated at 
a refinery. Fuel gas does not include gases generated by catalytic 
cracking unit catalyst regenerators and fluid coking burners, but does 
include gases from flexicoking unit gasifiers. Fuel gas does not include 
vapors that are collected and combusted to comply with the wastewater 
provisions in Sec. 60.692, 40 CFR 61.343 through 61.348, 40 CFR 63.647, 
or the marine tank vessel loading provisions in 40 CFR 63.562 or 40 CFR 
63.651.
    Fuel gas combustion device means any equipment, such as process 
heaters, boilers, and flares, used to combust fuel gas, except 
facilities in which gases are combusted to produce sulfur or sulfuric 
acid.
    Fuel gas system means a system of compressors, piping, knock-out 
pots, mix drums, and units used to remove sulfur contaminants from the 
fuel gas (e.g., amine scrubbers) that collects refinery fuel gas from 
one or more sources for treatment as necessary prior to combusting in 
process heaters or boilers. A fuel gas system may have an overpressure 
vent to a flare but the primary purpose for a fuel gas system is to 
provide fuel to the refinery.
    Oxidation control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to sulfur dioxide (SO2) and recycling the 
SO2 to the reactor furnace or the first-stage catalytic 
reactor of the Claus sulfur recovery plant or converting the 
SO2 to a sulfur product.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt 
(bitumen) or other products through distillation of petroleum or through 
redistillation, cracking, or reforming of unfinished petroleum 
derivatives.
    Process heater means an enclosed combustion device used to transfer 
heat indirectly to process stream materials (liquids, gases, or solids) 
or to a

[[Page 345]]

heat transfer material for use in a process unit instead of steam.
    Process upset gas means any gas generated by a petroleum refinery 
process unit as a result of upset or malfunction.
    Reduced sulfur compounds means hydrogen sulfide (H2S), 
carbonyl sulfide, and carbon disulfide.
    Reduction control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to H2S and either recycling the H2S to 
the reactor furnace or the first-stage catalytic reactor of the Claus 
sulfur recovery plant or converting the H2S to a sulfur 
product.
    Refinery process unit means any segment of the petroleum refinery in 
which a specific processing operation is conducted.
    Sulfur pit means the storage vessel in which sulfur that is 
condensed after each Claus catalytic reactor is initially accumulated 
and stored. A sulfur pit does not include secondary sulfur storage 
vessels downstream of the initial Claus reactor sulfur pits.
    Sulfur recovery plant means all process units which recover sulfur 
from HS2 and/or SO2 at a petroleum refinery. The 
sulfur recovery plant also includes sulfur pits used to store the 
recovered sulfur product, but it does not include secondary sulfur 
storage vessels downstream of the sulfur pits. For example, a Claus 
sulfur recovery plant includes: Reactor furnace and waste heat boiler, 
catalytic reactors, sulfur pits, and, if present, oxidation or reduction 
control systems, or incinerator, thermal oxidizer, or similar combustion 
device. Multiple sulfur recovery units are a single affected facility 
only when the units share the same source of sour gas. Sulfur recovery 
plants that receive source gas from completely segregated sour gas 
treatment systems are separate affected facilities.

    Effective Date Note:  At 73 FR 78552, Dec. 22, 2008, in Sec. 
60.101a the definition of ``flare'' was stayed from Feb. 24, 2009 until 
further notice.



Sec. 60.102a  Emissions limitations.

    (a) Each owner or operator that is subject to the requirements of 
this subpart shall comply with the emissions limitations in paragraphs 
(b) through (h) of this section on and after the date on which the 
initial performance test, required by Sec. 60.8, is completed, but not 
later than 60 days after achieving the maximum production rate at which 
the affected facility will be operated, or 180 days after initial 
startup, whichever comes first.
    (b) An owner or operator subject to the provisions of this subpart 
shall not discharge or cause the discharge into the atmosphere from any 
FCCU or FCU:
    (1) Particulate matter (PM) in excess of the limits in paragraphs 
(b)(1)(i), (ii), or (iii) of this section.
    (i) 1.0 kilogram per Megagram (kg/Mg)(1 pound (lb) per 1,000 lb) 
coke burn-off or, if a PM continuous emission monitoring system (CEMS) 
is used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 
0 percent excess air for each modified or reconstructed FCCU.
    (ii) 0.5 gram per kilogram (g/kg) coke burn-off (0.5 lb PM/1,000 lb 
coke burn-off) or, if a PM CEMS is used, 0.020 gr/dscf corrected to 0 
percent excess air for each newly constructed FCCU.
    (iii) 1.0 kg/Mg (1 lb/1,000 lb) coke burn-off; or if a PM CEMS is 
used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 
percent excess air for each affected FCU.
    (2) Nitrogen oxides (NOX) in excess of 80 parts per 
million by volume (ppmv), dry basis corrected to 0 percent excess air, 
on a 7-day rolling average basis.
    (3) Sulfur dioxide (SO2) in excess of 50 ppmv dry basis 
corrected to 0 percent excess air, on a 7-day rolling average basis and 
25 ppmv, dry basis corrected to 0 percent excess air, on a 365-day 
rolling average basis.
    (4) Carbon monoxide (CO) in excess of 500 ppmv, dry basis corrected 
to 0 percent excess air, on an hourly average basis.
    (c) The owner or operator of a FCCU or FCU that uses a continuous 
parameter monitoring system (CPMS) according to Sec. 60.105a(b)(1) 
shall comply with the applicable control device parameter operating 
limit in paragraph (c)(1) or (2) of this section.
    (1) If the FCCU or FCU is controlled using an electrostatic 
precipitator:

[[Page 346]]

    (i) The 3-hour rolling average total power and secondary current to 
the entire system must not fall below the level established during the 
most recent performance test; and
    (ii) The daily average exhaust coke burn-off rate must not exceed 
the level established during the most recent performance test.
    (2) If the FCCU or FCU is controlled using a wet scrubber:
    (i) The 3-hour rolling average pressure drop must not fall below the 
level established during the most recent performance test; and
    (ii) The 3-hour rolling average liquid-to-gas ratio must not fall 
below the level established during the most recent performance test.
    (d) If an FCCU or FCU uses a continuous opacity monitoring system 
(COMS) according to the alternative monitoring option in Sec. 
60.105a(e), the 3-hour rolling average opacity of emissions from the 
FCCU or FCU as measured by the COMS must not exceed the site-specific 
opacity limit established during the most recent performance test.
    (e) The owner or operator of a FCCU or FCU that is exempted from the 
requirement for a CO continuous emissions monitoring system under Sec. 
60.105a(h)(3) shall comply with the parameter operating limits in 
paragraph (e)(1) or (2) of this section.
    (1) For a FCCU or FCU with no post-combustion control device:
    (i) The hourly average temperature of the exhaust gases exiting the 
FCCU or FCU must not fall below the level established during the most 
recent performance test.
    (ii) The hourly average oxygen (O2) concentration of the 
exhaust gases exiting the FCCU or FCU must not fall below the level 
established during the most recent performance test.
    (2) For a FCCU or FCU with a post-combustion control device:
    (i) The hourly average temperature of the exhaust gas vent stream 
exiting the control device must not fall below the level established 
during the most recent performance test.
    (ii) The hourly average O2 concentration of the exhaust 
gas vent stream exiting the control device must not fall below the level 
established during the most recent performance test.
    (f) Except as provided in paragraph (f)(3), each owner or operator 
of an affected sulfur recovery plant shall comply with the applicable 
emission limits in paragraphs (f)(1) or (2) of this section.
    (1) For a sulfur recovery plant with a capacity greater than 20 long 
tons per day (LTD):
    (i) For a sulfur recovery plant with an oxidation control system or 
a reduction control system followed by incineration, the owner or 
operator shall not discharge or cause the discharge of any gases into 
the atmosphere in excess of 250 ppm by volume (dry basis) of sulfur 
dioxide (SO2) at zero percent excess air. If the sulfur 
recovery plant consists of multiple process trains or release points the 
owner or operator shall comply with the 250 ppmv limit for each process 
train or release point or comply with a flow rate weighted average of 
250 ppmv for all release points from the sulfur recovery plant; or
    (ii) For sulfur recovery plant with a reduction control system not 
followed by incineration, the owner or operator shall not discharge or 
cause the discharge of any gases into the atmosphere in excess of 300 
ppm by volume of reduced sulfur compounds and 10 ppm by volume of 
hydrogen sulfide (HS2), each calculated as ppm SO2 
by volume (dry basis) at zero percent excess air; or
    (iii) For systems using oxygen enrichment, the owner or operator 
shall calculate the applicable emission limit using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR24JN08.000


[[Page 347]]


Where:

ELS = Emission rate of SO2 for large sulfur 
recovery plant, ppmv;
k1 = Constant factor for emission limit conversion: 
k1 = 1 for converting to SO2 limit and 
k1 = 1.2 for converting to the reduced sulfur compounds 
limit; and
%O2 = O2 concentration to the SRP, percent by 
volume (dry basis).

    (2) For a sulfur recovery plant with a capacity of 20 LTD or less:
    (i) For a sulfur recovery plant with an oxidation control system or 
a reduction control system followed by incineration, the owner or 
operator shall not discharge or cause the discharge of any gases into 
the atmosphere in excess of 2,500 ppm by volume (dry basis) of 
SO2 at zero percent excess air. If the sulfur recovery plant 
consists of multiple process trains or release points the owner or 
operator shall comply with the 2,500 ppmv limit for each process train 
or release point or comply with a flow rate weighted average of 2,500 
ppmv for all release points from the sulfur recovery plant; or
    (ii) For sulfur recovery plant with a reduction control system not 
followed by incineration, the owner or operator shall not discharge or 
cause the discharge of any gases into the atmosphere in excess of 3,000 
ppm by volume of reduced sulfur compounds and 100 ppm by volume of 
hydrogen sulfide (H2S), each calculated as ppm SO2 by volume 
(dry basis) at zero percent excess air; or
    (iii) For systems using oxygen enrichment, the owner or operator 
shall calculate the applicable emission limit using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR24JN08.001

Where:

ESS = Emission rate of SO2 for small sulfur 
recovery plant, ppmv.

    (3) Periods of maintenance of the sulfur pit, during which the 
emission limits in paragraphs (f)(1) and (2) shall not apply, shall not 
exceed 240 hours per year. The owner or operator must document the time 
periods during which the sulfur pit vents were not controlled and 
measures taken to minimize emissions during these periods. Examples of 
these measures include not adding fresh sulfur or shutting off vent 
fans.
    (g) Each owner or operator of an affected fuel gas combustion device 
shall comply with the emission limits in paragraphs (g)(1) through (3) 
of this section.
    (1) For each fuel gas combustion device, the owner or operator shall 
comply with either the emission limit in paragraph (g)(1)(i) of this 
section or the fuel gas concentration limit in paragraph (g)(1)(ii) of 
this section.
    (i) The owner or operator shall not discharge or cause the discharge 
of any gases into the atmosphere that contain SO2 in excess 
of 20 ppmv (dry basis, corrected to 0 percent excess air) determined 
hourly on a 3-hour rolling average basis and SO2 in excess of 
8 ppmv (dry basis, corrected to 0 percent excess air), determined daily 
on a 365 successive day rolling average basis; or
    (ii) The owner or operator shall not burn in any fuel gas combustion 
device any fuel gas that contains H2S in excess of 162 ppmv 
determined hourly on a 3-hour rolling average basis and H2S 
in excess of 60 ppmv determined daily on a 365 successive calendar day 
rolling average basis.
    (2) For each process heater with a rated capacity of greater than 40 
million British thermal units per hour (MMBtu/hr), the owner or operator 
shall not discharge to the atmosphere any emissions of NOX in 
excess of 40 ppmv (dry basis, corrected to 0 percent excess air) on a 
24-hour rolling average basis.
    (3) Except as provided in paragraphs (h) and (i) of this section, 
the owner or operator of an affected flare shall not allow flow to each 
affected flare during normal operations of more than 7,080 standard 
cubic meters per day (m\3\/day) (250,000 standard cubic feet per day 
(scfd)) on a 30-day rolling average. The

[[Page 348]]

owner or operator of a newly constructed or reconstructed flare shall 
comply with the emission limit in this paragraph by no later than the 
date that flare becomes an affected flare subject to this subpart. The 
owner or operator of a modified flare shall comply with the emission 
limit in this paragraph by no later than 1 year after that flare becomes 
an affected flare subject to this subpart.
    (h) The combustion in a flare of process upset gases or fuel gas 
that is released to the flare as a result of relief valve leakage or 
other emergency malfunctions is exempt from paragraph (g) of this 
section.
    (i) In periods of fuel gas imbalance that are described in the flare 
management plan required in section 60.103a(a), compliance with the 
emission limit in paragraph (g)(3) of this section is demonstrated by 
following the procedures and maintaining records described in the flare 
management plan to document the periods of excess fuel gas.

    Effective Date Note:  At 73 FR 78552, Dec. 22, 2008, in Sec. 
60.102a, paragraph (g) was stayed from Feb. 24, 2009 until further 
notice.



Sec. 60.103a  Work practice standards.

    (a) Each owner or operator that operates a flare that is subject to 
this subpart shall develop and implement a written flare management 
plan. The owner or operator of a newly constructed or reconstructed 
flare must develop and implement the flare management plan by no later 
than the date that flare becomes an affected flare subject to this 
subpart. The owner or operator of a modified flare must develop and 
implement the flare management plan by no later than 1 year after the 
flare becomes an affected flare subject to this subpart. The plan must 
include:
    (1) A diagram illustrating all connections to the flare;
    (2) Methods for monitoring flow rate to the flare, including a 
detailed description of the manufacturer's specifications, including but 
not limited to, make, model, type, range, precision, accuracy, 
calibration, maintenance, and quality assurance procedures for flare gas 
monitoring devices;
    (3) Procedures to minimize discharges to the flare gas system during 
the planned start-up and shutdown of the refinery process units that are 
connected to the affected flare;
    (4) Procedures to conduct a root cause analysis of any process upset 
or malfunction that causes a discharge to the flare in excess of 14,160 
m\3\/day (500,000 scfd);
    (5) Procedures to reduce flaring in cases of fuel gas imbalance 
(i.e., excess fuel gas for the refinery's energy needs); and
    (6) Explanation of procedures to follow during times that the flare 
must exceed the limit in Sec. 60.102a(g)(3) (e.g., keep records of 
natural gas purchases to support assertion that the refinery is 
producing more fuel gas than needed to operate the processes).
    (b) Each owner or operator that operates a fuel gas combustion 
device or sulfur recovery plant subject to this subpart shall conduct a 
root cause analysis of any emission limit exceedance or process start-
up, shutdown, upset, or malfunction that causes a discharge to the 
atmosphere in excess of 227 kilograms per day (kg/day) (500 lb per day 
(lb/day)) of SO2. For any root cause analysis performed, the owner or 
operator shall record the identification of the affected facility, the 
date and duration of the discharge, the results of the root cause 
analysis, and the action taken as a result of the root cause analysis. 
The first root cause analysis for a modified flare must be conducted no 
later than the first discharge that occurs after the flare has been an 
affected flare subject to this subpart for 1 year.
    (c) Each owner or operator of a delayed coking unit shall depressure 
to 5 lb per square inch gauge (psig) during reactor vessel depressuring 
and vent the exhaust gases to the fuel gas system for combustion in a 
fuel gas combustion device.



Sec. 60.104a  Performance tests.

    (a) The owner or operator shall conduct a performance test for each 
FCCU, FCU, sulfur recovery plant, and fuel gas combustion device to 
demonstrate initial compliance with each applicable emissions limit in 
Sec. 60.102a according to

[[Page 349]]

the requirements of Sec. 60.8. The notification requirements of Sec. 
60.8(d) apply to the initial performance test and to subsequent 
performance tests required by paragraph (b) of this section (or as 
required by the Administrator), but does not apply to performance tests 
conducted for the purpose of obtaining supplemental data because of 
continuous monitoring system breakdowns, repairs, calibration checks, 
and zero and span adjustments.
    (b) The owner or operator of a FCCU or FCU that elects to monitor 
control device operating parameters according to the requirements in 
Sec. 60.105a(b), to use bag leak detectors according to the 
requirements in Sec. 60.105a(c), or to use COMS according to the 
requirements in Sec. 60.105a(e) shall conduct a PM performance test at 
least once every 12 months and furnish the Administrator a written 
report of the results of each test.
    (c) In conducting the performance tests required by this subpart (or 
as requested by the Administrator), the owner or operator shall use the 
test methods in 40 CFR part 60, Appendices A-1 through A-8 or other 
methods as specified in this section, except as provided in Sec. 
60.8(b).
    (d) The owner or operator shall determine compliance with the PM, 
NOX, SO2, and CO emissions limits in Sec. 60.102a(b) for FCCU and FCU 
using the following methods and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses.
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate.
    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec. 60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60.
    (4) Method 5, 5B, or 5F of appendix A-3 to part 60 for determining 
PM emissions and associated moisture content from a FCCU or FCU without 
a wet scrubber subject to the emissions limit in Sec. 63.102a(b)(1). 
Use Method 5 or 5B of appendix A-3 to part 60 for determining PM 
emissions and associated moisture content from a FCCU or FCU with a wet 
scrubber subject to the emissions limit in Sec. 63.102a(b)(1).
    (i) The PM performance test consists of 3 valid test runs; the 
duration of each test run must be no less than 60 minutes.
    (ii) The emissions rate of PM (EPM) is computed for each 
run using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR24JN08.002

Where:

E = Emission rate of PM, g/kg, lbs per 1,000 lbs (lb/1,000 lbs) of coke 
burn-off;
cs = Concentration of total PM, grams per dry standard cubic meter (g/
dscm), gr/dscf;
Qsd = Volumetric flow rate of effluent gas, dry standard cubic meters 
per hour, dry standard cubic feet per hour;
Rc = Coke burn-off rate, kilograms per hour (kg/hr), lbs per hour (lbs/
hr) coke; and
K = Conversion factor, 1.0 grams per gram (7,000 grains per lb).

    (iii) The coke burn-off rate (Rc) is computed for each run using 
Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR24JN08.003

Where:

Rc = Coke burn-off rate, kg/hr (lb/hr);
Qr = Volumetric flow rate of exhaust gas from FCCU regenerator or fluid 
coking burner before any emissions control or energy recovery system 
that burns auxiliary fuel, dry standard cubic meters per minute (dscm/
min), dry standard cubic feet per minute (dscf/min);
Qa = Volumetric flow rate of air to FCCU regenerator or fluid coking 
burner, as determined from the unit's control room instrumentation, 
dscm/min (dscf/min);
Qoxy = Volumetric flow rate of O2 enriched air to FCCU 
regenerator or fluid coking unit, as determined from the unit's control 
room instrumentation, dscm/min (dscf/min);
%CO2 = Carbon dioxide concentration in FCCU regenerator or fluid coking 
burner exhaust, percent by volume (dry basis);

[[Page 350]]

%CO = CO concentration in FCCU regenerator or fluid coking burner 
exhaust, percent by volume (dry basis);
%O2 = O2 concentration in FCCU regenerator or fluid coking 
burner exhaust, percent by volume (dry basis);
%Ooxy = O2 concentration in O2 enriched air stream inlet to the FCCU 
regenerator or fluid coking burner, percent by volume (dry basis);
K1 = Material balance and conversion factor, 0.2982 (kg-min)/(hr-dsc-%) 
[0.0186 (lb-min)/(hr-dscf-%)];
K2 = Material balance and conversion factor, 2.088 (kg-min)/(hr-dscm) 
[0.1303 (lb-min)/(hr-dscf)]; and
K3 = Material balance and conversion factor, 0.0994 (kg-min)/(hr-dscm-%) 
[0.00624 (lb-min)/(hr-dscf-%)].

    (iv) During the performance test, the volumetric flow rate of 
exhaust gas from catalyst regenerator (Qr) before any emission control 
or energy recovery system that burns auxiliary fuel is measured using 
Method 2 of appendix A-1 to part 60.
    (v) For subsequent calculations of coke burn-off rates or exhaust 
gas flow rates, the volumetric flow rate of Qr is calculated using 
average exhaust gas concentrations as measured by the monitors in Sec. 
60.105a(b)(2), if applicable, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR24JN08.004

Where:

Qr = Volumetric flow rate of exhaust gas from FCCU regenerator or fluid 
coking burner before any emission control or energy recovery system that 
burns auxiliary fuel, dscm/min (dscf/min);
Qa = Volumetric flow rate of air to FCCU regenerator or fluid coking 
burner, as determined from the unit's control room instrumentation, 
dscm/min (dscf/min);
Qoxy = Volumetric flow rate of O2 enriched air to FCCU regenerator or 
fluid coking unit, as determined from the unit's control room 
instrumentation, dscm/min (dscf/min);
%CO2 = Carbon dioxide concentration in FCCU regenerator or fluid coking 
burner exhaust, percent by volume (dry basis);
%CO = CO concentration FCCU regenerator or fluid coking burner exhaust, 
percent by volume (dry basis). When no auxiliary fuel is burned and a 
continuous CO monitor is not required in accordance with Sec. 
60.105a(g)(3), assume %CO to be zero;
%O2 = O2 concentration in FCCU regenerator or fluid coking burner 
exhaust, percent by volume (dry basis); and
%Ooxy = O2 concentration in O2 enriched air stream inlet to 
the FCCU regenerator or fluid coking burner, percent by volume (dry 
basis).

    (5) Method 6, 6A, or 6C of appendix A-4 to part 60 for moisture 
content and for the concentration of SO2; the duration of each test run 
must be no less than 4 hours. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 
60.17) is an acceptable alternative to EPA Method 6 or 6A of appendix A-
4 to part 60.
    (6) Method 7, 7A, 7C, 7D, or 7E of appendix A-4 to part 60 for 
moisture content and for the concentration of NOX calculated as nitrogen 
dioxide (NO2); the duration of each test run must be no less than 4 
hours. The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses,'' (incorporated by reference--see Sec. 60.17) is an 
acceptable alternative to EPA Method 7 or 7C of appendix A-4 to part 60.
    (7) Method 10, 10A, or 10B of appendix A-4 to part 60 for moisture 
content and for the concentration of CO. The sampling time for each run 
must be 60 minutes.
    (8) The owner or operator shall adjust PM, NOX, SO2, and CO 
pollutant concentrations to 0 percent excess air or 0 percent O2 using 
Equation 6 of this section:

[[Page 351]]

[GRAPHIC] [TIFF OMITTED] TR24JN08.005

Where:

Cadj = pollutant concentration adjusted to 0 percent excess air or O2, 
parts per million (ppm) or g/dscm;
Cmeas = pollutant concentration measured on a dry basis, ppm or g/dscm;
20.9c = 20.9 percent O2-0.0 percent O2 (defined O2 correction basis), 
percent;
20.9 = O2 concentration in air, percent; and
%O2 = O2 concentration measured on a dry basis, percent.

    (e) The owner or operator of a FCCU or FCU that is controlled by an 
electrostatic precipitator or wet scrubber and that is subject to 
control device operating parameter limits in Sec. 60.102a(c) shall 
establish the limits based on the performance test results according to 
the following procedures:
    (1) Reduce the parameter monitoring data to hourly averages for each 
test run;
    (2) Determine the hourly average operating limit for each required 
parameter as the average of the three test runs.
    (f) The owner or operator of an FCCU or FCU that uses cyclones to 
comply with the PM limit in Sec. 60.102a(b)(1) and elects to comply 
with the COMS alternative monitoring option in Sec. 60.105a(d) shall 
establish a site-specific opacity operating limit according to the 
procedures in paragraphs (f)(1) through (3) of this section.
    (1) Collect COMS data every 10 seconds during the entire period of 
the PM performance test and reduce the data to 6-minute averages.
    (2) Determine and record the hourly average opacity from all the 6-
minute averages.
    (3) Compute the site-specific limit using Equation 7 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR24JN08.006

Where:

Opacity limit = Maximum permissible hourly average opacity, percent, or 
10 percent, whichever is greater;
Opacityst = Hourly average opacity measured during the source test runs, 
percent; and
PMEmRst = PM emission rate measured during the source test, lb/1,000 lbs 
coke burn.

    (g) The owner or operator of a FCCU or FCU that is exempt from the 
requirement to install and operate a CO CEMS pursuant to Sec. 
60.105a(h)(3) and that is subject to control device operating parameter 
limits in Sec. 60.102a(c) shall establish the limits based on the 
performance test results using the procedures in paragraphs (g)(1) and 
(2) of this section.
    (1) Reduce the temperature and O2 concentrations from the parameter 
monitoring systems to hourly averages for each test run.
    (2) Determine the operating limit for temperature and O2 
concentrations as the average of the average temperature and O2 
concentration for the three test runs.
    (h) The owner or operator shall determine compliance with the SO2 
and H2S emissions limits for sulfur recovery plants in Sec. Sec. 
60.102a(f)(1)(i), 60.102a(f)(1)(iii), 60.102a(f)(1)(iii), 
60.102a(f)(2)(i), and 60.102a(f)(2)(iii) and the reduced sulfur 
compounds and H2S emissions limits for sulfur recovery plants in Sec. 
60.102a(f)(1)(ii) and Sec. 60.102a(f)(2)(ii) using the following 
methods and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses.
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate.

[[Page 352]]

    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec. 60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60.
    (4) Method 6, 6A, or 6C of appendix A-4 to part 60 to determine the 
SO2 concentration. The method ANSI/ASME PTC 19.10-1981, ``Flue and 
Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 60.17) is 
an acceptable alternative to EPA Method 6 or 6A of appendix A-4 to part 
60.
    (5) Method 15 or 15A of appendix A-5 to part 60 or Method 16 of 
appendix A-6 to part 60 to determine the reduced sulfur compounds and 
H2S concentrations. The method ANSI/ASME PTC 19.10-1981, ``Flue and 
Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 60.17) is 
an acceptable alternative to EPA Method 15A of appendix A-5 to part 60.
    (i) Each run consists of 16 samples taken over a minimum of 3 hours.
    (ii) The owner or operator shall calculate the average H2S 
concentration after correcting for moisture and O2 as the arithmetic 
average of the H2S concentration for each sample during the run (ppmv, 
dry basis, corrected to 0 percent excess air).
    (iii) The owner or operator shall calculate the SO2 equivalent for 
each run after correcting for moisture and O2 as the arithmetic average 
of the SO2 equivalent of reduced sulfur compounds for each sample during 
the run (ppmv, dry basis, corrected to 0 percent excess air).
    (iv) The owner or operator shall use Equation 6 of this section to 
adjust pollutant concentrations to 0 percent O2 or 0 percent excess air.
    (i) The owner or operator shall determine compliance with the SO2 
and NOX emissions limits in Sec. 60.102a(g) for a fuel gas combustion 
device according to the following test methods and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses;
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate;
    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec. 60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60;
    (4) Method 6, 6A, or 6C of appendix A-4 to part 60 to determine the 
SO2 concentration. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 
60.17) is an acceptable alternative to EPA Method 6 or 6A of appendix A-
4 to part 60.
    (i) The performance test consists of 3 valid test runs; the duration 
of each test run must be no less than 1 hour.
    (ii) If a single fuel gas combustion device having a common source 
of fuel gas is monitored as allowed under Sec. 60.107a(a)(1)(v), only 
one performance test is required. That is, performance tests are not 
required when a new affected fuel gas combustion device is added to a 
common source of fuel gas that previously demonstrated compliance.
    (5) Method 7, 7A, 7C, 7D, or 7E of appendix A-4 to part 60 for 
moisture content and for the concentration of NOX calculated as NO2; the 
duration of each test run must be no less than 4 hours. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 7 
or 7C of appendix A-4 to part 60.
    (j) The owner or operator shall determine compliance with the H2S 
emissions limit in Sec. 60.102a(g) for a fuel gas combustion device 
according to the following test methods and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses;
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate;
    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec. 60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60;
    (4) Method 11, 15, or 15A of appendix A-5 to part 60 or Method 16 of 
appendix A-6 to part 60 for determining the H2S concentration 
for affected plants using an H2S monitor as specified in 
Sec. 60.107a(a)(2). The method ANSI/ASME

[[Page 353]]

PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
15A of appendix A-5 to part 60. The owner or operator may demonstrate 
compliance based on the mixture used in the fuel gas combustion device 
or for each individual fuel gas stream used in the fuel gas combustion 
device.
    (i) For Method 11 of appendix A-5 to part 60, the sampling time and 
sample volume must be at least 10 minutes and 0.010 dscm (0.35 dscf). 
Two samples of equal sampling times must be taken at about 1-hour 
intervals. The arithmetic average of these two samples constitutes a 
run. For most fuel gases, sampling times exceeding 20 minutes may result 
in depletion of the collection solution, although fuel gases containing 
low concentrations of H2S may necessitate sampling for longer periods of 
time.
    (ii) For Method 15 of appendix A-5 to part 60, at least three 
injects over a 1-hour period constitutes a run.
    (iii) For Method 15A of appendix A-5 to part 60, a 1-hour sample 
constitutes a run. The method ANSI/ASME PTC 19.10-1981, ``Flue and 
Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 60.17) is 
an acceptable alternative to EPA Method 15A of appendix A-5 to part 60.
    (iv) If monitoring is conducted at a single point in a common source 
of fuel gas as allowed under Sec. 60.107a(a)(2)(iv), only one 
performance test is required. That is, performance tests are not 
required when a new affected fuel gas combustion device is added to a 
common source of fuel gas that previously demonstrated compliance.



Sec. 60.105a  Monitoring of emissions and operations for fluid catalytic
cracking units (FCCU) and fluid coking units (FCU).

    (a) FCCU and FCU subject to PM emissions limit. Each owner or 
operator subject to the provisions of this subpart shall monitor each 
FCCU and FCU subject to the PM emissions limit in Sec. 60.102a(b)(1) 
according to the requirements in paragraph (b), (c), (d), or (e) of this 
section.
    (b) Control device operating parameters. Each owner or operator of a 
FCCU or FCU subject to the PM per coke burn-off emissions limit in Sec. 
60.102a(b)(1) shall comply with the requirements in paragraphs (b)(1) 
through (3) of this section.
    (1) The owner or operator shall install, operate, and maintain 
continuous parameter monitor systems (CPMS) to measure and record 
operating parameters for each control device according to the 
requirements in paragraph (b)(1)(i) through (iii) of this section.
    (i) For units controlled using an electrostatic precipitator, the 
owner or operator shall use CPMS to measure and record the hourly 
average total power input and secondary voltage to the entire system.
    (ii) For units controlled using a wet scrubber, the owner or 
operator shall use CPMS to measure and record the hourly average 
pressure drop, liquid feed rate, and exhaust gas flow rate. As an 
alternative to a CPMS, the owner or operator must comply with the 
requirements in either paragraph (b)(1)(ii)(A) or (B) of this section.
    (A) As an alterative to pressure drop, the owner or operator of a 
jet ejector type wet scrubber or other type of wet scrubber equipped 
with atomizing spray nozzles must conduct a daily check of the air or 
water pressure to the spray nozzles and record the results of each 
check.
    (B) As an alternative to exhaust gas flow rate, the owner or 
operator shall comply with the approved alternative for monitoring 
exhaust gas flow rate in 40 CFR 63.1573(a) of the National Emission 
Standards for Hazardous Air Pollutants for Petroleum Refineries: 
Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery 
Units.
    (iii) The owner or operator shall install, operate, and maintain 
each CPMS according to the manufacturer's specifications and 
requirements.
    (iv) The owner or operator shall determine and record the average 
coke burn-off rate and hours of operation for each FCCU or FCU using the 
procedures in Sec. 60.104a(d)(4)(iii).
    (v) If you use a control device other than an electrostatic 
precipitator, wet scrubber, fabric filter, or cyclone, you may request 
approval to monitor parameters other than those required in

[[Page 354]]

paragraph (b)(1) of this section by submitting an alternative monitoring 
plan to the Administrator. The request must include the information in 
paragraphs (b)(1)(v)(A) through (E) of this section.
    (A) A description of each affected facility and the parameter(s) to 
be monitored to determine whether the affected facility will 
continuously comply with the emission limitations and an explanation of 
the criteria used to select the parameter(s).
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter(s) can be used to determine whether the 
affected facility will continuously comply with the emission limitations 
and the schedule for this demonstration. The owner or operator must 
certify that an operating limit will be established for the monitored 
parameter(s) that represents the conditions in existence when the 
control device is being properly operated and maintained to meet the 
emission limitation.
    (C) The frequency and content of the recordkeeping, recording, and 
reporting, if monitoring and recording are not continuous. The owner or 
operator also must include the rationale for the proposed monitoring, 
recording, and reporting requirements.
    (D) Supporting calculations.
    (E) Averaging time for the alternative operating parameter.
    (2) For use in determining the coke burn-off rate for an FCCU or 
FCU, the owner or operator shall install, operate, calibrate, and 
maintain an instrument for continuously monitoring the concentrations of 
CO2, O2 (dry basis), and if needed, CO in the 
exhaust gases prior to any control or energy recovery system that burns 
auxiliary fuels.
    (i) The owner or operator shall install, operate, and maintain each 
monitor according to Performance Specification 3 of appendix B to part 
60.
    (ii) The owner or operator shall conduct performance evaluations of 
each CO2, O2, and CO monitor according to the 
requirements in Sec. 60.13(c) and Performance Specification 3 of 
appendix B to part 60. The owner or operator shall use Method 3 of 
appendix A-3 to part 60 for conducting the relative accuracy 
evaluations.
    (iii) The owner or operator shall comply with the quality assurance 
requirements of procedure 1 of appendix F to part 60, including 
quarterly accuracy determinations for CO2 and CO monitors, 
annual accuracy determinations for O2 monitors, and daily 
calibration drift tests.
    (c) Bag leak detection systems. Each owner or operator shall 
install, operate, and maintain a bag leak detection system for each 
baghouse or similar fabric filter control device that is used to comply 
with the PM per coke burn-off emissions limit in Sec. 60.102a(b)(1) for 
an FCCU or FCU according to paragraph (c)(1) of this section; prepare 
and operate by a site-specific monitoring plan according to paragraph 
(c)(2) of this section; take action according to paragraph (c)(3) of 
this section; and record information according to paragraph (c)(4) of 
this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 0.00044 grains per actual cubic foot or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (c)(1)(iv) of this section, and the alarm must be located such 
that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, the 
owner or operator must establish, at a minimum, the baseline output by 
adjusting the sensitivity (range) and the averaging period of the 
device, the alarm set points, and the alarm delay time.
    (v) Following initial adjustment, the owner or operator shall not 
adjust the

[[Page 355]]

averaging period, alarm set point, or alarm delay time without approval 
from the Administrator or delegated authority except as provided in 
paragraph (c)(1)(vi) of this section.
    (vi) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects, including temperature and humidity, according to the procedures 
identified in the site-specific monitoring plan required by paragraph 
(c)(2) of this section.
    (vii) The owner or operator shall install the bag leak detection 
sensor downstream of the baghouse and upstream of any wet scrubber.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) The owner or operator shall develop and submit to the 
Administrator for approval a site-specific monitoring plan for each 
baghouse and bag leak detection system. The owner or operator shall 
operate and maintain each baghouse and bag leak detection system 
according to the site-specific monitoring plan at all times. Each 
monitoring plan must describe the items in paragraphs (c)(2)(i) through 
(vii) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (v) How the bag leak detection system output will be recorded and 
stored;
    (vi) Procedures as specified in paragraph (c)(3) of this section. In 
approving the site-specific monitoring plan, the Administrator or 
delegated authority may allow owners and operators more than 3 hours to 
alleviate a specific condition that causes an alarm if the owner or 
operator identifies in the monitoring plan this specific condition as 
one that could lead to an alarm, adequately explains why it is not 
feasible to alleviate this condition within 3 hours of the time the 
alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable; and
    (vii) How the baghouse system will be operated and maintained, 
including monitoring of pressure drop across baghouse cells and 
frequency of visual inspections of the baghouse interior and baghouse 
components such as fans and dust removal and bag cleaning mechanisms.
    (3) For each bag leak detection system, the owner or operator shall 
initiate procedures to determine the cause of every alarm within 1 hour 
of the alarm. Except as provided in paragraph (c)(2)(vi) of this 
section, the owner or operator shall alleviate the cause of the alarm 
within 3 hours of the alarm by taking whatever action(s) are necessary. 
Actions may include, but are not limited to the following:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the particulate emissions.
    (4) The owner or operator shall maintain records of the information 
specified in paragraphs (c)(4)(i) through (iii) of this section for each 
bag leak detection system.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
the cause of

[[Page 356]]

the alarm, an explanation of the actions taken, the date and time the 
cause of the alarm was alleviated, and whether the alarm was alleviated 
within 3 hours of the alarm.
    (d) Continuous emissions monitoring systems (CEMS). An owner or 
operator subject to the PM concentration emission limit (in gr/dscf) in 
Sec. 60.102a(b)(1) for an FCCU or FCU shall install, operate, 
calibrate, and maintain an instrument for continuously monitoring and 
recording the concentration (0 percent excess air) of PM in the exhaust 
gases prior to release to the atmosphere. The monitor must include an 
O2 monitor for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
PM monitor according to Performance Specification 11 of appendix B to 
part 60. The span value of this PM monitor is 0.08 gr/dscf PM.
    (2) The owner or operator shall conduct performance evaluations of 
each PM monitor according to the requirements in Sec. 60.13(c) and 
Performance Specification 11 of appendix B to part 60. The owner or 
operator shall use EPA Methods 5 or 5I of appendix A-3 to part 60 or 
Method 17 of appendix A-6 to part 60 for conducting the relative 
accuracy evaluations.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements of Procedure 2 of appendix B to part 60 for each PM CEMS 
and Procedure 1 of appendix F to part 60 for each O2 monitor, 
including quarterly accuracy determinations for each PM monitor, annual 
accuracy determinations for each O2 monitor, and daily 
calibration drift tests.
    (e) Alternative monitoring option for FCCU and FCU--COMS. Each owner 
or operator of an FCCU or FCU that uses cyclones to comply with the PM 
emission limit in Sec. 60.102a(b)(1) shall monitor the opacity of 
emissions according to the requirements in paragraphs (e)(1) through (3) 
of this section.
    (1) The owner or operator shall install, operate, and maintain an 
instrument for continuously monitoring and recording the opacity of 
emissions from the FCCU or the FCU exhaust vent.
    (2) The owner or operator shall install, operate, and maintain each 
COMS according to Performance Specification 1 of appendix B to part 60. 
The instrument shall be spanned at 20 to 60 percent opacity.
    (3) The owner or operator shall conduct performance evaluations of 
each COMS according to Sec. 60.13(c) and Performance Specification 1 of 
appendix B to part 60.
    (f) FCCU and FCU subject to NOX limit. Each owner or operator 
subject to the NOX emissions limit in Sec. 60.102a(b)(2) for 
an FCCU or FCU shall install, operate, calibrate, and maintain an 
instrument for continuously monitoring and recording the concentration 
by volume (dry basis, 0 percent excess air) of NOX emissions 
into the atmosphere. The monitor must include an O2 monitor 
for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
NOX monitor according to Performance Specification 2 of 
appendix B to part 60. The span value of this NOX monitor is 
200 ppmv NOX.
    (2) The owner or operator shall conduct performance evaluations of 
each NOX monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 
to part 60 for conducting the relative accuracy evaluations. The method 
ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated

[[Page 357]]

by reference--see Sec. 60.17) is an acceptable alternative to EPA 
Method 7 or 7C of appendix A-4 to part 60.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements of Procedure 1 of appendix F to part 60 for each 
NOX and O2 monitor, including quarterly accuracy 
determinations for NOX monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (g) FCCU and FCU subject to SO2 limit. The owner or operator subject 
to the SO2 emissions limit in Sec. 60.102a(b)(3) for an FCCU 
or an FCU shall install, operate, calibrate, and maintain an instrument 
for continuously monitoring and recording the concentration by volume 
(dry basis, corrected to 0 percent excess air) of SO2 
emissions into the atmosphere. The monitor shall include an 
O2 monitor for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
SO2 monitor according to Performance Specification 2 of 
appendix B to part 60. The span value of this SO2 monitor is 
200 ppmv SO2.
    (2) The owner or operator shall conduct performance evaluations of 
each SO2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 6, 6A, or 6C of appendix A-4 to part 
60 for conducting the relative accuracy evaluations. The method ANSI / 
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 6 
or 6A of appendix A-4 to part 60.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements in Procedure 1 of appendix F to part 60 for each 
SO2 and O2 monitor, including quarterly accuracy 
determinations for SO2 monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (h) FCCU and fluid coking units subject to CO emissions limit. 
Except as specified in paragraph (h)(3) of this section, the owner or 
operator shall install, operate, calibrate, and maintain an instrument 
for continuously monitoring and recording the concentration by volume 
(dry basis) of CO emissions into the atmosphere from each FCCU and FCU 
subject to the CO emissions limit in Sec. 60.102a(b)(4).
    (1) The owner or operator shall install, operate, and maintain each 
CO monitor according to Performance Specification 4 or 4A of appendix B 
to part 60. The span value for this instrument is 1,000 ppm CO.
    (2) The owner or operator shall conduct performance evaluations of 
each CO monitor according to the requirements in Sec. 60.13(c) and 
Performance Specification 4 or 4A of appendix B to part 60. The owner or 
operator shall use Methods 10, 10A, or 10B of appendix A-4 to part 60 
for conducting the relative accuracy evaluations.

[[Page 358]]

    (3) A CO CEMS need not be installed if the owner or operator 
demonstrates that all hourly average CO emissions are and will remain 
less than 50 ppmv (dry basis) corrected to 0 percent excess air. The 
Administrator may revoke this exemption from monitoring upon a 
determination that CO emissions on an hourly average basis have exceeded 
50 ppmv (dry basis) corrected to 0 percent excess air, in which case a 
CO CEMS shall be installed within 180 days.
    (i) The demonstration shall consist of continuously monitoring CO 
emissions for 30 days using an instrument that meets the requirements of 
Performance Specification 4 or 4A of appendix B to part 60. The span 
value shall be 100 ppm CO instead of 1,000 ppm, and the relative 
accuracy limit shall be 10 percent of the average CO emissions or 5 ppm 
CO, whichever is greater. For instruments that are identical to Method 
10 of appendix A-4 to part 60 and employ the sample conditioning system 
of Method 10A of appendix A-4 to part 60, the alternative relative 
accuracy test procedure in section 10.1 of Performance Specification 2 
of appendix B to part 60 may be used in place of the relative accuracy 
test.
    (ii) The owner or operator must submit the following information to 
the Administrator:
    (A) The measurement data specified in paragraph (h)(3)(i) of this 
section along with all other operating data known to affect CO 
emissions; and
    (B) Descriptions of the CPMS for exhaust gas temperature and 
O2 monitor required in paragraph (h)(4) of this section and 
operating limits for those parameters to ensure combustion conditions 
remain similar to those that exist during the demonstration period.
    (iii) The effective date of the exemption from installation and 
operation of a CO CEMS is the date of submission of the information and 
data required in paragraph (h)(3)(ii) of this section.
    (4) The owner or operator of a FCCU or FCU that is exempted from the 
requirement to install and operate a CO CEMS in paragraph (h)(3) of this 
section shall install, operate, calibrate, and maintain CPMS to measure 
and record the operating parameters in paragraph (h)(4)(i) or (ii) of 
this section. The owner or operator shall install, operate, and maintain 
each CPMS according to the manufacturer's specifications.
    (i) For a FCCU or FCU with no post-combustion control device, the 
temperature and O2 concentration of the exhaust gas stream 
exiting the unit.
    (ii) For a FCCU or FCU with a post-combustion control device, the 
temperature and O2 concentration of the exhaust gas stream 
exiting the control device.
    (i) Excess emissions. For the purpose of reports required by Sec. 
60.7(c), periods of excess emissions for a FCCU or FCU subject to the 
emissions limitations in Sec. 60.102a(b) are defined as specified in 
paragraphs (i)(1) through (6) of this section. Note: Determine all 
averages, except for opacity, as the arithmetic average of the 
applicable 1-hour averages, e.g., determine the rolling 3-hour average 
as the arithmetic average of three contiguous 1-hour averages.
    (1) If a CPMS is used according to Sec. 60.105a(b)(1), all 3-hour 
periods during which the average PM control device operating 
characteristics, as measured by the continuous monitoring systems under 
Sec. 60.105a(b)(1), fall below the levels established during the 
performance test.
    (2) If a PM CEMS is used according to Sec. 60.105a(d), all 7-day 
periods during which the average PM emission rate, as measured by the 
continuous PM monitoring system under Sec. 60.105a(d) exceeds 0.040 gr/
dscf corrected to 0 percent excess air for a modified or reconstructed 
FCCU, 0.020 gr/dscf corrected to 0 percent excess air for a newly 
constructed FCCU, or 0.040 gr/dscf for an affected fluid coking unit.
    (3) If a COMS is used according to Sec. 60.105a(e), all 3-hour 
periods during which the average opacity, as measured by the COMS under 
Sec. 60.105a(e), exceeds the site-specific limit established during the 
most recent performance test.
    (4) All rolling 7-day periods during which the average concentration 
of NOX as measured by the NOX CEMS under Sec. 
60.105a(f) exceeds 80 ppmv for an affected FCCU or FCU.
    (5) Except as provided in paragraph (i)(7) of this section, all 
rolling 7-day

[[Page 359]]

periods during which the average concentration of SO2 as 
measured by the SO2 CEMS under Sec. 60.105a(g) exceeds 50 
ppmv, and all rolling 365-day periods during which the average 
concentration of SO2 as measured by the SO2 CEMS 
exceeds 25 ppmv.
    (6) All 1-hour periods during which the average CO concentration as 
measured by the CO continuous monitoring system under Sec. 1A60.105a(h) 
exceeds 500 ppmv or, if applicable, all 1-hour periods during which the 
average temperature and O2 concentration as measured by the 
continuous monitoring systems under Sec. 60.105a(h)(4) fall below the 
operating limits established during the performance test.



Sec. 60.106a  Monitoring of emissions and operations for sulfur
recovery plants.

    (a) The owner or operator of a sulfur recovery plant that is subject 
to the emissions limits in Sec. 60.102a(f)(1) or Sec. 60.102a(f)(2) 
shall:
    (1) For sulfur recovery plants subject to the SO2 
emission limit in Sec. 60.102a(f)(1)(i) or Sec. 60.102a(f)(2)(i), the 
owner or operator shall install, operate, calibrate, and maintain an 
instrument for continuously monitoring and recording the concentration 
(dry basis, zero percent excess air) of any SO2 emissions 
into the atmosphere. The monitor shall include an oxygen monitor for 
correcting the data for excess air.
    (i) The span values for this monitor are two times the applicable 
SO2 emission limit and between 10 and 25 percent 
O2, inclusive.
    (ii) The owner or operator shall install, operate, and maintain each 
SO2 CEMS according to Performance Specification 2 of appendix 
B to part 60.
    (iii) The owner or operator shall conduct performance evaluations of 
each SO2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 6 or 6C of appendix A-4 to part 60 
and Method 3 or 3A of appendix A-2 of part 60 for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 
60.17) is an acceptable alternative to EPA Method 6.
    (2) For sulfur recovery plants that are subject to the reduced 
sulfur compound and H2S emission limit in Sec. 
60.102a(f)(1)(ii) or Sec. 60.102a(f)(2)(ii), the owner or operator 
shall install, operate, calibrate, and maintain an instrument for 
continuously monitoring and recording the concentration of reduced 
sulfur, H2S, and O2 emissions into the atmosphere. 
The reduced sulfur emissions shall be calculated as SO2 (dry 
basis, zero percent excess air).
    (i) The span values for this monitor are two times the applicable 
reduced sulfur emission limit, two times the H2S emission 
limit, and between 10 and 25 percent O2, inclusive.
    (ii) The owner or operator shall install, operate, and maintain each 
reduced sulfur CEMS according to Performance Specification 5 of appendix 
B to part 60.
    (iii) The owner or operator shall conduct performance evaluations of 
each reduced sulfur monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 5 of appendix B to part 60. The 
owner or operator shall use Methods 15 or 15A of appendix A-5 to part 60 
for conducting the relative accuracy evaluations. The method ANSI/ASME 
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
15A of appendix A-5 to part 60.
    (iv) The owner or operator shall install, operate, and maintain each 
H2S CEMS according to Performance Specification 7 of appendix 
B to part 60.
    (v) The owner or operator shall conduct performance evaluations of 
each reduced sulfur monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 5 of appendix B to part 60. The 
owner or operator shall use Methods 11, 15, or 15A of appendix A-5 to 
part 60 or Method 16 of appendix A-6 to part 60 for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec. 
60.17) is an acceptable alternative to EPA Method 15A of appendix A-5 to 
part 60.
    (vi) The owner or operator shall install, operate, and maintain each 
O2

[[Page 360]]

monitor according to Performance Specification 3 of appendix B to part 
60.
    (vii) The span value for the O2 monitor must be selected 
between 10 and 25 percent, inclusive.
    (viii) The owner or operator shall conduct performance evaluations 
for the O2 monitor according to the requirements of Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (ix) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to part 60 for each monitor, 
including annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (3) In place of the reduced sulfur monitor required in paragraph 
(a)(2) of this section, the owner or operator shall install, calibrate, 
operate, and maintain an instrument using an air or O2 
dilution and oxidation system to convert any reduced sulfur to 
SO2 for continuously monitoring and recording the 
concentration (dry basis, 0 percent excess air) of the total resultant 
SO2. The monitor must include an O2 monitor for 
correcting the data for excess O2.
    (i) The span value for this monitor is two times the applicable 
SO2 emission limit.
    (ii) The owner or operator shall conduct performance evaluations of 
each SO2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 5 of appendix B to part 60. The 
owner or operator shall use Methods 15 or 15A of appendix A-5 to part 60 
for conducting the relative accuracy evaluations. The method ANSI/ASME 
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
15A of appendix A-5 to part 60.
    (iii) The owner or operator shall install, operate, and maintain 
each O2 monitor according to Performance Specification 3 of 
appendix B to part 60.
    (iv) The span value for the O2 monitor must be selected 
between 10 and 25 percent, inclusive.
    (v) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (vi) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to part 60 for each monitor, 
including quarterly accuracy determinations for each SO2 
monitor, annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (b) Excess emissions. For the purpose of reports required by Sec. 
60.7(c), periods of excess emissions for sulfur recovery plants subject 
to the emissions limitations in Sec. 60.102a(f) are defined as 
specified in paragraphs (b)(1) through (3) of this section. Note: 
Determine all averages as the arithmetic average of the applicable 1-
hour averages, e.g., determine the rolling 12-hour average as the 
arithmetic average of 12 contiguous 1-hour averages.
    (1) All 12-hour periods during which the average concentration of 
SO2 as measured by the SO2 continuous monitoring 
system required under paragraph (a)(1) of this section exceeds the 
applicable emission limit (dry basis, zero percent excess air); or
    (2) All 12-hour periods during which the average concentration of 
reduced sulfur (as SO2) as measured by the reduced sulfur 
continuous monitoring system required under paragraph (a)(2) of this 
section exceeds the applicable emission limit; or
    (3) All 12-hour periods during which the average concentration of 
H2S as measured by the H2S continuous monitoring 
system required under paragraph (a)(2) of this section exceeds the

[[Page 361]]

applicable emission limit (dry basis, 0 percent excess air).



Sec. 60.107a  Monitoring of emissions and operations for fuel 
gas combustion devices.

    (a) Fuel gas combustion devices subject to SO2 or H2S limit. The 
owner or operator of a fuel gas combustion device that is subject to the 
requirements in Sec. 60.102a(g) shall comply with the requirements in 
paragraph (a)(1) of this section for SO2 emissions or 
paragraph (a)(2) of this section for H2S emissions.
    (1) The owner or operator of a fuel gas combustion device subject to 
the SO2 emissions limits in Sec. 60.102a(g)(1)(i) shall 
install, operate, calibrate, and maintain an instrument for continuously 
monitoring and recording the concentration (dry basis, 0 percent excess 
air) of SO2 emissions into the atmosphere. The monitor must 
include an O2 monitor for correcting the data for excess air.
    (i) The owner or operator shall install, operate, and maintain each 
SO2 monitor according to Performance Specification 2 of 
appendix B to part 60. The span value for the SO2 monitor is 
50 ppm SO2.
    (ii) The owner or operator shall conduct performance evaluations for 
the SO2 monitor according to the requirements of Sec. 
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 6, 6A, or 6C of appendix A-4 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 6 
or 6A of appendix A-4 to part 60. Samples taken by Method 6 of appendix 
A-4 to part 60 shall be taken at a flow rate of approximately 2 liters/
min for at least 30 minutes. The relative accuracy limit shall be 20 
percent or 4 ppm, whichever is greater, and the calibration drift limit 
shall be 5 percent of the established span value.
    (iii) The owner or operator shall install, operate, and maintain 
each O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value for the O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (iv) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (v) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60, including quarterly 
accuracy determinations for SO2 monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (vi) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location (i.e., after one of the combustion 
devices), if monitoring at this location accurately represents the 
SO2 emissions into the atmosphere from each of the combustion 
devices.
    (2) The owner or operator of a fuel gas combustion device subject to 
the H2S concentration limits in Sec. 60.102a(g)(1)(ii) shall 
install, operate, calibrate, and maintain an instrument for continuously 
monitoring and recording the concentration by volume (dry basis) of 
H2S in the fuel gases before being burned in any fuel gas 
combustion device.
    (i) The owner or operator shall install, operate, and maintain each 
H2S monitor according to Performance Specification 7 of 
appendix B to part 60. The span value for this instrument is 320 ppmv 
H2S.
    (ii) The owner or operator shall conduct performance evaluations for 
each H2S monitor according to the requirements of Sec. 
60.13(c) and Performance Specification 7 of appendix B to part 60. The 
owner or operator shall use Method 11, 15, or 15A of appendix A-5 to 
part 60 or Method 16 of appendix A-6 to part 60 for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas

[[Page 362]]

Analyses,'' (incorporated by reference--see Sec. 60.17) is an 
acceptable alternative to EPA Method 15A of appendix A-5 to part 60.
    (iii) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60 for each H2S 
monitor.
    (iv) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location, if monitoring at this location 
accurately represents the concentration of H2S in the fuel 
gas being burned.
    (3) The owner or operator of a fuel gas combustion device is not 
required to comply with paragraph (a)(1) or (2) of this section for fuel 
gas streams that are exempt under Sec. 60.102a(h) and fuel gas streams 
combusted in a process heater or other fuel gas combustion device that 
are inherently low in sulfur content. Fuel gas streams meeting one of 
the requirements in paragraphs (a)(3)(i) through (iv) of this section 
will be considered inherently low in sulfur content.
    (i) Pilot gas for heaters and flares.
    (ii) Fuel gas streams that meet a commercial-grade product 
specification for sulfur content of 30 ppmv or less. In the case of a 
liquefied petroleum gas (LPG) product specification in the pressurized 
liquid state, the gas phase sulfur content should be evaluated assuming 
complete vaporization of the LPG and sulfur containing-compounds at the 
product specification concentration.
    (iii) Fuel gas streams produced in process units that are intolerant 
to sulfur contamination, such as fuel gas streams produced in the 
hydrogen plant, catalytic reforming unit, isomerization unit, and HF 
alkylation process units.
    (iv) Other fuel gas streams that an owner or operator demonstrates 
are low-sulfur according to the procedures in paragraph (b) of this 
section.
    (4) If the composition of an exempt fuel gas stream changes, the 
owner or operator must follow the procedures in paragraph (b)(3) of this 
section.
    (b) Exemption from H2S monitoring requirements for low-sulfur fuel 
gas streams. The owner or operator of a fuel gas combustion device may 
apply for an exemption from the H2S monitoring requirements 
in paragraph (a)(2) of this section for a fuel gas stream that is 
inherently low in sulfur content. A fuel gas stream that is demonstrated 
to be low-sulfur is exempt from the monitoring requirements of 
paragraphs (a)(1) and (2) of this section until there are changes in 
operating conditions or stream composition.
    (1) The owner or operator shall submit to the Administrator a 
written application for an exemption from monitoring. The application 
must contain the following information:
    (i) A description of the fuel gas stream/system to be considered, 
including submission of a portion of the appropriate piping diagrams 
indicating the boundaries of the fuel gas stream/system, and the 
affected fuel gas combustion device(s) to be considered;
    (ii) A statement that there are no crossover or entry points for 
sour gas (high H2S content) to be introduced into the fuel 
gas stream/system (this should be shown in the piping diagrams);
    (iii) An explanation of the conditions that ensure low amounts of 
sulfur in the fuel gas stream (i.e., control equipment or product 
specifications) at all times;
    (iv) The supporting test results from sampling the requested fuel 
gas stream/system demonstrating that the sulfur content is less than 5 
ppm H2S. Sampling data must include, at minimum, 2 weeks of 
daily monitoring (14 grab samples) for frequently operated fuel gas 
streams/systems; for infrequently operated fuel gas streams/systems, 
seven grab samples must be collected unless other additional information 
would support reduced sampling. The owner or operator shall use detector 
tubes (``length-of-stain tube'' type measurement) following the ``Gas 
Processors Association Standard 2377-86, Test for Hydrogen Sulfide and 
Carbon Dioxide in Natural Gas Using Length of Stain Tubes,'' 1986 
Revision (incorporated by reference--see Sec. 60.17), with ranges 0-10/
0-100 ppm (N = 10/1) to test the applicant fuel gas stream for 
H2S; and
    (v) A description of how the 2 weeks (or seven samples for 
infrequently operated fuel gas streams/systems) of monitoring results 
compares to the

[[Page 363]]

typical range of H2S concentration (fuel quality) expected 
for the fuel gas stream/system going to the affected fuel gas combustion 
device (e.g., the 2 weeks of daily detector tube results for a 
frequently operated loading rack included the entire range of products 
loaded out, and, therefore, should be representative of typical 
operating conditions affecting H2S content in the fuel gas 
stream going to the loading rack flare).
    (2) The effective date of the exemption is the date of submission of 
the information required in paragraph (b)(1) of this section.
    (3) No further action is required unless refinery operating 
conditions change in such a way that affects the exempt fuel gas stream/
system (e.g., the stream composition changes). If such a change occurs, 
the owner or operator shall follow the procedures in paragraph 
(b)(3)(i), (b)(3)(ii), or (b)(3)(iii) of this section.
    (i) If the operation change results in a sulfur content that is 
still within the range of concentrations included in the original 
application, the owner or operator shall conduct an H2S test 
on a grab sample and record the results as proof that the concentration 
is still within the range.
    (ii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original 
application, the owner or operator may submit new information following 
the procedures of paragraph (b)(1) of this section within 60 days (or 
within 30 days after the seventh grab sample is tested for infrequently 
operated process units).
    (iii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original 
application, and the owner or operator chooses not to submit new 
information to support an exemption, the owner or operator must begin 
H2S monitoring using daily stain sampling to demonstrate 
compliance. The owner or operator must begin monitoring according to the 
requirements in paragraphs (a)(1) or (a)(2) of this section as soon as 
practicable but in no case later than 180 days after the operation 
change. During daily stain tube sampling, a daily sample exceeding 162 
ppmv is an exceedance of the 3-hour H2S concentration limit. 
The owner or operator must determine a rolling 365-day average using the 
stain sampling results; an average H2S concentration of 5 
ppmv must be used for days prior to the operation change.
    (c) Process heaters subject to NOX limit. The owner or operator of a 
process heater subject to the NOX emission limit in Sec. 
60.102a(g)(2) shall install, operate, calibrate, and maintain an 
instrument for continuously monitoring and recording the concentration 
(dry basis, 0 percent excess air) of NOX emissions into the 
atmosphere. The monitor must include an O2 monitor for 
correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
NOX monitor according to Performance Specification 2 of 
appendix B to part 60. The span value of this NOX monitor is 
200 ppmv NOX.
    (2) The owner or operator shall conduct performance evaluations of 
each NOX monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 
to part 60 for conducting the relative accuracy evaluations. The method 
ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec. 60.17) is an acceptable 
alternative to EPA Method 7 or 7C of appendix A-4 to part 60.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.

[[Page 364]]

    (5) The owner or operator shall comply with the quality assurance 
requirements in Procedure 1 of appendix F to part 60 for each 
NOX and O2 monitor, including quarterly accuracy 
determinations for NOX monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (6) The owner or operator of a process heater that has a rated 
heating capacity of less than 100 MMBtu and is equipped with low-
NOX burners (LNB) or ultra low-NOX burners (ULNB) 
is not subject to the monitoring requirements in paragraphs (c)(1) 
through (5) of this section. The owner or operator of such a process 
heater must conduct biennial performance tests to demonstrate 
compliance.
    (d) Sulfur monitoring for affected flares. The owner or operator of 
an affected flare subject to Sec. 60.103a(b) shall install, operate, 
calibrate, and maintain an instrument for continuously monitoring and 
recording the concentration of reduced sulfur in flare gas. The owner or 
operator of a modified flare shall install this instrument by no later 
than 1 year after the flare becomes an affected flare subject to this 
subpart.
    (1) The owner or operator shall install, operate, and maintain each 
reduced sulfur CEMS according to Performance Specification 5 of appendix 
B to part 60.
    (2) The owner or operator shall conduct performance evaluations of 
each reduced sulfur monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 5 of appendix B to part 60. The 
owner or operator shall use Methods 15 or 15A of appendix A-5 to part 60 
for conducting the relative accuracy evaluations. The method ANSI/ASME 
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec. 60.17) is an acceptable alternative to EPA Method 
15A of appendix A-5 to part 60.
    (3) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60 for each reduced sulfur 
monitor.
    (e) Flow monitoring for flares. The owner or operator of an affected 
flare subject to Sec. 60.102a(g)(3) shall install, operate, calibrate, 
and maintain CPMS to measure and record the exhaust gas flow rate. The 
owner or operator of a modified flare shall install this instrument by 
no later than 1 year after the flare becomes an affected flare subject 
to this subpart.
    (1) The CPMS must be able to correct for the temperature and 
pressure of the system and output flow in standard conditions as defined 
in Sec. 60.2.
    (2) The owner or operator shall install, operate, and maintain each 
CPMS according to the manufacturer's specifications and requirements.
    (f) Excess emissions. For the purpose of reports required by Sec. 
60.7(c), periods of excess emissions for fuel gas combustion devices 
subject to the emissions limitations in Sec. 60.102a(g) are defined as 
specified in paragraphs (f)(1) through (4) of this section. Note: 
Determine all averages as the arithmetic average of the applicable 1-
hour averages, e.g., determine the rolling 3-hour average as the 
arithmetic average of three contiguous 1-hour averages.
    (1) All rolling 3-hour periods during which the average 
concentration of SO2 as measured by the SO2 
continuous monitoring system required under paragraph (a)(1) of this 
section exceeds 20 ppmv, and all rolling 365-day periods during which 
the average concentration as measured by the SO2 continuous 
monitoring system required under paragraph (a)(1) of this section 
exceeds 8 ppmv; or
    (2) All rolling 3-hour periods during which the average 
concentration of H2S as measured by the H2S 
continuous monitoring system required under paragraph (a)(2) of this 
section exceeds 162 ppmv, all days in which the concentration of 
H2S as measured by daily stain tube sampling required under 
paragraph (b)(3)(iii) of this section exceeds 162 ppmv, and all rolling 
365-day periods during which the average concentration as measured by 
the H2S continuous monitoring system under paragraph (a)(2) 
of this section exceeds 60 ppmv.
    (3) All rolling 24-hour periods during which the average 
concentration of NOX as measured by the NOX 
continuous monitoring system required under paragraph (c) of this 
section exceeds 40 ppmv.

[[Page 365]]

    (4) All rolling 30-day periods during which the average flow rate to 
an affected flare as measured by the monitoring system required under 
paragraph (e) of this section exceeds 250,000 scfd.

    Effective Date Note: At 73 FR 78552, Dec. 22, 2008, in Sec. 
60.107a, paragraphs (d) and (e) were stayed from Feb. 24, 2009 until 
further notice.



Sec. 60.108a  Recordkeeping and reporting requirements.

    (a) Each owner or operator subject to the emissions limitations in 
Sec. 60.102a shall comply with the notification, recordkeeping, and 
reporting requirements in Sec. 60.7 and other requirements as specified 
in this section.
    (b) Each owner or operator subject to an emissions limitation in 
Sec. 60.102a shall notify the Administrator of the specific monitoring 
provisions of Sec. Sec. 60.105a, 60.106a, and 60.107a with which the 
owner or operator seeks to comply. Notification shall be submitted with 
the notification of initial startup required by Sec. 60.7(a)(3).
    (c) The owner or operator shall maintain the following records:
    (1) A copy of the flare management plan and each root cause analysis 
of a discharge;
    (2) Records of information to document conformance with bag leak 
detection system operation and maintenance requirements in Sec. 
60.105a(c).
    (3) Records of bag leak detection system alarms and actions 
according to Sec. 60.105a(c).
    (4) For each FCCU and fluid coking unit subject to the monitoring 
requirements in Sec. 60.105a(b)(1), records of the average coke burn-
off rate and hours of operation.
    (5) For each fuel gas stream to which one of the exemptions listed 
in Sec. 60.107a(a)(3) applies, records of the specific exemption 
determined to apply for each fuel stream. If the owner or operator 
applies for the exemption described in Sec. 60.107a(a)(3)(iv), the 
owner or operator must keep a copy of the application as well as the 
letter from the Administrator granting approval of the application.
    (6) The owner or operator shall record and maintain records of 
discharges greater than 500 lb/day SO2 from any affected fuel 
gas combustion device or sulfur recovery plant and discharges to an 
affected flare in excess of 500,000 scfd. These records shall include:
    (i) A description of the discharge.
    (ii) For discharges greater than 500 lb/day SO2, the date 
and time the discharge was first identified and the duration of the 
discharge.
    (iii) The measured or calculated cumulative quantity of gas 
discharged over the discharge duration. If the discharge duration 
exceeds 24 hours, record the discharge quantity for each 24-hour period. 
Engineering calculations are allowed for fuel gas combustion devices 
other than flares.
    (iv) For discharges greater than 500 lb/day SO2, the 
measured or estimated concentration of H2S, TRS and 
SO2 of the stream discharged. Process knowledge can be used 
to make these estimates for fuel gas combustion devices other than 
flares.
    (v) For discharges greater than 500 lb/day SO2, the 
cumulative quantity of H2S and SO2 released into 
the atmosphere. For releases controlled by flares, assume 99 percent 
conversion of reduced sulfur to SO2. For other fuel gas 
combustion devices, assume 99 percent conversion of H2S to 
SO2.
    (vi) Results of any root-cause analysis conducted as required in 
Sec. 60.103a(a)(4) and Sec. 60.103a(b).
    (d) Each owner or operator subject to this subpart shall submit an 
excess emissions report for all periods of excess emissions according to 
the requirements of Sec. 60.7(c) except that the report shall contain 
the information specified in paragraphs (d)(1) through (7) of this 
section.
    (1) The date that the exceedance occurred;
    (2) An explanation of the exceedance;
    (3) Whether the exceedance was concurrent with a startup, shutdown, 
or malfunction of an affected facility or control system; and
    (4) A description of the action taken, if any.
    (5) A root-cause summary report that provides the information 
described in paragraph (e)(6) of this section for all discharges for 
which a root-cause analysis was required by Sec. 60.103a(a)(4) and 
Sec. 60.103a(b).

[[Page 366]]

    (6) For any periods for which monitoring data are not available, any 
changes made in operation of the emission control system during the 
period of data unavailability which could affect the ability of the 
system to meet the applicable emission limit. Operations of the control 
system and affected facility during periods of data unavailability are 
to be compared with operation of the control system and affected 
facility before and following the period of data unavailability.
    (7) A written statement, signed by a responsible official, 
certifying the accuracy and completeness of the information contained in 
the report.



Sec. 60.109a  Delegation of authority.

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as a State, local, or tribal agency. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency, the approval authorities 
contained in paragraphs (b)(1) through (3) of this section are retained 
by the Administrator of the U.S. EPA and are not transferred to the 
State, local, or tribal agency.
    (1) Approval of a major change to test methods under Sec. 60.8(b). 
A ``major change to test method'' is defined in 40 CFR 63.90.
    (2) Approval of a major change to monitoring under Sec. 60.13(i). A 
``major change to monitoring'' is defined in 40 CFR 63.90.
    (3) Approval of a major change to recordkeeping/reporting under 
Sec. 60.7(b) through (f). A ``major change to recordkeeping/reporting'' 
is defined in 40 CFR 63.90.



  Subpart K_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After June 11, 1973, and Prior to May 19, 1978



Sec. 60.110  Applicability and designation of affected facility.

    (a) Except as provided in Sec. 60.110(b), the affected facility to 
which this subpart applies is each storage vessel for petroleum liquids 
which has a storage capacity greater than 151,412 liters (40,000 
gallons).
    (b) This subpart does not apply to storage vessels for petroleum or 
condensate stored, processed, and/or treated at a drilling and 
production facility prior to custody transfer.
    (c) Subject to the requirements of this subpart is any facility 
under paragraph (a) of this section which:
    (1) Has a capacity greater than 151, 416 liters (40,000 gallons), 
but not exceeding 246,052 liters (65,000 gallons), and commences 
construction or modification after March 8, 1974, and prior to May 19, 
1978.
    (2) Has a capacity greater than 246,052 liters (65,000 gallons) and 
commences construction or modification after June 11, 1973, and prior to 
May 19, 1978.

[42 FR 37937, July 25, 1977, as amended at 45 FR 23379, Apr. 4, 1980]



Sec. 60.111  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Storage vessel means any tank, reservoir, or container used for 
the storage of petroleum liquids, but does not include:
    (1) Pressure vessels which are designed to operate in excess of 15 
pounds per square inch gauge without emissions to the atmosphere except 
under emergency conditions,
    (2) Subsurface caverns or porous rock reservoirs, or
    (3) Underground tanks if the total volume of petroleum liquids added 
to and taken from a tank annually does not exceed twice the volume of 
the tank.

[[Page 367]]

    (b) Petroleum liquids means petroleum, condensate, and any finished 
or intermediate products manufactured in a petroleum refinery but does 
not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-78, 89, 
90, 92, 96, or 98, gas turbine fuel oils Nos. 2-GT through 4-GT as 
specified in ASTM D2880-78 or 96, or diesel fuel oils Nos. 2-D and 4-D 
as specified in ASTM D975-78, 96, or 98a. (These three methods are 
incorporated by reference--see Sec. 60.17.)
    (c) Petroleum refinery means each facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products through distillation of petroleum or 
through redistillation, cracking, extracting, or reforming of unfinished 
petroleum derivatives.
    (d) Petroleum means the crude oil removed from the earth and the 
oils derived from tar sands, shale, and coal.
    (e) Hydrocarbon means any organic compound consisting predominantly 
of carbon and hydrogen.
    (f) Condensate means hydrocarbon liquid separated from natural gas 
which condenses due to changes in the temperature and/or pressure and 
remains liquid at standard conditions.
    (g) Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treating in the producing 
operations, from storage tanks or automatic transfer facilities to 
pipelines or any other forms of transportation.
    (h) Drilling and production facility means all drilling and 
servicing equipment, wells, flow lines, separators, equipment, gathering 
lines, and auxiliary nontransportation-related equipment used in the 
production of petroleum but does not include natural gasoline plants.
    (i) True vapor pressure means the equilibrium partial pressure 
exerted by a petroleum liquid as determined in accordance with methods 
described in American Petroleum Institute Bulletin 2517, Evaporation 
Loss from External Floating-Roof Tanks, Second Edition, February 1980 
(incorporated by reference--see Sec. 60.17).
    (j) Floating roof means a storage vessel cover consisting of a 
double deck, pontoon single deck, internal floating cover or covered 
floating roof, which rests upon and is supported by the petroleum liquid 
being contained, and is equipped with a closure seal or seals to close 
the space between the roof edge and tank wall.
    (k) Vapor recovery system means a vapor gathering system capable of 
collecting all hydrocarbon vapors and gases discharged from the storage 
vessel and a vapor disposal system capable of processing such 
hydrocarbon vapors and gases so as to prevent their emission to the 
atmosphere.
    (l) Reid vapor pressure is the absolute vapor pressure of volatile 
crude oil and volatile nonviscous petroleum liquids, except liquified 
petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by 
reference--see Sec. 60.17).

[39 FR 9317, Mar. 8, 1974; 39 FR 13776, Apr. 17, 1974, as amended at 39 
FR 20794, June 14, 1974; 45 FR 23379, Apr. 4, 1980; 48 FR 3737, Jan. 27, 
1983; 52 FR 11429, Apr. 8, 1987; 65 FR 61755, Oct. 17, 2000]



Sec. 60.112  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of any storage vessel to which this 
subpart applies shall store petroleum liquids as follows:
    (1) If the true vapor pressure of the petroleum liquid, as stored, 
is equal to or greater than 78 mm Hg (1.5 psia) but not greater than 570 
mm Hg (11.1 psia), the storage vessel shall be equipped with a floating 
roof, a vapor recovery system, or their equivalents.
    (2) If the true vapor pressure of the petroleum liquid as stored is 
greater than 570 mm Hg (11.1 psia), the storage vessel shall be equipped 
with a vapor recovery system or its equivalent.

[39 FR 9317, Mar. 8, 1974; 39 FR 13776, Apr. 17, 1974, as amended at 45 
FR 23379, Apr. 4, 1980]



Sec. 60.113  Monitoring of operations.

    (a) Except as provided in paragraph (d) of this section, the owner 
or operator subject to this subpart shall maintain a record of the 
petroleum liquid stored, the period of storage, and the maximum true 
vapor pressure of that liquid during the respective storage period.
    (b) Available data on the typical Reid vapor pressure and the 
maximum expected storage temperature of the

[[Page 368]]

stored product may be used to determine the maximum true vapor pressure 
from nomographs contained in API Bulletin 2517, unless the Administrator 
specifically requests that the liquid be sampled, the actual storage 
temperature determined, and the Reid vapor pressure determined from the 
sample(s).
    (c) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa (2.0 psia) or whose physical 
properties preclude determination by the recommended method is to be 
determined from available data and recorded if the estimated true vapor 
pressure is greater than 6.9 kPa (1.0 psia).
    (d) The following are exempt from the requirements of this section:
    (1) Each owner or operator of each affected facility which stores 
petroleum liquids with a Reid vapor pressure of less than 6.9 kPa (1.0 
psia) provided the maximum true vapor pressure does not exceed 6.9 kPa 
(1.0 psia).
    (2) Each owner or operator of each affected facility equipped with a 
vapor recovery and return or disposal system in accordance with the 
requirements of Sec. 60.112.

[45 FR 23379, Apr. 4, 1980]



 Subpart Ka_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After May 18, 1978, and Prior to July 23, 1984



Sec. 60.110a  Applicability and designation of affected facility.

    (a) Affected facility. Except as provided in paragraph (b) of this 
section, the affected facility to which this subpart applies is each 
storage vessel with a storage capacity greater than 151,416 liters 
(40,000 gallons) that is used to store petroleum liquids for which 
construction is commenced after May 18, 1978.
    (b) Each petroleum liquid storage vessel with a capacity of less 
than 1,589,873 liters (420,000 gallons) used for petroleum or condensate 
stored, processed, or treated prior to custody transfer is not an 
affected facility and, therefore, is exempt from the requirements of 
this subpart.
    (c) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Sec. Sec. 60.112a through 
60.114a for storage vessels that are subject to this subpart that store 
petroleum liquids that, as stored, have a maximum true vapor pressure 
equal to or greater than 10.3 kPa (1.5 psia). Other provisions applying 
to owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (c)(2) do not apply to owners 
or operators of storage vessels complying with 40 CFR part 65, subpart 
C, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.

[45 FR 23379, Apr. 4, 1980, as amended at 65 FR 78275, Dec. 14, 2000]



Sec. 60.111a  Definitions.

    In addition to the terms and their definitions listed in the Act and 
subpart A of this part the following definitions apply in this subpart:
    (a) Storage vessel means each tank, reservoir, or container used for 
the storage of petroleum liquids, but does not include:
    (1) Pressure vessels which are designed to operate in excess of 
204.9 kPa (15 psig) without emissions to the atmosphere except under 
emergency conditions.
    (2) Subsurface caverns or porous rock reservoirs, or
    (3) Underground tanks if the total volume of petroleum liquids added 
to and taken from a tank annually does not exceed twice the volume of 
the tank.

[[Page 369]]

    (b) Petroleum liquids means petroleum, condensate, and any finished 
or intermediate products manufactured in a petroleum refinery but does 
not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-78, 89, 
90, 92, 96, or 98, gas turbine fuel oils Nos. 2-GT through 4-GT as 
specified in ASTM D2880-78 or 96, gas turbine fuel oils Nos. 2-GT 
through 4-GT as specified in ASTM D2880-78 or 96, or diesel fuel oils 
Nos. 2-D and 4-D as specified in ASTM D975-78, 96, or 98a. (These three 
methods are incorporated by reference--see Sec. 60.17.)
    (c) Petroleum refinery means each facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products through distillation of petroleum or 
through redistillation, cracking, extracting, or reforming of unfinished 
petroleum derivatives.
    (d) Petroleum means the crude oil removed from the earth and the 
oils derived from tar sands, shale, and coal.
    (e) Condensate means hydrocarbon liquid separated from natural gas 
which condenses due to changes in the temperature or pressure, or both, 
and remains liquid at standard conditions.
    (f) True vapor pressure means the equilibrium partial pressure 
exerted by a petroleum liquid such as determined in accordance with 
methods described in American Petroleum Institute Bulletin 2517, 
Evaporation Loss from External Floating-Roof Tanks, Second Edition, 
February 1980 (incorporated by reference--see Sec. 60.17).
    (g) Reid vapor pressure is the absolute vapor pressure of volatile 
crude oil and nonviscous petroleum liquids, except liquified petroleum 
gases, as determined by ASTM D323-82 or 94 (incorporated by reference--
see Sec. 60.17).
    (h) Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the liquid between the tank wall and the 
floating roof continuously around the circumference of the tank.
    (i) Metallic shoe seal includes but is not limited to a metal sheet 
held vertically against the tank wall by springs or weighted levers and 
is connected by braces to the floating roof. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    (j) Vapor-mounted seal means a foam-filled primary seal mounted 
continuously around the circumference of the tank so there is an annular 
vapor space underneath the seal. The annular vapor space is bounded by 
the bottom of the primary seal, the tank wall, the liquid surface, and 
the floating roof.
    (k) Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treating in the producing 
operations, from storage tanks or automatic transfer facilities to 
pipelines or any other forms of transportation.

[45 FR 23379, Apr. 4, 1980, as amended at 48 FR 3737, Jan. 27, 1983; 52 
FR 11429, Apr. 8, 1987; 65 FR 61756, Oct. 17, 2000]



Sec. 60.112a  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of each storage vessel to which this 
subpart applies which contains a petroleum liquid which, as stored, has 
a true vapor pressure equal to or greater than 10.3 kPa (1.5 psia) but 
not greater than 76.6 kPa (11.1 psia) shall equip the storage vessel 
with one of the following:
    (1) An external floating roof, consisting of a pontoon-type or 
double-deck-type cover that rests on the surface of the liquid contents 
and is equipped with a closure device between the tank wall and the roof 
edge. Except as provided in paragraph (a)(1)(ii)(D) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal. The roof is to be floating on the 
liquid at all times (i.e., off the roof leg supports) except during 
initial fill and when the tank is completely emptied and subsequently 
refilled. The process of emptying and refilling when the roof is resting 
on the leg supports shall be continuous and shall be accomplished as 
rapidly as possible.
    (i) The primary seal is to be either a metallic shoe seal, a liquid-
mounted seal, or a vapor-mounted seal. Each seal is to meet the 
following requirements:
    (A) The accumulated area of gaps between the tank wall and the 
metallic shoe seal or the liquid-mounted seal shall not exceed 212 cm\2\ 
per meter of

[[Page 370]]

tank diameter (10.0 in \2\ per ft of tank diameter) and the width of any 
portion of any gap shall not exceed 3.81 cm (1\1/2\ in).
    (B) The accumulated area of gaps between the tank wall and the 
vapor-mounted seal shall not exceed 21.2 cm\2\ per meter of tank 
diameter (1.0 in\2\ per ft of tank diameter) and the width of any 
portion of any gap shall not exceed 1.27 cm (\1/2\ in).
    (C) One end of the metallic shoe is to extend into the stored liquid 
and the other end is to extend a minimum vertical distance of 61 cm (24 
in) above the stored liquid surface.
    (D) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (ii) The secondary seal is to meet the following requirements:
    (A) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (a)(1)(ii)(B) of this section.
    (B) The accumulated area of gaps between the tank wall and the 
secondary seal used in combination with a metallic shoe or liquid-
mounted primary seal shall not exceed 21.2 cm\2\ per meter of tank 
diameter (1.0 in\2\ per ft. of tank diameter) and the width of any 
portion of any gap shall not exceed 1.27 cm (\1/2\ in.). There shall be 
no gaps between the tank wall and the secondary seal used in combination 
with a vapor-mounted primary seal.
    (C) There are to be no holes, tears or other openings in the seal or 
seal fabric.
    (D) The owner or operator is exempted from the requirements for 
secondary seals and the secondary seal gap criteria when performing gap 
measurements or inspections of the primary seal.
    (iii) Each opening in the roof except for automatic bleeder vents 
and rim space vents is to provide a projection below the liquid surface. 
Each opening in the roof except for automatic bleeder vents, rim space 
vents and leg sleeves is to be equipped with a cover, seal or lid which 
is to be maintained in a closed position at all times (i.e., no visible 
gap) except when the device is in actual use or as described in pargraph 
(a)(1)(iv) of this section. Automatic bleeder vents are to be closed at 
all times when the roof is floating, except when the roof is being 
floated off or is being landed on the roof leg supports. Rim vents are 
to be set to open when the roof is being floated off the roof legs 
supports or at the manufacturer's recommended setting.
    (iv) Each emergency roof drain is to be provided with a slotted 
membrane fabric cover that covers at least 90 percent of the area of the 
opening.
    (2) A fixed roof with an internal floating type cover equipped with 
a continuous closure device between the tank wall and the cover edge. 
The cover is to be floating at all times, (i.e., off the leg supports) 
except during initial fill and when the tank is completely emptied and 
subsequently refilled. The process of emptying and refilling when the 
cover is resting on the leg supports shall be continuous and shall be 
accomplished as rapidly as possible. Each opening in the cover except 
for automatic bleeder vents and the rim space vents is to provide a 
projection below the liquid surface. Each opening in the cover except 
for automatic bleeder vents, rim space vents, stub drains and leg 
sleeves is to be equipped with a cover, seal, or lid which is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the cover is floating except when the cover 
is being floated off or is being landed on the leg supports. Rim vents 
are to be set to open only when the cover is being floated off the leg 
supports or at the manufacturer's recommended setting.
    (3) A vapor recovery system which collects all VOC vapors and gases 
discharged from the storage vessel, and a vapor return or disposal 
system which is designed to process such VOC vapors and gases so as to 
reduce their emission to the atmosphere by at least 95 percent by 
weight.
    (4) A system equivalent to those described in paragraphs (a)(1), 
(a)(2), or (a)(3) of this section as provided in Sec. 60.114a.

[[Page 371]]

    (b) The owner or operator of each storage vessel to which this 
subpart applies which contains a petroleum liquid which, as stored, has 
a true vapor pressure greater than 76.6 kPa (11.1 psia), shall equip the 
storage vessel with a vapor recovery system which collects all VOC 
vapors and gases discharged from the storage vessel, and a vapor return 
or disposal system which is designed to process such VOC vapors and 
gases so as to reduce their emission to the atmosphere by at least 95 
percent by weight.

[45 FR 23379, Apr. 4, 1980, as amended at 45 FR 83229, Dec. 18, 1980]



Sec. 60.113a  Testing and procedures.

    (a) Except as provided in Sec. 60.8(b) compliance with the standard 
prescribed in Sec. 60.112a shall be determined as follows or in 
accordance with an equivalent procedure as provided in Sec. 60.114a.
    (1) The owner or operator of each storage vessel to which this 
subpart applies which has an external floating roof shall meet the 
following requirements:
    (i) Determine the gap areas and maximum gap widths between the 
primary seal and the tank wall and between the secondary seal and the 
tank wall according to the following frequency:
    (A) For primary seals, gap measurements shall be performed within 60 
days of the initial fill with petroleum liquid and at least once every 
five years thereafter. All primary seal inspections or gap measurements 
which require the removal or dislodging of the secondary seal shall be 
accomplished as rapidly as possible and the secondary seal shall be 
replaced as soon as possible.
    (B) For secondary seals, gap measurements shall be performed within 
60 days of the initial fill with petroleum liquid and at least once 
every year thereafter.
    (C) If any storage vessel is out of service for a period of one year 
or more, subsequent refilling with petroleum liquid shall be considered 
initial fill for the purposes of paragraphs (a)(1)(i)(A) and 
(a)(1)(i)(B) of this section.
    (D) Keep records of each gap measurement at the plant for a period 
of at least 2 years following the date of measurement. Each record shall 
identify the vessel on which the measurement was performed and shall 
contain the date of the seal gap measurement, the raw data obtained in 
the measurement process required by paragraph (a)(1)(ii) of this section 
and the calculation required by paragraph (a)(1)(iii) of this section.
    (E) If either the seal gap calculated in accord with paragraph 
(a)(1)(iii) of this section or the measured maximum seal gap exceeds the 
limitations specified by Sec. 60.112a of this subpart, a report shall 
be furnished to the Administrator within 60 days of the date of 
measurements. The report shall identify the vessel and list each reason 
why the vessel did not meet the specifications of Sec. 60.112a. The 
report shall also describe the actions necessary to bring the storage 
vessel into compliance with the specifications of Sec. 60.112a.
    (ii) Determine gap widths in the primary and secondary seals 
individually by the following procedures:
    (A) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (B) Measure seal gaps around the entire circumference of the tank in 
each place where a \1/8\ diameter uniform probe passes freely 
(without forcing or binding against seal) between the seal and the tank 
wall and measure the circumferential distance of each such location.
    (C) The total surface area of each gap described in paragraph 
(a)(1)(ii)(B) of this section shall be determined by using probes of 
various widths to accurately measure the actual distance from the tank 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (iii) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually. Divide the sum for each seal 
by the nominal diameter of the tank and compare each ratio to the 
appropriate ratio in the standard in Sec. 60.112a(a)(1)(i) and Sec. 
60.112a(a)(1)(ii).
    (iv) Provide the Administrator 30 days prior notice of the gap 
measurement to afford the Administrator the

[[Page 372]]

opportunity to have an observer present.
    (2) The owner or operator of each storage vessel to which this 
subpart applies which has a vapor recovery and return or disposal system 
shall provide the following information to the Administrator on or 
before the date on which construction of the storage vessel commences:
    (i) Emission data, if available, for a similar vapor recovery and 
return or disposal system used on the same type of storage vessel, which 
can be used to determine the efficiency of the system. A complete 
description of the emission measurement method used must be included.
    (ii) The manufacturer's design specifications and estimated emission 
reduction capability of the system.
    (iii) The operation and maintenance plan for the system.
    (iv) Any other information which will be useful to the Administrator 
in evaluating the effectiveness of the system in reducing VOC emissions.

[45 FR 23379, Apr. 4, 1980, as amended at 52 FR 11429, Apr. 8, 1987]



Sec. 60.114a  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions at least 
equivalent to the reduction in emissions achieved by any requirement in 
Sec. 60.112a, the Administrator will publish in the Federal Register a 
notice permitting the use of the alternative means for purposes of 
compliance with that requirement.
    (b) Any notice under paragraph (a) of this section will be published 
only after notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall submit to 
the Administrator a written application including:
    (1) An actual emissions test that uses a full-sized or scale-model 
storage vessel that accurately collects and measures all VOC emissions 
from a given control device and that accurately simulates wind and 
accounts for other emission variables such as temperature and barometric 
pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (d) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same emissions reduction as specified in Sec. 60.112a.
    (e) The primary vapor-mounted seal in the ``Volume-Maximizing Seal'' 
manufactured by R.F.I. Services Corporation is approved as equivalent to 
the vapor-mounted seal required by Sec. 60.112a(a)(1)(i) and must meet 
the gap criteria specified in Sec. 60.112a(a)(1)(i)(B). There shall be 
no gaps between the tank wall and any secondary seal used in conjunction 
with the primary seal in the ``Volume-Maximizing Seal''.

[52 FR 11429, Apr. 8, 1987]



Sec. 60.115a  Monitoring of operations.

    (a) Except as provided in paragraph (d) of this section, the owner 
or operator subject to this subpart shall maintain a record of the 
petroleum liquid stored, the period of storage, and the maximum true 
vapor pressure of that liquid during the respective storage period.
    (b) Available data on the typical Reid vapor pressure and the 
maximum expected storage temperature of the stored product may be used 
to determine the maximum true vapor pressure from nomographs contained 
in API Bulletin 2517, unless the Administrator specifically requests 
that the liquid be sampled, the actual storage temperature determined, 
and the Reid vapor pressure determined from the sample(s).
    (c) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa (2.0 psia) or whose physical 
properties preclude determination by the recommended method is to be 
determined from available data and recorded if the estimated true vapor 
pressure is greater than 6.9 kPa (1.0 psia).
    (d) The following are exempt from the requirements of this section:
    (1) Each owner or operator of each storage vessel storing a 
petroleum liquid with a Reid vapor pressure of less than 6.9 kPa (1.0 
psia) provided the

[[Page 373]]

maximum true vapor pressure does not exceed 6.9 kPa (1.0 psia).
    (2) The owner or operator of each storage vessel equipped with a 
vapor recovery and return or disposal system in accordance with the 
requirements of Sec. 60.112a(a)(3) and (b), or a closed vent system and 
control device meeting the specifications of 40 CFR 65.42(b)(4), (b)(5), 
or (c).

[45 FR 23379, Apr. 4, 1980, as amended at 65 FR 78275, Dec. 14, 2000]



Subpart Kb_Standards of Performance for Volatile Organic Liquid Storage 
     Vessels (Including Petroleum Liquid Storage Vessels) for Which 
 Construction, Reconstruction, or Modification Commenced After July 23, 
                                  1984

    Source: 52 FR 11429, Apr. 8, 1987, unless otherwise noted.



Sec. 60.110b  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which this subpart applies is each storage vessel 
with a capacity greater than or equal to 75 cubic meters (m\3\) that is 
used to store volatile organic liquids (VOL) for which construction, 
reconstruction, or modification is commenced after July 23, 1984.
    (b) This subpart does not apply to storage vessels with a capacity 
greater than or equal to 151 m\3\ storing a liquid with a maximum true 
vapor pressure less than 3.5 kilopascals (kPa) or with a capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a liquid 
with a maximum true vapor pressure less than 15.0 kPa.
    (c) [Reserved]
    (d) This subpart does not apply to the following:
    (1) Vessels at coke oven by-product plants.
    (2) Pressure vessels designed to operate in excess of 204.9 kPa and 
without emissions to the atmosphere.
    (3) Vessels permanently attached to mobile vehicles such as trucks, 
railcars, barges, or ships.
    (4) Vessels with a design capacity less than or equal to 1,589.874 
m\3\ used for petroleum or condensate stored, processed, or treated 
prior to custody transfer.
    (5) Vessels located at bulk gasoline plants.
    (6) Storage vessels located at gasoline service stations.
    (7) Vessels used to store beverage alcohol.
    (8) Vessels subject to subpart GGGG of 40 CFR part 63.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Sec. Sec. 60.112b through 
60.117b for storage vessels that are subject to this subpart that meet 
the specifications in paragraphs (e)(1)(i) and (ii) of this section. 
When choosing to comply with 40 CFR part 65, subpart C, the monitoring 
requirements of Sec. 60.116b(c), (e), (f)(1), and (g) still apply. 
Other provisions applying to owners or operators who choose to comply 
with 40 CFR part 65 are provided in 40 CFR 65.1.
    (i) A storage vessel with a design capacity greater than or equal to 
151 m\3\ containing a VOL that, as stored, has a maximum true vapor 
pressure equal to or greater than 5.2 kPa; or
    (ii) A storage vessel with a design capacity greater than 75 m\3\ 
but less than 151 m\3\ containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 27.6 kPa.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (e)(2) do not apply to owners 
or operators of storage vessels complying with 40 CFR part 65, subpart 
C, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.
    (3) Internal floating roof report. If an owner or operator installs 
an internal floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished

[[Page 374]]

to the Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.43. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).
    (4) External floating roof report. If an owner or operator installs 
an external floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.44. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 
FR 78275, Dec. 14, 2000; 68 FR 59332, Oct. 15, 2003]



Sec. 60.111b  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this subpart as follows:
    Bulk gasoline plant means any gasoline distribution facility that 
has a gasoline throughput less than or equal to 75,700 liters per day. 
Gasoline throughput shall be the maximum calculated design throughput as 
may be limited by compliance with an enforceable condition under Federal 
requirement or Federal, State or local law, and discoverable by the 
Administrator and any other person.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature or pressure, or both, and 
remains liquid at standard conditions.
    Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treatment in the producing 
operations, from storage vessels or automatic transfer facilities to 
pipelines or any other forms of transportation.
    Fill means the introduction of VOL into a storage vessel but not 
necessarily to complete capacity.
    Gasoline service station means any site where gasoline is dispensed 
to motor vehicle fuel tanks from stationary storage tanks.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the volatile organic compounds (as defined in 40 CFR 51.100) 
in the stored VOL at the temperature equal to the highest calendar-month 
average of the VOL storage temperature for VOL's stored above or below 
the ambient temperature or at the local maximum monthly average 
temperature as reported by the National Weather Service for VOL's stored 
at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
institute Bulletin 2517, Evaporation Loss From External Floating Roof 
Tanks, (incorporated by reference--see Sec. 60.17); or
    (2) As obtained from standard reference texts; or
    (3) As determined by ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec. 60.17);
    (4) Any other method approved by the Administrator.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum liquids means petroleum, condensate, and any finished or 
intermediate products manufactured in a petroleum refinery.
    Process tank means a tank that is used within a process (including a 
solvent or raw material recovery process) to collect material discharged 
from a feedstock storage vessel or equipment within the process before 
the material is transferred to other equipment within the process, to a 
product or by-product storage vessel, or to a vessel used to store 
recovered solvent or raw material. In many process tanks, unit 
operations such as reactions and blending are conducted. Other process 
tanks, such as surge control vessels and bottoms receivers, however, may 
not involve unit operations.
    Reid vapor pressure means the absolute vapor pressure of volatile 
crude oil and volatile nonviscous petroleum liquids except liquified 
petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by 
reference--see Sec. 60.17).
    Storage vessel means each tank, reservoir, or container used for the 
storage of volatile organic liquids but does not include:
    (1) Frames, housing, auxiliary supports, or other components that 
are not directly involved in the containment of liquids or vapors;

[[Page 375]]

    (2) Subsurface caverns or porous rock reservoirs; or
    (3) Process tanks.
    Volatile organic liquid (VOL) means any organic liquid which can 
emit volatile organic compounds (as defined in 40 CFR 51.100) into the 
atmosphere.
    Waste means any liquid resulting from industrial, commercial, mining 
or agricultural operations, or from community activities that is 
discarded or is being accumulated, stored, or physically, chemically, or 
biologically treated prior to being discarded or recycled.

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 
FR 61756, Oct. 17, 2000; 68 FR 59333, Oct. 15, 2003]



Sec. 60.112b  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of each storage vessel either with a 
design capacity greater than or equal to 151 m\3\ containing a VOL that, 
as stored, has a maximum true vapor pressure equal to or greater than 
5.2 kPa but less than 76.6 kPa or with a design capacity greater than or 
equal to 75 m\3\ but less than 151 m\3\ containing a VOL that, as 
stored, has a maximum true vapor pressure equal to or greater than 27.6 
kPa but less than 76.6 kPa, shall equip each storage vessel with one of 
the following:
    (1) A fixed roof in combination with an internal floating roof 
meeting the following specifications:
    (i) The internal floating roof shall rest or float on the liquid 
surface (but not necessarily in complete contact with it) inside a 
storage vessel that has a fixed roof. The internal floating roof shall 
be floating on the liquid surface at all times, except during initial 
fill and during those intervals when the storage vessel is completely 
emptied or subsequently emptied and refilled. When the roof is resting 
on the leg supports, the process of filling, emptying, or refilling 
shall be continuous and shall be accomplished as rapidly as possible.
    (ii) Each internal floating roof shall be equipped with one of the 
following closure devices between the wall of the storage vessel and the 
edge of the internal floating roof:
    (A) A foam- or liquid-filled seal mounted in contact with the liquid 
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the 
storage vessel and the floating roof continuously around the 
circumference of the tank.
    (B) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor-mounted, but both must be continuous.
    (C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet 
held vertically against the wall of the storage vessel by springs or 
weighted levers and is connected by braces to the floating roof. A 
flexible coated fabric (envelope) spans the annular space between the 
metal sheet and the floating roof.
    (iii) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (iv) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains is to be equipped with a cover or 
lid which is to be maintained in a closed position at all times (i.e., 
no visible gap) except when the device is in actual use. The cover or 
lid shall be equipped with a gasket. Covers on each access hatch and 
automatic gauge float well shall be bolted except when they are in use.
    (v) Automatic bleeder vents shall be equipped with a gasket and are 
to be closed at all times when the roof is floating except when the roof 
is being floated off or is being landed on the roof leg supports.
    (vi) Rim space vents shall be equipped with a gasket and are to be 
set to open only when the internal floating roof is not floating or at 
the manufacturer's recommended setting.
    (vii) Each penetration of the internal floating roof for the purpose 
of sampling shall be a sample well. The sample well shall have a slit 
fabric cover

[[Page 376]]

that covers at least 90 percent of the opening.
    (viii) Each penetration of the internal floating roof that allows 
for passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (ix) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (2) An external floating roof. An external floating roof means a 
pontoon-type or double-deck type cover that rests on the liquid surface 
in a vessel with no fixed roof. Each external floating roof must meet 
the following specifications:
    (i) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. The 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be either a mechanical shoe seal or a 
liquid-mounted seal. Except as provided in Sec. 60.113b(b)(4), the seal 
shall completely cover the annular space between the edge of the 
floating roof and tank wall.
    (B) The secondary seal shall completely cover the annular space 
between the external floating roof and the wall of the storage vessel in 
a continuous fashion except as allowed in Sec. 60.113b(b)(4).
    (ii) Except for automatic bleeder vents and rim space vents, each 
opening in a noncontact external floating roof shall provide a 
projection below the liquid surface. Except for automatic bleeder vents, 
rim space vents, roof drains, and leg sleeves, each opening in the roof 
is to be equipped with a gasketed cover, seal, or lid that is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the roof is floating except when the roof is 
being floated off or is being landed on the roof leg supports. Rim vents 
are to be set to open when the roof is being floated off the roof legs 
supports or at the manufacturer's recommended setting. Automatic bleeder 
vents and rim space vents are to be gasketed. Each emergency roof drain 
is to be provided with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (iii) The roof shall be floating on the liquid at all times (i.e., 
off the roof leg supports) except during initial fill until the roof is 
lifted off leg supports and when the tank is completely emptied and 
subsequently refilled. The process of filling, emptying, or refilling 
when the roof is resting on the leg supports shall be continuous and 
shall be accomplished as rapidly as possible.
    (3) A closed vent system and control device meeting the following 
specifications:
    (i) The closed vent system shall be designed to collect all VOC 
vapors and gases discharged from the storage vessel and operated with no 
detectable emissions as indicated by an instrument reading of less than 
500 ppm above background and visual inspections, as determined in part 
60, subpart VV, Sec. 60.485(b).
    (ii) The control device shall be designed and operated to reduce 
inlet VOC emissions by 95 percent or greater. If a flare is used as the 
control device, it shall meet the specifications described in the 
general control device requirements (Sec. 60.18) of the General 
Provisions.
    (4) A system equivalent to those described in paragraphs (a)(1), 
(a)(2), or (a)(3) of this section as provided in Sec. 60.114b of this 
subpart.
    (b) The owner or operator of each storage vessel with a design 
capacity greater than or equal to 75 m\3\ which contains a VOL that, as 
stored, has a maximum true vapor pressure greater than or equal to 76.6 
kPa shall equip each storage vessel with one of the following:
    (1) A closed vent system and control device as specified in Sec. 
60.112b(a)(3).
    (2) A system equivalent to that described in paragraph (b)(1) as 
provided in Sec. 60.114b of this subpart.
    (c) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. This paragraph applies only to the pharmaceutical 
manufacturing facility, commonly referred to as the Stonewall Plant, 
located at Route 340 South, in Elkton, Virginia (``site'').

[[Page 377]]

    (1) For any storage vessel that otherwise would be subject to the 
control technology requirements of paragraphs (a) or (b) of this 
section, the site shall have the option of either complying directly 
with the requirements of this subpart, or reducing the site-wide total 
criteria pollutant emissions cap (total emissions cap) in accordance 
with the procedures set forth in a permit issued pursuant to 40 CFR 
52.2454. If the site chooses the option of reducing the total emissions 
cap in accordance with the procedures set forth in such permit, the 
requirements of such permit shall apply in lieu of the otherwise 
applicable requirements of this subpart for such storage vessel.
    (2) For any storage vessel at the site not subject to the 
requirements of 40 CFR 60.112b (a) or (b), the requirements of 40 CFR 
60.116b (b) and (c) and the General Provisions (subpart A of this part) 
shall not apply.

[52 FR 11429, Apr. 8, 1987, as amended at 62 FR 52641, Oct. 8, 1997]



Sec. 60.113b  Testing and procedures.

    The owner or operator of each storage vessel as specified in Sec. 
60.112b(a) shall meet the requirements of paragraph (a), (b), or (c) of 
this section. The applicable paragraph for a particular storage vessel 
depends on the control equipment installed to meet the requirements of 
Sec. 60.112b.
    (a) After installing the control equipment required to meet Sec. 
60.112b(a)(1) (permanently affixed roof and internal floating roof), 
each owner or operator shall:
    (1) Visually inspect the internal floating roof, the primary seal, 
and the secondary seal (if one is in service), prior to filling the 
storage vessel with VOL. If there are holes, tears, or other openings in 
the primary seal, the secondary seal, or the seal fabric or defects in 
the internal floating roof, or both, the owner or operator shall repair 
the items before filling the storage vessel.
    (2) For Vessels equipped with a liquid-mounted or mechanical shoe 
primary seal, visually inspect the internal floating roof and the 
primary seal or the secondary seal (if one is in service) through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill. If the internal floating roof is not resting 
on the surface of the VOL inside the storage vessel, or there is liquid 
accumulated on the roof, or the seal is detached, or there are holes or 
tears in the seal fabric, the owner or operator shall repair the items 
or empty and remove the storage vessel from service within 45 days. If a 
failure that is detected during inspections required in this paragraph 
cannot be repaired within 45 days and if the vessel cannot be emptied 
within 45 days, a 30-day extension may be requested from the 
Administrator in the inspection report required in Sec. 60.115b(a)(3). 
Such a request for an extension must document that alternate storage 
capacity is unavailable and specify a schedule of actions the company 
will take that will assure that the control equipment will be repaired 
or the vessel will be emptied as soon as possible.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 60.112b(a)(1)(ii)(B):
    (i) Visually inspect the vessel as specified in paragraph (a)(4) of 
this section at least every 5 years; or
    (ii) Visually inspect the vessel as specified in paragraph (a)(2) of 
this section.
    (4) Visually inspect the internal floating roof, the primary seal, 
the secondary seal (if one is in service), gaskets, slotted membranes 
and sleeve seals (if any) each time the storage vessel is emptied and 
degassed. If the internal floating roof has defects, the primary seal 
has holes, tears, or other openings in the seal or the seal fabric, or 
the secondary seal has holes, tears, or other openings in the seal or 
the seal fabric, or the gaskets no longer close off the liquid surfaces 
from the atmosphere, or the slotted membrane has more than 10 percent 
open area, the owner or operator shall repair the items as necessary so 
that none of the conditions specified in this paragraph exist before 
refilling the storage vessel with VOL. In no event shall inspections 
conducted in accordance with this provision occur at intervals greater 
than 10 years in the case of vessels conducting the annual visual 
inspection as specified in paragraphs (a)(2) and (a)(3)(ii) of this 
section and at intervals

[[Page 378]]

no greater than 5 years in the case of vessels specified in paragraph 
(a)(3)(i) of this section.
    (5) Notify the Administrator in writing at least 30 days prior to 
the filling or refilling of each storage vessel for which an inspection 
is required by paragraphs (a)(1) and (a)(4) of this section to afford 
the Administrator the opportunity to have an observer present. If the 
inspection required by paragraph (a)(4) of this section is not planned 
and the owner or operator could not have known about the inspection 30 
days in advance or refilling the tank, the owner or operator shall 
notify the Administrator at least 7 days prior to the refilling of the 
storage vessel. Notification shall be made by telephone immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, this notification including the written 
documentation may be made in writing and sent by express mail so that it 
is received by the Administrator at least 7 days prior to the refilling.
    (b) After installing the control equipment required to meet Sec. 
60.112b(a)(2) (external floating roof), the owner or operator shall:
    (1) Determine the gap areas and maximum gap widths, between the 
primary seal and the wall of the storage vessel and between the 
secondary seal and the wall of the storage vessel according to the 
following frequency.
    (i) Measurements of gaps between the tank wall and the primary seal 
(seal gaps) shall be performed during the hydrostatic testing of the 
vessel or within 60 days of the initial fill with VOL and at least once 
every 5 years thereafter.
    (ii) Measurements of gaps between the tank wall and the secondary 
seal shall be performed within 60 days of the initial fill with VOL and 
at least once per year thereafter.
    (iii) If any source ceases to store VOL for a period of 1 year or 
more, subsequent introduction of VOL into the vessel shall be considered 
an initial fill for the purposes of paragraphs (b)(1)(i) and (b)(1)(ii) 
of this section.
    (2) Determine gap widths and areas in the primary and secondary 
seals individually by the following procedures:
    (i) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (ii) Measure seal gaps around the entire circumference of the tank 
in each place where a 0.32-cm diameter uniform probe passes freely 
(without forcing or binding against seal) between the seal and the wall 
of the storage vessel and measure the circumferential distance of each 
such location.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the tank 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (3) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually and divide the sum for each 
seal by the nominal diameter of the tank and compare each ratio to the 
respective standards in paragraph (b)(4) of this section.
    (4) Make necessary repairs or empty the storage vessel within 45 
days of identification in any inspection for seals not meeting the 
requirements listed in (b)(4) (i) and (ii) of this section:
    (i) The accumulated area of gaps between the tank wall and the 
mechanical shoe or liquid-mounted primary seal shall not exceed 212 
Cm\2\ per meter of tank diameter, and the width of any portion of any 
gap shall not exceed 3.81 cm.
    (A) One end of the mechanical shoe is to extend into the stored 
liquid, and the other end is to extend a minimum vertical distance of 61 
cm above the stored liquid surface.
    (B) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (ii) The secondary seal is to meet the following requirements:
    (A) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (b)(2)(iii) of this section.
    (B) The accumulated area of gaps between the tank wall and the 
secondary seal shall not exceed 21.2 cm\2\ per meter

[[Page 379]]

of tank diameter, and the width of any portion of any gap shall not 
exceed 1.27 cm.
    (C) There are to be no holes, tears, or other openings in the seal 
or seal fabric.
    (iii) If a failure that is detected during inspections required in 
paragraph (b)(1) of Sec. 60.113b(b) cannot be repaired within 45 days 
and if the vessel cannot be emptied within 45 days, a 30-day extension 
may be requested from the Administrator in the inspection report 
required in Sec. 60.115b(b)(4). Such extension request must include a 
demonstration of unavailability of alternate storage capacity and a 
specification of a schedule that will assure that the control equipment 
will be repaired or the vessel will be emptied as soon as possible.
    (5) Notify the Administrator 30 days in advance of any gap 
measurements required by paragraph (b)(1) of this section to afford the 
Administrator the opportunity to have an observer present.
    (6) Visually inspect the external floating roof, the primary seal, 
secondary seal, and fittings each time the vessel is emptied and 
degassed.
    (i) If the external floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, the owner or operator shall repair the items as necessary 
so that none of the conditions specified in this paragraph exist before 
filling or refilling the storage vessel with VOL.
    (ii) For all the inspections required by paragraph (b)(6) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 days prior to the filling or refilling of each storage 
vessel to afford the Administrator the opportunity to inspect the 
storage vessel prior to refilling. If the inspection required by 
paragraph (b)(6) of this section is not planned and the owner or 
operator could not have known about the inspection 30 days in advance of 
refilling the tank, the owner or operator shall notify the Administrator 
at least 7 days prior to the refilling of the storage vessel. 
Notification shall be made by telephone immediately followed by written 
documentation demonstrating why the inspection was unplanned. 
Alternatively, this notification including the written documentation may 
be made in writing and sent by express mail so that it is received by 
the Administrator at least 7 days prior to the refilling.
    (c) The owner or operator of each source that is equipped with a 
closed vent system and control device as required in Sec. 60.112b 
(a)(3) or (b)(2) (other than a flare) is exempt from Sec. 60.8 of the 
General Provisions and shall meet the following requirements.
    (1) Submit for approval by the Administrator as an attachment to the 
notification required by Sec. 60.7(a)(1) or, if the facility is exempt 
from Sec. 60.7(a)(1), as an attachment to the notification required by 
Sec. 60.7(a)(2), an operating plan containing the information listed 
below.
    (i) Documentation demonstrating that the control device will achieve 
the required control efficiency during maximum loading conditions. This 
documentation is to include a description of the gas stream which enters 
the control device, including flow and VOC content under varying liquid 
level conditions (dynamic and static) and manufacturer's design 
specifications for the control device. If the control device or the 
closed vent capture system receives vapors, gases, or liquids other than 
fuels from sources that are not designated sources under this subpart, 
the efficiency demonstration is to include consideration of all vapors, 
gases, and liquids received by the closed vent capture system and 
control device. If an enclosed combustion device with a minimum 
residence time of 0.75 seconds and a minimum temperature of 816 [deg]C 
is used to meet the 95 percent requirement, documentation that those 
conditions will exist is sufficient to meet the requirements of this 
paragraph.
    (ii) A description of the parameter or parameters to be monitored to 
ensure that the control device will be operated in conformance with its 
design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) Operate the closed vent system and control device and monitor 
the parameters of the closed vent system and

[[Page 380]]

control device in accordance with the operating plan submitted to the 
Administrator in accordance with paragraph (c)(1) of this section, 
unless the plan was modified by the Administrator during the review 
process. In this case, the modified plan applies.
    (d) The owner or operator of each source that is equipped with a 
closed vent system and a flare to meet the requirements in Sec. 60.112b 
(a)(3) or (b)(2) shall meet the requirements as specified in the general 
control device requirements, Sec. 60.18 (e) and (f).

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989]



Sec. 60.114b  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions at least 
equivalent to the reduction in emissions achieved by any requirement in 
Sec. 60.112b, the Administrator will publish in the Federal Register a 
notice permitting the use of the alternative means for purposes of 
compliance with that requirement.
    (b) Any notice under paragraph (a) of this section will be published 
only after notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall submit to 
the Administrator a written application including:
    (1) An actual emissions test that uses a full-sized or scale-model 
storage vessel that accurately collects and measures all VOC emissions 
from a given control device and that accurately simulates wind and 
accounts for other emission variables such as temperature and barometric 
pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (d) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same emissions reduction as specified in Sec. 60.112b.



Sec. 60.115b  Reporting and recordkeeping requirements.

    The owner or operator of each storage vessel as specified in Sec. 
60.112b(a) shall keep records and furnish reports as required by 
paragraphs (a), (b), or (c) of this section depending upon the control 
equipment installed to meet the requirements of Sec. 60.112b. The owner 
or operator shall keep copies of all reports and records required by 
this section, except for the record required by (c)(1), for at least 2 
years. The record required by (c)(1) will be kept for the life of the 
control equipment.
    (a) After installing control equipment in accordance with Sec. 
60.112b(a)(1) (fixed roof and internal floating roof), the owner or 
operator shall meet the following requirements.
    (1) Furnish the Administrator with a report that describes the 
control equipment and certifies that the control equipment meets the 
specifications of Sec. 60.112b(a)(1) and Sec. 60.113b(a)(1). This 
report shall be an attachment to the notification required by Sec. 
60.7(a)(3).
    (2) Keep a record of each inspection performed as required by Sec. 
60.113b (a)(1), (a)(2), (a)(3), and (a)(4). Each record shall identify 
the storage vessel on which the inspection was performed and shall 
contain the date the vessel was inspected and the observed condition of 
each component of the control equipment (seals, internal floating roof, 
and fittings).
    (3) If any of the conditions described in Sec. 60.113b(a)(2) are 
detected during the annual visual inspection required by Sec. 
60.113b(a)(2), a report shall be furnished to the Administrator within 
30 days of the inspection. Each report shall identify the storage 
vessel, the nature of the defects, and the date the storage vessel was 
emptied or the nature of and date the repair was made.
    (4) After each inspection required by Sec. 60.113b(a)(3) that finds 
holes or tears in the seal or seal fabric, or defects in the internal 
floating roof, or other control equipment defects listed in Sec. 
60.113b(a)(3)(ii), a report shall be furnished to the Administrator 
within 30 days of the inspection. The report shall identify the storage 
vessel and the reason it did not meet the specifications of Sec. 
61.112b(a)(1) or Sec. 60.113b(a)(3) and list each repair made.

[[Page 381]]

    (b) After installing control equipment in accordance with Sec. 
61.112b(a)(2) (external floating roof), the owner or operator shall meet 
the following requirements.
    (1) Furnish the Administrator with a report that describes the 
control equipment and certifies that the control equipment meets the 
specifications of Sec. 60.112b(a)(2) and Sec. 60.113b(b)(2), (b)(3), 
and (b)(4). This report shall be an attachment to the notification 
required by Sec. 60.7(a)(3).
    (2) Within 60 days of performing the seal gap measurements required 
by Sec. 60.113b(b)(1), furnish the Administrator with a report that 
contains:
    (i) The date of measurement.
    (ii) The raw data obtained in the measurement.
    (iii) The calculations described in Sec. 60.113b (b)(2) and (b)(3).
    (3) Keep a record of each gap measurement performed as required by 
Sec. 60.113b(b). Each record shall identify the storage vessel in which 
the measurement was performed and shall contain:
    (i) The date of measurement.
    (ii) The raw data obtained in the measurement.
    (iii) The calculations described in Sec. 60.113b (b)(2) and (b)(3).
    (4) After each seal gap measurement that detects gaps exceeding the 
limitations specified by Sec. 60.113b(b)(4), submit a report to the 
Administrator within 30 days of the inspection. The report will identify 
the vessel and contain the information specified in paragraph (b)(2) of 
this section and the date the vessel was emptied or the repairs made and 
date of repair.
    (c) After installing control equipment in accordance with Sec. 
60.112b (a)(3) or (b)(1) (closed vent system and control device other 
than a flare), the owner or operator shall keep the following records.
    (1) A copy of the operating plan.
    (2) A record of the measured values of the parameters monitored in 
accordance with Sec. 60.113b(c)(2).
    (d) After installing a closed vent system and flare to comply with 
Sec. 60.112b, the owner or operator shall meet the following 
requirements.
    (1) A report containing the measurements required by Sec. 60.18(f) 
(1), (2), (3), (4), (5), and (6) shall be furnished to the Administrator 
as required by Sec. 60.8 of the General Provisions. This report shall 
be submitted within 6 months of the initial start-up date.
    (2) Records shall be kept of all periods of operation during which 
the flare pilot flame is absent.
    (3) Semiannual reports of all periods recorded under Sec. 
60.115b(d)(2) in which the pilot flame was absent shall be furnished to 
the Administrator.



Sec. 60.116b  Monitoring of operations.

    (a) The owner or operator shall keep copies of all records required 
by this section, except for the record required by paragraph (b) of this 
section, for at least 2 years. The record required by paragraph (b) of 
this section will be kept for the life of the source.
    (b) The owner or operator of each storage vessel as specified in 
Sec. 60.110b(a) shall keep readily accessible records showing the 
dimension of the storage vessel and an analysis showing the capacity of 
the storage vessel.
    (c) Except as provided in paragraphs (f) and (g) of this section, 
the owner or operator of each storage vessel either with a design 
capacity greater than or equal to 151 m\3\ storing a liquid with a 
maximum true vapor pressure greater than or equal to 3.5 kPa or with a 
design capacity greater than or equal to 75 m\3\ but less than 151 m\3\ 
storing a liquid with a maximum true vapor pressure greater than or 
equal to 15.0 kPa shall maintain a record of the VOL stored, the period 
of storage, and the maximum true vapor pressure of that VOL during the 
respective storage period.
    (d) Except as provided in paragraph (g) of this section, the owner 
or operator of each storage vessel either with a design capacity greater 
than or equal to 151 m\3\ storing a liquid with a maximum true vapor 
pressure that is normally less than 5.2 kPa or with a design capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a liquid 
with a maximum true vapor pressure that is normally less than 27.6 kPa 
shall notify the Administrator within 30 days when the maximum true 
vapor pressure of the liquid exceeds the respective maximum true vapor 
vapor pressure values for each volume range.

[[Page 382]]

    (e) Available data on the storage temperature may be used to 
determine the maximum true vapor pressure as determined below.
    (1) For vessels operated above or below ambient temperatures, the 
maximum true vapor pressure is calculated based upon the highest 
expected calendar-month average of the storage temperature. For vessels 
operated at ambient temperatures, the maximum true vapor pressure is 
calculated based upon the maximum local monthly average ambient 
temperature as reported by the National Weather Service.
    (2) For crude oil or refined petroleum products the vapor pressure 
may be obtained by the following:
    (i) Available data on the Reid vapor pressure and the maximum 
expected storage temperature based on the highest expected calendar-
month average temperature of the stored product may be used to determine 
the maximum true vapor pressure from nomographs contained in API 
Bulletin 2517 (incorporated by reference--see Sec. 60.17), unless the 
Administrator specifically requests that the liquid be sampled, the 
actual storage temperature determined, and the Reid vapor pressure 
determined from the sample(s).
    (ii) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa or with physical properties that 
preclude determination by the recommended method is to be determined 
from available data and recorded if the estimated maximum true vapor 
pressure is greater than 3.5 kPa.
    (3) For other liquids, the vapor pressure:
    (i) May be obtained from standard reference texts, or
    (ii) Determined by ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec. 60.17); or
    (iii) Measured by an appropriate method approved by the 
Administrator; or
    (iv) Calculated by an appropriate method approved by the 
Administrator.
    (f) The owner or operator of each vessel storing a waste mixture of 
indeterminate or variable composition shall be subject to the following 
requirements.
    (1) Prior to the initial filling of the vessel, the highest maximum 
true vapor pressure for the range of anticipated liquid compositions to 
be stored will be determined using the methods described in paragraph 
(e) of this section.
    (2) For vessels in which the vapor pressure of the anticipated 
liquid composition is above the cutoff for monitoring but below the 
cutoff for controls as defined in Sec. 60.112b(a), an initial physical 
test of the vapor pressure is required; and a physical test at least 
once every 6 months thereafter is required as determined by the 
following methods:
    (i) ASTM D2879-83, 96, or 97 (incorporated by reference--see Sec. 
60.17); or
    (ii) ASTM D323-82 or 94 (incorporated by reference--see Sec. 
60.17); or
    (iii) As measured by an appropriate method as approved by the 
Administrator.
    (g) The owner or operator of each vessel equipped with a closed vent 
system and control device meeting the specification of Sec. 60.112b or 
with emissions reductions equipment as specified in 40 CFR 65.42(b)(4), 
(b)(5), (b)(6), or (c) is exempt from the requirements of paragraphs (c) 
and (d) of this section.

[52 FR 11429, Apr. 8, 1987, as amended at 65 FR 61756, Oct. 17, 2000; 65 
FR 78276, Dec. 14, 2000; 68 FR 59333, Oct. 15, 2003]



Sec. 60.117b  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. Sec. 
60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 
60.116b(f)(2)(iii).

[52 FR 11429, Apr. 8, 1987, as amended at 52 FR 22780, June 16, 1987]

[[Page 383]]



     Subpart L_Standards of Performance for Secondary Lead Smelters



Sec. 60.120  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in secondary lead smelters: Pot furnaces of more 
than 250 kg (550 lb) charging capacity, blast (cupola) furnaces, and 
reverberatory furnaces.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec. 60.121  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Reverberatory furnace includes the following types of 
reverberatory furnaces: stationary, rotating, rocking, and tilting.
    (b) Secondary lead smelter means any facility producing lead from a 
leadbearing scrap material by smelting to the metallic form.
    (c) Lead means elemental lead or alloys in which the predominant 
component is lead.
    (d) Blast furnace means any furnace used to recover metal from slag.

[39 FR 9317, Mar. 8, 1974; 39 FR 13776, Apr. 17, 1974, as amended at 65 
FR 61756, Oct. 17, 2000]



Sec. 60.122  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from a blast (cupola) or reverberatory furnace any 
gases which:
    (1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf).
    (2) Exhibit 20 percent opacity or greater.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from any pot furnace any gases which exhibit 10 
percent opacity or greater.

[39 FR 9317, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec. 60.123  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.122 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration during representative periods of furnace operation, 
including charging and tapping. The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.90 dscm (31.8 dscf).
    (2) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6667, Feb. 14, 1989]



   Subpart M_Standards of Performance for Secondary Brass and Bronze 
                            Production Plants



Sec. 60.130  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in secondary brass or bronze production plants: 
Reverberatory and electric furnaces of 1,000 kg (2205 lb) or greater 
production capacity and blast (cupola) furnaces of 250 kg/h (550 lb/h) 
or greater production capacity. Furnaces from which molten brass or 
bronze are cast into the shape of finished products, such as foundry 
furnaces, are not considered to be affected facilities.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977, as amended at 49 FR 43618, Oct. 30, 1984]

[[Page 384]]



Sec. 60.131  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Brass or bronze means any metal alloy containing copper as its 
predominant constituent, and lesser amounts of zinc, tin, lead, or other 
metals.
    (b) Reverberatory furnace includes the following types of 
reverberatory furnaces: Stationary, rotating, rocking, and tilting.
    (c) Electric furnace means any furnace which uses electricity to 
produce over 50 percent of the heat required in the production of 
refined brass or bronze.
    (d) Blast furnace means any furnace used to recover metal from slag.

[39 FR 9318, Mar. 8, 1974]



Sec. 60.132  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from a reverberatory furnace any gases which:
    (1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf).
    (2) Exhibit 20 percent opacity or greater.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from any blast (cupola) or electric furnace any 
gases which exhibit 10 percent opacity or greater.

[39 FR 9318, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec. 60.133  Test methods and procedures.

    (a) In conducting performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.132 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration during representative periods of charging and refining, 
but not during pouring of part of the production cycle. The sampling 
time and sample volume for each run shall be at least 120 minutes and 
1.80 dscm (63.6 dscf).
    (2) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6667, Feb. 14, 1989, as amended at 65 FR 61756, Oct. 17, 2000]



  Subpart N_Standards of Performance for Primary Emissions from Basic 
 Oxygen Process Furnaces for Which Construction is Commenced After June 
                                11, 1973



Sec. 60.140  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each basic oxygen process furnace.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec. 60.141  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Basic oxygen process furnace (BOPF) means any furnace with a 
refractory lining in which molten steel is produced by charging scrap 
metal, molten iron, and flux materials or alloy additions into a vessel 
and introducing a high volume of oxygen-rich gas. Open hearth, blast, 
and reverberatory furnaces are not included in this definition.
    (b) Primary emissions means particulate matter emissions from the 
BOPF generated during the steel production cycle and captured by the 
BOPF primary control system.
    (c) Primary oxygen blow means the period in the steel production 
cycle of a BOPF during which a high volume of oxygen-rich gas is 
introduced to the bath of molten iron by means of a

[[Page 385]]

lance inserted from the top of the vessel or through tuyeres in the 
bottom or through the bottom and sides of the vessel. This definition 
does not include any additional or secondary oxygen blows made after the 
primary blow or the introduction of nitrogen or other inert gas through 
tuyeres in the bottom or bottom and sides of the vessel.
    (d) Steel production cycle means the operations conducted within the 
BOPF steelmaking facility that are required to produce each batch of 
steel and includes the following operations: scrap charging, preheating 
(when used), hot metal charging, primary oxygen blowing, sampling 
(vessel turndown and turnup), additional oxygen blowing (when used), 
tapping, and deslagging. This definition applies to an affected facility 
constructed, modified, or reconstructed after January 20, 1983. For an 
affected facility constructed, modified, or reconstructed after June 11, 
1973, but on or before January 20, 1983, steel production cycle means 
the operations conducted within the BOPF steelmaking facility that are 
required to produce each batch of steel and includes the following 
operations: scrap charging, preheating (when used), hot metal charging, 
primary oxygen blowing, sampling (vessel turndown and turnup), 
additional oxygen blowing (when used), and tapping.

[39 FR 9318, Mar. 8, 1974, as amended at 51 FR 160, Jan. 2, 1986]



Sec. 60.142  Standard for particulate matter.

    (a) Except as provided under paragraph (b) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec. 60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall discharge or cause the discharge into the 
atmosphere from any affected facility any gases which:
    (1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf).
    (2) Exit from a control device and exhibit 10 percent opacity or 
greater, except that an opacity of greater than 10 percent but less than 
20 percent may occur once per steel production cycle.
    (b) For affected facilities constructed, modified, or reconstructed 
after January 20, 1983, the following limits shall apply:
    (1) On or after the date on which the performance test under Sec. 
60.8 is required to be completed, no owner or operator of an affected 
facility for which open hooding is the method for controlling primary 
emissions shall cause to be discharged to the atmosphere any gases that:
    (i) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf), as measured for the primary oxygen blow.
    (ii) Exit from a control device not used solely for the collection 
of secondary emissions, as defined in Sec. 60.141a, and exhibit 10 
percent opacity or greater, except that an opacity greater than 10 
percent but less than 20 percent may occur once per steel production 
cycle.
    (2) On or after the date on which the performance test required by 
Sec. 60.8 is completed, no owner or operator of an affected facility 
for which closed hooding is the method for controlling primary emissions 
shall cause to be discharged into the atmosphere any gases that:
    (i) Contain particulate matter in excess of 68 mg/dscm (0.030 gr/
dscf), as measured for the primary oxygen blow.
    (ii) Exit from a control device not used solely for the collection 
of secondary emissions, as defined in Sec. 60.141a, and exhibit 10 
percent opacity or greater, except that an opacity greater than 10 
percent but less than 20 percent may occur once per steel production 
cycle.
    (c) On and after the date on which the performance test required by 
Sec. 60.8 is completed, each owner or operator of an affected facility 
subject to paragraph (b) of this section shall operate the primary gas 
cleaning system during any reblow in a manner identical to operation 
during the primary oxygen blow.

[39 FR 9318, Mar. 8, 1974, as amended at 43 FR 15602, Apr. 13, 1978; 51 
FR 161, Jan. 2, 1986]



Sec. 60.143  Monitoring of operations.

    (a) The owner or operator of an affected facility shall maintain a 
single time-measuring instrument which shall be used in recording daily 
the time and duration of each steel production cycle, and the time and 
duration

[[Page 386]]

of any diversion of exhaust gases from the main stack servicing the 
BOPF.
    (b) The owner or operator of any affected facility that uses venturi 
scrubber emission control equipment shall install, calibrate, maintain, 
and continuously operate monitoring devices as follows:
    (1) A monitoring device for the continuous measurement of the 
pressure loss through the venturi constriction of the control equipment. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 250 Pa (1 
inch water).
    (2) A monitoring device for the continual measurement of the water 
supply pressure to the control equipment. The monitoring device is to be 
certified by the manufacturer to be accurate within 5 percent of the design water supply pressure. The 
monitoring device's pressure sensor or pressure tap must be located 
close to the water discharge point. The Administrator must be consulted 
for approval in advance of selecting alternative locations for the 
pressure sensor or tap.
    (3) All monitoring devices shall be synchronized each day with the 
time-measuring instrument used under paragraph (a) of this section. The 
chart recorder error directly after synchronization shall not exceed 
0.08 cm (\1/32\ inch).
    (4) All monitoring devices shall use chart recorders which are 
operated at a minimum chart speed of 3.8 cm/hr (1.5 in/hr).
    (5) All monitoring devices are to be recalibrated annually, and at 
other times as the Administrator may require, in accordance with the 
procedures under Sec. 60.13(b).
    (c) Any owner or operator subject to the requirements of paragraph 
(b) of this section shall report to the Administrator, on a semiannual 
basis, all measurements over any 3-hour period that average more than 10 
percent below the average levels maintained during the most recent 
performance test conducted under Sec. 60.8 in which the affected 
facility demonstrated compliance with the mass standards under Sec. 
60.142(a)(1), (b)(1)(i) or (b)(2)(i). The accuracy of the respective 
measurements, not to exceed the values specified in paragraphs (b)(1) 
and (b)(2) of this section, may be taken into consideration when 
determining the measurement results that must be reported.

[43 FR 15602, Apr. 13, 1978, as amended at 51 FR 161, Jan. 2, 1986; 54 
FR 6667, Feb. 14, 1989]



Sec. 60.144  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.142 as follows:
    (1) The time-measuring instrument of Sec. 60.143 shall be used to 
document the time and duration of each steel production cycle and each 
diversion period during each run.
    (2) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 1.50 dscm (53 dscf). Sampling shall be 
discontinued during periods of diversions.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction on or before January 20, 1983, the 
sampling for each run shall continue for an integral number of steel 
production cycles. A cycle shall start at the beginning of either the 
scrap preheat or the oxygen blow and shall terminate immediately before 
tapping.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after January 20, 1983, the sampling for 
each run shall continue for an integral number of primary oxygen blows.
    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity. Observations taken during a diversion period shall 
not be used in determining compliance with the opacity standard. Opacity 
observations taken at 15-second intervals immediately before and after a 
diversion of exhaust gases from the stack may be considered to be 
consecutive for the purpose of computing an average opacity for a 6-
minute period.
    (c) The owner or operator shall use the monitoring devices of Sec. 
60.143(b)(1)

[[Page 387]]

and (2) for the duration of the particulate matter runs. The arithmetic 
average of all measurements taken during these runs shall be used to 
determine compliance with Sec. 60.143(c).

[54 FR 6667, Feb. 14, 1989, as amended at 65 FR 61756, Oct. 17, 2000]



 Subpart Na_Standards of Performance for Secondary Emissions from Basic 
    Oxygen Process Steelmaking Facilities for Which Construction is 
                    Commenced After January 20, 1983

    Source: 51 FR 161, Jan. 2, 1986, unless otherwise noted.



Sec. 60.140a  Applicability and designation of affected facilities.

    (a) The provisions of this subpart apply to the following affected 
facilities in an iron and steel plant: top-blown BOPF's and hot metal 
transfer stations and skimming stations used with bottom-blown or top-
blown BOPF's.
    (b) This subpart applies to any facility identified in paragraph (a) 
of this section that commences construction, modification, or 
reconstruction after January 20, 1983.
    (c) Any BOPF subject to the provisions of this subpart is subject to 
those provisions of subpart N of this part applicable to affected 
facilities commencing construction, modification or reconstruction after 
January 20, 1983.



Sec. 60.141a  Definitions.

    All terms in this subpart not defined below are given the same 
meaning as in the Clean Air Act as amended or in subpart A of this part.
    Basic oxygen process furnace (BOPF) means any furnace with a 
refractory lining in which molten steel is produced by charging scrap 
metal, molten iron, and flux materials or alloy additions into a vessel 
and by introducing a high volume of oxygen-rich gas. Open hearth, blast, 
and reverberatory furnaces are not included in this definition.
    Bottom-blown furnace means any BOPF in which oxygen and other 
combustion gases are introduced to the bath of molten iron through 
tuyeres in the bottom of the vessel or through tuyeres in the bottom and 
sides of the vessel.
    Fume suppression system means the equipment comprising any system 
used to inhibit the generation of emissions from steelmaking facilities 
with an inert gas, flame, or steam blanket applied to the surface of 
molten iron or steel.
    Hot metal transfer station means the facility where molten iron is 
emptied from the railroad torpedo car or hot metal car to the shop 
ladle. This includes the transfer of molten iron from the torpedo car or 
hot metal car to a mixer (or other intermediate vessel) and from a mixer 
(or other intermediate vessel) to the ladle. This facility is also known 
as the reladling station or ladle transfer station.
    Primary emission control system means the combination of equipment 
used for the capture and collection of primary emissions (e.g., an open 
hood capture system used in conjunction with a particulate matter 
cleaning device such as an electrostatic precipitator or a closed hood 
capture system used in conjunction with a particulate matter cleaning 
device such as a scrubber).
    Primary emissions means particulate matter emissions from the BOPF 
generated during the steel production cycle which are captured by, and 
do not thereafter escape from, the BOPF primary control system.
    Primary oxygen blow means the period in the steel production cycle 
of a BOPF during which a high volume of oxygen-rich gas is introduced to 
the bath of molten iron by means of a lance inserted from the top of the 
vessel. This definition does not include any additional, or secondary, 
oxygen blows made after the primary blow.
    Secondary emission control system means the combination of equipment 
used for the capture and collection of secondary emissions (e.g.,
    (1) An open hood system for the capture and collection of primary 
and secondary emissions from the BOPF, with local hooding ducted to a 
secondary emission collection device such as a baghouse for the capture 
and collection of emissions from the hot metal transfer and skimming 
station; or

[[Page 388]]

    (2) An open hood system for the capture and collection of primary 
and secondary emissions from the furnace, plus a furnace enclosure with 
local hooding ducted to a secondary emission collection device, such as 
a baghouse, for additional capture and collection of secondary emissions 
from the furnace, with local hooding ducted to a secondary emission 
collection device, such as a baghouse, for the capture and collection of 
emissions from hot metal transfer and skimming station; or
    (3) A furnace enclosure with local hooding ducted to a secondary 
emission collection device such as a baghouse for the capture and 
collection of secondary emissions from a BOPF controlled by a closed 
hood primary emission control system, with local hooding ducted to a 
secondary emission collection device, such as a baghouse, for the 
capture and collection of emissions from hot metal transfer and skimming 
stations).
    Secondary emissions means particulate matter emissions that are not 
captured by the BOPF primary control system, including emissions from 
hot metal transfer and skimming stations. This definition also includes 
particulate matter emissions that escape from openings in the primary 
emission control system, such as from lance hole openings, gaps or tears 
in the ductwork of the primary emission control system, or leaks in 
hoods.
    Skimming station means the facility where slag is mechanically raked 
from the top of the bath of molten iron.
    Steel production cycle means the operations conducted within the 
BOPF steelmaking facility that are required to produce each batch of 
steel, including the following operations: scrap charging, preheating 
(when used), hot metal charging, primary oxygen blowing, sampling 
(vessel turndown and turnup), additional oxygen blowing (when used), 
tapping, and deslagging. Hot metal transfer and skimming operations for 
the next steel production cycle are also included when the hot metal 
transfer station or skimming station is an affected facility.
    Top-blown furnace means any BOPF in which oxygen is introduced to 
the bath of molten iron by means of an oxygen lance inserted from the 
top of the vessel.



Sec. 60.142a  Standards for particulate matter.

    (a) Except as provided under paragraphs (b) and (c) of this section, 
on and after the date on which the performance test under Sec. 60.8 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any secondary emissions that:
    (1) Exit from the BOPF shop roof monitor (or other building 
openings) and exhibit greater than 10 percent opacity during the steel 
production cycle of any top-blown BOPF or during hot metal transfer or 
skimming operations for any bottom-blown BOPF; except that an opacity 
greater than 10 percent but less than 20 percent may occur once per 
steel production cycle.
    (2) Exit from a control device used solely for the collection of 
secondary emissions from a top-blown BOPF or from hot metal transfer or 
skimming for a top-blown or a bottom-blown BOPF and contain particulate 
matter in excess of 23 mg/dscm (0.010 gr/dscf).
    (3) Exit from a control device used solely for the collection of 
secondary emissions from a top-blown BOPF or from hot metal transfer or 
skimming for a top-blown or a bottom-blown BOPF and exhibit more than 5 
percent opacity.
    (b) A fume suppression system used to control secondary emissions 
from an affected facility is not subject to paragraphs (a)(2) and (a)(3) 
of this section.
    (c) A control device used to collect both primary and secondary 
emissions from a BOPF is not subject to paragraphs (a)(2) and (a)(3) of 
this section.



Sec. 60.143a  Monitoring of operations.

    (a) Each owner or operator of an affected facility shall install, 
calibrate, operate, and maintain a monitoring device that continually 
measures and records for each steel production cycle the various rates 
or levels of exhaust ventilation at each phase of the cycle through each 
duct of the secondary emission capture system. The monitoring device or 
devices are to be placed at locations near each capture

[[Page 389]]

point of the secondary emission capture system to monitor the exhaust 
ventilation rates or levels adequately, or in alternative locations 
approved in advance by the Administrator.
    (b) If a chart recorder is used, the owner or operator shall use 
chart recorders that are operated at a minimum chart speed of 3.8 cm/hr 
(1.5 in./hr).
    (c) All monitoring devices required by paragraph (a) of this section 
are to be certified by the manufacturer to be accurate to within 10 percent compared to Method 2 of appendix A of this 
part. The owner or operator shall recalibrate and check the device(s) 
annually and at other times as the Administrator may require, in 
accordance with the written instructions of the manufacturer and by 
comparing the device against Method 2.
    (d) Each owner or operator subject to the requirements of paragraph 
(a) of this section shall report on a semiannual basis all measurements 
of exhaust ventilation rates or levels over any 3-hour period that 
average more than 10 percent below the average rates or levels of 
exhaust ventilation maintained during the most recent performance test 
conducted under Sec. 60.8 in which the affected facility demonstrated 
compliance with the standard under Sec. 60.142a(a)(2). The accuracy of 
the respective measurements, not to exceed the values specified in 
paragraph (c) of this section, may be considered when determining the 
measurement results that must be reported.
    (e) If a scrubber primary emission control device is used to collect 
secondary emissions, the owner or operator shall report on a semiannual 
basis all measurements of exhaust ventilation rate over any 3-hour 
period that average more than 10 percent below the average levels 
maintained during the most recent performance test conducted under Sec. 
60.8 in which the affected facility demonstrated compliance with the 
standard under Sec. 60.142(a)(1).

[51 FR 161, Jan. 2, 1986, as amended at 65 FR 61756, Oct. 17, 2000]



Sec. 60.144a  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.142a as follows:
    (1) Start and end times of each steel production cycle during each 
run shall be recorded (see Sec. 60.145a (c) and (d) for the definitions 
of start and end times of a cycle).
    (2) Method 5 shall be used to determine the particulate matter 
concentration. Sampling shall be conducted only during the steel 
production cycle and for a sufficient number of steel production cycles 
to obtain a total sample volume of at least 5.67 dscm (200 dscf) for 
each run.
    (3) Method 9 and the procedures of Sec. 60.11 shall be used to 
determine opacity, except sections 2.4 and 2.5 of Method 9 shall be 
replaced with the following instructions for recording observations and 
reducing data:
    (i) Section 2.4. Opacity observations shall be recorded to the 
nearest 5 percent at 15-second intervals. During the initial performance 
test conducted pursuant to Sec. 60.8, observations shall be made and 
recorded in this manner for a minimum of three steel production cycles. 
During any subsequent compliance test, observations may be made for any 
number of steel production cycles, although, where conditions permit, 
observations will generally be made for a minimum of three steel 
production cycles.
    (ii) Section 2.5. Opacity shall be determined as an average of 12 
consecutive observations recorded at 15-second intervals. For each steel 
production cycle, divide the observations recorded into sets of 12 
consecutive observations. Sets need not be consecutive in time, and in 
no case shall two sets overlap. For each set of 12 observations, 
calculate the average by summing the opacity of 12 consecutive 
observations and dividing this sum by 12.

[[Page 390]]

    (c) In complying with the requirements of Sec. 60.143a(c), the 
owner or operator shall conduct an initial test as follows:
    (1) For devices that monitor and record the exhaust ventilation 
rate, compare velocity readings recorded by the monitoring device 
against the velocity readings obtained by Method 2. Take Method 2 
readings at a point or points that would properly characterize the 
monitoring device's performance and that would adequately reflect the 
various rates of exhaust ventilation. Obtain readings at sufficient 
intervals to obtain 12 pairs of readings for each duct of the secondary 
emission capture system. Compare the averages of the two sets to 
determine whether the monitoring device velocity is within 10 percent of the Method 2 average.
    (2) For devices that monitor the level of exhaust ventilation and 
record only step changes when a set point rate is reached, compare step 
changes recorded by the monitoring device against the velocity readings 
obtained by Method 2. Take Method 2 readings at a point or points that 
would properly characterize the performance of the monitoring device and 
that would adequately reflect the various rates of exhaust ventilation. 
Obtain readings at sufficient intervals to obtain 12 pairs of readings 
for each duct of the secondary emission capture system. Compare the 
averages of the two sets to determine whether the monitoring device step 
change is within 10 percent of the setpoint rate.
    (d) To comply with Sec. 60.143a(d) or (e), the owner or operator 
shall use the monitoring device of Sec. 60.143a(a) to determine the 
exhaust ventilation rates or levels during the particulate matter runs. 
Each owner or operator shall then use these rates or levels to determine 
the 3-hour averages required by Sec. 60.143a(d) and (e).

[51 FR 161, Jan. 2, 1986, as amended at 54 FR 6667, Feb. 14, 1989; 65 FR 
61756, Oct. 17, 2000]



Sec. 60.145a  Compliance provisions.

    (a) When determining compliance with mass and visible emission 
limits specified in Sec. 60.142a(a) (2) and (3), the owner or operator 
of a BOPF shop that normally operates two furnaces with overlapping 
cycles may elect to operate only one furnace. If an owner or operator 
chooses to shut down one furnace, he shall be allowed a reasonable time 
period to adjust his production schedule before the compliance tests are 
conducted. The owner or operator of an affected facility may also elect 
to suspend shop operations not subject to this subpart during compliance 
testing.
    (b) During compliance testing for mass and visible emission 
standards, if an owner or operator elects to shut down one furnace in a 
shop that normally operates two furnaces with overlapping cycles, the 
owner or operator shall operate the secondary emission control system 
for the furnace being tested at exhaust ventilation rates or levels for 
each duct of the secondary emission control system that are appropriate 
for single-furnace operation. Following the compliance test, the owner 
or operator shall operate the secondary emission control system at 
exhaust ventilation rates or levels for each duct of the system that are 
no lower than 90 percent of the exhaust ventilation values established 
during the most recent compliance test.
    (c) For the purpose of determining compliance with visible and mass 
emission standards, a steel production cycle begins when the scrap or 
hot metal is charged to the vessel (whichever operation occurs first) 
and terminates 3 minutes after slag is emptied from the vessel into the 
slag pot. Consecutive steel production cycles are not required for the 
purpose of determining compliance. Where a hot metal transfer or 
skimming station is an affected facility, the steel production cycle 
also includes the hot metal transfer or skimming operation for the next 
steel production cycle for the affected vessel. Visible emission 
observations for both hot metal transfer and skimming operations begin 
with the start of the operation and terminate 3 minutes after completion 
of the operation.
    (d) For the purpose of determining compliance with visible emission 
standards specified in Sec. 60.142a(a) (1) and (3), the starting and 
stopping times of regulated process operations shall be determined and 
the starting and stopping times of visible emissions data sets shall be 
determined accordingly.

[[Page 391]]

    (e) To determine compliance with Sec. 60.142a(a)(1), select the 
data sets yielding the highest and second highest 3-minute average 
opacities for each steel production cycle. Compliance is achieved if the 
highest 3-minute average for each cycle observed is less than 20 percent 
and the second highest 3-minute average is 10 percent or less.
    (f) To determine compliance with Sec. 60.142(a)(2), determine the 
concentration of particulate matter in exhaust gases exiting the 
secondary emission collection device with Method 5. Compliance is 
achieved if the concentration of particulate matter does not exceed 23 
mg/dscm (0.010 gr/dscf).
    (g) To determine compliance with Sec. 60.142a(a)(3), construct 
consecutive 3-minute averages for each steel production cycle. 
Compliance is achieved if no 3-minute average is more than 5 percent.

[51 FR 161, Jan. 2, 1986, as amended at 65 FR 61756, Oct. 17, 2000]



     Subpart O_Standards of Performance for Sewage Treatment Plants



Sec. 60.150  Applicability and designation of affected facility.

    (a) The affected facility is each incinerator that combusts wastes 
containing more than 10 percent sewage sludge (dry basis) produced by 
municipal sewage treatment plants, or each incinerator that charges more 
than 1000 kg (2205 lb) per day municipal sewage sludge (dry basis).
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 58521, Nov. 10, 1977]



Sec. 60.151  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.

[39 FR 9319, Mar. 8, 1974]



Sec. 60.152  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator of any 
sewage sludge incinerator subject to the provisions of this subpart 
shall discharge or cause the discharge into the atmosphere of:
    (1) Particulate matter at a rate in excess of 0.65 g/kg dry sludge 
input (1.30 lb/ton dry sludge input).
    (2) Any gases which exhibit 20 percent opacity or greater.

[39 FR 9319, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec. 60.153  Monitoring of operations.

    (a) The owner or operator of any sludge incinerator subject to the 
provisions of this subpart shall:
    (1) Install, calibrate, maintain, and operate a flow measuring 
device which can be used to determine either the mass or volume of 
sludge charged to the incinerator. The flow measuring device shall be 
certified by the manufacturer to have an accuracy of 5 percent over its operating range. Except as provided 
in paragraph (d) of this section, the flow measuring device shall be 
operated continuously and data recorded during all periods of operation 
of the incinerator.
    (2) Provide access to the sludge charged so that a well-mixed 
representative grab sample of the sludge can be obtained.
    (3) Install, calibrate, maintain, and operate a weighing device for 
determining the mass of any municipal solid waste charged to the 
incinerator when sewage sludge and municipal solid waste are incinerated 
together. The weighing device shall have an accuracy of 5 percent over its operating range.
    (b) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
shall comply with the requirements of paragraph (a) of this section and:
    (1) For incinerators equipped with a wet scrubbing device, install, 
calibrate, maintain and operate a monitoring device that continuously 
measures and records the pressure drop of the gas flow through the wet 
scrubbing device.

[[Page 392]]

Where a combination of wet scrubbers is used in series, the pressure 
drop of the gas flow through the combined system shall be continuously 
monitored. The device used to monitor scrubber pressure drop shall be 
certified by the manufacturer to be accurate within 250 pascals (1 inch water gauge) 
and shall be calibrated on an annual basis in accordance with the 
manufacturer's instructions.
    (2) Install, calibrate, maintain and operate a monitoring device 
that continuously measures and records the oxygen content of the 
incinerator exhaust gas. The oxygen monitor shall be located upstream of 
any rabble shaft cooling air inlet into the incinerator exhaust gas 
stream, fan, ambient air recirculation damper, or any other source of 
dilution air. The oxygen monitoring device shall be certified by the 
manufacturer to have a relative accurancy of 5 
percent over its operating range and shall be calibrated according to 
method(s) prescribed by the manufacturer at least once each 24-hour 
operating period.
    (3) Install, calibrate, maintain and operate temperature measuring 
devices at every hearth in multiple hearth furnaces; in the bed and 
outlet of fluidized bed incinerators; and in the drying, combustion, and 
cooling zones of electric incinerators. For multiple hearth furnaces, a 
minimum of one temperature measuring device shall be installed in each 
hearth in the cooling and drying zones, and a minimum of two temperature 
measuring devices shall be installed in each hearth in the combustion 
zone. For electric incinerators, a minimum of one temperature measuring 
device shall be installed in the drying zone and one in the cooling 
zone, and a minimum of two temperature measuring devices shall be 
installed in the combustion zone. Each temperature measuring device 
shall be certified by the manufacturer to have an accuracy of 5 percent over its operating range. Except as provided 
in paragraph (d) of this section, the temperature monitoring devices 
shall be operated continuously and data recorded during all periods of 
operation of the incinerator.
    (4) Install, calibrate, maintain and operate a device for measuring 
the fuel flow to the incinerator. The flow measuring device shall be 
certified by the manufacturer to have an accuracy of 5 percent over its operating range. Except as provided 
in paragraph (d) of the section, the fuel flow measuring device shall be 
operated continuously and data recorded during all periods of operation 
of the incinerator.
    (5) Except as provided in paragraph (d) of this section, collect and 
analyze a grab sample of the sludge fed to the incinerator once per day. 
The dry sludge content and the volatile solids content of the sample 
shall be determined in accordance with the method specified under Sec. 
60.154(b)(5), except that the determination of volatile solids, step 
(3)(b) of the method, may not be deleted.
    (c) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
shall retain the following information and make it available for 
inspection by the Administrator for a minimum of 2 years:
    (1) For incinerators equipped with a wet scrubbing device, a record 
of the measured pressure drop of the gas flow through the wet scrubbing 
device, as required by paragraph (b)(1) of this section.
    (2) A record of the measured oxygen content of the incinerator 
exhaust gas, as required by paragraph (b)(2) of this section.
    (3) A record of the rate of sludge charged to the incinerator, the 
measured temperatures of the incinerator, the fuel flow to the 
incinerator, and the total solids and volatile solids content of the 
sludge charged to the incinerator, as required by paragraphs (a)(1), 
(b)(3), (b)(4), and (b)(5) of this section.
    (d) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
from which the particulate matter emission rate measured during the 
performance test required under Sec. 60.154(d) is less than or equal to 
0.38 g/kg of dry sludge input (0.75 lb/ton) shall be required to comply 
with the requirements in paragraphs (a), (b), and (c) of this section 
during all periods of this incinerator following the performance test 
except that:

[[Page 393]]

    (1) Continuous operation of the monitoring devices and data 
recorders in paragraphs (a)(1), (b)(3), and (b)(4) of this section shall 
not be required.
    (2) Daily sampling and analysis of sludge feed in paragraph (b)(5) 
of this section shall not be required.
    (3) Recordkeeping specified in paragraph (c)(3) of this section 
shall not be required.
    (e) The owner or operator of any sludge incinerator other than a 
multiple hearth, fluidized bed, or electric incinerator or any sludge 
incinerator equipped with a control device other than a wet scrubber 
shall submit to the Administrator for approval a plan for monitoring and 
recording incinerator and control device operation parameters. The plan 
shall be submitted to the Administrator:
    (1) No later than 90 days after October 6, 1988, for sources which 
have provided notification of commencement of construction prior to 
October 6, 1988.
    (2) No later than 90 days after the notification of commencement of 
construction, for sources which provide notification of commencement of 
construction on or after October 6, 1988.
    (3) At least 90 days prior to the date on which the new control 
device becomes operative, for sources switching to a control device 
other than a wet scrubber.

[36 FR 24877, Dec. 23, 1971, as amended at 53 FR 39416, Oct. 6, 1988; 65 
FR 61756, Oct. 17, 2000]



Sec. 60.154  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided for in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter emission standards in Sec. 60.152 as follows:
    (1) The emission rate (E) of particulate matter for each run shall 
be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.005

Where:

E = Emission rate of particulate matter, g/kg (lb/ton) of dry sludge 
input.
cs = Concentration of particulate matter, g/dscm (gr/dscf).
Qsd = Volumetric flow rate of effluent gas, dscm/hr (dscf/
hr).
S = Charging rate of dry sludge during the run, kg/hr (ton/hr).
K = Conversion factor, 1.0 g/g (7,000 gr/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 
dscf).
    (3) The dry sludge charging rate (S) for each run shall be computed 
using either of the following equations:
[GRAPHIC] [TIFF OMITTED] TR17OC00.006

Where:

S = Charging rate of dry sludge, kg/hr (ton/hr).
Sm = Total mass of sludge charge, kg (ton).
Rdm = Average mass of dry sludge per unit mass of sludge 
charged, kg/kg (ton/ton).
[thetas] = Duration of run, hr.
Sv = Total volume of sludge charged, m\3\ (gal).
Rdv = Average mass of dry sludge per unit volume of sludge 
charged, kg/m\3\ (lb/gal).
Kv = Conversion factor, 1 g/g (2,000 lb/ton).

    (4) the flow measuring device of Sec. 60.153(a)(1) shall be used to 
determine the total mass (Sm) or volume (Sv) of 
sludge charged to the incinerator during each run. If the flow measuring 
device is on a time rate basis, readings shall be taken and recorded at 
5-minute intervals during the run and the total charge of sludge shall 
be computed using the following equations, as applicable:
[GRAPHIC] [TIFF OMITTED] TR17OC00.007

[GRAPHIC] [TIFF OMITTED] TR17OC00.008

Where:

Sm = Total mass of sludge charged to the incinerator during 
the test run.
Sv = Total volume of sludge charged to the incinerator during 
the test run.

[[Page 394]]

Qmi = Average mass flow rate calculated by averaging the flow 
rates at the beginning and end of each interval ``i,'' kg/hr (ton/hr).
Qvi = Average volume flow rate calculated by averaging the 
flow rates at the beginning and end of each interval ``i,'' m\3\/hr 
(gal/hr).
[thetas]i = Duration of interval ``i,'' hr.

    (5) Samples of the sludge charged to the incinerator shall be 
collected in nonporous jars at the beginning of each run and at 
approximately 1-hour intervals thereafter until the test ends, and ``209 
F. Method for Solid and Semisolid Samples'' (incorporated by reference--
see Sec. 60.17) shall be used to determine dry sludge content of each 
sample (total solids residue), except that:
    (i) Evaporating dishes shall be ignited to at least 103 [deg]C 
rather than the 550 [deg]C specified in step 3(a)(1).
    (ii) Determination of volatile residue, step 3(b) may be deleted.
    (iii) The quantity of dry sludge per unit sludge charged shall be 
determined in terms of kg/m\3\ (lb/gal) or kg/kg (ton/ton).
    (iv) The average dry sludge content shall be the arithmetic average 
of all the samples taken during the run.
    (6) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (c) [Reserved]
    (d) The owner or operator of any sludge incinerator subject to the 
provisions of this subpart shall conduct a performance test during which 
the monitoring and recording devices required under Sec. 60.153(a)(1), 
(b)(1), (b)(2), (b)(3), and (b)(4) are installed and operating and for 
which the sampling and analysis procedures required under Sec. 
60.153(b)(5) are performed. The owner or operator shall provide the 
Administrator at least 30 days prior notice of the performance test to 
afford the Administrator the opportunity to have an observer present.
    (1) For incinerators that commenced construction or modification on 
or before April 18, 1986, the performance test shall be conducted within 
360 days of the effective date of these regulations unless the 
monitoring and recording devices required under Sec. 60.153(a)(1), 
(b)(1), (b)(2), (b)(3), and (b)(4) were installed and operating and the 
sampling and analysis procedures required under Sec. 60.153(b)(5) were 
performed during the most recent performance test and a record of the 
measurements taken during the performance test is available.
    (2) For incinerators that commence construction or modification 
after April 18, 1986, the date of the performance test shall be 
determined by the requirements in Sec. 60.8.

[54 FR 6668, Feb. 14, 1989, as amended at 54 FR 27015, June 27, 1989; 59 
FR 5108, Feb. 3, 1994; 65 FR 61756, Oct. 17, 2000]



Sec. 60.155  Reporting.

    (a) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
shall submit to the Administrator semi-annually a report in writing 
which contains the following:
    (1) A record of average scrubber pressure drop measurements for each 
period of 15 minutes duration or more during which the pressure drop of 
the scrubber was less than, by a percentage specified below, the average 
scrubber pressure drop measured during the most recent performance test. 
The percent reduction in scrubber pressure drop for which a report is 
required shall be determined as follows:
    (i) For incinerators that achieved an average particulate matter 
emission rate of 0.38 kg/Mg (0.75 lb/ton) dry sludge input or less 
during the most recent performance test, a scrubber pressure drop 
reduction of more than 30 percent from the average scrubber pressure 
drop recorded during the most recent performance test shall be reported.
    (ii) For incinerators that achieved an average particulate matter 
emission rate of greater than 0.38 kg/Mg (0.75 lb/ton) dry sludge input 
during the most recent performance test, a percent reduction in pressure 
drop greater than that calculated according to the following equation 
shall be reported:

P=-111E+72.15

where P=Percent reduction in pressure drop, and
E=Average particulate matter emissions (kg/megagram)

    (2) A record of average oxygen content in the incinerator exhaust 
gas for each period of 1-hour duration or more that the oxygen content 
of the incinerator exhaust gas exceeds the average

[[Page 395]]

oxygen content measured during the most recent performance test by more 
than 3 percent.
    (b) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator from which the average particulate matter 
emission rate measured during the performance test required under Sec. 
60.154(d) exceeds 0.38 g/kg of dry sludge input (0.75 lb/ton of dry 
sludge input) shall include in the report for each calendar day that a 
decrease in scrubber pressure drop or increase in oxygen content of 
exhaust gas is reported a record of the following:
    (1) Scrubber pressure drop averaged over each 1-hour incinerator 
operating period.
    (2) Oxygen content in the incinerator exhaust averaged over each 1-
hour incinerator operating period.
    (3) Temperatures of every hearth in multiple hearth incinerators; of 
the bed and outlet of fluidized bed incinerators; and of the drying, 
combustion, and cooling zones of electric incinerators averaged over 
each 1-hour incinerator operating period.
    (4) Rate of sludge charged to the incinerator averaged over each 1-
hour incinerator operating period.
    (5) Incinerator fuel use averaged over each 8-hour incinerator 
operating period.
    (6) Moisture and volatile solids content of the daily grab sample of 
sludge charged to the incinerator.
    (c) The owner or operator of any sludge incinerator other than a 
multiple hearth, fluidized bed, or electric incinerator or any sludge 
incinerator equipped with a control device other than a wet scrubber 
shall include in the semi-annual report a record of control device 
operation measurements, as specified in the plan approved under Sec. 
60.153(e).

[53 FR 39417, Oct. 6, 1988]



Sec. 60.156  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. 
60.153(e).

[53 FR 39418, Oct. 6, 1988]



     Subpart P_Standards of Performance for Primary Copper Smelters

    Source: 41 FR 2338, Jan. 15, 1976, unless otherwise noted.



Sec. 60.160  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in primary copper smelters: Dryer, roaster, smelting 
furnace, and copper converter.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 16, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec. 60.161  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Primary copper smelter means any installation or any 
intermediate process engaged in the production of copper from copper 
sulfide ore concentrates through the use of pyrometallurgical 
techniques.
    (b) Dryer means any facility in which a copper sulfide ore 
concentrate charge is heated in the presence of air to eliminate a 
portion of the moisture from the charge, provided less than 5 percent of 
the sulfur contained in the charge is eliminated in the facility.
    (c) Roaster means any facility in which a copper sulfide ore 
concentrate charge is heated in the presence of air to eliminate a 
significant portion (5 percent or more) of the sulfur contained in the 
charge.
    (d) Calcine means the solid materials produced by a roaster.
    (e) Smelting means processing techniques for the melting of a copper 
sulfide ore concentrate or calcine charge leading to the formation of 
separate layers of molten slag, molten copper, and/or copper matte.

[[Page 396]]

    (f) Smelting furnace means any vessel in which the smelting of 
copper sulfide ore concentrates or calcines is performed and in which 
the heat necessary for smelting is provided by an electric current, 
rapid oxidation of a portion of the sulfur contained in the concentrate 
as it passes through an oxidizing atmosphere, or the combustion of a 
fossil fuel.
    (g) Copper converter means any vessel to which copper matte is 
charged and oxidized to copper.
    (h) Sulfuric acid plant means any facility producing sulfuric acid 
by the contact process.
    (i) Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such materials for the 
purpose of creating useful heat.
    (j) Reverberatory smelting furnace means any vessel in which the 
smelting of copper sulfide ore concentrates or calcines is performed and 
in which the heat necessary for smelting is provided primarily by 
combustion of a fossil fuel.
    (k) Total smelter charge means the weight (dry basis) of all copper 
sulfide ore concentrates processed at a primary copper smelter, plus the 
weight of all other solid materials introduced into the roasters and 
smelting furnaces at a primary copper smelter, except calcine, over a 
one-month period.
    (l) High level of volatile impurities means a total smelter charge 
containing more than 0.2 weight percent arsenic, 0.1 weight percent 
antimony, 4.5 weight percent lead or 5.5 weight percent zinc, on a dry 
basis.



Sec. 60.162  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any dryer any gases which contain particulate matter in 
excess of 50 mg/dscm (0.022 gr/dscf).



Sec. 60.163  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any roaster, smelting furnace, or copper converter any 
gases which contain sulfur dioxide in excess of 0.065 percent by volume, 
except as provided in paragraphs (b) and (c) of this section.
    (b) Reverberatory smelting furnaces shall be exempted from paragraph 
(a) of this section during periods when the total smelter charge at the 
primary copper smelter contains a high level of volatile impurities.
    (c) A change in the fuel combusted in a reverberatory smelting 
furnace shall not be considered a modification under this part.



Sec. 60.164  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any dryer any visible emissions which exhibit greater 
than 20 percent opacity.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility that uses a sulfuric acid plant to 
comply with the standard set forth in Sec. 60.163, any visible 
emissions which exhibit greater than 20 percent opacity.



Sec. 60.165  Monitoring of operations.

    (a) The owner or operator of any primary copper smelter subject to 
Sec. 60.163 (b) shall keep a monthly record of the total smelter charge 
and the weight percent (dry basis) of arsenic, antimony, lead and zinc 
contained in this charge. The analytical methods and procedures employed 
to determine the weight of the total smelter charge and the weight 
percent of arsenic, antimony, lead and zinc shall be approved by the 
Administrator and shall be accurate to within plus or minus ten percent.
    (b) The owner or operator of any primary copper smelter subject to 
the provisions of this subpart shall install and operate:

[[Page 397]]

    (1) A continuous monitoring system to monitor and record the opacity 
of gases discharged into the atmosphere from any dryer. The span of this 
system shall be set at 80 to 100 percent opacity.
    (2) A continuous monitoring system to monitor and record sulfur 
dioxide emissions discharged into the atmosphere from any roaster, 
smelting furnace or copper converter subject to Sec. 60.163 (a). The 
span of this system shall be set at a sulfur dioxide concentration of 
0.20 percent by volume.
    (i) The continuous monitoring system performance evaluation required 
under Sec. 60.13(c) shall be completed prior to the initial performance 
test required under Sec. 60.8.
    (ii) For the purpose of the continuous monitoring system performance 
evaluation required under Sec. 60.13(c) the reference method referred 
to under the Relative Accuracy Test Procedure in Performance 
Specification 2 of appendix B to this part shall be Method 6. For the 
performance evaluation, each concentration measurement shall be of one 
hour duration. The pollutant gas used to prepare the calibration gas 
mixtures required under Performance Specification 2 of appendix B, and 
for calibration checks under Sec. 60.13 (d), shall be sulfur dioxide.
    (c) Six-hour average sulfur dioxide concentrations shall be 
calculated and recorded daily for the four consecutive 6-hour periods of 
each operating day. Each six-hour average shall be determined as the 
arithmetic mean of the appropriate six contiguous one-hour average 
sulfur dioxide concentrations provided by the continuous monitoring 
system installed under paragraph (b) of this section.
    (d) For the purpose of reports required under Sec. 60.7(c), periods 
of excess emissions that shall be reported are defined as follows:
    (1) Opacity. Any six-minute period during which the average opacity, 
as measured by the continuous monitoring system installed under 
paragraph (b) of this section, exceeds the standard under Sec. 
60.164(a).
    (2) Sulfur dioxide. All six-hour periods during which the average 
emissions of sulfur dioxide, as measured by the continuous monitoring 
system installed under paragraph (b) of this section, exceed the level 
of the standard. The Administrator will not consider emissions in excess 
of the level of the standard for less than or equal to 1.5 percent of 
the six-hour periods during the quarter as indicative of a potential 
violation of Sec. 60.11(d) provided the affected facility, including 
air pollution control equipment, is maintained and operated in a manner 
consistent with good air pollution control practice for minimizing 
emissions during these periods. Emissions in excess of the level of the 
standard during periods of startup, shutdown, and malfunction are not to 
be included within the 1.5 percent.

[41 FR 2338, Jan. 15, 1976; 41 FR 8346, Feb. 26, 1976, as amended at 42 
FR 57126, Nov. 1, 1977; 48 FR 23611, May 25, 1983; 54 FR 6668, Feb. 14, 
1989; 65 FR 61756, Oct. 17, 2000]



Sec. 60.166  Test methods and procedures.

    (a) In conducting performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter, sulfur dioxide (SO2) and visible emission 
standards in Sec. Sec. 60.162, 60.163, and 60.164 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) The continuous monitoring system of Sec. 60.165(b)(2) shall be 
used to determine the SO2 concentrations on a dry basis. The 
sampling time for each run shall be 6 hours, and the average 
SO2 concentration shall be computed for the 6-hour period as 
in Sec. 60.165(c). The monitoring system drift during the run may not 
exceed 2 percent of the span value.
    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6668, Feb. 14, 1989]

[[Page 398]]



      Subpart Q_Standards of Performance for Primary Zinc Smelters

    Source: 41 FR 2340, Jan. 15, 1976, unless otherwise noted.



Sec. 60.170  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in primary zinc smelters: roaster and sintering 
machine.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 16, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec. 60.171  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Primary zinc smelter means any installation engaged in the 
production, or any intermediate process in the production, of zinc or 
zinc oxide from zinc sulfide ore concentrates through the use of 
pyrometallurgical techniques.
    (b) Roaster means any facility in which a zinc sulfide ore 
concentrate charge is heated in the presence of air to eliminate a 
significant portion (more than 10 percent) of the sulfur contained in 
the charge.
    (c) Sintering machine means any furnace in which calcines are heated 
in the presence of air to agglomerate the calcines into a hard porous 
mass called sinter.
    (d) Sulfuric acid plant means any facility producing sulfuric acid 
by the contact process.



Sec. 60.172  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any sintering machine any gases which contain 
particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).



Sec. 60.173  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any roaster any gases which contain sulfur dioxide in 
excess of 0.065 percent by volume.
    (b) Any sintering machine which eliminates more than 10 percent of 
the sulfur initially contained in the zinc sulfide ore concentrates will 
be considered as a roaster under paragraph (a) of this section.



Sec. 60.174  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any sintering machine any visible emissions which 
exhibit greater than 20 percent opacity.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility that uses a sulfuric acid plant to 
comply with the standard set forth in Sec. 60.173, any visible 
emissions which exhibit greater than 20 percent opacity.



Sec. 60.175  Monitoring of operations.

    (a) The owner or operator of any primary zinc smelter subject to the 
provisions of this subpart shall install and operate:
    (1) A continuous monitoring system to monitor and record the opacity 
of gases discharged into the atmosphere from any sintering machine. The 
span of this system shall be set at 80 to 100 percent opacity.
    (2) A continuous monitoring system to monitor and record sulfur 
dioxide emissions discharged into the atmosphere from any roaster 
subject to Sec. 60.173. The span of this system shall be set at a 
sulfur dioxide concentration of 0.20 percent by volume.
    (i) The continuous monitoring system performance evaluation required

[[Page 399]]

under Sec. 60.13(c) shall be completed prior to the initial performance 
test required under Sec. 60.8.
    (ii) For the purpose of the continuous monitoring system performance 
evaluation required under Sec. 60.13(c), the reference method referred 
to under the Relative Accuracy Test Procedure in Performance 
Specification 2 of appendix B to this part shall be Method 6. For the 
performance evaluation, each concentration measurement shall be of 1 
hour duration. The pollutant gas used to prepare the calibration gas 
mixtures required under Performance Specification 2 of appendix B, and 
for calibration checks under Sec. 60.13(d), shall be sulfur dioxide.
    (b) Two-hour average sulfur dioxide concentrations shall be 
calculated and recorded daily for the 12 consecutive 2-hour periods of 
each operating day. Each 2-hour average shall be determined as the 
arithmetic mean of the appropriate two contiguous 1-hour average sulfur 
dioxide concentrations provided by the continuous monitoring system 
installed under paragraph (a) of this section.
    (c) For the purpose of reports required under Sec. 60.7(c), periods 
of excess emissions that shall be reported are defined as follows:
    (1) Opacity. Any 6-minute period during which the average opacity, 
as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec. 
60.174(a).
    (2) Sulfur dioxide. Any 2-hour period, as described in paragraph (b) 
of this section, during which the average emissions of sulfur dioxide, 
as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec. 60.173.

[41 FR 2340, Jan. 15, 1976, as amended at 48 FR 23611, May 25, 1983; 54 
FR 6668, Feb. 14, 1989]



Sec. 60.176  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter, sulfur dioxide (SO2), and visible 
emission standards in Sec. Sec. 60.172, 60.173, and 60.174 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) The continuous monitoring system of Sec. 60.175(a)(2) shall be 
used to determine the SO2 concentrations on a dry basis. The 
sampling time for each run shall be 2 hours, and the average 
SO2 concentration for the 2-hour period shall be computed as 
in Sec. 60.175(b). The monitoring system drift during the run may not 
exceed 2 percent of the span value.
    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6669, Feb. 14, 1989]



      Subpart R_Standards of Performance for Primary Lead Smelters

    Source: 41 FR 2340, Jan. 15, 1976, unless otherwise noted.



Sec. 60.180  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in primary lead smelters: sintering machine, 
sintering machine discharge end, blast furnace, dross reverberatory 
furnace, electric smelting furnace, and converter.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 16, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec. 60.181  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Primary lead smelter means any installation or any intermediate 
process engaged in the production of lead from lead sulfide ore 
concentrates through

[[Page 400]]

the use of pyrometallurgical techniques.
    (b) Sintering machine means any furnace in which a lead sulfide ore 
concentrate charge is heated in the presence of air to eliminate sulfur 
contained in the charge and to agglomerate the charge into a hard porous 
mass called sinter.
    (c) Sinter bed means the lead sulfide ore concentrate charge within 
a sintering machine.
    (d) Sintering machine discharge end means any apparatus which 
receives sinter as it is discharged from the conveying grate of a 
sintering machine.
    (e) Blast furnace means any reduction furnace to which sinter is 
charged and which forms separate layers of molten slag and lead bullion.
    (f) Dross reverberatory furnace means any furnace used for the 
removal or refining of impurities from lead bullion.
    (g) Electric smelting furnace means any furnace in which the heat 
necessary for smelting of the lead sulfide ore concentrate charge is 
generated by passing an electric current through a portion of the molten 
mass in the furnace.
    (h) Converter means any vessel to which lead concentrate or bullion 
is charged and refined.
    (i) Sulfuric acid plant means any facility producing sulfuric acid 
by the contact process.



Sec. 60.182  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any blast furnace, dross reverberatory furnace, or 
sintering machine discharge end any gases which contain particulate 
matter in excess of 50 mg/dscm (0.022 gr/dscf).
    (b) [Reserved]



Sec. 60.183  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any sintering machine, electric smelting furnace, or 
converter gases which contain sulfur dioxide in excess of 0.065 percent 
by volume.
    (b) [Reserved]



Sec. 60.184  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any blast furnace, dross reverberatory furnace, or 
sintering machine discharge end any visible emissions which exhibit 
greater than 20 percent opacity.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility that uses a sulfuric acid plant to 
comply with the standard set forth in Sec. 60.183, any visible 
emissions which exhibit greater than 20 percent opacity.



Sec. 60.185  Monitoring of operations.

    (a) The owner or operator of any primary lead smelter subject to the 
provisions of this subpart shall install and operate:
    (1) A continuous monitoring system to monitor and record the opacity 
of gases discharged into the atmosphere from any blast furnace, dross 
reverberatory furnace, or sintering machine discharge end. The span of 
this system shall be set at 80 to 100 percent opacity.
    (2) A continuous monitoring system to monitor and record sulfur 
dioxide emissions discharged into the atmosphere from any sintering 
machine, electric furnace or converter subject to Sec. 60.183. The span 
of this system shall be set at a sulfur dioxide concentration of 0.20 
percent by volume.
    (i) The continuous monitoring system performance evaluation required 
under Sec. 60.13(c) shall be completed prior to the initial performance 
test required under Sec. 60.8.
    (ii) For the purpose of the continuous monitoring system performance 
evaluation required under Sec. 60.13(c), the reference method referred 
to under the Relative Accuracy Test Procedure in

[[Page 401]]

Performance Specification 2 of appendix B to this part shall be Method 
6. For the performance evaluation, each concentration measurement shall 
be of one hour duration. The pollutant gases used to prepare the 
calibration gas mixtures required under Performance Specification 2 of 
appendix B, and for calibration checks under Sec. 60.13(d), shall be 
sulfur dioxide.
    (b) Two-hour average sulfur dioxide concentrations shall be 
calculated and recorded daily for the twelve consecutive two-hour 
periods of each operating day. Each two-hour average shall be determined 
as the arithmetic mean of the appropriate two contiguous one-hour 
average sulfur dioxide concentrations provided by the continuous 
monitoring system installed under paragraph (a) of this section.
    (c) For the purpose of reports required under Sec. 60.7(c), periods 
of excess emissions that shall be reported are defined as follows:
    (1) Opacity. Any six-minute period during which the average opacity, 
as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec. 
60.184(a).
    (2) Sulfur dioxide. Any two-hour period, as described in paragraph 
(b) of this section, during which the average emissions of sulfur 
dioxide, as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec. 60.183.

[41 FR 2340, Jan. 15, 1976, as amended at 48 FR 23611, May 25, 1983; 54 
FR 6668, Feb. 14, 1989]



Sec. 60.186  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter, sulfur dioxide (SO2), and visible 
emission standards in Sec. Sec. 60.182, 60.183, and 60.184 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) The continuous monitoring system of Sec. 60.185(a)(2) shall be 
used to determine the SO2 concentrations on a dry basis. The 
sampling time for each run shall be 2 hours, and the average 
SO2 concentration for the 2-hour period shall be computed as 
in Sec. 60.185(b). The monitoring system drift during the run may not 
exceed 2 percent of the span value.
    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6669, Feb. 14, 1989]



Subpart S_Standards of Performance for Primary Aluminum Reduction Plants

    Source: 45 FR 44207, June 30, 1980, unless otherwise noted.



Sec. 60.190  Applicability and designation of affected facility.

    (a) The affected facilities in primary aluminum reduction plants to 
which this subpart applies are potroom groups and anode bake plants.
    (b) Except as provided in paragraph (c) of this section, any 
affected facility under paragraph (a) of this section that commences 
construction or modification after October 23, 1974, is subject to the 
requirements of this subpart.
    (c) An owner or operator of an affected facility under paragraph (a) 
of this section may elect to comply with the requirements of this 
subpart or the requirements of subpart LL of part 63 of this chapter.

[42 FR 37937, July 25, 1977, as amended at 45 FR 44206, June 30, 1980; 
62 FR 52399, Oct. 7, 1997]



Sec. 60.191  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Aluminum equivalent means an amount of aluminum which can be 
produced from a Mg of anodes produced by an anode bake plant as 
determined by Sec. 60.195(g).
    Anode bake plant means a facility which produces carbon anodes for 
use

[[Page 402]]

in a primary aluminum reduction plant.
    Potroom means a building unit which houses a group of electrolytic 
cells in which aluminum is produced.
    Potroom group means an uncontrolled potroom, a potroom which is 
controlled individually, or a group of potrooms or potroom segments 
ducted to a common control system.
    Primary aluminum reduction plant means any facility manufacturing 
aluminum by electrolytic reduction.
    Primary control system means an air pollution control system 
designed to remove gaseous and particulate flourides from exhaust gases 
which are captured at the cell.
    Roof monitor means that portion of the roof of a potroom where gases 
not captured at the cell exit from the potroom.
    Total fluorides means elemental fluorine and all fluoride compounds 
as measured by reference methods specified in Sec. 60.195 or by 
equivalent or alternative methods (see Sec. 60.8(b)).



Sec. 60.192  Standard for fluorides.

    (a) On and after the date on which the initial performance test 
required to be conducted by Sec. 60.8 is completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected facility any gases 
containing total fluorides, as measured according to Sec. 60.195, in 
excess of:
    (1) 1.0 kg/Mg (2.0 lb/ton) of aluminum produced for potroom groups 
at Soderberg plants: except that emissions between 1.0 kg/Mg and 1.3 kg/
Mg (2.6 lb/ton) will be considered in compliance if the owner or 
operator demonstrates that exemplary operation and maintenance 
procedures were used with respect to the emission control system and 
that proper control equipment was operating at the affected facility 
during the performance tests;
    (2) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for potroom groups 
at prebake plants; except that emissions between 0.95 kg/Mg and 1.25 kg/
Mg (2.5 lb/ton) will be considered in compliance if the owner or 
operator demonstrates that exemplary operation and maintenance 
procedures were used with respect to the emission control system and 
that proper control equipment was operating at the affected facility 
during the performance test; and
    (3) 0.05 kg/Mg (0.1 lb/ton) of aluminum equivalent for anode bake 
plants.
    (b) Within 30 days of any performance test which reveals emissions 
which fall between the 1.0 kg/Mg and 1.3 kg/Mg levels in paragraph 
(a)(1) of this section or between the 0.95 kg/Mg and 1.25 kg/Mg levels 
in paragraph (a)(2) of this section, the owner or operator shall submit 
a report indicating whether all necessary control devices were on-line 
and operating properly during the performance test, describing the 
operating and maintenance procedures followed, and setting forth any 
explanation for the excess emissions, to the Director of the Enforcement 
Division of the appropriate EPA Regional Office.

[45 FR 44207, June 30, 1980, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.193  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any potroom group any gases which exhibit 10 percent 
opacity or greater, or
    (2) From any anode bake plant any gases which exhibit 20 percent 
opacity or greater.



Sec. 60.194  Monitoring of operations.

    (a) The owner or operator of any affected facility subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate monitoring devices which can be used to determine daily the 
weight of aluminum and anode produced. The weighing devices shall have 
an accuracy of 5 percent over their operating 
range.
    (b) The owner or operator of any affected facility shall maintain a 
record of daily production rates of aluminum and anodes, raw material 
feed rates, and cell or potline voltages.
    (c) Following the initial performance test as required under Sec. 
60.8(a), an owner or operator shall conduct a performance test at least 
once each month during the life of the affected facility,

[[Page 403]]

except when malfunctions prevent representative sampling, as provided 
under Sec. 60.8(c). The owner or operator shall give the Administrator 
at least 15 days advance notice of each test. The Administrator may 
require additional testing under section 114 of the Clean Air Act.
    (d) An owner or operator may petition the Administrator to establish 
an alternative testing requirement that requires testing less frequently 
than once each month for a primary control system or an anode bake 
plant. If the owner or operator show that emissions from the primary 
control system or the anode bake plant have low variability during day-
to-day operations, the Administrator may establish such an alternative 
testing requirement. The alternative testing requirement shall include a 
testing schedule and, in the case of a primary control system, the 
method to be used to determine primary control system emissions for the 
purpose of performance tests. The Administrator shall publish the 
alternative testing requirement in the Federal Register.
    (1) Alternative testing requirements are established for Anaconda 
Aluminum Company's Sebree plant in Henderson, Kentucky: The anode bake 
plant and primary control system are to be tested once a year rather 
than once a month.
    (2) Alternative testing requirements are established for Alumax of 
South Carolina's Mt. Holly Plant in Mt. Holly, South Carolina: The anode 
bake plant and primary control system are to be tested once a year 
rather than once a month.

[45 FR 44207, June 30, 1980, as amended at 54 FR 6669, Feb. 14, 1989]



Sec. 60.195  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides and visible emission standards in Sec. Sec. 60.192 and 60.193 
as follows:
    (1) The emission rate (Ep) of total fluorides from 
potroom groups shall be computed for each run using the following 
equation:

Ep=[(Cs Qsd)1+(Cs 
    Qsd)2]/(P K)

where:

Ep=emission rate of total fluorides from a potroom group, kg/
Mg (lb/ton).
Cs=concentration of total fluorides, mg/dscm (gr/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
P=aluminum production rate, Mg/hr (ton/hr).
K=conversion factor, 10\6\ mg/kg (7,000 gr/lb).
1=subscript for primary control system effluent gas.
2=subscript for secondary control system or roof monitor effluent gas.

    (2) The emission rate (Eb) of total fluorides from anode 
bake plants shall be computed for each run using the following equation:

Eb=(Cs Qsd)/(PeK)

where:

Eb=emission rate of total fluorides, kg/Mg (lb/ton) of 
aluminum equivalent.
Cs=concentration of total fluorides, mg/dscm (gr/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
Pe=aluminum equivalent for anode production rate, Mg/hr (ton/
hr).
K=conversion factor, 10\6\ mg/kg (7,000 gr/lb).

    (3) Methods 13A or 13B shall be used for ducts or stacks, and Method 
14 for roof monitors not employing stacks or pollutant collection 
systems, to determine the total fluorides concentration (Cs) 
and volumetric flow rate (Qsd) of the effluent gas. The 
sampling time and sample volume for each run shall be at least 8 hours 
and 6.80 dscm (240 dscf) for potroom groups and at least 4 hours and 
3.40 dscm (120 dscf) for anode bake plants.
    (4) The monitoring devices of Sec. 60.194(a) shall be used to 
determine the daily weight of aluminum and anode produced.
    (i) The aluminum production rate (P) shall be determined by dividing 
720 hours into the weight of aluminum tapped from the affected facility 
during a period of 30 days before and including the final run of a 
performance test.
    (ii) The aluminum equivalent production rate (Pe) for 
anodes shall be determined as 2 times the average weight of

[[Page 404]]

anode produced during a representative oven cycle divided by the cycle 
time. An owner or operator may establish a multiplication factor other 
than 2 by submitting production records of the amount of aluminum 
produced and the concurrent weight of anodes consumed by the potrooms.
    (5) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6669, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



    Subpart T_Standards of Performance for the Phosphate Fertilizer 
              Industry: Wet-Process Phosphoric Acid Plants



Sec. 60.200  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each wet-process phosphoric acid plant having a design capacity 
of more than 15 tons of equivalent P2O5 feed per 
calendar day. For the purpose of this subpart, the affected facility 
includes any combination of: reactors, filters, evaporators, and hot 
wells.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983]



Sec. 60.201  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Wet-process phosphoric acid plant means any facility 
manufacturing phosphoric acid by reacting phosphate rock and acid.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec. 60.204, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33154, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.202  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 10.0 g/Mg of equivalent 
P2O5 feed (0.020 lb/ton).

[40 FR 33154, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.203  Monitoring of operations.

    (a) The owner or operator of any wet-process phosphoric acid plant 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a monitoring device which can be used to determine 
the mass flow of phosphorus-bearing feed material to the process. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (b) The owner or operator of any wet-process phosphoric acid plant 
shall maintain a daily record of equivalent P2O5 
feed by first determining the total mass rate in Mg/hr of phosphorus 
bearing feed using a monitoring device for measuring mass flowrate which 
meets the requirements of paragraph (a) of this section and then by 
proceeding according to Sec. 60.204(b)(3).
    (c) The owner or operator of any wet-process phosphoric acid subject 
to the provisions of this part shall install, calibrate, maintain, and 
operate a monitoring device which continuously measures and permanently 
records the total pressure drop across the process scrubbing system. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.

[40 FR 3154, Aug. 6, 1975, as amended at 54 FR 6669, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000]



Sec. 60.204  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).

[[Page 405]]

    (b) The owner or operator shall determine compliance with the total 
fluorides standard in Sec. 60.202 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.007

where:

E=emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
P2O5 feed.
Csi=concentration of total fluorides from emission point 
``i,'' mg/dscm (gr/dscf).
Qsdi=volumetric flow rate of effluent gas from emission point 
``i,'' dscm/hr (dscf/hr).
N=number of emission points associated with the affected facility.
P=equivalent P2O5 feed rate, Mg/hr (ton/hr).
K=conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P=Mp Rp

where:

Mp=total mass flow rate of phosphorus-bearing feed, Mg/hr 
(ton/hr).
Rp=P2O5 content, decimal fraction.

    (i) The accountability system of Sec. 60.203(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec. 60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6669, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



    Subpart U_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Superphosphoric Acid Plants



Sec. 60.210  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each superphosphoric acid plant having a design capacity of 
more than 15 tons of equivalent P2O5 feed per 
calendar day. For the purpose of this subpart, the affected facility 
includes any combination of: evaporators, hot wells, acid sumps, and 
cooling tanks.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983]



Sec. 60.211  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Superphosphoric acid plant means any facility which concentrates 
wet-process phosphoric acid to 66 percent or greater 
P2O5 content by weight for eventual consumption as 
a fertilizer.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec. 60.214, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33155, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.212  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 5.0

[[Page 406]]

g/megagram (Mg) of equivalent P2O5 feed (0.010 lb/
ton).

[40 FR 33155, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.213  Monitoring of operations.

    (a) The owner or operator of any superphosphoric acid plant subject 
to the provisions of this subpart shall install, calibrate, maintain, 
and operate a flow monitoring device which can be used to determine the 
mass flow of phosphorus-bearing feed material to the process. The flow 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (b) The owner or operator of any superphosphoric acid plant shall 
maintain a daily record of equivalent P2O5 feed by 
first determining the total mass rate in Mg/hr of phosphorus-bearing 
feed using a flow monitoring device meeting the requirements of 
paragraph (a) of this section and then by proceeding according to Sec. 
60.214(b)(3).
    (c) The owner or operator of any superphosphoric acid plant subject 
to the provisions of this part shall install, calibrate, maintain, and 
operate a monitoring device which continuously measures and permanently 
records the total pressure drop across the process scrubbing system. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.

[40 FR 33155, Aug. 6, 1975, as amended at 54 FR 6670, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000]



Sec. 60.214  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standard in Sec. 60.212 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.008

where:

E=emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
P2O5 feed.
Csi=concentration of total fluorides from emission point 
``i,'' mg/dscm (gr/dscf).
Qsdi=volumetric flow rate of effluent gas from emission point 
``i,'' dscm/hr (dscf/hr).
N=number of emission points associated with the affected facility.
P=equivalent P2O5 feed rate, Mg/hr (ton/hr).
K=conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P=Mp Rp

where:
Mp=total mass flow rate of phosphorus-bearing feed, Mg/hr 
(ton/hr).
Rp=P2O5 content, decimal fraction.

    (i) The accountability system of Sec. 60.213(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec. 60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6670, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



    Subpart V_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Diammonium Phosphate Plants



Sec. 60.220  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each granular diammonium phosphate plant having a design 
capacity of more than 15 tons of equivalent P2O5 
feed per calendar day. For the purpose of this subpart, the affected 
facility includes any combination of: reactors, granulators, dryers, 
coolers, screens, and mills.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October

[[Page 407]]

22, 1974, is subject to the requirements of this subpart.

[42 FR 37938, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983]



Sec. 60.221  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Granular diammonium phosphate plant means any plant 
manufacturing granular diammonium phosphate by reacting phosphoric acid 
with ammonia.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec. 60.224, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33155, Aug. 6, 1975]



Sec. 60.222  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 30 g/megagram (Mg) of equivalent 
P2O5 feed (0.060 lb/ton).

[40 FR 33155, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.223  Monitoring of operations.

    (a) The owner or operator of any granular diammonium phosphate plant 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a flow monitoring device which can be used to 
determine the mass flow of phosphorus-bearing feed material to the 
process. The flow monitoring device shall have an accuracy of 5 percent over its operating range.
    (b) The owner or operator of any granular diammonium phosphate plant 
shall maintain a daily record of equivalent P2O5 
feed by first determining the total mass rate in Mg/hr of phosphorus-
bearing feed using a flow monitoring device meeting the requirements of 
paragraph (a) of this section and then by proceeding according to Sec. 
60.224(b)(3).
    (c) The owner or operator of any granular diammonium phosphate plant 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a monitoring device which continuously measures 
and permanently records the total pressure drop across the scrubbing 
system. The monitoring device shall have an accuracy of 5 percent over its operating range.

[40 FR 33155, Aug. 6, 1975, as amended at 54 FR 6670, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000]



Sec. 60.224  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standard in Sec. 60.222 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.009

where:

E=emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
P2O5 feed.
Csi=concentration of total fluorides from emission point 
``i,'' mg/dscm (gr/dscf).
Qsdi=volumetric flow rate of effluent gas from emission point 
``i,'' dscm/hr (dscf/hr).
N=number of emission points associated with the affected facility.
P=equivalent P2O5 feed rate, Mg/hr (ton/hr).
K=conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P=Mp Rp

where:


[[Page 408]]


Mp=total mass flow rate of phosphorus-bearing feed, Mg/hr 
(ton/hr).
Rp=P2O5 content, decimal fraction.

    (i) The accountability system of Sec. 60.223(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorported by reference--see Sec. 60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6670, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



    Subpart W_Standards of Performance for the Phosphate Fertilizer 
                 Industry: Triple Superphosphate Plants



Sec. 60.230  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each triple superphosphate plant having a design capacity of 
more than 15 tons of equivalent P2O5 feed per 
calendar day. For the purpose of this subpart, the affected facility 
includes any combination of: mixers, curing belts (dens), reactors, 
granulators, dryers, cookers, screens, mills, and facilities which store 
run-of-pile triple superphosphate.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983]



Sec. 60.231  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Triple superphosphate plant means any facility manufacturing 
triple superphosphate by reacting phosphate rock with phosphoric acid. A 
run-of-pile triple superphosphate plant includes curing and storing.
    (b) Run-of-pile triple superphosphate means any triple 
superphosphate that has not been processed in a granulator and is 
composed of particles at least 25 percent by weight of which (when not 
caked) will pass through a 16 mesh screen.
    (c) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec. 60.234, or 
equivalent or alternative methods.
    (d) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33156, Aug. 6, 1975]



Sec. 60.232  Standard for fluorides.

    On and after the date on which the performance test required to be 
conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 100 g/megagram (Mg) of equivalent 
P2O5 feed (0.20 lb/ton).

[40 FR 33156, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec. 60.233  Monitoring of operations.

    The owner or operator of any triple superphosphate plant subject to 
the provisions of this subpart shall install, calibrate, maintain, and 
operate a flow monitoring device which can be used to determine the mass 
flow of phosphorus-bearing feed material to the process. The flow 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    The owner or operator of any triple superphosphate plant shall 
maintain a daily record of equivalent P2O5 feed by 
first determining the total mass rate in Mg/hr of phosphorus-bearing 
feed using a flow monitoring device meeting the requirements of 
paragraph (a) of this section and then by proceeding according to Sec. 
60.234(b)(3).
    The owner or operator of any triple superphosphate plant subject to 
the provisions of this part shall install, calibrate, maintain, and 
operate a monitoring device which continuously measures and permanently 
records the total pressure drop across the process

[[Page 409]]

scrubbing system. The monitoring device shall have an accuracy of 5 percent over its operating range.

[40 FR 33156, Aug. 6, 1975, as amended at 54 FR 6670, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000]



Sec. 60.234  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standards in Sec. 60.232 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.010

where:

E=emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
P2O5 feed.
Csi=concentration of total fluorides from emission point 
``i,'' mg/dscm (gr/dscf).
Qsdi=volumetric flow rate of effluent gas from emission point 
``i,'' dscm/hr (dscf/hr).
N=number of emission points in the affected facility.
P=equivalent P2O5 feed rate, Mg/hr (ton/hr).
K=conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13b shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P = Mp Rp

where:

Mp total mass flow rate of phosphorus-bearing feed, Mg/hr 
(ton/hr).
Rp=P2O5 content, decimal fraction.

    (i) The accountability system of Sec. 60.233(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec. 60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6670, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 65 
FR 61757, Oct. 17, 2000]



    Subpart X_Standards of Performance for the Phosphate Fertilizer 
       Industry: Granular Triple Superphosphate Storage Facilities



Sec. 60.240  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each granular triple superphosphate storage facility. For the 
purpose of this subpart, the affected facility includes any combination 
of: Storage or curing piles, conveyors, elevators, screens and mills.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977]



Sec. 60.241  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Granular triple superphosphate storage facility means any 
facility curing or storing fresh granular triple superphosphate.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec. 60.244, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 stored means the quantity 
of phosphorus, expressed as phosphorus pentoxide, being cured or stored 
in the affected facility.
    (d) Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.

[40 FR 33156, Aug. 6, 1975, as amended at 62 FR 18280, Apr. 15, 1997; 65 
FR 61757, Oct. 17, 2000]

[[Page 410]]



Sec. 60.242  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 0.25 g/hr/megagram (Mg) of equivalent 
P2O5 stored (5.0 x 10 -4 lb/hr/ton of 
equivalent P2O5 stored).
    (b) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.

[40 FR 33156, Aug. 6, 1975, as amended at 62 FR 18280, Apr. 15, 1997; 65 
FR 61757, Oct. 17, 2000]



Sec. 60.243  Monitoring of operations.

    (a) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
maintain an accurate account of triple superphosphate in storage to 
permit the determination of the amount of equivalent 
P2O5 stored.
    (b) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
maintain a daily record of total equivalent P2O5 
stored by multiplying the percentage P2O5 content, 
as determined by Sec. 60.244(c)(3), times the total mass of granular 
triple superphosphate stored.
    (c) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
install, calibrate, maintain, and operate a monitoring device which 
continuously measures and permanently records the total pressure drop 
across any process scrubbing system. The monitoring device shall have an 
accuracy of 5 percent over its operating range.
    (d) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall develop 
for approval by the Administrator a site-specific methodology including 
sufficient recordkeeping for the purposes of demonstrating compliance 
with Sec. 60.242 (b).

[40 FR 33156, Aug. 6, 1975, as amended at 54 FR 6671, Feb. 14, 1989; 62 
FR 18280, Apr. 15, 1997]



Sec. 60.244  Test methods and procedures.

    (a) The owner or operator shall conduct performance tests required 
in Sec. 60.8 only when the following quantities of product are being 
cured or stored in the facility.
    (1) Total granular triple superphosphate is at least 10 percent of 
the building capacity, and
    (2) Fresh granular triple superphosphate is at least 6 percent of 
the total amount of triple superphosphate, or
    (3) If the provision in paragraph (a)(2) of this section exceeds 
production capabilities for fresh granular triple superphosphate, fresh 
granular triple superphosphate is equal to at least 5 days maximum 
production.
    (b) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (c) The owner or operator shall determine compliance with the total 
fluorides standard in Sec. 60.242 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.011

where:

E=emission rate of total fluorides, g/hr/Mg (lb/hr/ton) of equivalent 
P2O5 stored.
Csi=concentration of total fluorides from emission point 
``i,'' mg/dscm (gr/dscf).
Qsdi=volumetric flow rate of effluent gas from emission point 
``i,'' dscm/hr (dscf/hr).
N=number of emission points in the affected facility.
P=equivalent P2O5 stored, metric tons (tons).
K=conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run

[[Page 411]]

shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P=Mp Rp

where:

Mp=amount of product in storage, Mg (ton).
Rp=P2O5 content of product in storage, 
weight fraction.

    (i) The accountability system of Sec. 60.243(a) shall be used to 
determine the amount of product (Mp) in storage.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec. 60.17) shall be used to determine 
the P2O5 content (Rp) of the product in 
storage.

[54 FR 6671, Feb. 14, 1989, as amended at 62 FR 18280, Apr. 15, 1997; 65 
FR 61757, Oct. 17, 2000]

    Editorial Note: At 65 FR 61757, Oct. 17, 2000, Sec. 60.244 (c)(1) 
was amended. However, the instruction, which read in part, ``revising 
the words ``metric ton'' the words ``(453,600 mg/lb)'' in the definition 
of the term ``K'' to read ``(7,000 gr/lb).'' . . . '' could not be 
incorporated because of inaccurate amendatory language.



 Subpart Y_Standards of Performance for Coal Preparation and Processing 
                                 Plants

    Source: 74 FR 51977, Oct. 8, 2009, unless otherwise noted.



Sec. 60.250  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to affected facilities in 
coal preparation and processing plants that process more than 181 
megagrams (Mg) (200 tons) of coal per day.
    (b) The provisions in Sec. 60.251, Sec. 60.252(a), Sec. 
60.253(a), Sec. 60.254(a), Sec. 60.255(a), and Sec. 60.256(a) of this 
subpart are applicable to any of the following affected facilities that 
commenced construction, reconstruction or modification after October 27, 
1974, and on or before April 28, 2008: Thermal dryers, pneumatic coal-
cleaning equipment (air tables), coal processing and conveying equipment 
(including breakers and crushers), and coal storage systems, transfer 
and loading systems.
    (c) The provisions in Sec. 60.251, Sec. 60.252(b)(1) and (c), 
Sec. 60.253(b), Sec. 60.254(b), Sec. 60.255(b) through (h), Sec. 
60.256(b) and (c), Sec. 60.257, and Sec. 60.258 of this subpart are 
applicable to any of the following affected facilities that commenced 
construction, reconstruction or modification after April 28, 2008, and 
on or before May 27, 2009: Thermal dryers, pneumatic coal-cleaning 
equipment (air tables), coal processing and conveying equipment 
(including breakers and crushers), and coal storage systems, transfer 
and loading systems.
    (d) The provisions in Sec. 60.251, Sec. 60.252(b)(1) through (3), 
and (c), Sec. 60.253(b), Sec. 60.254(b) and (c), Sec. 60.255(b) 
through (h), Sec. 60.256(b) and (c), Sec. 60.257, and Sec. 60.258 of 
this subpart are applicable to any of the following affected facilities 
that commenced construction, reconstruction or modification after May 
27, 2009: Thermal dryers, pneumatic coal-cleaning equipment (air 
tables), coal processing and conveying equipment (including breakers and 
crushers), coal storage systems, transfer and loading systems, and open 
storage piles.



Sec. 60.251  Definitions.

    As used in this subpart, all terms not defined herein have the 
meaning given them in the Clean Air Act (Act) and in subpart A of this 
part.
    (a) Anthracite means coal that is classified as anthracite according 
to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec. 60.17).
    (b) Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust loadings) in 
the exhaust of a fabric filter to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited to, 
an instrument that operates on triboelectric, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    (c) Bituminous coal means solid fossil fuel classified as bituminous 
coal by ASTM D388 (incorporated by reference--see Sec. 60.17).
    (d) Coal means:

[[Page 412]]

    (1) For units constructed, reconstructed, or modified on or before 
May 27, 2009, all solid fossil fuels classified as anthracite, 
bituminous, subbituminous, or lignite by ASTM D388 (incorporated by 
reference--see Sec. 60.17).
    (2) For units constructed, reconstructed, or modified after May 27, 
2009, all solid fossil fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM D388 (incorporated by reference--see 
Sec. 60.17), and coal refuse.
    (e) Coal preparation and processing plant means any facility 
(excluding underground mining operations) which prepares coal by one or 
more of the following processes: breaking, crushing, screening, wet or 
dry cleaning, and thermal drying.
    (f) Coal processing and conveying equipment means any machinery used 
to reduce the size of coal or to separate coal from refuse, and the 
equipment used to convey coal to or remove coal and refuse from the 
machinery. This includes, but is not limited to, breakers, crushers, 
screens, and conveyor belts. Equipment located at the mine face is not 
considered to be part of the coal preparation and processing plant.
    (g) Coal refuse means waste products of coal mining, physical coal 
cleaning, and coal preparation operations (e.g. culm, gob, etc.) 
containing coal, matrix material, clay, and other organic and inorganic 
material.
    (h) Coal storage system means any facility used to store coal except 
for open storage piles.
    (i) Design controlled potential PM emissions rate means the 
theoretical particulate matter (PM) emissions (Mg) that would result 
from the operation of a control device at its design emissions rate 
(grams per dry standard cubic meter (g/dscm)), multiplied by the maximum 
design flow rate (dry standard cubic meter per minute (dscm/min)), 
multiplied by 60 (minutes per hour (min/hr)), multiplied by 8,760 (hours 
per year (hr/yr)), divided by 1,000,000 (megagrams per gram (Mg/g)).
    (j) Indirect thermal dryer means a thermal dryer that reduces the 
moisture content of coal through indirect heating of the coal through 
contact with a heat transfer medium. If the source of heat (the source 
of combustion or furnace) is subject to another subpart of this part, 
then the furnace and the associated emissions are not part of the 
affected facility. However, if the source of heat is not subject to 
another subpart of this part, then the furnace and the associated 
emissions are part of the affected facility.
    (k) Lignite means coal that is classified as lignite A or B 
according to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec. 60.17).
    (l) Mechanical vent means any vent that uses a powered mechanical 
drive (machine) to induce air flow.
    (m) Open storage pile means any facility, including storage area, 
that is not enclosed that is used to store coal, including the equipment 
used in the loading, unloading, and conveying operations of the 
facility.
    (n) Operating day means a 24-hour period between 12 midnight and the 
following midnight during which coal is prepared or processed at any 
time by the affected facility. It is not necessary that coal be prepared 
or processed the entire 24-hour period.
    (o) Pneumatic coal-cleaning equipment means:
    (1) For units constructed, reconstructed, or modified on or before 
May 27, 2009, any facility which classifies bituminous coal by size or 
separates bituminous coal from refuse by application of air stream(s).
    (2) For units constructed, reconstructed, or modified after May 27, 
2009, any facility which classifies coal by size or separates coal from 
refuse by application of air stream(s).
    (p) Potential combustion concentration means the theoretical 
emissions (nanograms per joule (ng/J) or pounds per million British 
thermal units (lb/MMBtu) heat input) that would result from combustion 
of a fuel in an uncleaned state without emission control systems, as 
determined using Method 19 of appendix A-7 of this part.
    (q) Subbituminous coal means coal that is classified as 
subbituminous A, B, or C according to the American Society of Testing 
and Materials in ASTM D388 (incorporated by reference, see Sec. 60.17).
    (r) Thermal dryer means:

[[Page 413]]

    (1) For units constructed, reconstructed, or modified on or before 
May 27, 2009, any facility in which the moisture content of bituminous 
coal is reduced by contact with a heated gas stream which is exhausted 
to the atmosphere.
    (2) For units constructed, reconstructed, or modified after May 27, 
2009, any facility in which the moisture content of coal is reduced by 
either contact with a heated gas stream which is exhausted to the 
atmosphere or through indirect heating of the coal through contact with 
a heated heat transfer medium.
    (s) Transfer and loading system means any facility used to transfer 
and load coal for shipment.



Sec. 60.252  Standards for thermal dryers.

    (a) On and after the date on which the performance test is conducted 
or required to be completed under Sec. 60.8, whichever date comes 
first, an owner or operator of a thermal dryer constructed, 
reconstructed, or modified on or before April 28, 2008, subject to the 
provisions of this subpart must meet the requirements in paragraphs 
(a)(1) and (a)(2) of this section.
    (1) The owner or operator shall not cause to be discharged into the 
atmosphere from the thermal dryer any gases which contain PM in excess 
of 0.070 g/dscm (0.031 grains per dry standard cubic feet (gr/dscf)); 
and
    (2) The owner or operator shall not cause to be discharged into the 
atmosphere from the thermal dryer any gases which exhibit 20 percent 
opacity or greater.
    (b) Except as provided in paragraph (c) of this section, on and 
after the date on which the performance test is conducted or required to 
be completed under Sec. 60.8, whichever date comes first, an owner or 
operator of a thermal dryer constructed, reconstructed, or modified 
after April 28, 2008, subject to the provisions of this subpart must 
meet the applicable standards for PM and opacity, as specified in 
paragraph (b)(1) of this section. In addition, and except as provided in 
paragraph (c) of this section, on and after the date on which the 
performance test is conducted or required to be completed under Sec. 
60.8, whichever date comes first, an owner or operator of a thermal 
dryer constructed, reconstructed, or modified after May 29, 2009, 
subject to the provisions of this subpart must also meet the applicable 
standards for sulfur dioxide (SO2), and combined nitrogen 
oxides (NOX) and carbon monoxide (CO) as specified in 
paragraphs (b)(2) and (b)(3) of this section.
    (1) The owner or operator must meet the requirements for PM 
emissions in paragraphs (b)(1)(i) through (iii) of this section, as 
applicable to the affected facility.
    (i) For each thermal dryer constructed or reconstructed after April 
28, 2008, the owner or operator must meet the requirements of 
(b)(1)(i)(A) and (b)(1)(i)(B).
    (A) The owner or operator must not cause to be discharged into the 
atmosphere from the thermal dryer any gases that contain PM in excess of 
0.023 g/dscm (0.010 grains per dry standard cubic feet (gr/dscf)); and
    (B) The owner or operator must not cause to be discharged into the 
atmosphere from the thermal dryer any gases that exhibit 10 percent 
opacity or greater.
    (ii) For each thermal dryer modified after April 28, 2008, the owner 
or operator must meet the requirements of paragraphs (b)(1)(ii)(A) and 
(b)(1)(ii)(B) of this section.
    (A) The owner or operator must not cause to be discharged to the 
atmosphere from the affected facility any gases which contain PM in 
excess of 0.070 g/dscm (0.031 gr/dscf); and
    (B) The owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases which exhibit 20 percent 
opacity or greater.
    (2) Except as provided in paragraph (b)(2)(iii) of this section, for 
each thermal dryer constructed, reconstructed, or modified after May 27, 
2009, the owner or operator must meet the requirements for 
SO2 emissions in either paragraph (b)(2)(i) or (b)(2)(ii) of 
this section.
    (i) The owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases that contain 
SO2 in excess of 85 ng/J (0.20 lb/MMBtu) heat input; or

[[Page 414]]

    (ii) The owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases that either contain 
SO2 in excess of 520 ng/J (1.20 lb/MMBtu) heat input or 
contain SO2 in excess of 10 percent of the potential 
combustion concentration (i.e., the facility must achieve at least a 90 
percent reduction of the potential combustion concentration and may not 
exceed a maximum emissions rate of 1.2 lb/MMBtu (520 ng/J)).
    (iii) Thermal dryers that receive all of their thermal input from a 
source other than coal or residual oil, that receive all of their 
thermal input from a source subject to an SO2 limit under 
another subpart of this part, or that use waste heat or residual from 
the combustion of coal or residual oil as their only thermal input are 
not subject to the SO2 limits of this section.
    (3) Except as provided in paragraph (b)(3)(iii) of this section, the 
owner or operator must meet the requirements for combined NOX 
and CO emissions in paragraph (b)(3)(i) or (b)(3)(ii) of this section, 
as applicable to the affected facility.
    (i) For each thermal dryer constructed after May 27, 2009, the owner 
or operator must not cause to be discharged into the atmosphere from the 
affected facility any gases which contain a combined concentration of 
NOX and CO in excess of 280 ng/J (0.65 lb/MMBtu) heat input.
    (ii) For each thermal dryer reconstructed or modified after May 27, 
2009, the owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases which contain combined 
concentration of NOX and CO in excess of 430 ng/J (1.0 lb/
MMBtu) heat input.
    (iii) Thermal dryers that receive all of their thermal input from a 
source other than coal or residual oil, that receive all of their 
thermal input from a source subject to a NOX limit and/or CO 
limit under another subpart of this part, or that use waste heat or 
residual from the combustion of coal or residual oil as their only 
thermal input, are not subject to the combined NOX and CO 
limits of this section.
    (c) Thermal dryers receiving all of their thermal input from an 
affected facility covered under another 40 CFR Part 60 subpart must meet 
the applicable requirements in that subpart but are not subject to the 
requirements in this subpart.



Sec. 60.253  Standards for pneumatic coal-cleaning equipment.

    (a) On and after the date on which the performance test is conducted 
or required to be completed under Sec. 60.8, whichever date comes 
first, an owner or operator of pneumatic coal-cleaning equipment 
constructed, reconstructed, or modified on or before April 28, 2008, 
must meet the requirements of paragraphs (a)(1) and (a)(2) of this 
section.
    (1) The owner or operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
contain PM in excess of 0.040 g/dscm (0.017 gr/dscf); and
    (2) The owner or operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
exhibit 10 percent opacity or greater.
    (b) On and after the date on which the performance test is conducted 
or required to be completed under Sec. 60.8, whichever date comes 
first, an owner or operator of pneumatic coal-cleaning equipment 
constructed, reconstructed, or modified after April 28, 2008, must meet 
the requirements in paragraphs (b)(1) and (b)(2) of this section.
    (1) The owner of operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
contain PM in excess or 0.023 g/dscm (0.010 gr/dscf); and
    (2) The owner or operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
exhibit greater than 5 percent opacity.



Sec. 60.254  Standards for coal processing and conveying equipment,
coal storage systems, transfer and loading systems, and open storage piles.

    (a) On and after the date on which the performance test is conducted 
or required to be completed under Sec. 60.8, whichever date comes 
first, an owner or operator shall not cause to be discharged into the 
atmosphere from any

[[Page 415]]

coal processing and conveying equipment, coal storage system, or coal 
transfer and loading system processing coal constructed, reconstructed, 
or modified on or before April 28, 2008, gases which exhibit 20 percent 
opacity or greater.
    (b) On and after the date on which the performance test is conducted 
or required to be completed under Sec. 60.8, whichever date comes 
first, an owner or operator of any coal processing and conveying 
equipment, coal storage system, or coal transfer and loading system 
processing coal constructed, reconstructed, or modified after April 28, 
2008, must meet the requirements in paragraphs (b)(1) through (3) of 
this section, as applicable to the affected facility.
    (1) Except as provided in paragraph (b)(3) of this section, the 
owner or operator must not cause to be discharged into the atmosphere 
from the affected facility any gases which exhibit 10 percent opacity or 
greater.
    (2) The owner or operator must not cause to be discharged into the 
atmosphere from any mechanical vent on an affected facility gases which 
contain particulate matter in excess of 0.023 g/dscm (0.010 gr/dscf).
    (3) Equipment used in the loading, unloading, and conveying 
operations of open storage piles are not subject to the opacity 
limitations of paragraph (b)(1) of this section.
    (c) The owner or operator of an open storage pile, which includes 
the equipment used in the loading, unloading, and conveying operations 
of the affected facility, constructed, reconstructed, or modified after 
May 27, 2009, must prepare and operate in accordance with a submitted 
fugitive coal dust emissions control plan that is appropriate for the 
site conditions as specified in paragraphs (c)(1) through (6) of this 
section.
    (1) The fugitive coal dust emissions control plan must identify and 
describe the control measures the owner or operator will use to minimize 
fugitive coal dust emissions from each open storage pile.
    (2) For open coal storage piles, the fugitive coal dust emissions 
control plan must require that one or more of the following control 
measures be used to minimize to the greatest extent practicable fugitive 
coal dust: Locating the source inside a partial enclosure, installing 
and operating a water spray or fogging system, applying appropriate 
chemical dust suppression agents on the source (when the provisions of 
paragraph (c)(6) of this section are met), use of a wind barrier, 
compaction, or use of a vegetative cover. The owner or operator must 
select, for inclusion in the fugitive coal dust emissions control plan, 
the control measure or measures listed in this paragraph that are most 
appropriate for site conditions. The plan must also explain how the 
measure or measures selected are applicable and appropriate for site 
conditions. In addition, the plan must be revised as needed to reflect 
any changing conditions at the source.
    (3) Any owner or operator of an affected facility that is required 
to have a fugitive coal dust emissions control plan may petition the 
Administrator to approve, for inclusion in the plan for the affected 
facility, alternative control measures other than those specified in 
paragraph (c)(2) of this section as specified in paragraphs (c)(3)(i) 
through (iv) of this section.
    (i) The petition must include a description of the alternative 
control measures, a copy of the fugitive coal dust emissions control 
plan for the affected facility that includes the alternative control 
measures, and information sufficient for EPA to evaluate the 
demonstrations required by paragraph (c)(3)(ii) of this section.
    (ii) The owner or operator must either demonstrate that the fugitive 
coal dust emissions control plan that includes the alternate control 
measures will provide equivalent overall environmental protection or 
demonstrate that it is either economically or technically infeasible for 
the affected facility to use the control measures specifically 
identified in paragraph (c)(2).
    (iii) While the petition is pending, the owner or operator must 
comply with the fugitive coal dust emissions control plan including the 
alternative control measures submitted with the petition. Operation in 
accordance with the plan submitted with the petition

[[Page 416]]

shall be deemed to constitute compliance with the requirement to operate 
in accordance with a fugitive coal dust emissions control plan that 
contains one of the control measures specifically identified in 
paragraph (c)(2) of this section while the petition is pending.
    (iv) If the petition is approved by the Administrator, the 
alternative control measures will be approved for inclusion in the 
fugitive coal dust emissions control plan for the affected facility. In 
lieu of amending this subpart, a letter will be sent to the facility 
describing the specific control measures approved. The facility shall 
make any such letters and the applicable fugitive coal dust emissions 
control plan available to the public. If the Administrator determines it 
is appropriate, the conditions and requirements of the letter can be 
reviewed and changed at any point.
    (4) The owner or operator must submit the fugitive coal dust 
emissions control plan to the Administrator or delegated authority as 
specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.
    (i) The plan must be submitted to the Administrator or delegated 
authority prior to startup of the new, reconstructed, or modified 
affected facility, or 30 days after the effective date of this rule, 
whichever is later.
    (ii) The plan must be revised as needed to reflect any changing 
conditions at the source. Such revisions must be dated and submitted to 
the Administrator or delegated authority before a source can operate 
pursuant to these revisions. The Administrator or delegated authority 
may also object to such revisions as specified in paragraph (c)(5) of 
this section.
    (5) The Administrator or delegated authority may object to the 
fugitive coal dust emissions control plan as specified in paragraphs 
(c)(5)(i) and (c)(5)(ii) of this section.
    (i) The Administrator or delegated authority may object to any 
fugitive coal dust emissions control plan that it has determined does 
not meet the requirements of paragraphs (c)(1) and (c)(2) of this 
section.
    (ii) If an objection is raised, the owner or operator, within 30 
days from receipt of the objection, must submit a revised fugitive coal 
dust emissions control plan to the Administrator or delegated authority. 
The owner or operator must operate in accordance with the revised 
fugitive coal dust emissions control plan. The Administrator or 
delegated authority retain the right, under paragraph (c)(5) of this 
section, to object to the revised control plan if it determines the plan 
does not meet the requirements of paragraphs (c)(1) and (c)(2) of this 
section.
    (6) Where appropriate chemical dust suppression agents are selected 
by the owner or operator as a control measure to minimize fugitive coal 
dust emissions, (1) only chemical dust suppressants with Occupational 
Safety and Health Administration (OSHA)-compliant material safety data 
sheets (MSDS) are to be allowed; (2) the MSDS must be included in the 
fugitive coal dust emissions control plan; and (3) the owner or operator 
must consider and document in the fugitive coal dust emissions control 
plan the site-specific impacts associated with the use of such chemical 
dust suppressants.



Sec. 60.255  Performance tests and other compliance requirements.

    (a) An owner or operator of each affected facility that commenced 
construction, reconstruction, or modification on or before April 28, 
2008, must conduct all performance tests required by Sec. 60.8 to 
demonstrate compliance with the applicable emission standards using the 
methods identified in Sec. 60.257.
    (b) An owner or operator of each affected facility that commenced 
construction, reconstruction, or modification after April 28, 2008, must 
conduct performance tests according to the requirements of Sec. 60.8 
and the methods identified in Sec. 60.257 to demonstrate compliance 
with the applicable emissions standards in this subpart as specified in 
paragraphs (b)(1) and (2) of this section.
    (1) For each affected facility subject to a PM, SO2, or 
combined NOX and CO emissions standard, an initial 
performance test must be performed. Thereafter, a new performance test 
must be conducted according the requirements in paragraphs (b)(1)(i) 
through (iii) of this section, as applicable.

[[Page 417]]

    (i) If the results of the most recent performance test demonstrate 
that emissions from the affected facility are greater than 50 percent of 
the applicable emissions standard, a new performance test must be 
conducted within 12 calendar months of the date that the previous 
performance test was required to be completed.
    (ii) If the results of the most recent performance test demonstrate 
that emissions from the affected facility are 50 percent or less of the 
applicable emissions standard, a new performance test must be conducted 
within 24 calendar months of the date that the previous performance test 
was required to be completed.
    (iii) An owner or operator of an affected facility that has not 
operated for the 60 calendar days prior to the due date of a performance 
test is not required to perform the subsequent performance test until 30 
calendar days after the next operating day.
    (2) For each affected facility subject to an opacity standard, an 
initial performance test must be performed. Thereafter, a new 
performance test must be conducted according to the requirements in 
paragraphs (b)(2)(i) through (iii) of this section, as applicable, 
except as provided for in paragraphs (e) and (f) of this section. 
Performance test and other compliance requirements for coal truck dump 
operations are specified in paragraph (h) of this section.
    (i) If any 6-minute average opacity reading in the most recent 
performance test exceeds half the applicable opacity limit, a new 
performance test must be conducted within 90 operating days of the date 
that the previous performance test was required to be completed.
    (ii) If all 6-minute average opacity readings in the most recent 
performance test are equal to or less than half the applicable opacity 
limit, a new performance test must be conducted within 12 calendar 
months of the date that the previous performance test was required to be 
completed.
    (iii) An owner or operator of an affected facility continuously 
monitoring scrubber parameters as specified in Sec. 60.256(b)(2) is 
exempt from the requirements in paragraphs (b)(2)(i) and (ii) if opacity 
performance tests are conducted concurrently with (or within a 60-minute 
period of) PM performance tests.
    (c) If any affected coal processing and conveying equipment (e.g., 
breakers, crushers, screens, conveying systems), coal storage systems, 
or coal transfer and loading systems that commenced construction, 
reconstruction, or modification after April 28, 2008, are enclosed in a 
building, and emissions from the building do not exceed any of the 
standards in Sec. 60.254 that apply to the affected facility, then the 
facility shall be deemed to be in compliance with such standards.
    (d) An owner or operator of an affected facility (other than a 
thermal dryer) that commenced construction, reconstruction, or 
modification after April 28, 2008, is subject to a PM emission standard 
and uses a control device with a design controlled potential PM 
emissions rate of 1.0 Mg (1.1 tons) per year or less is exempted from 
the requirements of paragraphs (b)(1)(i) and (ii) of this section 
provided that the owner or operator meets all of the conditions 
specified in paragraphs (d)(1) through (3) of this section. This 
exemption does not apply to thermal dryers.
    (1) PM emissions, as determined by the most recent performance test, 
are less than or equal to the applicable limit,
    (2) The control device manufacturer's recommended maintenance 
procedures are followed, and
    (3) All 6-minute average opacity readings from the most recent 
performance test are equal to or less than half the applicable opacity 
limit or the monitoring requirements in paragraphs (e) or (f) of this 
section are followed.
    (e) For an owner or operator of a group of up to five of the same 
type of affected facilities that commenced construction, reconstruction, 
or modification after April 28, 2008, that are subject to PM emissions 
standards and use identical control devices, the Administrator or 
delegated authority may allow the owner or operator to use a single PM 
performance test for one of the affected control devices to demonstrate 
that the group of affected facilities is in compliance with the 
applicable emissions standards provided that the owner or operator meets 
all of

[[Page 418]]

the conditions specified in paragraphs (e)(1) through (3) of this 
section.
    (1) PM emissions from the most recent performance test for each 
individual affected facility are 90 percent or less of the applicable PM 
standard;
    (2) The manufacturer's recommended maintenance procedures are 
followed for each control device; and
    (3) A performance test is conducted on each affected facility at 
least once every 5 calendar years.
    (f) As an alternative to meeting the requirements in paragraph 
(b)(2) of this section, an owner or operator of an affected facility 
that commenced construction, reconstruction, or modification after April 
28, 2008, may elect to comply with the requirements in paragraph (f)(1) 
or (f)(2) of this section.
    (1) Monitor visible emissions from each affected facility according 
to the requirements in paragraphs (f)(1)(i) through (iii) of this 
section.
    (i) Conduct one daily 15-second observation each operating day for 
each affected facility (during normal operation) when the coal 
preparation and processing plant is in operation. Each observation must 
be recorded as either visible emissions observed or no visible emissions 
observed. Each observer determining the presence of visible emissions 
must meet the training requirements specified in Sec. 2.3 of Method 22 
of appendix A-7 of this part. If visible emissions are observed during 
any 15-second observation, the owner or operator must adjust the 
operation of the affected facility and demonstrate within 24 hours that 
no visible emissions are observed from the affected facility. If visible 
emissions are observed, a Method 9, of appendix A-4 of this part, 
performance test must be conducted within 45 operating days.
    (ii) Conduct monthly visual observations of all process and control 
equipment. If any deficiencies are observed, the necessary maintenance 
must be performed as expeditiously as possible.
    (iii) Conduct a performance test using Method 9 of appendix A-4 of 
this part at least once every 5 calendar years for each affected 
facility.
    (2) Prepare a written site-specific monitoring plan for a digital 
opacity compliance system for approval by the Administrator or delegated 
authority. The plan shall require observations of at least one digital 
image every 15 seconds for 10-minute periods (during normal operation) 
every operating day. An approvable monitoring plan must include a 
demonstration that the occurrences of visible emissions are not in 
excess of 5 percent of the observation period. For reference purposes in 
preparing the monitoring plan, see OAQPS ``Determination of Visible 
Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Group (D243-02), Research Triangle Park, NC 27711. This 
document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods. The monitoring 
plan approved by the Administrator or delegated authority shall be 
implemented by the owner or operator.
    (g) As an alternative to meeting the requirements in paragraph 
(b)(2) of this section, an owner or operator of an affected facility 
that commenced construction, reconstruction, or modification after April 
28, 2008, subject to a visible emissions standard under this subpart may 
install, operate, and maintain a continuous opacity monitoring system 
(COMS). Each COMS used to comply with provisions of this subpart must be 
installed, calibrated, maintained, and continuously operated according 
to the requirements in paragraphs (g)(1) and (2) of this section.
    (1) The COMS must meet Performance Specification 1 in 40 CFR part 
60, appendix B.
    (2) The COMS must comply with the quality assurance requirements in 
paragraphs (g)(2)(i) through (v) of this section.
    (i) The owner or operator must automatically (intrinsic to the 
opacity monitor) check the zero and upscale (span) calibration drifts at 
least once daily. For particular COMS, the acceptable range of zero and 
upscale calibration materials is as defined in the applicable version of 
Performance Specification 1 in 40 CFR part 60, appendix B.

[[Page 419]]

    (ii) The owner or operator must adjust the zero and span whenever 
the 24-hour zero drift or 24-hour span drift exceeds 4 percent opacity. 
The COMS must allow for the amount of excess zero and span drift 
measured at the 24-hour interval checks to be recorded and quantified. 
The optical surfaces exposed to the effluent gases must be cleaned prior 
to performing the zero and span drift adjustments, except for systems 
using automatic zero adjustments. For systems using automatic zero 
adjustments, the optical surfaces must be cleaned when the cumulative 
automatic zero compensation exceeds 4 percent opacity.
    (iii) The owner or operator must apply a method for producing a 
simulated zero opacity condition and an upscale (span) opacity condition 
using a certified neutral density filter or other related technique to 
produce a known obscuration of the light beam. All procedures applied 
must provide a system check of the analyzer internal optical surfaces 
and all electronic circuitry including the lamp and photodetector 
assembly.
    (iv) Except during periods of system breakdowns, repairs, 
calibration checks, and zero and span adjustments, the COMS must be in 
continuous operation and must complete a minimum of one cycle of 
sampling and analyzing for each successive 10-second period and one 
cycle of data recording for each successive 6-minute period.
    (v) The owner or operator must reduce all data from the COMS to 6-
minute averages. Six-minute opacity averages must be calculated from 36 
or more data points equally spaced over each 6-minute period. Data 
recorded during periods of system breakdowns, repairs, calibration 
checks, and zero and span adjustments must not be included in the data 
averages. An arithmetic or integrated average of all data may be used.
    (h) The owner or operator of each affected coal truck dump operation 
that commenced construction, reconstruction, or modification after April 
28, 2008, must meet the requirements specified in paragraphs (h)(1) 
through (3) of this section.
    (1) Conduct an initial performance test using Method 9 of appendix 
A-4 of this part according to the requirements in paragraphs (h)(1)(i) 
and(ii).
    (i) Opacity readings shall be taken during the duration of three 
separate truck dump events. Each truck dump event commences when the 
truck bed begins to elevate and concludes when the truck bed returns to 
a horizontal position.
    (ii) Compliance with the applicable opacity limit is determined by 
averaging all 15-second opacity readings made during the duration of 
three separate truck dump events.
    (2) Conduct monthly visual observations of all process and control 
equipment. If any deficiencies are observed, the necessary maintenance 
must be performed as expeditiously as possible.
    (3) Conduct a performance test using Method 9 of appendix A-4 of 
this part at least once every 5 calendar years for each affected 
facility.



Sec. 60.256  Continuous monitoring requirements.

    (a) The owner or operator of each affected facility constructed, 
reconstructed, or modified on or before April 28, 2008, must meet the 
monitoring requirements specified in paragraphs (a)(1) and (2) of this 
section, as applicable to the affected facility.
    (1) The owner or operator of any thermal dryer shall install, 
calibrate, maintain, and continuously operate monitoring devices as 
follows:
    (i) A monitoring device for the measurement of the temperature of 
the gas stream at the exit of the thermal dryer on a continuous basis. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1.7 [deg]C (3 [deg]F).
    (ii) For affected facilities that use wet scrubber emission control 
equipment:
    (A) A monitoring device for the continuous measurement of the 
pressure loss through the venturi constriction of the control equipment. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1 inch water gauge.
    (B) A monitoring device for the continuous measurement of the water 
supply pressure to the control equipment. The monitoring device is to be 
certified by the manufacturer to be accurate

[[Page 420]]

within 5 percent of design water supply pressure. 
The pressure sensor or tap must be located close to the water discharge 
point. The Administrator shall have discretion to grant requests for 
approval of alternative monitoring locations.
    (2) All monitoring devices under paragraph (a) of this section are 
to be recalibrated annually in accordance with procedures under Sec. 
60.13(b).
    (b) The owner or operator of each affected facility constructed, 
reconstructed, or modified after April 28, 2008, that has one or more 
mechanical vents must install, calibrate, maintain, and continuously 
operate the monitoring devices specified in paragraphs (b)(1) through 
(3) of this section, as applicable to the mechanical vent and any 
control device installed on the vent.
    (1) For mechanical vents with fabric filters (baghouses) with design 
controlled potential PM emissions rates of 25 Mg (28 tons) per year or 
more, a bag leak detection system according to the requirements in 
paragraph (c) of this section.
    (2) For mechanical vents with wet scrubbers, monitoring devices 
according to the requirements in paragraphs (b)(2)(i) through (iv) of 
this section.
    (i) A monitoring device for the continuous measurement of the 
pressure loss through the venturi constriction of the control equipment. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1 inch water gauge.
    (ii) A monitoring device for the continuous measurement of the water 
supply flow rate to the control equipment. The monitoring device is to 
be certified by the manufacturer to be accurate within 5 percent of design water supply flow rate.
    (iii) A monitoring device for the continuous measurement of the pH 
of the wet scrubber liquid. The monitoring device is to be certified by 
the manufacturer to be accurate within 5 percent 
of design pH.
    (iv) An average value for each monitoring parameter must be 
determined during each performance test. Each monitoring parameter must 
then be maintained within 10 percent of the value established during the 
most recent performance test on an operating day average basis.
    (3) For mechanical vents with control equipment other than wet 
scrubbers, a monitoring device for the continuous measurement of the 
reagent injection flow rate to the control equipment, as applicable. The 
monitoring device is to be certified by the manufacturer to be accurate 
within 5 percent of design injection flow rate. An 
average reagent injection flow rate value must be determined during each 
performance test. The reagent injection flow rate must then be 
maintained within 10 percent of the value established during the most 
recent performance test on an operating day average basis.
    (c) Each bag leak detection system used to comply with provisions of 
this subpart must be installed, calibrated, maintained, and continuously 
operated according to the requirements in paragraphs (c)(1) through (3) 
of this section.
    (1) The bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per dry standard cubic meter (mg/dscm) (0.00044 grains 
per actual cubic foot (gr/acf)) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (c)(1)(iv) of this section, and the alarm must be located such 
that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, the 
owner or operator must establish, at a minimum, the baseline output by 
adjusting

[[Page 421]]

the sensitivity (range) and the averaging period of the device, the 
alarm set points, and the alarm delay time.
    (v) Following initial adjustment, the owner or operator must not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided in paragraph (c)(2)(vi) of this section.
    (vi) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects, including temperature and humidity, according to the procedures 
identified in the site-specific monitoring plan required by paragraph 
(c)(2) of this section.
    (vii) The owner or operator must install the bag leak detection 
sensor downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) The owner or operator must develop and submit to the 
Administrator or delegated authority for approval a site-specific 
monitoring plan for each bag leak detection system. This plan must be 
submitted to the Administrator or delegated authority 30 days prior to 
startup of the affected facility. The owner or operator must operate and 
maintain the bag leak detection system according to the site-specific 
monitoring plan at all times. Each monitoring plan must describe the 
items in paragraphs (c)(2)(i) through (vi) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (v) How the bag leak detection system output will be recorded and 
stored; and
    (vi) Corrective action procedures as specified in paragraph (c)(3) 
of this section. In approving the site-specific monitoring plan, the 
Administrator or delegated authority may allow the owner and operator 
more than 3 hours to alleviate a specific condition that causes an alarm 
if the owner or operator identifies in the monitoring plan this specific 
condition as one that could lead to an alarm, adequately explains why it 
is not feasible to alleviate this condition within 3 hours of the time 
the alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable.
    (3) For each bag leak detection system, the owner or operator must 
initiate procedures to determine the cause of every alarm within 1 hour 
of the alarm. Except as provided in paragraph (c)(2)(vi) of this 
section, the owner or operator must alleviate the cause of the alarm 
within 3 hours of the alarm by taking whatever corrective action(s) are 
necessary. Corrective actions may include, but are not limited to the 
following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in PM 
emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective fabric filter compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the PM emissions.



Sec. 60.257  Test methods and procedures.

    (a) The owner or operator must determine compliance with the 
applicable opacity standards as specified in paragraphs (a)(1) through 
(3) of this section.
    (1) Method 9 of appendix A-4 of this part and the procedures in 
Sec. 60.11 must be used to determine opacity, with the exceptions 
specified in paragraphs (a)(1)(i) and (ii).
    (i) The duration of the Method 9 of appendix A-4 of this part 
performance test shall be 1 hour (ten 6-minute averages).

[[Page 422]]

    (ii) If, during the initial 30 minutes of the observation of a 
Method 9 of appendix A-4 of this part performance test, all of the 6-
minute average opacity readings are less than or equal to half the 
applicable opacity limit, then the observation period may be reduced 
from 1 hour to 30 minutes.
    (2) To determine opacity for fugitive coal dust emissions sources, 
the additional requirements specified in paragraphs (a)(2)(i) through 
(iii) must be used.
    (i) The minimum distance between the observer and the emission 
source shall be 5.0 meters (16 feet), and the sun shall be oriented in 
the 140-degree sector of the back.
    (ii) The observer shall select a position that minimizes 
interference from other fugitive coal dust emissions sources and make 
observations such that the line of vision is approximately perpendicular 
to the plume and wind direction.
    (iii) The observer shall make opacity observations at the point of 
greatest opacity in that portion of the plume where condensed water 
vapor is not present. Water vapor is not considered a visible emission.
    (3) A visible emissions observer may conduct visible emission 
observations for up to three fugitive, stack, or vent emission points 
within a 15-second interval if the following conditions specified in 
paragraphs (a)(3)(i) through (iii) of this section are met.
    (i) No more than three emissions points may be read concurrently.
    (ii) All three emissions points must be within a 70 degree viewing 
sector or angle in front of the observer such that the proper sun 
position can be maintained for all three points.
    (iii) If an opacity reading for any one of the three emissions 
points is within 5 percent opacity from the applicable standard 
(excluding readings of zero opacity), then the observer must stop taking 
readings for the other two points and continue reading just that single 
point.
    (b) The owner or operator must conduct all performance tests 
required by Sec. 60.8 to demonstrate compliance with the applicable 
emissions standards specified in Sec. 60.252 according to the 
requirements in Sec. 60.8 using the applicable test methods and 
procedures in paragraphs (b)(1) through (8) of this section.
    (1) Method 1 or 1A of appendix A-4 of this part shall be used to 
select sampling port locations and the number of traverse points in each 
stack or duct. Sampling sites must be located at the outlet of the 
control device (or at the outlet of the emissions source if no control 
device is present) prior to any releases to the atmosphere.
    (2) Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A-4 of this part 
shall be used to determine the volumetric flow rate of the stack gas.
    (3) Method 3, 3A, or 3B of appendix A-4 of this part shall be used 
to determine the dry molecular weight of the stack gas. The owner or 
operator may use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses (incorporated by reference--see Sec. 60.17) as an alternative 
to Method 3B of appendix A-2 of this part.
    (4) Method 4 of appendix A-4 of this part shall be used to determine 
the moisture content of the stack gas.
    (5) Method 5, 5B or 5D of appendix A-4 of this part or Method 17 of 
appendix A-7 of this part shall be used to determine the PM 
concentration as follows:
    (i) The sampling time and sample volume for each run shall be at 
least 60 minutes and 0.85 dscm (30 dscf). Sampling shall begin no less 
than 30 minutes after startup and shall terminate before shutdown 
procedures begin. A minimum of three valid test runs are needed to 
comprise a PM performance test.
    (ii) Method 5 of appendix A of this part shall be used only to test 
emissions from affected facilities without wet flue gas desulfurization 
(FGD) systems.
    (iii) Method 5B of appendix A of this part is to be used only after 
wet FGD systems.
    (iv) Method 5D of appendix A-4 of this part shall be used for 
positive pressure fabric filters and other similar applications (e.g., 
stub stacks and roof vents).
    (v) Method 17 of appendix A-6 of this part may be used at facilities 
with or without wet scrubber systems provided the stack gas temperature 
does not exceed a temperature of 160 [deg] C (320 [deg] F).

[[Page 423]]

The procedures of sections 8.1 and 11.1 of Method 5B of appendix A-3 of 
this part may be used in Method 17 of appendix A-6 of this part only if 
it is used after a wet FGD system. Do not use Method 17 of appendix A-6 
of this part after wet FGD systems if the effluent is saturated or laden 
with water droplets.
    (6) Method 6, 6A, or 6C of appendix A-4 of this part shall be used 
to determine the SO2 concentration. A minimum of three valid 
test runs are needed to comprise an SO2 performance test.
    (7) Method 7 or 7E of appendix A-4 of this part shall be used to 
determine the NOX concentration. A minimum of three valid 
test runs are needed to comprise an NOX performance test.
    (8) Method 10 of appendix A-4 of this part shall be used to 
determine the CO concentration. A minimum of three valid test runs are 
needed to comprise a CO performance test. CO performance tests are 
conducted concurrently (or within a 60-minute period) with 
NOX performance tests.



Sec. 60.258  Reporting and recordkeeping.

    (a) The owner or operator of a coal preparation and processing plant 
that commenced construction, reconstruction, or modification after April 
28, 2008, shall maintain in a logbook (written or electronic) on-site 
and make it available upon request. The logbook shall record the 
following:
    (1) The manufacturer's recommended maintenance procedures and the 
date and time of any maintenance and inspection activities and the 
results of those activities. Any variance from manufacturer 
recommendation, if any, shall be noted.
    (2) The date and time of periodic coal preparation and processing 
plant visual observations, noting those sources with visible emissions 
along with corrective actions taken to reduce visible emissions. Results 
from the actions shall be noted.
    (3) The amount and type of coal processed each calendar month.
    (4) The amount of chemical stabilizer or water purchased for use in 
the coal preparation and processing plant.
    (5) Monthly certification that the dust suppressant systems were 
operational when any coal was processed and that manufacturer's 
recommendations were followed for all control systems. Any variance from 
the manufacturer's recommendations, if any, shall be noted.
    (6) Monthly certification that the fugitive coal dust emissions 
control plan was implemented as described. Any variance from the plan, 
if any, shall be noted. A copy of the applicable fugitive coal dust 
emissions control plan and any letters from the Administrator providing 
approval of any alternative control measures shall be maintained with 
the logbook. Any actions, e.g. objections, to the plan and any actions 
relative to the alternative control measures, e.g. approvals, shall be 
noted in the logbook as well.
    (7) For each bag leak detection system, the owner or operator must 
keep the records specified in paragraphs (a)(7)(i) through (iii) of this 
section.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection settings; and
    (iii) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
the cause of the alarm, an explanation of the actions taken, the date 
and time the cause of the alarm was alleviated, and whether the cause of 
the alarm was alleviated within 3 hours of the alarm.
    (8) A copy of any applicable monitoring plan for a digital opacity 
compliance system and monthly certification that the plan was 
implemented as described. Any variance from plan, if any, shall be 
noted.
    (9) During a performance test of a wet scrubber, and each operating 
day thereafter, the owner or operator shall record the measurements of 
the scrubber pressure loss, water supply flow rate, and pH of the wet 
scrubber liquid.
    (10) During a performance test of control equipment other than a wet 
scrubber, and each operating day thereafter, the owner or operator shall 
record the measurements of the reagent injection flow rate, as 
applicable.

[[Page 424]]

    (b) For the purpose of reports required under section 60.7(c), any 
owner operator subject to the provisions of this subpart also shall 
report semiannually periods of excess emissions as follow:
    (1) The owner or operator of an affected facility with a wet 
scrubber shall submit semiannual reports to the Administrator or 
delegated authority of occurrences when the measurements of the scrubber 
pressure loss, water supply flow rate, or pH of the wet scrubber liquid 
vary by more than 10 percent from the average determined during the most 
recent performance test.
    (2) The owner or operator of an affected facility with control 
equipment other than a wet scrubber shall submit semiannual reports to 
the Administrator or delegated authority of occurrences when the 
measurements of the reagent injection flow rate, as applicable, vary by 
more than 10 percent from the average determined during the most recent 
performance test.
    (3) All 6-minute average opacities that exceed the applicable 
standard.
    (c) The owner or operator of an affected facility shall submit the 
results of initial performance tests to the Administrator or delegated 
authority, consistent with the provisions of section 60.8. The owner or 
operator who elects to comply with the reduced performance testing 
provisions of sections 60.255(c) or (d) shall include in the performance 
test report identification of each affected facility that will be 
subject to the reduced testing. The owner or operator electing to comply 
with section 60.255(d) shall also include information which demonstrates 
that the control devices are identical.
    (d) After July 1, 2011, within 60 days after the date of completing 
each performance evaluation conducted to demonstrate compliance with 
this subpart, the owner or operator of the affected facility must submit 
the test data to EPA by successfully entering the data electronically 
into EPA's WebFIRE data base available at http://cfpub.epa.gov/oarweb/
index.cfm?action=fire.main. For performance tests that cannot be entered 
into WebFIRE (i.e., Method 9 of appendix A-4 of this part opacity 
performance tests) the owner or operator of the affected facility must 
mail a summary copy to United States Environmental Protection Agency; 
Energy Strategies Group; 109 TW Alexander DR; mail code: D243-01; RTP, 
NC 27711.



 Subpart Z_Standards of Performance for Ferroalloy Production Facilities

    Source: 41 FR 18501, May 4, 1976, unless otherwise noted.



Sec. 60.260  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities: Electric submerged arc furnaces which produce 
silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, 
ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge 
chrome, standard ferromanganese, silicomanganese, ferromanganese 
silicon, or calcium carbide; and dust-handling equipment.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 21, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977]



Sec. 60.261  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Electric submerged arc furnace means any furnace wherein 
electrical energy is converted to heat energy by transmission of current 
between electrodes partially submerged in the furnace charge.
    (b) Furnace charge means any material introduced into the electric 
submerged arc furnace, and may consist of, but is not limited to, ores, 
slag, carbonaceous material, and limestone.
    (c) Product change means any change in the composition of the 
furnace charge that would cause the electric submerged arc furnace to 
become subject to a different mass standard applicable under this 
subpart.

[[Page 425]]

    (d) Slag means the more or less completely fused and vitrified 
matter separated during the reduction of a metal from its ore.
    (e) Tapping means the removal of slag or product from the electric 
submerged arc furnace under normal operating conditions such as removal 
of metal under normal pressure and movement by gravity down the spout 
into the ladle.
    (f) Tapping period means the time duration from initiation of the 
process of opening the tap hole until plugging of the tap hole is 
complete.
    (g) Furnace cycle means the time period from completion of a furnace 
product tap to the completion of the next consecutive product tap.
    (h) Tapping station means that general area where molten product or 
slag is removed from the electric submerged arc furnace.
    (i) Blowing tap means any tap in which an evolution of gas forces or 
projects jets of flame or metal sparks beyond the ladle, runner, or 
collection hood.
    (j) Furnace power input means the resistive electrical power 
consumption of an electric submerged arc furnace as measured in 
kilowatts.
    (k) Dust-handling equipment means any equipment used to handle 
particulate matter collected by the air pollution control device (and 
located at or near such device) serving any electric submerged arc 
furnace subject to this subpart.
    (l) Control device means the air pollution control equipment used to 
remove particulate matter generated by an electric submerged arc furnace 
from an effluent gas stream.
    (m) Capture system means the equipment (including hoods, ducts, 
fans, dampers, etc.) used to capture or transport particulate matter 
generated by an affected electric submerged arc furnace to the control 
device.
    (n) Standard ferromanganese means that alloy as defined by ASTM 
Designation A99-76 or 82 (Reapproved 1987) (incorporated by reference--
see Sec. 60.17).
    (o) Silicomanganese means that alloy as defined by ASTM Designation 
A483-64 or 74 (Reapproved 1988) (incorporated by reference--see Sec. 
60.17).
    (p) Calcium carbide means material containing 70 to 85 percent 
calcium carbide by weight.
    (q) High-carbon ferrochrome means that alloy as defined by ASTM 
Designation A101-73 or 93 (incorporated by reference--see Sec. 60.17) 
grades HC1 through HC6.
    (r) Charge chrome means that alloy containing 52 to 70 percent by 
weight chromium, 5 to 8 percent by weight carbon, and 3 to 6 percent by 
weight silicon.
    (s) Silvery iron means any ferrosilicon, as defined by ASTM 
Designation A100-69, 74, or 93 (incorporated by reference--see Sec. 
60.17), which contains less than 30 percent silicon.
    (t) Ferrochrome silicon means that alloy as defined by ASTM 
Designation A482-76 or 93 (incorporated by reference--see Sec. 60.17).
    (u) Silicomanganese zirconium means that alloy containing 60 to 65 
percent by weight silicon, 1.5 to 2.5 percent by weight calcium, 5 to 7 
percent by weight zirconium, 0.75 to 1.25 percent by weight aluminum, 5 
to 7 percent by weight manganese, and 2 to 3 percent by weight barium.
    (v) Calcium silicon means that alloy as defined by ASTM Designation 
A495-76 or 94 (incorporated by reference--see Sec. 60.17).
    (w) Ferrosilicon means that alloy as defined by ASTM Designation 
A100-69, 74, or 93 (incorporated by reference--see Sec. 60.17) grades 
A, B, C, D, and E, which contains 50 or more percent by weight silicon.
    (x) Silicon metal means any silicon alloy containing more than 96 
percent silicon by weight.
    (y) Ferromanganese silicon means that alloy containing 63 to 66 
percent by weight manganese, 28 to 32 percent by weight silicon, and a 
maximum of 0.08 percent by weight carbon.

[41 FR 18501, May 4, 1976; 41 FR 20659, May 20, 1976, as amended at 48 
FR 3738, Jan. 27, 1983; 65 FR 61758, Oct. 17, 2000]



Sec. 60.262  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be

[[Page 426]]

discharged into the atmosphere from any electric submerged arc furnace 
any gases which:
    (1) Exit from a control device and contain particulate matter in 
excess of 0.45 kg/MW-hr (0.99 lb/MW-hr) while silicon metal, 
ferrosilicon, calcium silicon, or silicomanganese zirconium is being 
produced.
    (2) Exit from a control device and contain particulate matter in 
excess of 0.23 kg/MW-hr (0.51 lb/MW-hr) while highcarbon ferrochrome, 
charge chrome, standard ferromanganese, silicomanganese, calcium 
carbide, ferrochrome silicon, ferromanganese silicon, or silvery iron is 
being produced.
    (3) Exit from a control device and exhibit 15 percent opacity or 
greater.
    (4) Exit from an electric submerged arc furnace and escape the 
capture system and are visible without the aid of instruments. The 
requirements under this subparagraph apply only during periods when flow 
rates are being established under Sec. 60.265(d).
    (5) Escape the capture system at the tapping station and are visible 
without the aid of instruments for more than 40 percent of each tapping 
period. There are no limitations on visible emissions under this 
subparagraph when a blowing tap occurs. The requirements under this 
subparagraph apply only during periods when flow rates are being 
established under Sec. 60.265(d).
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any dust-handling equipment any gases which exhibit 10 
percent opacity or greater.



Sec. 60.263  Standard for carbon monoxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged in to the 
atmosphere from any electric submerged arc furnace any gases which 
contain, on a dry basis, 20 or greater volume percent of carbon 
monoxide. Combustion of such gases under conditions acceptable to the 
Administrator constitutes compliance with this section. Acceptable 
conditions include, but are not limited to, flaring of gases or use of 
gases as fuel for other processes.



Sec. 60.264  Emission monitoring.

    (a) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain and operate a continuous monitoring 
system for measurement of the opacity of emissions discharged into the 
atmosphere from the control device(s).
    (b) For the purpose of reports required under Sec. 60.7(c), the 
owner or operator shall report as excess emissions all six-minute 
periods in which the average opacity is 15 percent or greater.
    (c) The owner or operator subject to the provisions of this subpart 
shall submit a written report of any product change to the 
Administrator. Reports of product changes must be postmarked not later 
than 30 days after implementation of the product change.



Sec. 60.265  Monitoring of operations.

    (a) The owner or operator of any electric submerged arc furnace 
subject to the provisions of this subpart shall maintain daily records 
of the following information:
    (1) Product being produced.
    (2) Description of constituents of furnace charge, including the 
quantity, by weight.
    (3) Time and duration of each tapping period and the identification 
of material tapped (slag or product.)
    (4) All furnace power input data obtained under paragraph (b) of 
this section.
    (5) All flow rate data obtained under paragraph (c) of this section 
or all fan motor power consumption and pressure drop data obtained under 
paragraph (e) of this section.
    (b) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a device to measure and 
continuously record the furnace power input. The furnace power input may 
be measured at the output or input side of the transformer. The device 
must have an accuracy of 5 percent over its 
operating range.

[[Page 427]]

    (c) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, and maintain a monitoring device that 
continuously measures and records the volumetric flow rate through each 
separately ducted hood of the capture system, except as provided under 
paragraph (e) of this section. The owner or operator of an electric 
submerged arc furnace that is equipped with a water cooled cover which 
is designed to contain and prevent escape of the generated gas and 
particulate matter shall monitor only the volumetric flow rate through 
the capture system for control of emissions from the tapping station. 
The owner or operator may install the monitoring device(s) in any 
appropriate location in the exhaust duct such that reproducible flow 
rate monitoring will result. The flow rate monitoring device must have 
an accuracy of 10 percent over its normal 
operating range and must be calibrated according to the manufacturer's 
instructions. The Administrator may require the owner or operator to 
demonstrate the accuracy of the monitoring device relative to Methods 1 
and 2 of appendix A to this part.
    (d) When performance tests are conducted under the provisions of 
Sec. 60.8 of this part to demonstrate compliance with the standards 
under Sec. Sec. 60.262(a) (4) and (5), the volumetric flow rate through 
each separately ducted hood of the capture system must be determined 
using the monitoring device required under paragraph (c) of this 
section. The volumetric flow rates must be determined for furnace power 
input levels at 50 and 100 percent of the nominal rated capacity of the 
electric submerged arc furnace. At all times the electric submerged arc 
furnace is operated, the owner or operator shall maintain the volumetric 
flow rate at or above the appropriate levels for that furnace power 
input level determined during the most recent performance test. If 
emissions due to tapping are captured and ducted separately from 
emissions of the electric submerged arc furnace, during each tapping 
period the owner or operator shall maintain the exhaust flow rates 
through the capture system over the tapping station at or above the 
levels established during the most recent performance test. Operation at 
lower flow rates may be considered by the Administrator to be 
unacceptable operation and maintenance of the affected facility. The 
owner or operator may request that these flow rates be reestablished by 
conducting new performance tests under Sec. 60.8 of this part.
    (e) The owner or operator may as an alternative to paragraph (c) of 
this section determine the volumetric flow rate through each fan of the 
capture system from the fan power consumption, pressure drop across the 
fan and the fan performance curve. Only data specific to the operation 
of the affected electric submerged arc furnace are acceptable for 
demonstration of compliance with the requirements of this paragraph. The 
owner or operator shall maintain on file a permanent record of the fan 
performance curve (prepared for a specific temperature) and shall:
    (1) Install, calibrate, maintain, and operate a device to 
continuously measure and record the power consumption of the fan motor 
(measured in kilowatts), and
    (2) Install, calibrate, maintain, and operate a device to 
continuously measure and record the pressure drop across the fan. The 
fan power consumption and pressure drop measurements must be 
synchronized to allow real time comparisions of the data. The monitoring 
devices must have an accuracy of 5 percent over 
their normal operating ranges.
    (f) The volumetric flow rate through each fan of the capture system 
must be determined from the fan power consumption, fan pressure drop, 
and fan performance curve specified under paragraph (e) of this section, 
during any performance test required under Sec. 60.8 to demonstrate 
compliance with the standards under Sec. Sec. 60.262(a)(4) and (5). The 
owner or operator shall determine the volumetric flow rate at a 
representative temperature for furnace power input levels of 50 and 100 
percent of the nominal rated capacity of the electric submerged arc 
furnace. At all times the electric submerged arc furnace is operated, 
the owner or operator shall maintain the fan power consumption and fan 
pressure drop at levels such that the volumetric flow rate is at or 
above the levels established during

[[Page 428]]

the most recent performance test for that furnace power input level. If 
emissions due to tapping are captured and ducted separately from 
emissions of the electric submerged arc furnace, during each tapping 
period the owner or operator shall maintain the fan power consumption 
and fan pressure drop at levels such that the volumetric flow rate is at 
or above the levels established during the most recent performance test. 
Operation at lower flow rates may be considered by the Administrator to 
be unacceptable operation and maintenance of the affected facility. The 
owner or operator may request that these flow rates be reestablished by 
conducting new performance tests under Sec. 60.8. The Administrator may 
require the owner or operator to verify the fan performance curve by 
monitoring necessary fan operating parameters and determining the gas 
volume moved relative to Methods 1 and 2 of appendix A to this part.
    (g) All monitoring devices required under paragraphs (c) and (e) of 
this section are to be checked for calibration annually in accordance 
with the procedures under Sec. 60.13(b).



Sec. 60.266  Test methods and procedures.

    (a) During any performance test required in Sec. 60.8, the owner or 
operator shall not allow gaseous diluents to be added to the effluent 
gas stream after the fabric in an open pressurized fabric filter 
collector unless the total gas volume flow from the collector is 
accurately determined and considered in the determination of emissions.
    (b) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (c) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.262 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.012

where:

E=emission rate of particulate matter, kg/MW-hr (1b/MW-hr).
n=total number of exhaust streams at which emissions are quantified.
csi=concentration of particulate matter from exhaust stream 
``i'', g/dscm (gr/dscf).
Qsdi=volumetric flow rate of effluent gas from exhaust stream 
``i'', dscm/hr (dscf/hr).
P=average furnace power input, MW.
K=conversion factor, 1000 g/kg (7000 gr/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (csi) and volumetric flow rate 
(Qsdi) of the effluent gas, except that the heating systems 
specified in sections 2.1.2 and 2.1.6 are not to be used when the carbon 
monoxide content of the gas stream exceeds 10 percent by volume, dry 
basis. If a flare is used to comply with Sec. 60.263, the sampling site 
shall be upstream of the flare. The sampling time shall include an 
integral number of furnace cycles.
    (i) When sampling emissions from open electric submerged arc 
furnaces with wet scrubber control devices, sealed electric submerged 
arc furnaces, or semienclosed electric arc furnaces, the sampling time 
and sample volume for each run shall be at least 60 minutes and 1.80 
dscm (63.6 dscf).
    (ii) When sampling emissions from other types of installations, the 
sampling time and sample volume for each run shall be at least 200 
minutes and 5.66 dscm (200 dscf).
    (3) The measurement device of Sec. 60.265(b) shall be used to 
determine the average furnace power input (P) during each run.
    (4) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (5) The emission rate correction factor, integrated sampling 
procedure of Method 3B shall be used to determine the CO concentration. 
The sample shall be taken simultaneously with each particulate matter 
sample.
    (d) During the particulate matter run, the maximum open hood area 
(in hoods with segmented or otherwise moveable sides) under which the 
process is expected to be operated and remain in compliance with all 
standards shall be recorded. Any future operation of the hooding system 
with open areas in excess of the maximum is not permitted.

[[Page 429]]

    (e) To comply with Sec. 60.265 (d) or (f), the owner or operator 
shall use the monitoring devices in Sec. 60.265 (c) or (e) to make the 
required measurements as determined during the performance test.

[54 FR 6671, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 55 
FR 5212, Feb. 14, 1990; 65 FR 61758, Oct. 17, 2000]



   Subpart AA_Standards of Performance for Steel Plants: Electric Arc 
Furnaces Constructed After October 21, 1974, and On or Before August 17, 
                                  1983



Sec. 60.270  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in steel plants that produce carbon, alloy, or 
specialty steels: electric arc furnaces and dust-handling systems.
    (b) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section that commenced construction, 
modification, or reconstruction after October 21, 1974, and on or before 
August 17, 1983.

[49 FR 43843, Oct. 31, 1984]



Sec. 60.271  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Electric arc furnace (EAF) means a furnace that produces molten 
steel and heats the charge materials with electric arcs from carbon 
electrodes. Furnaces that continuously feed direct-reduced iron ore 
pellets as the primary source of iron are not affected facilities within 
the scope of this definition.
    (b) Dust-handling equipment means any equipment used to handle 
particulate matter collected by the control device and located at or 
near the control device for an EAF subject to this subpart.
    (c) Control device means the air pollution control equipment used to 
remove particulate matter generated by an EAF(s) from the effluent gas 
stream.
    (d) Capture system means the equipment (including ducts, hoods, 
fans, dampers, etc.) used to capture or transport particulate matter 
generated by an EAF to the air pollution control device.
    (e) Charge means the addition of iron and steel scrap or other 
materials into the top of an electric arc furnace.
    (f) Charging period means the time period commencing at the moment 
an EAF starts to open and ending either three minutes after the EAF roof 
is returned to its closed position or six minutes after commencement of 
opening of the roof, whichever is longer.
    (g) Tap means the pouring of molten steel from an EAF.
    (h) Tapping period means the time period commencing at the moment an 
EAF begins to pour molten steel and ending either three minutes after 
steel ceases to flow from an EAF, or six minutes after steel begins to 
flow, whichever is longer.
    (i) Meltdown and refining means that phase of the steel production 
cycle when charge material is melted and undesirable elements are 
removed from the metal.
    (j) Meltdown and refining period means the time period commencing at 
the termination of the initial charging period and ending at the 
initiation of the tapping period, excluding any intermediate charging 
periods and times when power to the EAF is off.
    (k) Shop opacity means the arithmetic average of 24 or more opacity 
observations of emissions from the shop taken in accordance with Method 
9 of appendix A of this part for the applicable time periods.
    (l) Heat time means the period commencing when scrap is charged to 
an empty EAF and terminating when the EAF tap is completed.
    (m) Shop means the building which houses one or more EAF's.
    (n) Direct shell evacuation system means any system that maintains a 
negative pressure within the EAF above the slag or metal and ducts these 
emissions to the control device.
    (o) Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other

[[Page 430]]

conditions that result in increases in particulate loadings. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, electrodynamic, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
64 FR 10109, Mar. 2, 1999; 70 FR 8530, Feb. 22, 2005]



Sec. 60.272  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from an electric arc furnace any gases which:
    (1) Exit from a control device and contain particulate matter in 
excess of 12 mg/dscm (0.0052 gr/dscf).
    (2) Exit from a control device and exhibit three percent opacity or 
greater.
    (3) Exit from a shop and, due solely to operations of any EAF(s), 
exhibit 6 percent opacity or greater except:
    (i) Shop opacity less than 20 percent may occur during charging 
periods.
    (ii) Shop opacity less than 40 percent may occur during tapping 
periods.
    (iii) The shop opacity standards under paragraph (a)(3) of this 
section shall apply only during periods when the monitoring parameter 
limits specified in Sec. 60.274(b) are being established according to 
Sec. 60.274(c) and (g), unless the owner or operator elects to perform 
daily shop opacity observations in lieu of furnace static pressure 
monitoring as provided for under Sec. 60.273(d).
    (iv) Where the capture system is operated such that the roof of the 
shop is closed during the charge and the tap, and emissions to the 
atmosphere are prevented until the roof is opened after completion of 
the charge or tap, the shop opacity standards under paragraph (a)(3) of 
this section shall apply when the roof is opened and shall continue to 
apply for the length of time defined by the charging and/or tapping 
periods.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from dust-handling equipment any gases which exhibit 10 
percent opacity or greater.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
64 FR 10109, Mar. 2, 1999]



Sec. 60.273  Emission monitoring.

    (a) A continuous monitoring system for the measurement of the 
opacity of emissions discharged into the atmosphere from the control 
device(s) shall be installed, calibrated, maintained, and operated by 
the owner or operator subject to the provisions of this subpart.
    (b) For the purpose of reports under Sec. 60.7(c), all six-minute 
periods during which the average opacity is three percent or greater 
shall indicate a period of excess emission, and shall be reported to the 
Administrator semi-annually.
    (c) A continuous monitoring system for the measurement of the 
opacity of emissions discharged into the atmosphere from the control 
device(s) is not required on any modular, multi-stack, negative-pressure 
or positive-pressure fabric filter if observations of the opacity of the 
visible emissions from the control device are performed by a certified 
visible emission observer; or on any single-stack fabric filter if 
visible emissions from the control device are performed by a certified 
visible emission observer and the owner installs and continuously 
operates a bag leak detection system according to paragraph (e) of this 
section. Visible emission observations shall be conducted at least once 
per day for at least three 6-minute periods when the furnace is 
operating in the melting and refining period. All visible emissions 
observations shall be conducted in accordance with Method 9 of appendix 
A to this part. If visible emissions occur from more than one point, the 
opacity shall be recorded for any points where visible emissions are 
observed. Where it is possible to determine that a number of visible 
emission sites relate to only one incident of the visible emission, only 
one set of

[[Page 431]]

three 6-minute observations will be required. In that case, the Method 9 
observations must be made for the site of highest opacity that directly 
relates to the cause (or location) of visible emissions observed during 
a single incident. Records shall be maintained of any 6-minute average 
that is in excess of the emission limit specified in Sec. 60.272(a).
    (d) A furnace static pressure monitoring device is not required on 
any EAF equipped with a DEC system if observations of shop opacity are 
performed by a certified visible emission observer as follows: Shop 
opacity observations shall be conducted at least once per day when the 
furnace is operating in the meltdown and refining period. Shop opacity 
shall be determined as the arithmetic average of 24 or more consecutive 
15-second opacity observations of emissions from the shop taken in 
accordance with Method 9. Shop opacity shall be recorded for any 
point(s) where visible emissions are observed in proximity to an 
affected EAF. Where it is possible to determine that a number of visible 
emission sites relate to only one incident of visible emissions, only 
one observation of shop opacity will be required. In this case, the shop 
opacity observations must be made for the site of highest opacity that 
directly relates to the cause (or location) of visible emissions 
observed during a single incident.
    (e) A bag leak detection system must be installed and continuously 
operated on all single-stack fabric filters if the owner or operator 
elects not to install and operate a continuous opacity monitoring system 
as provided for under paragraph (c) of this section. In addition, the 
owner or operator shall meet the visible emissions observation 
requirements in paragraph (c) of this section. The bag leak detection 
system must meet the specifications and requirements of paragraphs 
(e)(1) through (8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 1 milligram per actual cubic meter (0.00044 grains per 
actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings and the owner or operator shall 
continuously record the output from the bag leak detection system using 
electronic or other means (e.g., using a strip chart recorder or a data 
logger.)
    (3) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in relative particulate loading 
is detected over the alarm set point established according to paragraph 
(e)(4) of this section, and the alarm must be located such that it can 
be heard by the appropriate plant personnel.
    (4) For each bag leak detection system required by paragraph (e) of 
this section, the owner or operator shall develop and submit to the 
Administrator or delegated authority, for approval, a site-specific 
monitoring plan that addresses the items identified in paragraphs (i) 
through (v) of this paragraph (e)(4). For each bag leak detection system 
that operates based on the triboelectric effect, the monitoring plan 
shall be consistent with the recommendations contained in the U.S. 
Environmental Protection Agency guidance document ``Fabric Filter Bag 
Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator 
shall operate and maintain the bag leak detection system according to 
the site-specific monitoring plan at all times. The plan shall describe:
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list; and
    (v) How the bag leak detection system output shall be recorded and 
stored.
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time (if applicable).

[[Page 432]]

    (6) Following initial adjustment, the owner or operator shall not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided for in paragraphs (e)(6)(i) and (ii) of this section.
    (i) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects including temperature and humidity according to the procedures 
identified in the site-specific monitoring plan required under 
paragraphs (e)(4) of this section.
    (ii) If opacities greater than zero percent are observed over four 
consecutive 15-second observations during the daily opacity observations 
required under paragraph (c) of this section and the alarm on the bag 
leak detection system does not sound, the owner or operator shall lower 
the alarm set point on the bag leak detection system to a point where 
the alarm would have sounded during the period when the opacity 
observations were made.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detection sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (f) For each bag leak detection system installed according to 
paragraph (e) of this section, the owner or operator shall initiate 
procedures to determine the cause of all alarms within 1 hour of an 
alarm. Except as provided for in paragraph (g) of this section, the 
cause of the alarm must be alleviated within 3 hours of the time the 
alarm occurred by taking whatever corrective action(s) are necessary. 
Corrective actions may include, but are not limited to the following:
    (1) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate emissions;
    (2) Sealing off defective bags or filter media;
    (3) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (4) Sealing off a defective baghouse compartment;
    (5) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (6) Shutting down the process producing the particulate emissions.
    (g) In approving the site-specific monitoring plan required in 
paragraph (e)(4) of this section, the Administrator or delegated 
authority may allow owners or operators more than 3 hours to alleviate 
specific conditions that cause an alarm if the owner or operator 
identifies the condition that could lead to an alarm in the monitoring 
plan, adequately explains why it is not feasible to alleviate the 
condition within 3 hours of the time the alarm occurred, and 
demonstrates that the requested additional time will ensure alleviation 
of the condition as expeditiously as practicable.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
54 FR 6672. Feb. 14, 1989; 64 FR 10109, Mar. 2, 1999; 70 FR 8530, Feb. 
22, 2005]



Sec. 60.274  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart 
shall maintain records daily of the following information:
    (1) Time and duration of each charge;
    (2) Time and duration of each tap;
    (3) All flow rate data obtained under paragraph (b) of this section, 
or equivalent obtained under paragraph (d) of this section; and
    (4) All pressure data obtained under paragraph (f) of this section.
    (b) Except as provided under paragraph (d) of this section, the 
owner or operator subject to the provisions of this subpart shall check 
and record on a once-per-shift basis furnace static pressure (if a DEC 
system is in use, and a furnace static pressure gauge is installed 
according to paragraph (f) of this section) and either: check and record 
the control system fan motor amperes and damper positions on a once-per-
shift basis; install, calibrate, and maintain a monitoring device that 
continuously records the volumetric flow rate through each separately

[[Page 433]]

ducted hood; or install, calibrate, and maintain a monitoring device 
that continuously records the volumetric flow rate at the control device 
inlet and check and record damper positions on a once-per-shift basis. 
The monitoring device(s) may be installed in any appropriate location in 
the exhaust duct such that reproducible flow rate monitoring will 
result. The flow rate monitoring device(s) shall have an accuracy of 
10 percent over its normal operating range and 
shall be calibrated according to the manufacturer's instructions. The 
Administrator may require the owner or operator to demonstrate the 
accuracy of the monitoring device(s) relative to Methods 1 and 2 of 
appendix A of this part.
    (c) When the owner or operator of an affected facility is required 
to demonstrate compliance with the standards under Sec. 60.272(a)(3) 
and at any other time that the Administrator may require (under section 
114 of the CAA, as amended) either: the control system fan motor amperes 
and all damper positions, the volumetric flow rate through each 
separately ducted hood, or the volumetric flow rate at the control 
device inlet and all damper positions shall be determined during all 
periods in which a hood is operated for the purpose of capturing 
emissions from the affected facility subject to paragraph (b) of this 
section. The owner or operator may petition the Administrator for 
reestablishment of these parameters whenever the owner or operator can 
demonstrate to the Administrator's satisfaction that the EAF operating 
conditions upon which the parameters were previously established are no 
longer applicable. The values of these parameters as determined during 
the most recent demonstration of compliance shall be maintained at the 
appropriate level for each applicable period. Operation at other than 
baseline values may be subject to the requirements of Sec. 60.276(a).
    (d) The owner or operator may petition the Administrator to approve 
any alternative method that will provide a continuous record of 
operation of each emission capture system.
    (e) The owner or operator shall perform monthly operational status 
inspections of the equipment that is important to the performance of the 
total capture system (i.e., pressure sensors, dampers, and damper 
switches). This inspection shall include observations of the physical 
appearance of the equipment (e.g., presence of hole in ductwork or 
hoods, flow constrictions caused by dents or accumulated dust in 
ductwork, and fan erosion). Any deficiencies shall be noted and proper 
maintenance performed.
    (f) Except as provided for under Sec. 60.273(d), where emissions 
during any phase of the heat time are controlled by use of a direct 
shell evacuation system, the owner or operator shall install, calibrate, 
and maintain a monitoring device that continuously records the pressure 
in the free space inside the EAF. The pressure shall be recorded as 15-
minute integrated averages. The monitoring device may be installed in 
any appropriate location in the EAF or DEC duct prior to the 
introduction of ambient air such that reproducible results will be 
obtained. The pressure monitoring device shall have an accuracy of 
5 mm of water gauge over its normal operating 
range and shall be calibrated according to the manufacturer's 
instructions.
    (g) Except as provided for under Sec. 60.273(d), when the owner or 
operator of an EAF is required to demonstrate compliance with the 
standard under Sec. 60.272(a)(3) and at any other time the 
Administrator may require (under section 114 of the Act, as amended), 
the pressure in the free space inside the furnace shall be determined 
during the meltdown and refining period(s) using the monitoring device 
under paragraph (f) of this section. The owner or operator may petition 
the Administrator for reestablishment of the 15-minute integrated 
average pressure whenever the owner or operator can demonstrate to the 
Administrator's satisfaction that the EAF operating conditions upon 
which the pressures were previously established are no longer 
applicable. The pressure determined during the most recent demonstration 
of compliance shall be maintained at all times the EAF is operating in a 
meltdown and refining period. Operation at higher pressures may be 
considered by the Administrator to be unacceptable

[[Page 434]]

operation and maintenance of the affected facility.
    (h) Where the capture system is designed and operated such that all 
emissions are captured and ducted to a control device, the owner or 
operator shall not be subject to the requirements of this section.
    (i) During any performance test required under Sec. 60.8, and for 
any report thereof required by Sec. 60.276(c) of this subpart or to 
determine compliance with Sec. 60.272(a)(3) of this subpart, the owner 
or operator shall monitor the following information for all heats 
covered by the test:
    (1) Charge weights and materials, and tap weights and materials;
    (2) Heat times, including start and stop times, and a log of process 
operation, including periods of no operation during testing and the 
pressure inside the furnace where direct-shell evacuation systems are 
used;
    (3) Control device operation log; and
    (4) Continuous opacity monitor or Method 9 data.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
64 FR 10110, Mar. 2, 1999; 65 FR 61758, Oct. 17, 2000; 70 FR 8532, Feb. 
22, 2005]



Sec. 60.275  Test methods and procedures.

    (a) During performance tests required in Sec. 60.8, the owner or 
operator shall not add gaseous diluent to the effluent gas after the 
fabric in any pressurized fabric collector, unless the amount of 
dilution is separately determined and considered in the determination of 
emissions.
    (b) When emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart but controlled 
by a common capture system and control device, the owner or operator 
shall use either or both of the following procedures during a 
performance test (see also Sec. 60.276(b)):
    (1) Determine compliance using the combined emissions.
    (2) Use a method that is acceptable to the Administrator and that 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart.
    (c) When emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart, the owner or 
operator shall use either or both of the following procedures to 
demonstrate compliance with Sec. 60.272(a)(3):
    (1) Determine compliance using the combined emissions.
    (2) Shut down operation of facilities not subject to the provisions 
of this subpart during the performance test.
    (d) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (e) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.272 as follows:
    (1) Method 5 shall be used for negative-pressure fabric filters and 
other types of control devices and Method 5D shall be used for positive-
pressure fabric filters to determine the particular matter concentration 
and, if applicable, the volumetric flow rate of the effluent gas. The 
sampling time and sample volume for each run shall be at least 4 hours 
and 4.5 dscm (160 dscf) and, when a single EAF is sampled, the sampling 
time shall include an integral number of heats.
    (2) When more than one control device serves the EAF(s) being 
tested, the concentration of particulate matter shall be determined 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.013

where:

cst=average concentration of particulate matter, mg/dscm (gr/
dscf).
csi=concentration of particulate matter from control device 
``i'', mg/dscm (gr/dscf).
n=total number of control devices tested.
Qsdi=volumetric flow rate of stack gas from control device 
``i'', dscm/hr (dscf/hr).

    (3) Method 9 and the procedures of Sec. 60.11 shall be used to 
determine opacity.
    (4) To demonstrate compliance with Sec. 60.272(a) (1), (2), and 
(3), the Method 9 test runs shall be conducted concurrently with the 
particulate matter test runs, unless inclement weather interferes.

[[Page 435]]

    (f) To comply with Sec. 60.274 (c), (f), (g), and (i), the owner or 
operator shall obtain the information in these paragraphs during the 
particulate matter runs.
    (g) Where emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart but controlled 
by a common capture system and control device, the owner or operator may 
use any of the following procedures during a performance test:
    (1) Base compliance on control of the combined emissions.
    (2) Utilize a method acceptable to the Administrator which 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart.
    (3) Any combination of the criteria of paragraphs (g)(1) and (g)(2) 
of this section.
    (h) Where emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart, the owner or 
operator may use any of the following procedures for demonstrating 
compliance with Sec. 60.272(a)(3):
    (1) Base compliance on control of the combined emissions.
    (2) Shut down operation of facilities not subject to the provisions 
of this subpart.
    (3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) 
of this section.
    (i) If visible emissions observations are made in lieu of using a 
continuous opacity monitoring system, as allowed for by Sec. 60.273(c), 
visible emission observations shall be conducted at least once per day 
for at least three 6-minute periods when the furnace is operating in the 
melting and refining period. All visible emissions observations shall be 
conducted in accordance with Method 9. If visible emissions occur from 
more than one point, the opacity shall be recorded for any points where 
visible emissions are observed. Where it is possible to determine that a 
number of visible emission sites relate to only one incident of the 
visible emission, only one set of three 6-minute observations will be 
required. In that case, the Method 9 observations must be made for the 
site of highest opacity that directly relates to the cause (or location) 
of visible emissions observed during a single incident. Records shall be 
maintained of any 6-minute average that is in excess of the emission 
limit specified in Sec. 60.272(a).
    (j) Unless the presence of inclement weather makes concurrent 
testing infeasible, the owner or operator shall conduct concurrently the 
performance tests required under Sec. 60.8 to demonstrate compliance 
with Sec. 60.272(a) (1), (2), and (3) of this subpart.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43844, Oct. 31, 1984; 
54 FR 6672, Feb. 14, 1989; 54 FR 21344, May 17, 1989; 65 FR 61758, Oct. 
17, 2000; 70 FR 8532, Feb. 22, 2005]



Sec. 60.276  Recordkeeping and reporting requirements.

    (a) Operation at a furnace static pressure that exceeds the value 
established under Sec. 60.274(g) and either operation of control system 
fan motor amperes at values exceeding 15 percent 
of the value established under Sec. 60.274(c) or operation at flow 
rates lower than those established under Sec. 60.274(c) may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility. Operation at such values shall be 
reported to the Administrator semiannually.
    (b) When the owner or operator of an EAF is required to demonstrate 
compliance with the standard under Sec. 60.275 (b)(2) or a combination 
of (b)(1) and (b)(2), the owner or operator shall obtain approval from 
the Administrator of the procedure(s) that will be used to determine 
compliance. Notification of the procedure(s) to be used must be 
postmarked at least 30 days prior to the performance test.
    (c) For the purpose of this subpart, the owner or operator shall 
conduct the demonstration of compliance with Sec. 60.272(a) of this 
subpart and furnish the Administrator a written report of the results of 
the test. This report shall include the following information:
    (1) Facility name and address;
    (2) Plant representative;
    (3) Make and model of process, control device, and continuous 
monitoring equipment;
    (4) Flow diagram of process and emission capture equipment including 
other

[[Page 436]]

equipment or process(es) ducted to the same control device;
    (5) Rated (design) capacity of process equipment;
    (6) Those data required under Sec. 60.274(i) of this subpart;
    (i) List of charge and tap weights and materials;
    (ii) Heat times and process log;
    (iii) Control device operation log; and
    (iv) Continuous opacity monitor or Method 9 data.
    (7) Test dates and test times;
    (8) Test company;
    (9) Test company representative;
    (10) Test observers from outside agency;
    (11) Description of test methodology used, including any deviation 
from standard reference methods
    (12) Schematic of sampling location;
    (13) Number of sampling points;
    (14) Description of sampling equipment;
    (15) Listing of sampling equipment calibrations and procedures;
    (16) Field and laboratory data sheets;
    (17) Description of sample recovery procedures;
    (18) Sampling equipment leak check results;
    (19) Description of quality assurance procedures;
    (20) Description of analytical procedures;
    (21) Notation of sample blank corrections; and
    (22) Sample emission calculations.
    (d) The owner or operator shall maintain records of all shop opacity 
observations made in accordance with Sec. 60.273(d). All shop opacity 
observations in excess of the emission limit specified in Sec. 
60.272(a)(3) of this subpart shall indicate a period of excess emission, 
and shall be reported to the Administrator semi-annually, according to 
Sec. 60.7(c).
    (e) The owner or operator shall maintain the following records for 
each bag leak detection system required under Sec. 60.273(e):
    (1) Records of the bag leak detection system output;
    (2) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (3) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, if procedures were initiated within 1 hour of the 
alarm, the cause of the alarm, an explanation of the actions taken, the 
date and time the cause of the alarm was alleviated, and if the alarm 
was alleviated within 3 hours of the alarm.

[49 FR 43844, Oct. 31, 1984, as amended at 54 FR 6672, Feb. 14, 1989; 64 
FR 10110, Mar. 2, 1999; 65 FR 61758, Oct. 17, 2000; 70 FR 8532, Feb. 22, 
2005]



  Subpart AAa_Standards of Performance for Steel Plants: Electric Arc 
  Furnaces and Argon-Oxygen Decarburization Vessels Constructed After 
                             August 17, 1983

    Source: 49 FR 43845, Oct. 31, 1984, unless otherwise noted.



Sec. 60.270a  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in steel plants that produce carbon, alloy, or 
specialty steels: electric arc furnaces, argon-oxygen decarburization 
vessels, and dust-handling systems.
    (b) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section that commences construction, 
modification, or reconstruction after August 17, 1983.



Sec. 60.271a  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Argon-oxygen decarburization vessel (AOD vessel) means any closed-
bottom, refractory-lined converter vessel with submerged tuyeres through 
which gaseous mixtures containing argon and oxygen or nitrogen may be 
blown into molten steel for further refining.

[[Page 437]]

    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other conditions that 
result in increases in particulate loadings. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, electrodynamic, light scattering, light transmittance, or 
other effect to continuously monitor relative particulate matter 
loadings.
    Capture system means the equipment (including ducts, hoods, fans, 
dampers, etc.) used to capture or transport particulate matter generated 
by an electric arc furnace or AOD vessel to the air pollution control 
device.
    Charge means the addition of iron and steel scrap or other materials 
into the top of an electric arc furnace or the addition of molten steel 
or other materials into the top of an AOD vessel.
    Control device means the air pollution control equipment used to 
remove particulate matter from the effluent gas stream generated by an 
electric arc furnace or AOD vessel.
    Direct-shell evacuation control system (DEC system) means a system 
that maintains a negative pressure within the electric arc furnace above 
the slag or metal and ducts emissions to the control device.
    Dust-handling system means equipment used to handle particulate 
matter collected by the control device for an electric arc furnace or 
AOD vessel subject to this subpart. For the purposes of this subpart, 
the dust-handling system shall consist of the control device dust 
hoppers, the dust-conveying equipment, any central dust storage 
equipment, the dust-treating equipment (e.g., pug mill, pelletizer), 
dust transfer equipment (from storage to truck), and any secondary 
control devices used with the dust transfer equipment.
    Electric arc furnace (EAF) means a furnace that produces molten 
steel and heats the charge materials with electric arcs from carbon 
electrodes. For the purposes of this subpart, an EAF shall consist of 
the furnace shell and roof and the transformer. Furnaces that 
continuously feed direct-reduced iron ore pellets as the primary source 
of iron are not affected facilities within the scope of this definition.
    Heat cycle means the period beginning when scrap is charged to an 
empty EAF and ending when the EAF tap is completed or beginning when 
molten steel is charged to an empty AOD vessel and ending when the AOD 
vessel tap is completed.
    Meltdown and refining period means the time period commencing at the 
termination of the initial charging period and ending at the initiation 
of the tapping period, excluding any intermediate charging periods and 
times when power to the EAF is off.
    Melting means that phase of steel production cycle during which the 
iron and steel scrap is heated to the molten state.
    Negative-pressure fabric filter means a fabric filter with the fans 
on the downstream side of the filter bags.
    Positive-pressure fabric filter means a fabric filter with the fans 
on the upstream side of the filter bags.
    Refining means that phase of the steel production cycle during which 
undesirable elements are removed from the molten steel and alloys are 
added to reach the final metal chemistry.
    Shop means the building which houses one or more EAF's or AOD 
vessels.
    Shop opacity means the arithmetic average of 24 observations of the 
opacity of emissions from the shop taken in accordance with Method 9 of 
appendix A of this part.
    Tap means the pouring of molten steel from an EAF or AOD vessel.
    Tapping period means the time period commencing at the moment an EAF 
begins to pour molten steel and ending either three minutes after steel 
ceases to flow from an EAF, or six minutes after steel begins to flow, 
whichever is longer.

[49 FR 43845, Oct. 31, 1984, as amended at 64 FR 10110, Mar. 2, 1999; 70 
FR 8532, Feb. 22, 2005]



Sec. 60.272a  Standard for particulate matter.

    (a) On and after the date of which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of

[[Page 438]]

this subpart shall cause to be discharged into the atmosphere from an 
EAF or an AOD vessel any gases which:
    (1) Exit from a control device and contain particulate matter in 
excess of 12 mg/dscm (0.0052 gr/dscf);
    (2) Exit from a control device and exhibit 3 percent opacity or 
greater; and
    (3) Exit from a shop and, due solely to the operations of any 
affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from the dust-handling system any gases that exhibit 10 
percent opacity or greater.



Sec. 60.273a  Emission monitoring.

    (a) Except as provided under paragraphs (b) and (c) of this section, 
a continuous monitoring system for the measurement of the opacity of 
emissions discharged into the atmosphere from the control device(s) 
shall be installed, calibrated, maintained, and operated by the owner or 
operator subject to the provisions of this subpart.
    (b) No continuous monitoring system shall be required on any control 
device serving the dust-handling system.
    (c) A continuous monitoring system for the measurement of the 
opacity of emissions discharged into the atmosphere from the control 
device(s) is not required on any modular, multi-stack, negative-pressure 
or positive-pressure fabric filter if observations of the opacity of the 
visible emissions from the control device are performed by a certified 
visible emission observer; or on any single-stack fabric filter if 
visible emissions from the control device are performed by a certified 
visible emission observer and the owner installs and continuously 
operates a bag leak detection system according to paragraph (e) of this 
section. Visible emission observations shall be conducted at least once 
per day for at least three 6-minute periods when the furnace is 
operating in the melting and refining period. All visible emissions 
observations shall be conducted in accordance with Method 9. If visible 
emissions occur from more than one point, the opacity shall be recorded 
for any points where visible emissions are observed. Where it is 
possible to determine that a number of visible emission sites relate to 
only one incident of the visible emission, only one set of three 6-
minute observations will be required. In that case, the Method 9 
observations must be made for the site of highest opacity that directly 
relates to the cause (or location) of visible emissions observed during 
a single incident. Records shall be maintained of any 6-minute average 
that is in excess of the emission limit specified in Sec. 60.272a(a).
    (d) A furnace static pressure monitoring device is not required on 
any EAF equipped with a DEC system if observations of shop opacity are 
performed by a certified visible emission observer as follows: Shop 
opacity observations shall be conducted at least once per day when the 
furnace is operating in the meltdown and refining period. Shop opacity 
shall be determined as the arithmetic average of 24 consecutive 15-
second opacity observations of emissions from the shop taken in 
accordance with Method 9. Shop opacity shall be recorded for any 
point(s) where visible emissions are observed. Where it is possible to 
determine that a number of visible emission sites relate to only one 
incident of visible emissions, only one observation of shop opacity will 
be required. In this case, the shop opacity observations must be made 
for the site of highest opacity that directly relates to the cause (or 
location) of visible emissions observed during a single incident.
    (e) A bag leak detection system must be installed and continuously 
operated on all single-stack fabric filters if the owner or operator 
elects not to install and operate a continuous opacity monitoring system 
as provided for under paragraph (c) of this section. In addition, the 
owner or operator shall meet the visible emissions observation 
requirements in paragraph (c) of this section. The bag leak detection 
system must meet the specifications and requirements of paragraphs 
(e)(1) through (8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate

[[Page 439]]

matter emissions at concentrations of 1 milligram per actual cubic meter 
(0.00044 grains per actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings and the owner or operator shall 
continuously record the output from the bag leak detection system using 
electronic or other means (e.g., using a strip chart recorder or a data 
logger.)
    (3) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in relative particulate loading 
is detected over the alarm set point established according to paragraph 
(e)(4) of this section, and the alarm must be located such that it can 
be heard by the appropriate plant personnel.
    (4) For each bag leak detection system required by paragraph (e) of 
this section, the owner or operator shall develop and submit to the 
Administrator or delegated authority, for approval, a site-specific 
monitoring plan that addresses the items identified in paragraphs (i) 
through (v) of this paragraph (e)(4). For each bag leak detection system 
that operates based on the triboelectric effect, the monitoring plan 
shall be consistent with the recommendations contained in the U.S. 
Environmental Protection Agency guidance document ``Fabric Filter Bag 
Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator 
shall operate and maintain the bag leak detection system according to 
the site-specific monitoring plan at all times. The plan shall describe 
the following:
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list; and
    (v) How the bag leak detection system output shall be recorded and 
stored.
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time (if applicable).
    (6) Following initial adjustment, the owner or operator shall not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided for in paragraphs (e)(6)(i) and (ii) of this section.
    (i) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects including temperature and humidity according to the procedures 
identified in the site-specific monitoring plan required under 
paragraphs (e)(4) of this section.
    (ii) If opacities greater than zero percent are observed over four 
consecutive 15-second observations during the daily opacity observations 
required under paragraph (c) of this section and the alarm on the bag 
leak detection system does not sound, the owner or operator shall lower 
the alarm set point on the bag leak detection system to a point where 
the alarm would have sounded during the period when the opacity 
observations were made.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detection sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (f) For each bag leak detection system installed according to 
paragraph (e) of this section, the owner or operator shall initiate 
procedures to determine the cause of all alarms within 1 hour of an 
alarm. Except as provided for under paragraph (g) of this section, the 
cause of the alarm must be alleviated within 3 hours of the time the 
alarm occurred by taking whatever corrective action(s) are necessary. 
Corrective actions may include, but are not limited to, the following:

[[Page 440]]

    (1) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate emissions;
    (2) Sealing off defective bags or filter media;
    (3) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (4) Sealing off a defective baghouse compartment;
    (5) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; and
    (6) Shutting down the process producing the particulate emissions.
    (g) In approving the site-specific monitoring plan required in 
paragraph (e)(4) of this section, the Administrator or delegated 
authority may allow owners or operators more than 3 hours to alleviate 
specific conditions that cause an alarm if the owner or operator 
identifies the condition that could lead to an alarm in the monitoring 
plan, adequately explains why it is not feasible to alleviate the 
condition within 3 hours of the time the alarm occurred, and 
demonstrates that the requested additional time will ensure alleviation 
of the condition as expeditiously as practicable.

[49 FR 43845, Oct. 31, 1984, as amended at 54 FR 6672, Feb. 14, 1989; 64 
FR 10111, Mar. 2, 1999; 70 FR 8532, Feb. 22, 2005]



Sec. 60.274a  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart 
shall maintain records of the following information:
    (1) All data obtained under paragraph (b) of this section; and
    (2) All monthly operational status inspections performed under 
paragraph (c) of this section.
    (b) Except as provided under paragraph (e) of this section, the 
owner or operator subject to the provisions of this subpart shall check 
and record on a once-per-shift basis the furnace static pressure (if DEC 
system is in use, and a furnace static pressure gauge is installed 
according to paragraph (f) of this section) and either: check and record 
the control system fan motor amperes and damper position on a once-per-
shift basis; install, calibrate, and maintain a monitoring device that 
continuously records the volumetric flow rate through each separately 
ducted hood; or install, calibrate, and maintain a monitoring device 
that continuously records the volumetric flow rate at the control device 
inlet and check and record damper positions on a once-per-shift basis. 
The monitoring device(s) may be installed in any appropriate location in 
the exhaust duct such that reproducible flow rate monitoring will 
result. The flow rate monitoring device(s) shall have an accuracy of 
10 percent over its normal operating range and 
shall be calibrated according to the manufacturer's instructions. The 
Administrator may require the owner or operator to demonstrate the 
accuracy of the monitoring device(s) relative to Methods 1 and 2 of 
appendix A of this part.
    (c) When the owner or operator of an affected facility is required 
to demonstrate compliance with the standards under Sec. 60.272a(a)(3) 
and at any other time that the Administrator may require (under section 
114 of the CAA, as amended) either: the control system fan motor amperes 
and all damper positions, the volumetric flow rate through each 
separately ducted hood, or the volumetric flow rate at the control 
device inlet and all damper positions shall be determined during all 
periods in which a hood is operated for the purpose of capturing 
emissions from the affected facility subject to paragraph (b) of this 
section. The owner or operator may petition the Administrator for 
reestablishment of these parameters whenever the owner or operator can 
demonstrate to the Administrator's satisfaction that the affected 
facility operating conditions upon which the parameters were previously 
established are no longer applicable. The values of these parameters as 
determined during the most recent demonstration of compliance shall be 
maintained at the appropriate level for each applicable period. 
Operation at other than baseline values may be subject to the 
requirements of Sec. 60.276a(c).
    (d) Except as provided under paragraph (e) of this section, the 
owner or

[[Page 441]]

operator shall perform monthly operational status inspections of the 
equipment that is important to the performance of the total capture 
system (i.e., pressure sensors, dampers, and damper switches). This 
inspection shall include observations of the physical appearance of the 
equipment (e.g., presence of holes in ductwork or hoods, flow 
constrictions caused by dents or accumulated dust in ductwork, and fan 
erosion). Any deficiencies shall be noted and proper maintenance 
performed.
    (e) The owner or operator may petition the Administrator to approve 
any alternative to either the monitoring requirements specified in 
paragraph (b) of this section or the monthly operational status 
inspections specified in paragraph (d) of this section if the 
alternative will provide a continuous record of operation of each 
emission capture system.
    (f) Except as provided for under Sec. 60.273a(d), if emissions 
during any phase of the heat time are controlled by the use of a DEC 
system, the owner or operator shall install, calibrate, and maintain a 
monitoring device that allows the pressure in the free space inside the 
EAF to be monitored. The pressure shall be recorded as 15-minute 
integrated averages. The monitoring device may be installed in any 
appropriate location in the EAF or DEC duct prior to the introduction of 
ambient air such that reproducible results will be obtained. The 
pressure monitoring device shall have an accuracy of 5 mm of water gauge over its normal operating range and 
shall be calibrated according to the manufacturer's instructions.
    (g) Except as provided for under Sec. 60.273a(d), when the owner or 
operator of an EAF controlled by a DEC is required to demonstrate 
compliance with the standard under Sec. 60.272a(a)(3), and at any other 
time the Administrator may require (under section 114 of the Clean Air 
Act, as amended), the pressure in the free space inside the furnace 
shall be determined during the meltdown and refining period(s) using the 
monitoring device required under paragraph (f) of this section. The 
owner or operator may petition the Administrator for reestablishment of 
the pressure whenever the owner or operator can demonstrate to the 
Administrator's satisfaction that the EAF operating conditions upon 
which the pressures were previously established are no longer 
applicable. The pressure determined during the most recent demonstration 
of compliance shall be maintained at all times when the EAF is operating 
in a meltdown and refining period. Operation at higher pressures may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility.
    (h) During any performance test required under Sec. 60.8, and for 
any report thereof required by Sec. 60.276a(f) of this subpart, or to 
determine compliance with Sec. 60.272a(a)(3) of this subpart, the owner 
or operator shall monitor the following information for all heats 
covered by the test:
    (1) Charge weights and materials, and tap weights and materials;
    (2) Heat times, including start and stop times, and a log of process 
operation, including periods of no operation during testing and the 
pressure inside an EAF when direct-shell evacuation control systems are 
used;
    (3) Control device operation log; and
    (4) Continuous opacity monitor or Method 9 data.

[49 FR 43845, Oct. 31, 1984, as amended at 64 FR 10111, Mar. 2, 1999; 65 
FR 61758, Oct. 17, 2000; 70 FR 8533, Feb. 22, 2005]



Sec. 60.275a  Test methods and procedures.

    (a) During performance tests required in Sec. 60.8, the owner or 
operator shall not add gaseous diluents to the effluent gas stream after 
the fabric in any pressurized fabric filter collector, unless the amount 
of dilution is separately determined and considered in the determination 
of emissions.
    (b) When emissions from any EAF(s) or AOD vessel(s) are combined 
with emissions from facilities not subject to the provisions of this 
subpart but controlled by a common capture system and control device, 
the owner or operator shall use either or both of the following 
procedures during a performance test (see also Sec. 60.276a(e)):
    (1) Determine compliance using the combined emissions.

[[Page 442]]

    (2) Use a method that is acceptable to the Administrator and that 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart.
    (c) When emission from any EAF(s) or AOD vessel(s) are combined with 
emissions from facilities not subject to the provisions of this subpart, 
the owner or operator shall demonstrate compliance with Sec. 
60.272(a)(3) based on emissions from only the affected facility(ies).
    (d) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (e) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.272a as follows:
    (1) Method 5 shall be used for negative-pressure fabric filters and 
other types of control devices and Method 5D shall be used for positive-
pressure fabric filters to determine the particulate matter 
concentration and volumetric flow rate of the effluent gas. The sampling 
time and sample volume for each run shall be at least 4 hours and 4.50 
dscm (160 dscf) and, when a single EAF or AOD vessel is sampled, the 
sampling time shall include an integral number of heats.
    (2) When more than one control device serves the EAF(s) being 
tested, the concentration of particulate matter shall be determined 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.014

where:

cst=average concentration of particulate matter, mg/dscm (gr/
dscf).
csi=concentration of particulate matter from control device 
``i'', mg/dscm (gr/dscf).
n=total number of control devices tested.
Qsdi=volumetric flow rate of stack gas from control device 
``i'', dscm/hr (dscf/hr).

    (3) Method 9 and the procedures of Sec. 60.11 shall be used to 
determine opacity.
    (4) To demonstrate compliance with Sec. 60.272a(a) (1), (2), and 
(3), the Method 9 test runs shall be conducted concurrently with the 
particulate matter test runs, unless inclement weather interferes.
    (f) To comply with Sec. 60.274a (c), (f), (g), and (h), the owner 
or operator shall obtain the information required in these paragraphs 
during the particulate matter runs.
    (g) Any control device subject to the provisions of the subpart 
shall be designed and constructed to allow measurement of emissions 
using applicable test methods and procedures.
    (h) Where emissions from any EAF(s) or AOD vessel(s) are combined 
with emissions from facilities not subject to the provisions of this 
subpart but controlled by a common capture system and control device, 
the owner or operator may use any of the following procedures during a 
performance test:
    (1) Base compliance on control of the combined emissions;
    (2) Utilize a method acceptable to the Administrator that 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart, or;
    (3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) 
of this section.
    (i) Where emissions from any EAF(s) or AOD vessel(s) are combined 
with emissions from facilities not subject to the provisions of this 
subpart, determinations of compliance with Sec. 60.272a(a)(3) will only 
be based upon emissions originating from the affected facility(ies).
    (j) Unless the presence of inclement weather makes concurrent 
testing infeasible, the owner or operator shall conduct concurrently the 
performance tests required under Sec. 60.8 to demonstrate compliance 
with Sec. 60.272a(a) (1), (2), and (3) of this subpart.

[49 FR 43845, Oct. 31, 1984, as amended at 54 FR 6673, Feb. 14, 1989; 54 
FR 21344, May 17, 1989; 65 FR 61758, Oct. 17, 2000]



Sec. 60.276a  Recordkeeping and reporting requirements.

    (a) Records of the measurements required in Sec. 60.274a must be 
retained for at least 2 years following the date of the measurement.
    (b) Each owner or operator shall submit a written report of 
exceedances of

[[Page 443]]

the control device opacity to the Administrator semi-annually. For the 
purposes of these reports, exceedances are defined as all 6-minute 
periods during which the average opacity is 3 percent or greater.
    (c) Operation at a furnace static pressure that exceeds the value 
established under Sec. 60.274a(g) and either operation of control 
system fan motor amperes at values exceeding 15 
percent of the value established under Sec. 60.274a(c) or operation at 
flow rates lower than those established under Sec. 60.274a(c) may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility. Operation at such values shall be 
reported to the Administrator semiannually.
    (d) The requirements of this section remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with this section, provided that they comply with the 
requirements established by the State.
    (e) When the owner or operator of an EAF or AOD is required to 
demonstrate compliance with the standard under Sec. 60.275 (b)(2) or a 
combination of (b)(1) and (b)(2) the owner or operator shall obtain 
approval from the Administrator of the procedure(s) that will be used to 
determine compliance. Notification of the procedure(s) to be used must 
be postmarked at least 30 days prior to the performance test.
    (f) For the purpose of this subpart, the owner or operator shall 
conduct the demonstration of compliance with Sec. 60.272a(a) of this 
subpart and furnish the Administrator a written report of the results of 
the test. This report shall include the following information:
    (1) Facility name and address;
    (2) Plant representative;
    (3) Make and model of process, control device, and continuous 
monitoring equipment;
    (4) Flow diagram of process and emission capture equipment including 
other equipment or process(es) ducted to the same control device;
    (5) Rated (design) capacity of process equipment;
    (6) Those data required under Sec. 60.274a(h) of this subpart;
    (i) List of charge and tap weights and materials;
    (ii) Heat times and process log;
    (iii) Control device operation log; and
    (iv) Continuous opacity monitor or Method 9 data.
    (7) Test dates and test times;
    (8) Test company;
    (9) Test company representative;
    (10) Test observers from outside agency;
    (11) Description of test methodology used, including any deviation 
from standard reference methods;
    (12) Schematic of sampling location;
    (13) Number of sampling points;
    (14) Description of sampling equipment;
    (15) Listing of sampling equipment calibrations and procedures;
    (16) Field and laboratory data sheets;
    (17) Description of sample recovery procedures;
    (18) Sampling equipment leak check results;
    (19) Description of quality assurance procedures;
    (20) Description of analytical procedures;
    (21) Notation of sample blank corrections; and
    (22) Sample emission calculations.
    (g) The owner or operator shall maintain records of all shop opacity 
observations made in accordance with Sec. 60.273a(d). All shop opacity 
observations in excess of the emission limit specified in Sec. 
60.272a(a)(3) of this subpart shall indicate a period of excess 
emission, and shall be reported to the administrator semi-annually, 
according to Sec. 60.7(c).
    (h) The owner or operator shall maintain the following records for 
each bag leak detection system required under Sec. 60.273a(e):
    (1) Records of the bag leak detection system output;
    (2) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and

[[Page 444]]

    (3) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, if procedures were initiated within 1 hour of the 
alarm, the cause of the alarm, an explanation of the actions taken, the 
date and time the cause of the alarm was alleviated, and if the alarm 
was alleviated within 3 hours of the alarm.

[49 FR 43845, Oct. 31, 1984, as amended at 54 FR 6673, Feb. 14, 1989; 64 
FR 10111, Mar. 2, 1999; 65 FR 61758, Oct. 17, 2000; 70 FR 8533, Feb. 22, 
2005]



        Subpart BB_Standards of Performance for Kraft Pulp Mills



Sec. 60.280  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in kraft pulp mills: Digester system, brown stock 
washer system, multiple-effect evaporator system, recovery furnace, 
smelt dissolving tank, lime kiln, and condensate stripper system. In 
pulp mills where kraft pulping is combined with neutral sulfite 
semichemical pulping, the provisions of this subpart are applicable when 
any portion of the material charged to an affected facility is produced 
by the kraft pulping operation.
    (b) Except as noted in Sec. 60.283(a)(1)(iv), any facility under 
paragraph (a) of this section that commences construction or 
modification after September 24, 1976, is subject to the requirements of 
this subpart.

[51 FR 18544, May 20, 1986]



Sec. 60.281  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
same meaning given them in the Act and in subpart A.
    (a) Kraft pulp mill means any stationary source which produces pulp 
from wood by cooking (digesting) wood chips in a water solution of 
sodium hydroxide and sodium sulfide (white liquor) at high temperature 
and pressure. Regeneration of the cooking chemicals through a recovery 
process is also considered part of the kraft pulp mill.
    (b) Neutral sulfite semichemical pulping operation means any 
operation in which pulp is produced from wood by cooking (digesting) 
wood chips in a solution of sodium sulfite and sodium bicarbonate, 
followed by mechanical defibrating (grinding).
    (c) Total reduced sulfur (TRS) means the sum of the sulfur compounds 
hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl 
disulfide, that are released during the kraft pulping operation and 
measured by Method 16.
    (d) Digester system means each continuous digester or each batch 
digester used for the cooking of wood in white liquor, and associated 
flash tank(s), blow tank(s), chip steamer(s), and condenser(s).
    (e) Brown stock washer system means brown stock washers and 
associated knotters, vacuum pumps, and filtrate tanks used to wash the 
pulp following the digester system. Diffusion washers are excluded from 
this definition.
    (f) Multiple-effect evaporator system means the multiple-effect 
evaporators and associated condenser(s) and hotwell(s) used to 
concentrate the spent cooking liquid that is separated from the pulp 
(black liquor).
    (g) Black liquor oxidation system means the vessels used to oxidize, 
with air or oxygen, the black liquor, and associated storage tank(s).
    (h) Recovery furnace means either a straight kraft recovery furnace 
or a cross recovery furnace, and includes the direct-contact evaporator 
for a direct-contact furnace.
    (i) Straight kraft recovery furnace means a furnace used to recover 
chemicals consisting primarily of sodium and sulfur compounds by burning 
black liquor which on a quarterly basis contains 7 weight percent or 
less of the total pulp solids from the neutral sulfite semichemical 
process or has green liquor sulfidity of 28 percent or less.
    (j) Cross recovery furnace means a furnace used to recover chemicals 
consisting primarily of sodium and sulfur compounds by burning black 
liquor which on a quarterly basis contains more than 7 weight percent of 
the total pulp solids from the neutral sulfite semichemical process and 
has a green

[[Page 445]]

liquor sulfidity of more than 28 percent.
    (k) Black liquor solids means the dry weight of the solids which 
enter the recovery furnace in the black liquor.
    (l) Green liquor sulfidity means the sulfidity of the liquor which 
leaves the smelt dissolving tank.
    (m) Smelt dissolving tank means a vessel used for dissolving the 
smelt collected from the recovery furnace.
    (n) Lime kiln means a unit used to calcine lime mud, which consists 
primarily of calcium carbonate, into quicklime, which is calcium oxide.
    (o) Condensate stripper system means a column, and associated 
condensers, used to strip, with air or steam, TRS compounds from 
condensate streams from various processes within a kraft pulp mill.

[43 FR 7572, Feb. 23, 1978, as amended at 51 FR 18544, May 20, 1986; 65 
FR 61758, Oct. 17, 2000]



Sec. 60.282  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any recovery furnace any gases which:
    (i) Contain particulate matter in excess of 0.10 g/dscm (0.044 gr/
dscf) corrected to 8 percent oxygen.
    (ii) Exhibit 35 percent opacity or greater.
    (2) From any smelt dissolving tank any gases which contain 
particulate matter in excess of 0.1 g/kg black liquor solids (dry 
weight)[0.2 lb/ton black liquor solids (dry weight)].
    (3) From any lime kiln any gases which contain particulate matter in 
excess of:
    (i) 0.15 g/dscm (0.066 gr/dscf) corrected to 10 percent oxygen, when 
gaseous fossil fuel is burned.
    (ii) 0.30 g/dscm (0.13 gr/dscf) corrected to 10 percent oxygen, when 
liquid fossil fuel is burned.

[43 FR 7572, Feb. 23, 1978, as amended at 65 FR 61758, Oct. 17, 2000]



Sec. 60.283  Standard for total reduced sulfur (TRS).

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any digester system, brown stock washer system, multiple-
effect evaporator system, or condensate stripper system any gases which 
contain TRS in excess of 5 ppm by volume on a dry basis, corrected to 10 
percent oxygen, unless the following conditions are met:
    (i) The gases are combusted in a lime kiln subject to the provisions 
of paragraph (a)(5) of this section; or
    (ii) The gases are combusted in a recovery furnace subject to the 
provisions of paragraphs (a)(2) or (a)(3) of this section; or
    (iii) The gases are combusted with other waste gases in an 
incinerator or other device, or combusted in a lime kiln or recovery 
furnace not subject to the provisions of this subpart, and are subjected 
to a minimum temperature of 650 [deg]C (1200 [deg]F) for at least 0.5 
second; or
    (iv) It has been demonstrated to the Administrator's satisfaction by 
the owner or operator that incinerating the exhaust gases from a new, 
modified, or reconstructed brown stock washer system is technologically 
or economically unfeasible. Any exempt system will become subject to the 
provisions of this subpart if the facility is changed so that the gases 
can be incinerated.
    (v) The gases from the digester system, brown stock washer system, 
or condensate stripper system are controlled by a means other than 
combustion. In this case, this system shall not discharge any gases to 
the atmosphere which contain TRS in excess of 5 ppm by volume on a dry 
basis, uncorrected for oxygen content.
    (vi) The uncontrolled exhaust gases from a new, modified, or 
reconstructed digester system contain TRS less than 0.005 g/kg air dried 
pulp (ADP) (0.01 lb/ton ADP).
    (2) From any straight kraft recovery furnace any gases which contain 
TRS

[[Page 446]]

in excess of 5 ppm by volume on a dry basis, corrected to 8 percent 
oxygen.
    (3) From any cross recovery furnace any gases which contain TRS in 
excess of 25 ppm by volume on a dry basis, corrected to 8 percent 
oxygen.
    (4) From any smelt dissolving tank any gases which contain TRS in 
excess of 0.016 g/kg black liquor solids as H2S (0.033 lb/ton 
black liquor solids as H2S).
    (5) From any lime kiln any gases which contain TRS in excess of 8 
ppm by volume on a dry basis, corrected to 10 percent oxygen.

[43 FR 7572, Feb. 23, 1978, as amended at 50 FR 6317, Feb. 14, 1985; 51 
FR 18544, May 20, 1986; 65 FR 61758, Oct. 17, 2000]



Sec. 60.284  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate the following continuous 
monitoring systems:
    (1) A continuous monitoring system to monitor and record the opacity 
of the gases discharged into the atmosphere from any recovery furnace. 
The span of this system shall be set at 70 percent opacity.
    (2) Continuous monitoring systems to monitor and record the 
concentration of TRS emissions on a dry basis and the percent of oxygen 
by volume on a dry basis in the gases discharged into the atmosphere 
from any lime kiln, recovery furnace, digester system, brown stock 
washer system, multiple-effect evaporator system, or condensate stripper 
system, except where the provisions of Sec. 60.283(a)(1) (iii) or (iv) 
apply. These systems shall be located downstream of the control 
device(s) and the spans of these continuous monitoring system(s) shall 
be set:
    (i) At a TRS concentration of 30 ppm for the TRS continuous 
monitoring system, except that for any cross recovery furnace the span 
shall be set at 50 ppm.
    (ii) At 25 percent oxygen for the continuous oxygen monitoring 
system.
    (b) Any owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate the following continuous 
monitoring devices:
    (1) For any incinerator, a monitoring device which measures and 
records the combustion temperature at the point of incineration of 
effluent gases which are emitted from any digester system, brown stock 
washer system, multiple-effect evaporator system, black liquor oxidation 
system, or condensate stripper system where the provisions of Sec. 
60.283(a)(1)(iii) apply. The monitoring device is to be certified by the 
manufacturer to be accurate within 1 percent of 
the temperature being measured.
    (2) For any lime kiln or smelt dissolving tank using a scrubber 
emission control device:
    (i) A monitoring device for the continuous measurement of the 
pressure loss of the gas stream through the control equipment. The 
monitoring device is to be certified by the manufacturer to be accurate 
to within a gage pressure of 500 pascals (ca. 
2 inches water gage pressure).
    (ii) A monitoring device for the continuous measurement of the 
scrubbing liquid supply pressure to the control equipment. The 
monitoring device is to be certified by the manufacturer to be accurate 
within 15 percent of design scrubbing liquid 
supply pressure. The pressure sensor or tap is to be located close to 
the scrubber liquid discharge point. The Administrator may be consulted 
for approval of alternative locations.
    (c) Any owner or operator subject to the provisions of this subpart 
shall, except where the provisions of Sec. 60.283(a)(1)(iii) or (iv) 
apply, perform the following:
    (1) Calculate and record on a daily basis 12-hour average TRS 
concentrations for the two consecutive periods of each operating day. 
Each 12-hour average shall be determined as the arithmetic mean of the 
appropriate 12 contiguous 1-hour average total reduced sulfur 
concentrations provided by each continuous monitoring system installed 
under paragraph (a)(2) of this section.
    (2) Calculate and record on a daily basis 12-hour average oxygen 
concentrations for the two consecutive periods of each operating day for 
the recovery furnace and lime kiln. These 12-hour averages shall 
correspond to the

[[Page 447]]

12-hour average TRS concentrations under paragraph (c)(1) of this 
section and shall be determined as an arithmetic mean of the appropriate 
12 contiguous 1-hour average oxygen concentrations provided by each 
continuous monitoring system installed under paragraph (a)(2) of this 
section.
    (3) Using the following equation, correct all 12-hour average TRS 
concentrations to 10 volume percent oxygen, except that all 12-hour 
average TRS concentrations from a recovery furnace shall be corrected to 
8 volume percent oxygen instead of 10 percent, and all 12-hour average 
TRS concentrations from a facility to which the provisions of Sec. 
60.283(a)(1)(v) apply shall not be corrected for oxygen content:

Ccorr=Cmeasx(21-X/21-Y)
where:

Ccorr=the concentration corrected for oxygen.
Cmeas=the concentration uncorrected for oxygen.
X=the volumetric oxygen concentration in percentage to be corrected to 
(8 percent for recovery furnaces and 10 percent for lime kilns, 
incinerators, or other devices).
Y=the measured 12-hour average volumetric oxygen concentration.

    (4) Record once per shift measurements obtained from the continuous 
monitoring devices installed under paragraph (b)(2) of this section.
    (d) For the purpose of reports required under Sec. 60.7(c), any 
owner or operator subject to the provisions of this subpart shall report 
semiannually periods of excess emissions as follows:
    (1) For emissions from any recovery furnace periods of excess 
emissions are:
    (i) All 12-hour averages of TRS concentrations above 5 ppm by volume 
for straight kraft recovery furnaces and above 25 ppm by volume for 
cross recovery furnaces.
    (ii) All 6-minute average opacities that exceed 35 percent.
    (2) For emissions from any lime kiln, periods of excess emissions 
are all 12-hour average TRS concentration above 8 ppm by volume.
    (3) For emissions from any digester system, brown stock washer 
system, multiple-effect evaporator system, or condensate stripper system 
periods of excess emissions are:
    (i) All 12-hour average TRS concentrations above 5 ppm by volume 
unless the provisions of Sec. 60.283(a)(1) (i), (ii), or (iv) apply; or
    (ii) All periods in excess of 5 minutes and their duration during 
which the combustion temperature at the point of incineration is less 
than 650 [deg]C (1200 [deg]F), where the provisions of Sec. 
60.283(a)(1)(iii) apply.
    (e) The Administrator will not consider periods of excess emissions 
reported under paragraph (d) of this section to be indicative of a 
violation of Sec. 60.11(d) provided that:
    (1) The percent of the total number of possible contiguous periods 
of excess emissions in a quarter (excluding periods of startup, 
shutdown, or malfunction and periods when the facility is not operating) 
during which excess emissions occur does not exceed:
    (i) One percent for TRS emissions from recovery furnaces.
    (ii) Six percent for average opacities from recovery furnaces.
    (2) The Administrator determines that the affected facility, 
including air pollution control equipment, is maintained and operated in 
a manner which is consistent with good air pollution control practice 
for minimizing emissions during periods of excess emissions.
    (f) The procedures under Sec. 60.13 shall be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems required under this section. All continuous monitoring systems 
shall be operated in accordance with the applicable procedures under 
Performance Specifications 1, 3, and 5 of appendix B of this part.

[43 FR 7572, Feb. 23, 1978, as amended at 51 FR 18545, May 20, 1986; 65 
FR 61759, Oct. 17, 2000; 71 FR 55127, Sept. 21, 2006]



Sec. 60.285  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures in 
this section, except as provided in Sec. 60.8(b). Acceptable 
alternative methods and procedures are given in paragraph (f) of this 
section.
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.282(a) (1) and (3) as follows:

[[Page 448]]

    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.90 dscm (31.8 dscf). Water shall be used as 
the cleanup solvent instead of acetone in the sample recovery procedure. 
The particulate concentration shall be corrected to the appropriate 
oxygen concentration according to Sec. 60.284(c)(3).
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine the oxygen 
concentration. The gas sample shall be taken at the same time and at the 
same traverse points as the particulate sample.
    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (c) The owner or operator shall determine compliance with the 
particular matter standard in Sec. 60.282(a)(2) as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=cs Qsd/BLS

where:

E=emission rate of particulate matter, g/kg (lb/ton) of BLS.
cs = Concentration of particulate matter, g/dscm (lb/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
BLS=black liquor solids (dry weight) feed rate, kg/hr (ton/hr).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume shall be at least 60 minutes and 0.90 dscm (31.8 dscf). Water 
shall be used instead of acetone in the sample recovery.
    (3) Process data shall be used to determine the black liquor solids 
(BLS) feed rate on a dry weight basis.
    (d) The owner or operator shall determine compliance with the TRS 
standards in Sec. 60.283, except Sec. 60.283(a)(1)(vi) and (4), as 
follows:
    (1) Method 16 shall be used to determine the TRS concentration. The 
TRS concentration shall be corrected to the appropriate oxygen 
concentration using the procedure in Sec. 60.284(c)(3). The sampling 
time shall be at least 3 hours, but no longer than 6 hours.
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine the oxygen 
concentration. The sample shall be taken over the same time period as 
the TRS samples.
    (3) When determining whether a furnace is a straight kraft recovery 
furnace or a cross recovery furnace, TAPPI Method T.624 (incorporated by 
reference--see Sec. 60.17) shall be used to determine sodium sulfide, 
sodium hydroxide, and sodium carbonate. These determinations shall be 
made 3 times daily from the green liquor, and the daily average values 
shall be converted to sodium oxide (Na20) and substituted 
into the following equation to determine the green liquor sulfidity:
[GRAPHIC] [TIFF OMITTED] TR17OC00.009

Where:

GLS=green liquor sulfidity, percent.
CNa2S=concentration of Na2S as Na2O, 
mg/liter (gr/gal).
CNaOH=concentration of NaOH as Na2O, mg/liter (gr/
gal).
CNa2CO3=concentration of Na2CO3 as 
Na2O, mg/liter (gr/gal).

    (e) The owner or operator shall determine compliance with the TRS 
standards in Sec. 60.283(a)(1)(vi) and (4) as follows:
    (1) The emission rate (E) of TRS shall be computed for each run 
using the following equation:

E=CTRS F Qsd/P

where:

E=emission rate of TRS, g/kg (lb/ton) of BLS or ADP.
CTRS=average combined concentration of TRS, ppm.
F = conversion factor, 0.001417 g H2S/m\3\-ppm (8.846 x 
10-8 lb H2S/ft\3\-ppm).
Qsd=volumetric flow rate of stack gas, dscm/hr (dscf/hr).
P=black liquor solids feed or pulp production rate, kg/hr (ton/hr).

    (2) Method 16 shall be used to determine the TRS concentration 
(CTRS).
    (3) Method 2 shall be used to determine the volumetric flow rate 
(Qsd) of the effluent gas.
    (4) Process data shall be used to determine the black liquor feed 
rate or the pulp production rate (P).

[[Page 449]]

    (f) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5, Method 17 may be used if a constant value of 0.009 
g/dscm (0.004 gr/dscf) is added to the results of Method 17 and the 
stack temperature is no greater than 204 [deg]C (400 [deg]F).
    (2) In place of Method 16, Method 16A or 16B may be used.

[54 FR 6673, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 55 
FR 5212, Feb. 14, 1990; 65 FR 61759, Oct. 17, 2000]



   Subpart CC_Standards of Performance for Glass Manufacturing Plants



Sec. 60.290  Applicability and designation of affected facility.

    (a) Each glass melting furnace is an affected facility to which the 
provisions of this subpart apply.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 15, 1979, is subject to the 
requirements of this subpart.
    (c) This subpart does not apply to hand glass melting furnaces, 
glass melting furnaces designed to produce less than 4.55 Mg (5 tons) of 
glass per day and all-electric melters.

[45 FR 66751, Oct. 7, 1980, as amended at 65 FR 61759, Oct. 17, 2000]



Sec. 60.291  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part, unless 
otherwise required by the context.
    All-electric melter means a glass melting furnace in which all the 
heat required for melting is provided by electric current from 
electrodes submerged in the molten glass, although some fossil fuel may 
be charged to the furnace as raw material only.
    Borosilicate recipe means glass product composition of the following 
approximate ranges of weight proportions: 60 to 80 percent silicon 
dioxide, 4 to 10 percent total R2O (e.g., Na2O and 
K2O), 5 to 35 percent boric oxides, and 0 to 13 percent other 
oxides.
    Container glass means glass made of soda-lime recipe, clear or 
colored, which is pressed and/or blown into bottles, jars, ampoules, and 
other products listed in Standard Industrial Classification 3221 (SIC 
3221).
    Experimental furnace means a glass melting furnace with the sole 
purpose of operating to evaluate glass melting processes, technologies, 
or glass products. An experimental furnace does not produce glass that 
is sold (except for further research and development purposes) or that 
is used as a raw material for nonexperimental furnaces.
    Flat glass means glass made of soda-lime recipe and produced into 
continuous flat sheets and other products listed in SIC 3211.
    Flow channels means appendages used for conditioning and 
distributing molten glass to forming apparatuses and are a permanently 
separate source of emissions such that no mixing of emissions occurs 
with emissions from the melter cooling system prior to their being 
vented to the atmosphere.
    Glass melting furnace means a unit comprising a refractory vessel in 
which raw materials are charged, melted at high temperature, refined, 
and conditioned to produce molten glass. The unit includes foundations, 
superstructure and retaining walls, raw material charger systems, heat 
exchangers, melter cooling system, exhaust system, refractory brick 
work, fuel supply and electrical boosting equipment, integral control 
systems and instrumentation, and appendages for conditioning and 
distributing molten glass to forming apparatuses. The forming 
apparatuses, including the float bath used in flat glass manufacturing 
and flow channels in wool fiberglass and textile fiberglass 
manufacturing, are not considered part of the glass melting furnace.
    Glass produced means the weight of the glass pulled from the glass 
melting furnace.
    Hand glass melting furnace means a glass melting furnace where the 
molten glass is removed from the furnace by a glassworker using a 
blowpipe or a pontil.
    Lead recipe means glass product composition of the following ranges 
of

[[Page 450]]

weight proportions: 50 to 60 percent silicon dioxide, 18 to 35 percent 
lead oxides, 5 to 20 percent total R2O (e.g., Na2O 
and K2O), 0 to 8 percent total R2O3 
(e.g., Al2O3), 0 to 15 percent total RO (e.g., 
CaO, MgO), other than lead oxide, and 5 to 10 percent other oxides.
    Pressed and blown glass means glass which is pressed, blown, or 
both, including textile fiberglass, noncontinuous flat glass, 
noncontainer glass, and other products listed in SIC 3229. It is 
separated into:
    (1) Glass of borosilicate recipe.
    (2) Glass of soda-lime and lead recipes.
    (3) Glass of opal, fluoride, and other recipes.
    Rebricking means cold replacement of damaged or worn refractory 
parts of the glass melting furnace. Rebricking includes replacement of 
the refractories comprising the bottom, sidewalls, or roof of the 
melting vessel; replacement of refractory work in the heat exchanger; 
replacement of refractory portions of the glass conditioning and 
distribution system.
    Soda-lime recipe means glass product composition of the following 
ranges of weight proportions: 60 to 75 percent silicon dioxide, 10 to 17 
percent total R2O (e.g., Na2O and K2O), 
8 to 20 percent total RO but not to include any PbO (e.g., CaO, and 
MgO), 0 to 8 percent total R2O3 (e.g., 
Al2O3), and 1 to 5 percent other oxides.
    Textile fiberglass means fibrous glass in the form of continuous 
strands having uniform thickness.
    With modified-processes means using any technique designed to 
minimize emissions without the use of add-on pollution controls.
    Wool fiberglass means fibrous glass of random texture, including 
fiberglass insulation, and other products listed in SIC 3296.

[45 FR 66751, Oct. 7, 1980, as amended at 49 FR 41035, Oct. 19, 1984; 65 
FR 61759, Oct. 17, 2000]



Sec. 60.292  Standards for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator of a glass 
melting furnace subject to the provisions of this subpart shall cause to 
be discharged into the atmosphere--
    (1) From any glass melting furnace fired exclusively with either a 
gaseous fuel or a liquid fuel, particulate matter at emission rates 
exceeding those specified in table CC-1, Column 2 and Column 3, 
respectively, or
    (2) From any glass melting furnace, fired simultaneously with 
gaseous and liquid fuels, particulate matter at emission rates exceeding 
STD as specified by the following equation:

STD=X [1.3(Y)+(Z)]

Where:

STD=Particulate matter emission limit, g of particulate/kg (lb of 
particulate/ton) of glass produced.
X=Emission rate specified in table CC-1 for furnaces fired with gaseous 
fuel (Column 2).
Y=Decimal fraction of liquid fuel heating value to total (gaseous and 
liquid) fuel heating value fired in the glass melting furnaces as 
determined in Sec. 60.296(b). (joules/joules).
Z=(1-Y).

    (b) Conversion of a glass melting furnace to the use of liquid fuel 
is not considered a modification for the purposes of Sec. 60.14.
    (c) Rebricking and the cost of rebricking is not considered a 
reconstruction for the purposes of Sec. 60.15.
    (d) An owner or operator of an experimental furnace is not subject 
to the requirements of this section.
    (e) During routine maintenance of add-on pollution controls, an 
owner or operator of a glass melting furnace subject to the provisions 
of paragraph (a) of this section is exempt from the provisions of 
paragraph (a) of this section if:
    (1) Routine maintenance in each calendar year does not exceed 6 
days;
    (2) Routine maintenance is conducted in a manner consistent with 
good air pollution control practices for minimizing emissions; and
    (3) A report is submitted to the Administrator 10 days before the 
start of the routine maintenance (if 10 days cannot be provided, the 
report must be submitted as soon as practicable) and the report contains 
an explanation of the schedule of the maintenance.

[[Page 451]]



                       Table CC-1--Emission Rates
                 [g of particulate/kg of glass produced]
------------------------------------------------------------------------
                                                   Col. 2--    Col. 3--
                                                    Furnace     Furnace
   Col. 1--Glass manufacturing plant industry     fired with  fired with
                     segment                        gaseous     liquid
                                                     fuel        fuel
------------------------------------------------------------------------
Container glass.................................      0.1         0.13
Pressed and blown glass
  (a) Borosilicate Recipes......................      0.5         0.65
  (b) Soda-Lime and Lead Recipes................      0.1         0.13
  (c) Other-Than Borosilicate, Soda-Lime, and         0.25        0.325
   Lead Recipes (including opal, fluoride, and
   other recipes)...............................
Wool fiberglass.................................      0.25        0.325
Flat glass......................................      0.225       0.225
------------------------------------------------------------------------


[45 FR 66751, Oct. 7, 1980, as amended at 49 FR 41035, Oct. 19, 1984; 54 
FR 6674, Feb. 14, 1989; 65 FR 61759, Oct. 17, 2000]



Sec. 60.293  Standards for particulate matter from glass melting 
furnace with modified-processes.

    (a) An owner or operator of a glass melting furnaces with modified-
processes is not subject to the provisions of Sec. 60.292 if the 
affected facility complies with the provisions of this section.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator of a glass 
melting furnace with modified-processes subject to the provisions of 
this subpart shall cause to be discharged into the atmosphere from the 
affected facility:
    (1) Particulate matter at emission rates exceeding 0.5 gram of 
particulate per kilogram of glass produced (g/kg) as measured according 
to paragraph (e) of this section for container glass, flat glass, and 
pressed and blown glass with a soda-lime recipe melting furnaces.
    (2) Particulate matter at emission rates exceeding 1.0 g/kg as 
measured according to paragraph (e) of this section for pressed and 
blown glass with a borosilicate recipe melting furnace.
    (3) Particulate matter at emission rates exceeding 0.5 g/kg as 
measured according to paragraph (e) of this section for textile 
fiberglass and wool fiberglass melting furnaces.
    (c) The owner or operator of an affected facility that is subject to 
emission limits specified under paragraph (b) of this section shall:
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system for the measurement of the opacity of emissions 
discharged into the atmosphere from the affected facility.
    (2) During the performance test required to be conducted by Sec. 
60.8, conduct continuous opacity monitoring during each test run.
    (3) Calculate 6-minute opacity averages from 24 or more data points 
equally spaced over each 6-minute period during the test runs.
    (4) Determine, based on the 6-minute opacity averages, the opacity 
value corresponding to the 99 percent upper confidence level of a normal 
distribution of average opacity values.
    (5) For the purposes of Sec. 60.7, report to the Administrator as 
excess emissions all of the 6-minute periods during which the average 
opacity, as measured by the continuous monitoring system installed under 
paragraph (c)(1) of this section, exceeds the opacity value 
corresponding to the 99 percent upper confidence level determined under 
paragraph (c)(4) of this section.
    (d)(1) After receipt and consideration of written application, the 
Administrator may approve alternative continuous monitoring systems for 
the measurement of one or more process or operating parameters that is 
or are demonstrated to enable accurate and representative monitoring of 
an emission limit specified in paragraph (b) of this section.
    (2) After the Administrator approves an alternative continuous 
monitoring system for an affected facility, the requirements of 
paragraphs (c) (1) through (5) of this section will not apply for that 
affected facility.
    (e) An owner or operator may redetermine the opacity value 
corresponding to the 99 percent upper confidence level as described in 
paragraph (c)(4) of this section if the owner or operator:
    (1) Conducts continuous opacity monitoring during each test run of a 
performance test that demonstrates compliance with an emission limit of 
paragraph (b) of this section,
    (2) Recalculates the 6-minute opacity averages as described in 
paragraph (c)(3) of this section, and
    (3) Uses the redetermined opacity value corresponding to the 99 
percent

[[Page 452]]

upper confidence level for the purposes of paragraph (c)(5) of this 
section.
    (f) Test methods and procedures as specified in Sec. 60.296 shall 
be used to determine compliance with this section except that to 
determine compliance for any glass melting furnace using modified 
processes and fired with either a gaseous fuel or a liquid fuel 
containing less than 0.50 weight percent sulfur, Method 5 shall be used 
with the probe and filter holder heating system in the sampling train 
set to provide a gas temperature of 120 14 [deg]C 
(248 25 [deg]F).

[49 FR 41036, Oct. 19, 1984, as amended at 64 FR 7466, Feb. 12, 1999; 65 
FR 61759, Oct. 17, 2000]



Sec. Sec. 60.294-60.295  [Reserved]



Sec. 60.296  Test methods and procedures.

    (a) If a glass melting furnace with modified processes is changed to 
one without modified processes or if a glass melting furnace without 
modified processes is changed to one with modified processes, the owner 
or operator shall notify the Administrator at least 60 days before the 
change is scheduled to occur.
    (b) When gaseous and liquid fuels are fired simultaneously in a 
glass melting furnace, the owner or operator shall determine the 
applicable standard under Sec. 60.292(a)(2) as follows:
    (1) The ratio (Y) of liquid fuel heating value to total (gaseous and 
liquid) fuel heating value fired in the glass melting furnaces shall be 
computed for each run using the following equation:

Y=(Hl L)/(Hl L+Hg G)

where:

Y=decimal fraction of liquid fuel heating value to total fuel heating 
value.
Hl=gross calorific value of liquid fuel, J/kg.
Hg=gross calorific value of gaseous fuel, J/kg.
L=liquid flow rate, kg/hr.
G=gaseous flow rate, kg/hr.

    (2) Suitable methods shall be used to determine the rates (L and G) 
of fuels burned during each test period and a material balance over the 
glass melting furnace shall be used to confirm the rates.
    (3) ASTM Method D240-76 or 92 (liquid fuels) and D1826-77 or 94 
(gaseous fuels) (incorporated by reference--see Sec. 60.17), as 
applicable, shall be used to determine the gross calorific values.
    (c) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (d) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. Sec. 60.292 and 60.293 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=(cs Qsd-A)/P

where:

E=emission rate of particulate matter, g/kg.
cs=concentration of particulate matter, g/dsm.
Qsd=volumetric flow rate, dscm/hr.
A=zero production rate correction
=227 g/hr for container glass, pressed and blown (soda-lime and lead) 
glass, and pressed and blown (other than borosilicate, soda-lime, and 
lead) glass.
=454 g/hr for pressed and blown (borosilicate) glass, wool fiberglass, 
and flat glass.
P=glass production rate, kg/hr.

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. The sampling time and sample volume for each run 
shall be at least 60 minutes and 0.90 dscm (31.8 dscf). The probe and 
filter holder heating system may be set to provide a gas temperature no 
greater than 177 14 [deg]C (350 25 [deg]F), except under the conditions specified in 
Sec. 60.293(e).
    (3) Direct measurement or material balance using good engineering 
practice shall be used to determine the amount of glass pulled during 
the performance test. The rate of glass produced is defined as the 
weight of glass pulled from the affected facility during the performance 
test divided by the number of hours taken to perform the performance 
test.
    (4) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.

[54 FR 6674, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 65 
FR 61759, Oct. 17, 2000]

[[Page 453]]



         Subpart DD_Standards of Performance for Grain Elevators

    Source: 43 FR 34347, Aug. 3, 1978, unless otherwise noted.



Sec. 60.300  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each affected facility 
at any grain terminal elevator or any grain storage elevator, except as 
provided under Sec. 60.304(b). The affected facilities are each truck 
unloading station, truck loading station, barge and ship unloading 
station, barge and ship loading station, railcar loading station, 
railcar unloading station, grain dryer, and all grain handling 
operations.
    (b) Any facility under paragraph (a) of this section which commences 
construction, modification, or reconstruction after August 3, 1978, is 
subject to the requirements of this part.

[43 FR 34347, Aug. 3, 1978, as amended at 52 FR 42434, Nov. 5, 1988]



Sec. 60.301  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Grain means corn, wheat, sorghum, rice, rye, oats, barley, and 
soybeans.
    (b) Grain elevator means any plant or installation at which grain is 
unloaded, handled, cleaned, dried, stored, or loaded.
    (c) Grain terminal elevator means any grain elevator which has a 
permanent storage capacity of more than 88,100 m\3\ (ca. 2.5 million 
U.S. bushels), except those located at animal food manufacturers, pet 
food manufacturers, cereal manufacturers, breweries, and livestock 
feedlots.
    (d) Permanent storage capacity means grain storage capacity which is 
inside a building, bin, or silo.
    (e) Railcar means railroad hopper car or boxcar.
    (f) Grain storage elevator means any grain elevator located at any 
wheat flour mill, wet corn mill, dry corn mill (human consumption), rice 
mill, or soybean oil extraction plant which has a permanent grain 
storage capacity of 35,200 m\3\ (ca. 1 million bushels).
    (g) Process emission means the particulate matter which is collected 
by a capture system.
    (h) Fugitive emission means the particulate matter which is not 
collected by a capture system and is released directly into the 
atmosphere from an affected facility at a grain elevator.
    (i) Capture system means the equipment such as sheds, hoods, ducts, 
fans, dampers, etc. used to collect particulate matter generated by an 
affected facility at a grain elevator.
    (j) Grain unloading station means that portion of a grain elevator 
where the grain is transferred from a truck, railcar, barge, or ship to 
a receiving hopper.
    (k) Grain loading station means that portion of a grain elevator 
where the grain is transferred from the elevator to a truck, railcar, 
barge, or ship.
    (l) Grain handling operations include bucket elevators or legs 
(excluding legs used to unload barges or ships), scale hoppers and surge 
bins (garners), turn heads, scalpers, cleaners, trippers, and the 
headhouse and other such structures.
    (m) Column dryer means any equipment used to reduce the moisture 
content of grain in which the grain flows from the top to the bottom in 
one or more continuous packed columns between two perforated metal 
sheets.
    (n) Rack dryer means any equipment used to reduce the moisture 
content of grain in which the grain flows from the top to the bottom in 
a cascading flow around rows of baffles (racks).
    (o) Unloading leg means a device which includes a bucket-type 
elevator which is used to remove grain from a barge or ship.

[43 FR 34347, Aug. 3, 1978, as amended at 65 FR 61759, Oct. 17, 2000]



Sec. 60.302  Standard for particulate matter.

    (a) On and after the 60th day of achieving the maximum production 
rate at which the affected facility will be operated, but no later than 
180 days after initial startup, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere any gases which

[[Page 454]]

exhibit greater than 0 percent opacity from any:
    (1) Column dryer with column plate perforation exceeding 2.4 mm 
diameter (ca. 0.094 inch).
    (2) Rack dryer in which exhaust gases pass through a screen filter 
coarser than 50 mesh.
    (b) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility except a grain dryer any process 
emission which:
    (1) Contains particulate matter in excess of 0.023 g/dscm (ca. 0.01 
gr/dscf).
    (2) Exhibits greater than 0 percent opacity.
    (c) On and after the 60th day of achieving the maximum production 
rate at which the affected facility will be operated, but no later than 
180 days after initial startup, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere any fugitive emission from:
    (1) Any individual truck unloading station, railcar unloading 
station, or railcar loading station, which exhibits greater than 5 
percent opacity.
    (2) Any grain handling operation which exhibits greater than 0 
percent opacity.
    (3) Any truck loading station which exhibits greater than 10 percent 
opacity.
    (4) Any barge or ship loading station which exhibits greater than 20 
percent opacity.
    (d) The owner or operator of any barge or ship unloading station 
shall operate as follows:
    (1) The unloading leg shall be enclosed from the top (including the 
receiving hopper) to the center line of the bottom pulley and 
ventilation to a control device shall be maintained on both sides of the 
leg and the grain receiving hopper.
    (2) The total rate of air ventilated shall be at least 32.1 actual 
cubic meters per cubic meter of grain handling capacity (ca. 40 ft\3\/
bu).
    (3) Rather than meet the requirements of paragraphs (d)(1) and (2) 
of this section the owner or operator may use other methods of emission 
control if it is demonstrated to the Administrator's satisfaction that 
they would reduce emissions of particulate matter to the same level or 
less.



Sec. 60.303  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (c) 
of this section.
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.302 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration and the volumetric flow rate of the effluent gas. The 
sampling time and sample volume for each run shall be at least 60 
minutes and 1.70 dscm (60 dscf). The probe and filter holder shall be 
operated without heaters.
    (2) Method 2 shall be used to determine the ventilation volumetric 
flow rate.
    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5, Method 17 may be used.

[54 FR 6674, Feb. 14, 1989]



Sec. 60.304  Modifications.

    (a) The factor 6.5 shall be used in place of ``annual asset 
guidelines repair allowance percentage,'' to determine whether a capital 
expenditure as defined by Sec. 60.2 has been made to an existing 
facility.
    (b) The following physical changes or changes in the method of 
operation shall not by themselves be considered a modification of any 
existing facility:
    (1) The addition of gravity loadout spouts to existing grain storage 
or grain transfer bins.
    (2) The installation of automatic grain weighing scales.

[[Page 455]]

    (3) Replacement of motor and drive units driving existing grain 
handling equipment.
    (4) The installation of permanent storage capacity with no increase 
in hourly grain handling capacity.



    Subpart EE_Standards of Performance for Surface Coating of Metal 
                                Furniture

    Source: 47 FR 49287, Oct. 29, 1982, unless otherwise noted.



Sec. 60.310  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each metal furniture surface coating operation in which organic 
coatings are applied.
    (b) This subpart applies to each affected facility identified in 
paragraph (a) of this section on which construction, modification, or 
reconstruction is commenced after November 28, 1980.
    (c) Any owner or operator of a metal furniture surface coating 
operation that uses less than 3,842 liters of coating (as applied) per 
year and keeps purchase or inventory records or other data necessary to 
substantiate annual coating usage shall be exempt from all other 
provisions of this subpart. These records shall be maintained at the 
source for a period of at least 2 years.

[47 FR 49287, Oct. 29, 1982, as amended at 50 FR 18248, Apr. 30, 1985]



Sec. 60.311  Definitions and symbols.

    (a) All terms used in this subpart not defined below are given the 
meaning in the Act and in subpart A of this part.
    Bake oven means a device which uses heat to dry or cure coatings.
    Dip coating means a method of applying coatings in which the part is 
submerged in a tank filled with the coatings.
    Electrodeposition (EDP) means a method of applying coatings in which 
the part is submerged in a tank filled with the coatings and in which an 
electrical potential is used to enhance deposition of the coatings on 
the part.
    Electrostatic spray application means a spray application method 
that uses an electrical potential to increase the transfer efficiency of 
the coatings.
    Flash-off area means the portion of a surface coating operation 
between the coating application area and bake oven.
    Flow coating means a method of applying coatings in which the part 
is carried through a chamber containing numerous nozzles which direct 
unatomized streams of coatings from many different angles onto the 
surface of the part.
    Organic coating means any coating used in a surface coating 
operation, including dilution solvents, from which volatile organic 
compound emissions occur during the application or the curing process. 
For the purpose of this regulation, powder coatings are not included in 
this definition.
    Powder coating means any surface coating which is applied as a dry 
powder and is fused into a continuous coating film through the use of 
heat.
    Spray application means a method of applying coatings by atomizing 
and directing the atomized spray toward the part to be coated.
    Surface coating operation means the system on a metal furniture 
surface coating line used to apply and dry or cure an organic coating on 
the surface of the metal furniture part or product. The surface coating 
operation may be a prime coat or a top coat operation and includes the 
coating application station(s), flash-off area, and curing oven.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of a part or product to the total amount of 
coating solids used.
    VOC content means the proportion of a coating that is volatile 
organic compounds (VOC's), expressed as kilograms of VOC's per liter of 
coating solids.
    VOC emissions means the mass of volatile organic compounds (VOC's), 
expressed as kilograms of VOC's per liter of applied coating solids, 
emitted from a metal furniture surface coating operation.
    (b) All symbols used in this subpart not defined below are given the 
meaning in the Act and in subpart A of this part.


[[Page 456]]


Ca=the VOC concentration in each gas stream leaving the 
control device and entering the atmosphere (parts per million by volume, 
as carbon)
Cb=the VOC concentration in each gas stream entering the 
control device (parts per million by volume, as carbon)
Cf=the VOC concentration in each gas stream emitted directly 
to the atmosphere (parts per million by volume, as carbon)
Dc=density of each coating, as received (kilograms per liter)
Dd=density of each diluent VOC-solvent (kilograms per liter)
Dr=density of VOC-solvent recovered by an emission control 
device (kilograms per liter)
E=VOC destruction efficiency of the control device (fraction)
F=the proportion of total VOC's emitted by an affected facility that 
enters the control device (fraction)
G=the volume-weighted average mass of VOC's in coatings consumed in a 
calendar month per unit volume of coating solids applied (kilograms per 
liter)
Lc=the volume of each coating consumed, as received (liters)
Ld=the volume of each diluent VOC-solvent added to coatings 
(liters)
Lr=the volume of VOC-solvent recovered by an emission control 
device (liters)
Ls=the volume of coating solids consumed (liters)
Md=the mass of diluent VOC-solvent consumed (kilograms)
Mo=the mass of VOC's in coatings consumed, as received 
(kilograms)
Mr=the mass of VOC's recovered by an emission control device 
(kilograms)
N=the volume weighted average mass of VOC emissions to the atmosphere 
per unit volume of coating solids applied (kilograms per liter)
Qa=the volumetric flow rate of each gas stream leaving the 
control device and entering the atmosphere (dry standard cubic meters 
per hour)
Qb=the volumetric flow rate of each gas stream entering the 
control device (dry standard cubic meters per hour)
Qf=the volumetric flow rate of each gas stream emitted 
directly to the atmosphere (dry standard cubic meters per hour)
R=the overall VOC emission reduction achieved for an affected facility 
(fraction)
T=the transfer efficiency (fraction)
Vs=the proportion of solids in each coating (or input 
stream), as received (fraction by volume)
Wo=the proportion of VOC's in each coating (or input stream), 
as received (fraction by weight)



Sec. 60.312  Standard for volatile organic compounds (VOC).

    (a) On and after the date on which the initial performance test 
required to be conducted by Sec. 60.8(a) is completed, no owner or 
operator subject to the provisions of this subpart shall cause the 
discharge into the atmosphere of VOC emissions from any metal furniture 
surface coating operation in excess of 0.90 kilogram of VOC per liter of 
coating solids applied.



Sec. 60.313  Performance tests and compliance provisions.

    (a) Section 60.8(d) and (f) do not apply to the performance test 
procedures required by this subpart.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec. 60.8(a) and thereafter 
a performance test each calendar month for each affected facility 
according to the procedures in this section.
    (c) The owner or operator shall use the following procedures for 
determining monthly volume-weighted average emissions of VOC's in 
kilograms per liter of coating solids applied (G).
    (1) An owner or operator shall use the following procedures for any 
affected facility which does not use a capture system and control device 
to comply with the emissions limit specified under Sec. 60.312. The 
owner or operator shall determine the composition of the coatings by 
formulation data supplied by the manufacturer of the coating or by an 
analysis of each coating, as received, using Method 24. The 
Administrator may require the owner or operator who uses formulation 
data supplied by the manufacturer of the coating to determine the VOC 
content of coatings using Method 24. The owner or operator shall 
determine the volume of coating and the mass of VOC-solvent used for 
thinning purposes from company records on a monthly basis. If a common 
coating distribution system serves more than one affected facility or 
serves both affected and existing facilities, the owner or operator 
shall estimate the volume of coating used at each facility by using the 
average dry weight of coating and the surface area

[[Page 457]]

coated by each affected and existing facility or by other procedures 
acceptable to the Administrator.
    (i) Calculate the volume-weighted average of the total mass of VOC's 
consumed per unit volume of coating solids applied (G) during each 
calendar month for each affected facility, except as provided under 
Sec. 60.313(c)(2) and (c)(3). Each monthly calculation is considered a 
performance test. Except as provided in paragraph (c)(1)(iv) of this 
section, the volume-weighted average of the total mass of VOC's consumed 
per unit volume of coating solids applied (G) each calendar month will 
be determined by the following procedures.
    (A) Calculate the mass of VOC's used (Mo+Md) 
during each calendar month for each affected facility by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.015

([Sigma]LdjDdj will be 0 if no VOC solvent is 
added to the coatings, as received.)

Where: n is the number of different coatings used during the calendar 
month and m is the number of different diluent VOC-solvents used during 
the calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in each calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.016

Where: n is the number of different coatings used during the calendar 
month.


Select the appropriate transfer efficiency from table 1. If the owner or 
operator can demonstrate to the satisfaction of the Administrator that 
transfer efficiencies other than those shown are appropriate, the 
Administrator will approve their use on a case-by-case basis. Transfer 
efficiency values for application methods not listed below shall be 
determined by the Administrator on a case-by-case basis. An owner or 
operator must submit sufficient data for the Administrator to judge the 
accuracy of the transfer efficiency claims.

                     Table 1--Transfer Efficiencies
------------------------------------------------------------------------
                                                               Transfer
                     Application methods                      efficiency
                                                                  (T)
------------------------------------------------------------------------
Air atomized spray..........................................        0.25
Airless spray...............................................         .25
Manual electrostatic spray..................................         .60
Nonrotational automatic electrostatic spray.................         .70
Rotating head electrostatic spray (manual and automatic)....         .80
Dip coat and flow coat......................................         .90
Electrodeposition...........................................         .95
------------------------------------------------------------------------


Where more than one application method is used within a single surface 
coating operation, the owner or operator shall determine the composition 
and volume of each coating applied by each method through a means 
acceptable to the Administrator and compute the weighted average 
transfer efficiency by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.017

Where n is the number of coatings used and p is the number of 
application methods used.

    (C) Calculate the volume-weighted average mass of VOC's consumed per 
unit volume of coating solids applied (G) during the calendar month for 
each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.018

    (ii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during the calendar month for each affected facility by 
the following equation:


N=G

    (iii) Where the volume-weighted average mass of VOC discharged to 
the atmosphere per unit volume of coating solids applied (N) is less 
than or equal to 0.90 kilogram per liter, the affected facility is in 
compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content, as received, which when divided by the lowest transfer 
efficiency at which the coating is applied, results in

[[Page 458]]

a value equal to or less than 0.90 kilogram per liter, the affected 
facility is in compliance provided no VOC's are added to the coatings 
during distribution or application.
    (2) An owner or operator shall use the following procedures for any 
affected facility that uses a capture system and a control device that 
destroys VOC's (e.g., incinerator) to comply with the emission limit 
specified under Sec. 60.312.
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device. For the initial performance test the overall 
reduction efficiency (R) shall be determined as prescribed in paragraphs 
(c)(2)(i) (A), (B), and (C) of this section. In subsequent months, the 
owner or operator may use the most recently determined overall reduction 
efficiency (R) for the performance test providing control device and 
capture system operating conditions have not changed. The procedure in, 
paragraphs (c)(2)(i) (A), (B), and (C), of this section, shall be 
repeated when directed by the Administrator or when the owner or 
operator elects to operate the control device or capture system at 
conditions different from the initial performance test.
    (A) Determine the fraction (F) of total VOC's emitted by an affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.010

Where

n is the number of gas streams entering the control device and
m is the number of gas streams emitted directly to the atmosphere.

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.011

Where:

n is the number of gas streams entering the control device, and
m is the number of gas streams leaving the contol device and entering 
the atmosphere.

    (C) Determine overall reduction efficiency (R) using the following 
equation:

R=EF

    (ii) Calculate the volume-weighted average of the total mass of 
VOC's per unit volume of coating solids applied (G) during each calendar 
month for each affected facility using equations in paragraphs (c)(1)(i) 
(A), (B), and (C) of this section.
    (iii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month by the following equation:

N=G(1-R)

    (iv) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is less than or equal to 0.90 
kilogram per liter of coating solids applied, the affected facility is 
in compliance. Each monthly calculation is a performance test.
    (3) An owner or operator shall use the following procedure for any 
affected facility which uses a control device that recovers the VOC's 
(e.g., carbon adsorber) to comply with the applicable emission limit 
specified under Sec. 60.312.
    (i) Calculate the total mass of VOC's consumed 
(Mo+Md) and the volume-weighted average of the 
total mass of VOC's per unit volume of coating solids applied (G) during 
each calendar month for each affected facility using equations in 
paragraph (c)(1)(i) (A), (B), and (C) of this section.
    (ii) Calculate the total mass of VOC's recovered (Mr) 
during each calendar month using the following equation:

Mr=Lr Dr

    (iii) Calculate overall reduction efficiency of the control device 
(R) for each calendar month for each affected facility using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.019

    (iv) Calculate the volume-weighted average mass of VOC's emitted to 
the

[[Page 459]]

atmosphere (N) for each calendar month for each affected facility using 
equation in paragraph (c)(2)(iii) of this section.
    (v) If the weighted average mass of VOC's emitted to the atmosphere 
for each calendar month (N) is less than or equal to 0.90 kilogram per 
liter of coating solids applied, the affected facility is in compliance. 
Each monthly calculation is a performance test.

[47 FR 49287, Oct. 29, 1982, as amended at 65 FR 61759, Oct. 17, 2000]



Sec. 60.314  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility which uses a 
capture system and an incinerator to comply with the emission limits 
specified under Sec. 60.312 shall install, calibrate, maintain, and 
operate temperature measurement devices according to the following 
procedures:
    (1) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, a temperature measurement device shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (2) Each temperature measurement device shall be installed, 
calibrated, and maintained according to the manufacturer's 
specifications. The device shall have an accuracy of the greater of 0.75 
percent of the temperature being measured expressed in degrees Celsius 
or 2.5 [deg]C.
    (3) Each temperature measurement device shall be equipped with a 
recording device so that a permanent continuous record is produced.
    (b) The owner or operator of an affected facility which uses a 
capture system and a solvent recovery system to comply with the emission 
limits specified under Sec. 60.312 shall install the equipment 
necessary to determine the total volume of VOC-solvent recovered daily.



Sec. 60.315  Reporting and recordkeeping requirements.

    (a) The reporting requirements of Sec. 60.8(a) apply only to the 
initial performance test. Each owner or operator subject to the 
provisions of this subpart shall include the following data in the 
report of the initial performance test required under Sec. 60.8(a):
    (1) Except as provided in paragraph (a)(2) of this section, the 
volume-weighted average mass of VOC's emitted to the atmosphere per 
volume of applied coating solids (N) for a period of one calendar month 
from each affected facility.
    (2) For each affected facility where compliance is determined under 
the provisions of Sec. 60.313(c)(1)(iv), a list of the coatings used 
during a period of one calendar month, the VOC content of each coating 
calculated from data determined using Method 24 or supplied by the 
manufacturer of the coating, and the minimum transfer efficiency of any 
coating application equipment used during the month.
    (3) For each affected facility where compliance is achieved through 
the use of an incineration system, the following additional information 
will be reported:
    (i) The proportion of total VOC's emitted that enters the control 
device (F),
    (ii) The VOC reduction efficiency of the control device (E),
    (iii) The average combustion temperature (or the average temperature 
upstream and downstream of the catalyst bed), and
    (iv) A description of the method used to establish the amount of 
VOC's captured and sent to the incinerator.
    (4) For each affected facility where compliance is achieved through 
the use of a solvent recovery system, the following additional 
information will be reported:
    (i) The volume of VOC-solvent recovered (Lr), and
    (ii) The overall VOC emission reduction achieved (R).
    (b) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the total mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec. 60.312. If no such instances have occurred 
during a particular quarter, a

[[Page 460]]

report stating this shall be submitted to the Administrator 
semiannually.
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit at the frequency 
specified in Sec. 60.7(c) the following:
    (1) Where compliance with Sec. 60.312 is achieved through the use 
of thermal incineration, each 3-hour period when metal furniture is 
being coated during which the average temperature of the device was more 
than 28 [deg]C below the average temperature of the device during the 
most recent performance test at which destruction efficiency was 
determined as specified under Sec. 60.313.
    (2) Where compliance with Sec. 60.312 is achieved through the use 
of catalytic incineration, each 3-hour period when metal furniture is 
being coated during which the average temperature of the device 
immediately before the catalyst bed is more than 28 [deg]C below the 
average temperature of the device immediately before the catalyst bed 
during the most recent performance test at which destruction efficiency 
was determined as specified under Sec. 60.313. Additionally, when metal 
furniture is being coated, all 3-hour periods during which the average 
temperature difference across the catalyst bed is less than 80 percent 
of the average temperature difference across the catalyst bed during the 
most recent performance test at which destruction efficiency was 
determined as specified under Sec. 60.313 will be recorded.
    (3) For thermal and catalytic incinerators, if no such periods as 
described in paragraphs (c)(1) and (c)(2) of this section occur, the 
owner or operator shall state this in the report.
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine VOC emissions from each 
affected facility. Where compliance is achieved through the use of 
thermal incineration, each owner or operator shall maintain, at the 
source, daily records of the incinerator combustion chamber temperature. 
If catalytic incineration is used, the owner or operator shall maintain 
at the source daily records of the gas temperature, both upstream and 
downstream of the incinerator catalyst bed. Where compliance is achieved 
through the use of a solvent recovery system, the owner or operator 
shall maintain at the source daily records of the amount of solvent 
recovered by the system for each affected facility.

[47 FR 49287, Oct. 29, 1982, as amended at 55 FR 51383, Dec. 13, 1990; 
65 FR 61759, Oct. 17, 2000]



Sec. 60.316  Test methods and procedures.

    (a) The reference methods in appendix A to this part except as 
provided under Sec. 60.8(b) shall be used to determine compliance with 
Sec. 60.312 as follows:
    (1) Method 24, or coating manufacturer's formulation data, for use 
in the determination of VOC content of each batch of coating as applied 
to the surface of the metal parts. In case of an inconsistency between 
the Method 24 results and the formulation data, the Method 24 results 
will govern.
    (2) Method 25 for the measurement of VOC concentration.
    (3) Method 1 for sample and velocity traverses.
    (4) Method 2 for velocity and volumetric flow rate.
    (5) Method 3 for gas analysis.
    (6) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be at least a 1 liter 
sample in a 1 liter container taken at a point where the sample will be 
representative of the coating material as applied to the surface of the 
metal part.
    (c) For Method 25, the minimum sampling time for each of 3 runs is 
60 minutes and the minimum sample volume is 0.003 dry standard cubic 
meters except that shorter sampling times or smaller volumes, when 
necessitated by process variables or other factors, may be approved by 
the Administrator.
    (d) The Administrator will approve testing of representative stacks 
on a case-by-case basis if the owner or operator can demonstrate to the 
satisfaction of the Administrator that testing of representative stacks 
yields results comparable to those that would be obtained by testing all 
stacks.

Subpart FF [Reserved]

[[Page 461]]



     Subpart GG_Standards of Performance for Stationary Gas Turbines



Sec. 60.330  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities: All stationary gas turbines with a heat input at 
peak load equal to or greater than 10.7 gigajoules (10 million Btu) per 
hour, based on the lower heating value of the fuel fired.
    (b) Any facility under paragraph (a) of this section which commences 
construction, modification, or reconstruction after October 3, 1977, is 
subject to the requirements of this part except as provided in 
paragraphs (e) and (j) of Sec. 60.332.

[44 FR 52798, Sept. 10, 1979, as amended at 52 FR 42434, Nov. 5, 1987; 
65 FR 61759, Oct. 17, 2000]



Sec. 60.331  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Stationary gas turbine means any simple cycle gas turbine, 
regenerative cycle gas turbine or any gas turbine portion of a combined 
cycle steam/electric generating system that is not self propelled. It 
may, however, be mounted on a vehicle for portability.
    (b) Simple cycle gas turbine means any stationary gas turbine which 
does not recover heat from the gas turbine exhaust gases to preheat the 
inlet combustion air to the gas turbine, or which does not recover heat 
from the gas turbine exhaust gases to heat water or generate steam.
    (c) Regenerative cycle gas turbine means any stationary gas turbine 
which recovers heat from the gas turbine exhaust gases to preheat the 
inlet combustion air to the gas turbine.
    (d) Combined cycle gas turbine means any stationary gas turbine 
which recovers heat from the gas turbine exhaust gases to heat water or 
generate steam.
    (e) Emergency gas turbine means any stationary gas turbine which 
operates as a mechanical or electrical power source only when the 
primary power source for a facility has been rendered inoperable by an 
emergency situation.
    (f) Ice fog means an atmospheric suspension of highly reflective ice 
crystals.
    (g) ISO standard day conditions means 288 degrees Kelvin, 60 percent 
relative humidity and 101.3 kilopascals pressure.
    (h) Efficiency means the gas turbine manufacturer's rated heat rate 
at peak load in terms of heat input per unit of power output based on 
the lower heating value of the fuel.
    (i) Peak load means 100 percent of the manufacturer's design 
capacity of the gas turbine at ISO standard day conditions.
    (j) Base load means the load level at which a gas turbine is 
normally operated.
    (k) Fire-fighting turbine means any stationary gas turbine that is 
used solely to pump water for extinguishing fires.
    (l) Turbines employed in oil/gas production or oil/gas 
transportation means any stationary gas turbine used to provide power to 
extract crude oil/natural gas from the earth or to move crude oil/
natural gas, or products refined from these substances through 
pipelines.
    (m) A Metropolitan Statistical Area or MSA as defined by the 
Department of Commerce.
    (n) Offshore platform gas turbines means any stationary gas turbine 
located on a platform in an ocean.
    (o) Garrison facility means any permanent military installation.
    (p) Gas turbine model means a group of gas turbines having the same 
nominal air flow, combuster inlet pressure, combuster inlet temperature, 
firing temperature, turbine inlet temperature and turbine inlet 
pressure.
    (q) Electric utility stationary gas turbine means any stationary gas 
turbine constructed for the purpose of supplying more than one-third of 
its potential electric output capacity to any utility power distribution 
system for sale.
    (r) Emergency fuel is a fuel fired by a gas turbine only during 
circumstances, such as natural gas supply curtailment or breakdown of 
delivery system, that make it impossible to fire natural gas in the gas 
turbine.

[[Page 462]]

    (s) Unit operating hour means a clock hour during which any fuel is 
combusted in the affected unit. If the unit combusts fuel for the entire 
clock hour, it is considered to be a full unit operating hour. If the 
unit combusts fuel for only part of the clock hour, it is considered to 
be a partial unit operating hour.
    (t) Excess emissions means a specified averaging period over which 
either:
    (1) The NOX emissions are higher than the applicable 
emission limit in Sec. 60.332;
    (2) The total sulfur content of the fuel being combusted in the 
affected facility exceeds the limit specified in Sec. 60.333; or
    (3) The recorded value of a particular monitored parameter is 
outside the acceptable range specified in the parameter monitoring plan 
for the affected unit.
    (u) Natural gas means a naturally occurring fluid mixture of 
hydrocarbons (e.g., methane, ethane, or propane) produced in geological 
formations beneath the Earth's surface that maintains a gaseous state at 
standard atmospheric temperature and pressure under ordinary conditions. 
Natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Equivalents of this in other units are as follows: 
0.068 weight percent total sulfur, 680 parts per million by weight 
(ppmw) total sulfur, and 338 parts per million by volume (ppmv) at 20 
degrees Celsius total sulfur. Additionally, natural gas must either be 
composed of at least 70 percent methane by volume or have a gross 
calorific value between 950 and 1100 British thermal units (Btu) per 
standard cubic foot. Natural gas does not include the following gaseous 
fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace 
gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel 
produced in a process which might result in highly variable sulfur 
content or heating value.
    (v) Duct burner means a device that combusts fuel and that is placed 
in the exhaust duct from another source, such as a stationary gas 
turbine, internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a heat recovery steam generating unit.
    (w) Lean premix stationary combustion turbine means any stationary 
combustion turbine where the air and fuel are thoroughly mixed to form a 
lean mixture for combustion in the combustor. Mixing may occur before or 
in the combustion chamber. A unit which is capable of operating in both 
lean premix and diffusion flame modes is considered a lean premix 
stationary combustion turbine when it is in the lean premix mode, and it 
is considered a diffusion flame stationary combustion turbine when it is 
in the diffusion flame mode.
    (x) Diffusion flame stationary combustion turbine means any 
stationary combustion turbine where fuel and air are injected at the 
combustor and are mixed only by diffusion prior to ignition. A unit 
which is capable of operating in both lean premix and diffusion flame 
modes is considered a lean premix stationary combustion turbine when it 
is in the lean premix mode, and it is considered a diffusion flame 
stationary combustion turbine when it is in the diffusion flame mode.
    (y) Unit operating day means a 24-hour period between 12:00 midnight 
and the following midnight during which any fuel is combusted at any 
time in the unit. It is not necessary for fuel to be combusted 
continuously for the entire 24-hour period.

[44 FR 52798, Sept. 10, 1979, as amended at 47 FR 3770, Jan. 27, 1982; 
65 FR 61759, Oct. 17, 2000; 69 FR 41359, July 8, 2004]



Sec. 60.332  Standard for nitrogen oxides.

    (a) On and after the date on which the performance test required by 
Sec. 60.8 is completed, every owner or operator subject to the 
provisions of this subpart as specified in paragraphs (b), (c), and (d) 
of this section shall comply with one of the following, except as 
provided in paragraphs (e), (f), (g), (h), (i), (j), (k), and (l) of 
this section.
    (1) No owner or operator subject to the provisions of this subpart 
shall cause to be discharged into the atmosphere from any stationary gas 
turbine, any gases which contain nitrogen oxides in excess of:

[[Page 463]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.020

where:

STD = allowable ISO corrected (if required as given in Sec. 
60.335(b)(1)) NOX emission concentration (percent by volume 
at 15 percent oxygen and on a dry basis),
Y = manufacturer's rated heat rate at manufacturer's rated load 
(kilojoules per watt hour) or, actual measured heat rate based on lower 
heating value of fuel as measured at actual peak load for the facility. 
The value of Y shall not exceed 14.4 kilojoules per watt hour, and
F = NOX emission allowance for fuel-bound nitrogen as defined 
in paragraph (a)(4) of this section.

    (2) No owner or operator subject to the provisions of this subpart 
shall cause to be discharged into the atmosphere from any stationary gas 
turbine, any gases which contain nitrogen oxides in excess of:
[GRAPHIC] [TIFF OMITTED] TC16NO91.021

where:

STD = allowable ISO corrected (if required as given in Sec. 
60.335(b)(1)) NOX emission concentration (percent by volume 
at 15 percent oxygen and on a dry basis),
Y = manufacturer's rated heat rate at manufacturer's rated peak load 
(kilojoules per watt hour), or actual measured heat rate based on lower 
heating value of fuel as measured at actual peak load for the facility. 
The value of Y shall not exceed 14.4 kilojoules per watt hour, and
F = NOX emission allowance for fuel-bound nitrogen as defined 
in paragraph (a)(4) of this section.

    (3) The use of F in paragraphs (a)(1) and (2) of this section is 
optional. That is, the owner or operator may choose to apply a 
NOX allowance for fuel-bound nitrogen and determine the 
appropriate F-value in accordance with paragraph (a)(4) of this section 
or may accept an F-value of zero.
    (4) If the owner or operator elects to apply a NOX 
emission allowance for fuel-bound nitrogen, F shall be defined according 
to the nitrogen content of the fuel during the most recent performance 
test required under Sec. 60.8 as follows:

------------------------------------------------------------------------
 Fuel-bound nitrogen (percent by
             weight)                   F (NO  X  percent by volume)
------------------------------------------------------------------------
N <= .015.......................  0
0.015 < N<= 0.1.................  0.04 (N)
0.1 < N <= 0.25.................  0.004+0.0067(N-0.1)
N  0.25..............  0.005
------------------------------------------------------------------------

Where:

N = the nitrogen content of the fuel (percent by weight).


or:


Manufacturers may develop and submit to EPA custom fuel-bound nitrogen 
allowances for each gas turbine model they manufacture. These fuel-bound 
nitrogen allowances shall be substantiated with data and must be 
approved for use by the Administrator before the initial performance 
test required by Sec. 60.8. Notices of approval of custom fuel-bound 
nitrogen allowances will be published in the Federal Register.
    (b) Electric utility stationary gas turbines with a heat input at 
peak load greater than 107.2 gigajoules per hour (100 million Btu/hour) 
based on the lower heating value of the fuel fired shall comply with the 
provisions of paragraph (a)(1) of this section.
    (c) Stationary gas turbines with a heat input at peak load equal to 
or greater than 10.7 gigajoules per hour (10 million Btu/hour) but less 
than or equal to 107.2 gigajoules per hour (100 million Btu/hour) based 
on the lower heating value of the fuel fired, shall comply with the 
provisions of paragraph (a)(2) of this section.
    (d) Stationary gas turbines with a manufacturer's rated base load at 
ISO conditions of 30 megawatts or less except as provided in Sec. 
60.332(b) shall comply with paragraph (a)(2) of this section.
    (e) Stationary gas turbines with a heat input at peak load equal to 
or greater than 10.7 gigajoules per hour (10 million Btu/hour) but less 
than or equal to 107.2 gigajoules per hour (100 million Btu/hour) based 
on the lower heating value of the fuel fired and that

[[Page 464]]

have commenced construction prior to October 3, 1982 are exempt from 
paragraph (a) of this section.
    (f) Stationary gas turbines using water or steam injection for 
control of NOX emissions are exempt from paragraph (a) when 
ice fog is deemed a traffic hazard by the owner or operator of the gas 
turbine.
    (g) Emergency gas turbines, military gas turbines for use in other 
than a garrison facility, military gas turbines installed for use as 
military training facilities, and fire fighting gas turbines are exempt 
from paragraph (a) of this section.
    (h) Stationary gas turbines engaged by manufacturers in research and 
development of equipment for both gas turbine emission control 
techniques and gas turbine efficiency improvements are exempt from 
paragraph (a) on a case-by-case basis as determined by the 
Administrator.
    (i) Exemptions from the requirements of paragraph (a) of this 
section will be granted on a case-by-case basis as determined by the 
Administrator in specific geographical areas where mandatory water 
restrictions are required by governmental agencies because of drought 
conditions. These exemptions will be allowed only while the mandatory 
water restrictions are in effect.
    (j) Stationary gas turbines with a heat input at peak load greater 
than 107.2 gigajoules per hour that commenced construction, 
modification, or reconstruction between the dates of October 3, 1977, 
and January 27, 1982, and were required in the September 10, 1979, 
Federal Register (44 FR 52792) to comply with paragraph (a)(1) of this 
section, except electric utility stationary gas turbines, are exempt 
from paragraph (a) of this section.
    (k) Stationary gas turbines with a heat input greater than or equal 
to 10.7 gigajoules per hour (10 million Btu/hour) when fired with 
natural gas are exempt from paragraph (a)(2) of this section when being 
fired with an emergency fuel.
    (l) Regenerative cycle gas turbines with a heat input less than or 
equal to 107.2 gigajoules per hour (100 million Btu/hour) are exempt 
from paragraph (a) of this section.

[44 FR 52798, Sept. 10, 1979, as amended at 47 FR 3770, Jan. 27, 1982; 
65 FR 61759, Oct. 17, 2000; 69 FR 41359, July 8, 2004]



Sec. 60.333  Standard for sulfur dioxide.

    On and after the date on which the performance test required to be 
conducted by Sec. 60.8 is completed, every owner or operator subject to 
the provision of this subpart shall comply with one or the other of the 
following conditions:
    (a) No owner or operator subject to the provisions of this subpart 
shall cause to be discharged into the atmosphere from any stationary gas 
turbine any gases which contain sulfur dioxide in excess of 0.015 
percent by volume at 15 percent oxygen and on a dry basis.
    (b) No owner or operator subject to the provisions of this subpart 
shall burn in any stationary gas turbine any fuel which contains total 
sulfur in excess of 0.8 percent by weight (8000 ppmw).

[44 FR 52798, Sept. 10, 1979, as amended at 69 FR 41360, July 8, 2004]



Sec. 60.334  Monitoring of operations.

    (a) Except as provided in paragraph (b) of this section, the owner 
or operator of any stationary gas turbine subject to the provisions of 
this subpart and using water or steam injection to control 
NOX emissions shall install, calibrate, maintain and operate 
a continuous monitoring system to monitor and record the fuel 
consumption and the ratio of water or steam to fuel being fired in the 
turbine.
    (b) The owner or operator of any stationary gas turbine that 
commenced construction, reconstruction or modification after October 3, 
1977, but before July 8, 2004, and which uses water or steam injection 
to control NOX emissions may, as an alternative to operating 
the continuous monitoring system described in paragraph (a) of this 
section, install, certify, maintain, operate, and quality-assure a 
continuous emission monitoring system (CEMS) consisting of 
NOX and O2 monitors. As an alternative, a 
CO2 monitor may be used to adjust the measured NOX 
concentrations to 15 percent O2 by either

[[Page 465]]

converting the CO2 hourly averages to equivalent 
O2 concentrations using Equation F-14a or F-14b in appendix F 
to part 75 of this chapter and making the adjustments to 15 percent 
O2, or by using the CO2 readings directly to make 
the adjustments, as described in Method 20. If the option to use a CEMS 
is chosen, the CEMS shall be installed, certified, maintained and 
operated as follows:
    (1) Each CEMS must be installed and certified according to PS 2 and 
3 (for diluent) of 40 CFR part 60, appendix B, except the 7-day 
calibration drift is based on unit operating days, not calendar days. 
Appendix F, Procedure 1 is not required. The relative accuracy test 
audit (RATA) of the NOX and diluent monitors may be performed 
individually or on a combined basis, i.e., the relative accuracy tests 
of the CEMS may be performed either:
    (i) On a ppm basis (for NOX) and a percent O2 
basis for oxygen; or
    (ii) On a ppm at 15 percent O2 basis; or
    (iii) On a ppm basis (for NOX) and a percent 
CO2 basis (for a CO2 monitor that uses the 
procedures in Method 20 to correct the NOX data to 15 percent 
O2).
    (2) As specified in Sec. 60.13(e)(2), during each full unit 
operating hour, each monitor must complete a minimum of one cycle of 
operation (sampling, analyzing, and data recording) for each 15-minute 
quadrant of the hour, to validate the hour. For partial unit operating 
hours, at least one valid data point must be obtained for each quadrant 
of the hour in which the unit operates. For unit operating hours in 
which required quality assurance and maintenance activities are 
performed on the CEMS, a minimum of two valid data points (one in each 
of two quadrants) are required to validate the hour.
    (3) For purposes of identifying excess emissions, CEMS data must be 
reduced to hourly averages as specified in Sec. 60.13(h).
    (i) For each unit operating hour in which a valid hourly average, as 
described in paragraph (b)(2) of this section, is obtained for both 
NOX and diluent, the data acquisition and handling system 
must calculate and record the hourly NOX emissions in the 
units of the applicable NOX emission standard under Sec. 
60.332(a), i.e., percent NOX by volume, dry basis, corrected 
to 15 percent O2 and International Organization for 
Standardization (ISO) standard conditions (if required as given in Sec. 
60.335(b)(1)). For any hour in which the hourly average O2 
concentration exceeds 19.0 percent O2, a diluent cap value of 
19.0 percent O2 may be used in the emission calculations.
    (ii) A worst case ISO correction factor may be calculated and 
applied using historical ambient data. For the purpose of this 
calculation, substitute the maximum humidity of ambient air (Ho), 
minimum ambient temperature (Ta), and minimum combustor inlet 
absolute pressure (Po) into the ISO correction equation.
    (iii) If the owner or operator has installed a NOX CEMS 
to meet the requirements of part 75 of this chapter, and is continuing 
to meet the ongoing requirements of part 75 of this chapter, the CEMS 
may be used to meet the requirements of this section, except that the 
missing data substitution methodology provided for at 40 CFR part 75, 
subpart D, is not required for purposes of identifying excess emissions. 
Instead, periods of missing CEMS data are to be reported as monitor 
downtime in the excess emissions and monitoring performance report 
required in Sec. 60.7(c).
    (c) For any turbine that commenced construction, reconstruction or 
modification after October 3, 1977, but before July 8, 2004, and which 
does not use steam or water injection to control NOX 
emissions, the owner or operator may, but is not required to, for 
purposes of determining excess emissions, use a CEMS that meets the 
requirements of paragraph (b) of this section. Also, if the owner or 
operator has previously submitted and received EPA, State, or local 
permitting authority approval of a procedure for monitoring compliance 
with the applicable NOX emission limit under Sec. 60.332, 
that approved procedure may continue to be used.
    (d) The owner or operator of any new turbine constructed after July 
8, 2004, and which uses water or steam injection to control 
NOX emissions may elect to use either the requirements in

[[Page 466]]

paragraph (a) of this section for continuous water or steam to fuel 
ratio monitoring or may use a NOX CEMS installed, certified, 
operated, maintained, and quality-assured as described in paragraph (b) 
of this section.
    (e) The owner or operator of any new turbine that commences 
construction after July 8, 2004, and which does not use water or steam 
injection to control NOX emissions, may, but is not required 
to, elect to use a NOX CEMS installed, certified, operated, 
maintained, and quality-assured as described in paragraph (b) of this 
section. Other acceptable monitoring approaches include periodic testing 
approved by EPA or the State or local permitting authority or continuous 
parameter monitoring as described in paragraph (f) of this section.
    (f) The owner or operator of a new turbine that commences 
construction after July 8, 2004, which does not use water or steam 
injection to control NOX emissions may, but is not required 
to, perform continuous parameter monitoring as follows:
    (1) For a diffusion flame turbine without add-on selective catalytic 
reduction controls (SCR), the owner or operator shall define at least 
four parameters indicative of the unit's NOX formation 
characteristics and shall monitor these parameters continuously.
    (2) For any lean premix stationary combustion turbine, the owner or 
operator shall continuously monitor the appropriate parameters to 
determine whether the unit is operating in low-NOX mode.
    (3) For any turbine that uses SCR to reduce NOX 
emissions, the owner or operator shall continuously monitor appropriate 
parameters to verify the proper operation of the emission controls.
    (4) For affected units that are also regulated under part 75 of this 
chapter, if the owner or operator elects to monitor NOX 
emission rate using the methodology in appendix E to part 75 of this 
chapter, or the low mass emissions methodology in Sec. 75.19 of this 
chapter, the requirements of this paragraph (f) may be met by performing 
the parametric monitoring described in section 2.3 of appendix E or in 
Sec. 75.19(c)(1)(iv)(H) of this chapter.
    (g) The steam or water to fuel ratio or other parameters that are 
continuously monitored as described in paragraphs (a), (d) or (f) of 
this section shall be monitored during the performance test required 
under Sec. 60.8, to establish acceptable values and ranges. The owner 
or operator may supplement the performance test data with engineering 
analyses, design specifications, manufacturer's recommendations and 
other relevant information to define the acceptable parametric ranges 
more precisely. The owner or operator shall develop and keep on-site a 
parameter monitoring plan which explains the procedures used to document 
proper operation of the NOX emission controls. The plan shall 
include the parameter(s) monitored and the acceptable range(s) of the 
parameter(s) as well as the basis for designating the parameter(s) and 
acceptable range(s). Any supplemental data such as engineering analyses, 
design specifications, manufacturer's recommendations and other relevant 
information shall be included in the monitoring plan. For affected units 
that are also subject to part 75 of this chapter and that use the low 
mass emissions methodology in Sec. 75.19 of this chapter or the 
NOX emission measurement methodology in appendix E to part 
75, the owner or operator may meet the requirements of this paragraph by 
developing and keeping on-site (or at a central location for unmanned 
facilities) a quality-assurance plan, as described in Sec. 75.19 (e)(5) 
or in section 2.3 of appendix E and section 1.3.6 of appendix B to part 
75 of this chapter.
    (h) The owner or operator of any stationary gas turbine subject to 
the provisions of this subpart:
    (1) Shall monitor the total sulfur content of the fuel being fired 
in the turbine, except as provided in paragraph (h)(3) of this section. 
The sulfur content of the fuel must be determined using total sulfur 
methods described in Sec. 60.335(b)(10). Alternatively, if the total 
sulfur content of the gaseous fuel during the most recent performance 
test was less than 0.4 weight percent (4000 ppmw), ASTM D4084-82, 94, 
D5504-01, D6228-98, or Gas Processors Association

[[Page 467]]

Standard 2377-86 (all of which are incorporated by reference-see Sec. 
60.17), which measure the major sulfur compounds may be used; and
    (2) Shall monitor the nitrogen content of the fuel combusted in the 
turbine, if the owner or operator claims an allowance for fuel bound 
nitrogen (i.e., if an F-value greater than zero is being or will be used 
by the owner or operator to calculate STD in Sec. 60.332). The nitrogen 
content of the fuel shall be determined using methods described in Sec. 
60.335(b)(9) or an approved alternative.
    (3) Notwithstanding the provisions of paragraph (h)(1) of this 
section, the owner or operator may elect not to monitor the total sulfur 
content of the gaseous fuel combusted in the turbine, if the gaseous 
fuel is demonstrated to meet the definition of natural gas in Sec. 
60.331(u), regardless of whether an existing custom schedule approved by 
the administrator for subpart GG requires such monitoring. The owner or 
operator shall use one of the following sources of information to make 
the required demonstration:
    (i) The gas quality characteristics in a current, valid purchase 
contract, tariff sheet or transportation contract for the gaseous fuel, 
specifying that the maximum total sulfur content of the fuel is 20.0 
grains/100 scf or less; or
    (ii) Representative fuel sampling data which show that the sulfur 
content of the gaseous fuel does not exceed 20 grains/100 scf. At a 
minimum, the amount of fuel sampling data specified in section 2.3.1.4 
or 2.3.2.4 of appendix D to part 75 of this chapter is required.
    (4) For any turbine that commenced construction, reconstruction or 
modification after October 3, 1977, but before July 8, 2004, and for 
which a custom fuel monitoring schedule has previously been approved, 
the owner or operator may, without submitting a special petition to the 
Administrator, continue monitoring on this schedule.
    (i) The frequency of determining the sulfur and nitrogen content of 
the fuel shall be as follows:
    (1) Fuel oil. For fuel oil, use one of the total sulfur sampling 
options and the associated sampling frequency described in sections 
2.2.3, 2.2.4.1, 2.2.4.2, and 2.2.4.3 of appendix D to part 75 of this 
chapter (i.e., flow proportional sampling, daily sampling, sampling from 
the unit's storage tank after each addition of fuel to the tank, or 
sampling each delivery prior to combining it with fuel oil already in 
the intended storage tank). If an emission allowance is being claimed 
for fuel-bound nitrogen, the nitrogen content of the oil shall be 
determined and recorded once per unit operating day.
    (2) Gaseous fuel. Any applicable nitrogen content value of the 
gaseous fuel shall be determined and recorded once per unit operating 
day. For owners and operators that elect not to demonstrate sulfur 
content using options in paragraph (h)(3) of this section, and for which 
the fuel is supplied without intermediate bulk storage, the sulfur 
content value of the gaseous fuel shall be determined and recorded once 
per unit operating day.
    (3) Custom schedules. Notwithstanding the requirements of paragraph 
(i)(2) of this section, operators or fuel vendors may develop custom 
schedules for determination of the total sulfur content of gaseous 
fuels, based on the design and operation of the affected facility and 
the characteristics of the fuel supply. Except as provided in paragraphs 
(i)(3)(i) and (i)(3)(ii) of this section, custom schedules shall be 
substantiated with data and shall be approved by the Administrator 
before they can be used to comply with the standard in Sec. 60.333.
    (i) The two custom sulfur monitoring schedules set forth in 
paragraphs (i)(3)(i)(A) through (D) and in paragraph (i)(3)(ii) of this 
section are acceptable, without prior Administrative approval:
    (A) The owner or operator shall obtain daily total sulfur content 
measurements for 30 consecutive unit operating days, using the 
applicable methods specified in this subpart. Based on the results of 
the 30 daily samples, the required frequency for subsequent monitoring 
of the fuel's total sulfur content shall be as specified in paragraph 
(i)(3)(i)(B), (C), or (D) of this section, as applicable.
    (B) If none of the 30 daily measurements of the fuel's total sulfur 
content exceeds 0.4 weight percent (4000 ppmw), subsequent sulfur 
content monitoring may be performed at 12 month intervals. If any of the 
samples taken at 12-

[[Page 468]]

month intervals has a total sulfur content between 0.4 and 0.8 weight 
percent (4000 and 8000 ppmw), follow the procedures in paragraph 
(i)(3)(i)(C) of this section. If any measurement exceeds 0.8 weight 
percent (8000 ppmw), follow the procedures in paragraph (i)(3)(i)(D) of 
this section.
    (C) If at least one of the 30 daily measurements of the fuel's total 
sulfur content is between 0.4 and 0.8 weight percent (4000 and 8000 
ppmw), but none exceeds 0.8 weight percent (8000 ppmw), then:
    (1) Collect and analyze a sample every 30 days for three months. If 
any sulfur content measurement exceeds 0.8 weight percent (8000 ppmw), 
follow the procedures in paragraph (i)(3)(i)(D) of this section. 
Otherwise, follow the procedures in paragraph (i)(3)(i)(C)(2) of this 
section.
    (2) Begin monitoring at 6-month intervals for 12 months. If any 
sulfur content measurement exceeds 0.8 weight percent (8000 ppmw), 
follow the procedures in paragraph (i)(3)(i)(D) of this section. 
Otherwise, follow the procedures in paragraph (i)(3)(i)(C)(3) of this 
section.
    (3) Begin monitoring at 12-month intervals. If any sulfur content 
measurement exceeds 0.8 weight percent (8000 ppmw), follow the 
procedures in paragraph (i)(3)(i)(D) of this section. Otherwise, 
continue to monitor at this frequency.
    (D) If a sulfur content measurement exceeds 0.8 weight percent (8000 
ppmw), immediately begin daily monitoring according to paragraph 
(i)(3)(i)(A) of this section. Daily monitoring shall continue until 30 
consecutive daily samples, each having a sulfur content no greater than 
0.8 weight percent (8000 ppmw), are obtained. At that point, the 
applicable procedures of paragraph (i)(3)(i)(B) or (C) of this section 
shall be followed.
    (ii) The owner or operator may use the data collected from the 720-
hour sulfur sampling demonstration described in section 2.3.6 of 
appendix D to part 75 of this chapter to determine a custom sulfur 
sampling schedule, as follows:
    (A) If the maximum fuel sulfur content obtained from the 720 hourly 
samples does not exceed 20 grains/100 scf (i.e., the maximum total 
sulfur content of natural gas as defined in Sec. 60.331(u)), no 
additional monitoring of the sulfur content of the gas is required, for 
the purposes of this subpart.
    (B) If the maximum fuel sulfur content obtained from any of the 720 
hourly samples exceeds 20 grains/100 scf, but none of the sulfur content 
values (when converted to weight percent sulfur) exceeds 0.4 weight 
percent (4000 ppmw), then the minimum required sampling frequency shall 
be one sample at 12 month intervals.
    (C) If any sample result exceeds 0.4 weight percent sulfur (4000 
ppmw), but none exceeds 0.8 weight percent sulfur (8000 ppmw), follow 
the provisions of paragraph (i)(3)(i)(C) of this section.
    (D) If the sulfur content of any of the 720 hourly samples exceeds 
0.8 weight percent (8000 ppmw), follow the provisions of paragraph 
(i)(3)(i)(D) of this section.
    (j) For each affected unit that elects to continuously monitor 
parameters or emissions, or to periodically determine the fuel sulfur 
content or fuel nitrogen content under this subpart, the owner or 
operator shall submit reports of excess emissions and monitor downtime, 
in accordance with Sec. 60.7(c). Excess emissions shall be reported for 
all periods of unit operation, including startup, shutdown and 
malfunction. For the purpose of reports required under Sec. 60.7(c), 
periods of excess emissions and monitor downtime that shall be reported 
are defined as follows:
    (1) Nitrogen oxides.
    (i) For turbines using water or steam to fuel ratio monitoring:
    (A) An excess emission shall be any unit operating hour for which 
the average steam or water to fuel ratio, as measured by the continuous 
monitoring system, falls below the acceptable steam or water to fuel 
ratio needed to demonstrate compliance with Sec. 60.332, as established 
during the performance test required in Sec. 60.8. Any unit operating 
hour in which no water or steam is injected into the turbine shall also 
be considered an excess emission.
    (B) A period of monitor downtime shall be any unit operating hour in 
which water or steam is injected into

[[Page 469]]

the turbine, but the essential parametric data needed to determine the 
steam or water to fuel ratio are unavailable or invalid.
    (C) Each report shall include the average steam or water to fuel 
ratio, average fuel consumption, ambient conditions (temperature, 
pressure, and humidity), gas turbine load, and (if applicable) the 
nitrogen content of the fuel during each excess emission. You do not 
have to report ambient conditions if you opt to use the worst case ISO 
correction factor as specified in Sec. 60.334(b)(3)(ii), or if you are 
not using the ISO correction equation under the provisions of Sec. 
60.335(b)(1).
    (ii) If the owner or operator elects to take an emission allowance 
for fuel bound nitrogen, then excess emissions and periods of monitor 
downtime are as described in paragraphs (j)(1)(ii)(A) and (B) of this 
section.
    (A) An excess emission shall be the period of time during which the 
fuel-bound nitrogen (N) is greater than the value measured during the 
performance test required in Sec. 60.8 and used to determine the 
allowance. The excess emission begins on the date and hour of the sample 
which shows that N is greater than the performance test value, and ends 
with the date and hour of a subsequent sample which shows a fuel 
nitrogen content less than or equal to the performance test value.
    (B) A period of monitor downtime begins when a required sample is 
not taken by its due date. A period of monitor downtime also begins on 
the date and hour that a required sample is taken, if invalid results 
are obtained. The period of monitor downtime ends on the date and hour 
of the next valid sample.
    (iii) For turbines using NOX and diluent CEMS:
    (A) An hour of excess emissions shall be any unit operating hour in 
which the 4-hour rolling average NOX concentration exceeds 
the applicable emission limit in Sec. 60.332(a)(1) or (2). For the 
purposes of this subpart, a ``4-hour rolling average NOX 
concentration'' is the arithmetic average of the average NOX 
concentration measured by the CEMS for a given hour (corrected to 15 
percent O2 and, if required under Sec. 60.335(b)(1), to ISO 
standard conditions) and the three unit operating hour average 
NOX concentrations immediately preceding that unit operating 
hour.
    (B) A period of monitor downtime shall be any unit operating hour in 
which sufficient data are not obtained to validate the hour, for either 
NOX concentration or diluent (or both).
    (C) Each report shall include the ambient conditions (temperature, 
pressure, and humidity) at the time of the excess emission period and 
(if the owner or operator has claimed an emission allowance for fuel 
bound nitrogen) the nitrogen content of the fuel during the period of 
excess emissions. You do not have to report ambient conditions if you 
opt to use the worst case ISO correction factor as specified in Sec. 
60.334(b)(3)(ii), or if you are not using the ISO correction equation 
under the provisions of Sec. 60.335(b)(1).
    (iv) For owners or operators that elect, under paragraph (f) of this 
section, to monitor combustion parameters or parameters that document 
proper operation of the NOX emission controls:
    (A) An excess emission shall be a 4-hour rolling unit operating hour 
average in which any monitored parameter does not achieve the target 
value or is outside the acceptable range defined in the parameter 
monitoring plan for the unit.
    (B) A period of monitor downtime shall be a unit operating hour in 
which any of the required parametric data are either not recorded or are 
invalid.
    (2) Sulfur dioxide. If the owner or operator is required to monitor 
the sulfur content of the fuel under paragraph (h) of this section:
    (i) For samples of gaseous fuel and for oil samples obtained using 
daily sampling, flow proportional sampling, or sampling from the unit's 
storage tank, an excess emission occurs each unit operating hour 
included in the period beginning on the date and hour of any sample for 
which the sulfur content of the fuel being fired in the gas turbine 
exceeds 0.8 weight percent and ending on the date and hour that a 
subsequent sample is taken that demonstrates compliance with the sulfur 
limit.

[[Page 470]]

    (ii) If the option to sample each delivery of fuel oil has been 
selected, the owner or operator shall immediately switch to one of the 
other oil sampling options (i.e., daily sampling, flow proportional 
sampling, or sampling from the unit's storage tank) if the sulfur 
content of a delivery exceeds 0.8 weight percent. The owner or operator 
shall continue to use one of the other sampling options until all of the 
oil from the delivery has been combusted, and shall evaluate excess 
emissions according to paragraph (j)(2)(i) of this section. When all of 
the fuel from the delivery has been burned, the owner or operator may 
resume using the as-delivered sampling option.
    (iii) A period of monitor downtime begins when a required sample is 
not taken by its due date. A period of monitor downtime also begins on 
the date and hour of a required sample, if invalid results are obtained. 
The period of monitor downtime shall include only unit operating hours, 
and ends on the date and hour of the next valid sample.
    (3) Ice fog. Each period during which an exemption provided in Sec. 
60.332(f) is in effect shall be reported in writing to the Administrator 
quarterly. For each period the ambient conditions existing during the 
period, the date and time the air pollution control system was 
deactivated, and the date and time the air pollution control system was 
reactivated shall be reported. All quarterly reports shall be postmarked 
by the 30th day following the end of each calendar quarter.
    (4) Emergency fuel. Each period during which an exemption provided 
in Sec. 60.332(k) is in effect shall be included in the report required 
in Sec. 60.7(c). For each period, the type, reasons, and duration of 
the firing of the emergency fuel shall be reported.
    (5) All reports required under Sec. 60.7(c) shall be postmarked by 
the 30th day following the end of each 6-month period.

[44 FR 52798, Sept. 10, 1979, as amended at 47 FR 3770, Jan. 27, 1982; 
65 FR 61759, Oct. 17, 2000; 69 FR 41360, July 8, 2004; 71 FR 9457, Feb. 
24, 2006]



Sec. 60.335  Test methods and procedures.

    (a) The owner or operator shall conduct the performance tests 
required in Sec. 60.8, using either
    (1) EPA Method 20,
    (2) ASTM D6522-00 (incorporated by reference, see Sec. 60.17), or
    (3) EPA Method 7E and either EPA Method 3 or 3A in appendix A to 
this part, to determine NOX and diluent concentration.
    (4) Sampling traverse points are to be selected following Method 20 
or Method 1, (non-particulate procedures) and sampled for equal time 
intervals. The sampling shall be performed with a traversing single-hole 
probe or, if feasible, with a stationary multi-hole probe that samples 
each of the points sequentially. Alternatively, a multi-hole probe 
designed and documented to sample equal volumes from each hole may be 
used to sample simultaneously at the required points.
    (5) Notwithstanding paragraph (a)(4) of this section, the owner or 
operator may test at few points than are specified in Method 1 or Method 
20 if the following conditions are met:
    (i) You may perform a stratification test for NOX and 
diluent pursuant to
    (A) [Reserved]
    (B) The procedures specified in section 6.5.6.1(a) through (e) 
appendix A to part 75 of this chapter.
    (ii) Once the stratification sampling is completed, the owner or 
operator may use the following alternative sample point selection 
criteria for the performance test:
    (A) If each of the individual traverse point NOX 
concentrations, normalized to 15 percent O2, is within  10 percent of the mean normalized concentration for all 
traverse points, then you may use 3 points (located either 16.7, 50.0, 
and 83.3 percent of the way across the stack or duct, or, for circular 
stacks or ducts greater than 2.4 meters (7.8 feet) in diameter, at 0.4, 
1.2, and 2.0 meters from the wall). The 3 points shall be located along 
the measurement line that exhibited the highest average normalized 
NOX concentration during the stratification test; or
    (B) If each of the individual traverse point NOX 
concentrations, normalized to 15 percent O2, is within  5 percent of the mean normalized concentration for

[[Page 471]]

all traverse points, then you may sample at a single point, located at 
least 1 meter from the stack wall or at the stack centroid.
    (6) Other acceptable alternative reference methods and procedures 
are given in paragraph (c) of this section.
    (b) The owner or operator shall determine compliance with the 
applicable nitrogen oxides emission limitation in Sec. 60.332 and shall 
meet the performance test requirements of Sec. 60.8 as follows:
    (1) For each run of the performance test, the mean nitrogen oxides 
emission concentration (NOXo) corrected to 15 percent 
O2 shall be corrected to ISO standard conditions using the 
following equation. Notwithstanding this requirement, use of the ISO 
correction equation is optional for: Lean premix stationary combustion 
turbines; units used in association with heat recovery steam generators 
(HRSG) equipped with duct burners; and units equipped with add-on 
emission control devices:

NOX=(NOXo)(Pr/Po)\0.5\ 
    e19 (Ho-0.00633) (288[deg]K/Ta)\1.53\

Where:

NOX = emission concentration of NOX at 15 percent 
O2 and ISO standard ambient conditions, ppm by volume, dry 
basis,
NOXo = mean observed NOX concentration, ppm by 
volume, dry basis, at 15 percent O2,
Pr = reference combustor inlet absolute pressure at 101.3 
kilopascals ambient pressure, mm Hg,
Po = observed combustor inlet absolute pressure at test, mm 
Hg,
Ho = observed humidity of ambient air, g H2O/g 
air,
e = transcendental constant, 2.718, and
Ta = ambient temperature, [deg]K.

    (2) The 3-run performance test required by Sec. 60.8 must be 
performed within  5 percent at 30, 50, 75, and 90-
to-100 percent of peak load or at four evenly-spaced load points in the 
normal operating range of the gas turbine, including the minimum point 
in the operating range and 90-to-100 percent of peak load, or at the 
highest achievable load point if 90-to-100 percent of peak load cannot 
be physically achieved in practice. If the turbine combusts both oil and 
gas as primary or backup fuels, separate performance testing is required 
for each fuel. Notwithstanding these requirements, performance testing 
is not required for any emergency fuel (as defined in Sec. 60.331).
    (3) For a combined cycle turbine system with supplemental heat (duct 
burner), the owner or operator may elect to measure the turbine 
NOX emissions after the duct burner rather than directly 
after the turbine. If the owner or operator elects to use this 
alternative sampling location, the applicable NOX emission 
limit in Sec. 60.332 for the combustion turbine must still be met.
    (4) If water or steam injection is used to control NOX 
with no additional post-combustion NOX control and the owner 
or operator chooses to monitor the steam or water to fuel ratio in 
accordance with Sec. 60.334(a), then that monitoring system must be 
operated concurrently with each EPA Method 20, ASTM D6522-00 
(incorporated by reference, see Sec. 60.17), or EPA Method 7E run and 
shall be used to determine the fuel consumption and the steam or water 
to fuel ratio necessary to comply with the applicable Sec. 60.332 
NOX emission limit.
    (5) If the owner operator elects to claim an emission allowance for 
fuel bound nitrogen as described in Sec. 60.332, then concurrently with 
each reference method run, a representative sample of the fuel used 
shall be collected and analyzed, following the applicable procedures 
described in Sec. 60.335(b)(9). These data shall be used to determine 
the maximum fuel nitrogen content for which the established water (or 
steam) to fuel ratio will be valid.
    (6) If the owner or operator elects to install a CEMS, the 
performance evaluation of the CEMS may either be conducted separately 
(as described in paragraph (b)(7) of this section) or as part of the 
initial performance test of the affected unit.
    (7) If the owner or operator elects to install and certify a 
NOX CEMS under Sec. 60.334(e), then the initial performance 
test required under Sec. 60.8 may be done in the following alternative 
manner:
    (i) Perform a minimum of 9 reference method runs, with a minimum 
time per run of 21 minutes, at a single load level, between 90 and 100 
percent of peak (or the highest physically achievable) load.

[[Page 472]]

    (ii) Use the test data both to demonstrate compliance with the 
applicable NOX emission limit under Sec. 60.332 and to 
provide the required reference method data for the RATA of the CEMS 
described under Sec. 60.334(b).
    (iii) The requirement to test at three additional load levels is 
waived.
    (8) If the owner or operator elects under Sec. 60.334(f) to monitor 
combustion parameters or parameters indicative of proper operation of 
NOX emission controls, the appropriate parameters shall be 
continuously monitored and recorded during each run of the initial 
performance test, to establish acceptable operating ranges, for purposes 
of the parameter monitoring plan for the affected unit, as specified in 
Sec. 60.334(g).
    (9) To determine the fuel bound nitrogen content of fuel being fired 
(if an emission allowance is claimed for fuel bound nitrogen), the owner 
or operator may use equipment and procedures meeting the requirements 
of:
    (i) For liquid fuels, ASTM D2597-94 (Reapproved 1999), D6366-99, 
D4629-02, D5762-02 (all of which are incorporated by reference, see 
Sec. 60.17); or
    (ii) For gaseous fuels, shall use analytical methods and procedures 
that are accurate to within 5 percent of the instrument range and are 
approved by the Administrator.
    (10) If the owner or operator is required under Sec. 60.334(i)(1) 
or (3) to periodically determine the sulfur content of the fuel 
combusted in the turbine, a minimum of three fuel samples shall be 
collected during the performance test. Analyze the samples for the total 
sulfur content of the fuel using:
    (i) For liquid fuels, ASTM D129-00, D2622-98, D4294-02, D1266-98, 
D5453-00 or D1552-01 (all of which are incorporated by reference, see 
Sec. 60.17); or
    (ii) For gaseous fuels, ASTM D1072-80, 90 (Reapproved 1994); D3246-
81, 92, 96; D4468-85 (Reapproved 2000); or D6667-01 (all of which are 
incorporated by reference, see Sec. 60.17). The applicable ranges of 
some ASTM methods mentioned above are not adequate to measure the levels 
of sulfur in some fuel gases. Dilution of samples before analysis (with 
verification of the dilution ratio) may be used, subject to the prior 
approval of the Administrator.
    (11) The fuel analyses required under paragraphs (b)(9) and (b)(10) 
of this section may be performed by the owner or operator, a service 
contractor retained by the owner or operator, the fuel vendor, or any 
other qualified agency.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) Instead of using the equation in paragraph (b)(1) of this 
section, manufacturers may develop ambient condition correction factors 
to adjust the nitrogen oxides emission level measured by the performance 
test as provided in Sec. 60.8 to ISO standard day conditions.

[69 FR 41363, July 8, 2004, as amended at 71 FR 9458, Feb. 24, 2006]



    Subpart HH_Standards of Performance for Lime Manufacturing Plants

    Source: 49 FR 18080, Apr. 26, 1984, unless otherwise noted.



Sec. 60.340  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each rotary 
lime kiln used in the manufacture of lime.
    (b) The provisions of this subpart are not applicable to facilities 
used in the manufacture of lime at kraft pulp mills.
    (c) Any facility under paragraph (a) of this section that commences 
construction or modification after May 3, 1977, is subject to the 
requirements of this subpart.



Sec. 60.341  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
same meaning given them in the Act and in the General Provisions.
    (a) Lime manufacturing plant means any plant which uses a rotary 
lime kiln to produce lime product from limestone by calcination.
    (b) Lime product means the product of the calcination process 
including, but not limited to, calcitic lime, dolomitic lime, and dead-
burned dolomite.
    (c) Positive-pressure fabric filter means a fabric filter with the 
fans on the upstream side of the filter bags.

[[Page 473]]

    (d) Rotary lime kiln means a unit with an inclined rotating drum 
that is used to produce a lime product from limestone by calcination.
    (e) Stone feed means limestone feedstock and millscale or other iron 
oxide additives that become part of the product.



Sec. 60.342  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any rotary lime kiln any gases which:
    (1) Contain particulate matter in excess of 0.30 kilogram per 
megagram (0.60 lb/ton) of stone feed.
    (2) Exhibit greater than 15 percent opacity when exiting from a dry 
emission control device.



Sec. 60.343  Monitoring of emissions and operations.

    (a) The owner or operator of a facility that is subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate a continuous monitoring system, except as provided in paragraphs 
(b) and (c) of this section, to monitor and record the opacity of a 
representative portion of the gases discharged into the atmosphere from 
any rotary lime kiln. The span of this system shall be set at 40 percent 
opacity.
    (b) The owner or operator of any rotary lime kiln having a control 
device with a multiple stack exhaust or a roof monitor may, in lieu of 
the continuous opacity monitoring requirement of Sec. 60.343(a), 
monitor visible emissions at least once per day of operation by using a 
certified visible emissions observer who, for each site where visible 
emissions are observed, will perform three Method 9 tests and record the 
results. Visible emission observations shall occur during normal 
operation of the rotary lime kiln at least once per day. For at least 
three 6-minute periods, the opacity shall be recorded for any point(s) 
where visible emissions are observed, and the corresponding feed rate of 
the kiln shall also be recorded. Records shall be maintained of any 6-
minute average that is in excess of the emissions specified in Sec. 
60.342(a) of this subpart.
    (c) The owner or operator of any rotary lime kiln using a wet 
scrubbing emission control device subject to the provisions of this 
subpart shall not be required to monitor the opacity of the gases 
discharged as required in paragraph (a) of this section, but shall 
install, calibrate, maintain, operate, and record the resultant 
information from the following continuous monitoring devices:
    (1) A monitoring device for the continuous measurement of the 
pressure loss of the gas stream through the scrubber. The monitoring 
device must be accurate within 250 pascals (one 
inch of water).
    (2) A monitoring device for continuous measurement of the scrubbing 
liquid supply pressure to the control device. The monitoring device must 
be accurate within 5 percent of the design 
scrubbing liquid supply pressure.
    (d) For the purpose of conducting a performance test under Sec. 
60.8, the owner or operator of any lime manufacturing plant subject to 
the provisions of this subpart shall install, calibrate, maintain, and 
operate a device for measuring the mass rate of stone feed to any 
affected rotary lime kiln. The measuring device used must be accurate to 
within 5 percent of the mass rate over its 
operating range.
    (e) For the purpose of reports required under Sec. 60.7(c), periods 
of excess emissions that shall be reported are defined as all 6-minute 
periods during which the average opacity of the visible emissions from 
any lime kiln subject to paragraph (a) of this subpart is greater than 
15 percent or, in the case of wet scrubbers, any period in which the 
scrubber pressure drop or scrubbing liquid supply pressure is greater 
than 30 percent below that established during the performance test. If 
visible emission observations are made according to paragraph (b) of 
this section, reports of excess emissions shall be submitted 
semiannually.

[49 FR 18080, Apr. 26, 1984, as amended at 52 FR 4773, Feb. 17, 1987; 54 
FR 6675, Feb. 14, 1989; 65 FR 61760, Oct. 17, 2000]

[[Page 474]]



Sec. 60.344  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.342(a) as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=(cs Qsd)/PK)

where:

E=emission rate of particulate matter, kg/Mg (1b/ton) of stone feed.
cs=concentration of particulate matter, g/dscm (gr/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
P=stone feed rate, Mg/hr (ton/hr).
K=conversion factor, 1000 g/kg (7000 gr/lb).

    (2) Method 5 shall be used at negative-pressure fabric filters and 
other types of control devices and Method 5D shall be used at positive-
pressure fabric filters to determine the particulate matter 
concentration (cs) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 
dscf).
    (3) The monitoring device of Sec. 60.343(d) shall be used to 
determine the stone feed rate (P) for each run.
    (4) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (c) During the particulate matter run, the owner or operator shall 
use the monitoring devices in Sec. 60.343(c)(1) and (2) to determine 
the average pressure loss of the gas stream through the scrubber and the 
average scrubbing liquid supply pressure.

[54 FR 6675, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000]



Subpart KK_Standards of Performance for Lead-Acid Battery Manufacturing 
                                 Plants

    Source: 47 FR 16573, Apr. 16, 1982, unless otherwise noted.



Sec. 60.370  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the affected 
facilities listed in paragraph (b) of this section at any lead-acid 
battery manufacturing plant that produces or has the design capacity to 
produce in one day (24 hours) batteries containing an amount of lead 
equal to or greater than 5.9 Mg (6.5 tons).
    (b) The provisions of this subpart are applicable to the following 
affected facilities used in the manufacture of lead-acid storage 
batteries:
    (1) Grid casting facility.
    (2) Paste mixing facility.
    (3) Three-process operation facility.
    (4) Lead oxide manufacturing facility.
    (5) Lead reclamation facility.
    (6) Other lead-emitting operations.
    (c) Any facility under paragraph (b) of this section the 
construction or modification of which is commenced after January 14, 
1980, is subject to the requirements of this subpart.



Sec. 60.371  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Grid casting facility means the facility which includes all lead 
melting pots and machines used for casting the grid used in battery 
manufacturing.
    (b) Lead-acid battery manufacturing plant means any plant that 
produces a storage battery using lead and lead compounds for the plates 
and sulfuric acid for the electrolyte.
    (c) Lead oxide manufacturing facility means a facility that produces 
lead oxide from lead, including product recovery.
    (d) Lead reclamation facility means the facility that remelts lead 
scrap and casts it into lead ingots for use in the battery manufacturing 
process, and which is not a furnace affected under subpart L of this 
part.
    (e) Other lead-emitting operation means any lead-acid battery 
manufacturing plant operation from which lead emissions are collected 
and ducted to the atmosphere and which is not part of a grid casting, 
lead oxide manufacturing, lead reclamation, paste mixing,

[[Page 475]]

or three-process operation facility, or a furnace affected under subpart 
L of this part.
    (f) Paste mixing facility means the facility including lead oxide 
storage, conveying, weighing, metering, and charging operations; paste 
blending, handling, and cooling operations; and plate pasting, takeoff, 
cooling, and drying operations.
    (g) Three-process operation facility means the facility including 
those processes involved with plate stacking, burning or strap casting, 
and assembly of elements into the battery case.



Sec. 60.372  Standards for lead.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any grid casting facility any gases that contain lead in 
excess of 0.40 milligram of lead per dry standard cubic meter of exhaust 
(0.000175 gr/dscf).
    (2) From any paste mixing facility any gases that contain in excess 
of 1.00 milligram of lead per dry standard cubic meter of exhaust 
(0.000437 gr/dscf).
    (3) From any three-process operation facility any gases that contain 
in excess of 1.00 milligram of lead per dry standard cubic meter of 
exhaust (0.000437 gr/dscf).
    (4) From any lead oxide manufacturing facility any gases that 
contain in excess of 5.0 milligrams of lead per kilogram of lead feed 
(0.010 lb/ton).
    (5) From any lead reclamation facility any gases that contain in 
excess of 4.50 milligrams of lead per dry standard cubic meter of 
exhaust (0.00197 gr/dscf).
    (6) From any other lead-emitting operation any gases that contain in 
excess of 1.00 milligram of lead per dry standard cubic meter of exhaust 
(0.000437 gr/dscf).
    (7) From any affected facility other than a lead reclamation 
facility any gases with greater than 0 percent opacity (measured 
according to Method 9 and rounded to the nearest whole percentage).
    (8) From any lead reclamation facility any gases with greater than 5 
percent opacity (measured according to Method 9 and rounded to the 
nearest whole percentage).
    (b) When two or more facilities at the same plant (except the lead 
oxide manufacturing facility) are ducted to a common control device, an 
equivalent standard for the total exhaust from the commonly controlled 
facilities shall be determined as follows:
[GRAPHIC] [TIFF OMITTED] TC01JN92.012

Where:

Se=is the equivalent standard for the total exhaust stream.
Sa=is the actual standard for each exhaust stream ducted to 
the control device.
N=is the total number of exhaust streams ducted to the control device.
Qsda=is the dry standard volumetric flow rate of the effluent 
gas stream from each facility ducted to the control device.
QsdT=is the total dry standard volumetric flow rate of all 
effluent gas streams ducted to the control device.

[47 FR 16573, Apr. 16, 1982, as amended at 65 FR 61760, Oct. 17, 2000]



Sec. 60.373  Monitoring of emissions and operations.

    The owner or operator of any lead-acid battery manufacturing 
facility subject to the provisions of this subpart and controlled by a 
scrubbing system(s) shall install, calibrate, maintain, and operate a 
monitoring device(s) that measures and records the pressure drop across 
the scrubbing system(s) at least once every 15 minutes. The monitoring 
device shall have an accuracy of 5 percent over 
its operating range.



Sec. 60.374  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the lead 
standards in Sec. 60.372, except Sec. 60.372(a)(4), as follows:

[[Page 476]]

    (1) Method 12 shall be used to determine the lead concentration and, 
if applicable, the volumetric flow rate (Qsda) of the 
effluent gas. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) When different operations in a three-process operation facility 
are ducted to separate control devices, the lead emission concentration 
(C) from the facility shall be determined as follows:
[GRAPHIC] [TIFF OMITTED] TC16NO91.022

where:

C=concentration of lead emissions for the entire facility, mg/dscm (gr/
dscf).
Ca=concentration of lead emissions from facility ``a'', mg/
dscm (gr/dscf).
Qsda=volumetric flow rate of effluent gas from facility 
``a'', dscm/hr (dscf/hr).
N=total number of control devices to which separate operations in the 
facility are ducted.

    (3) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity. The opacity numbers shall be rounded off to the 
nearest whole percentage.
    (c) The owner or operator shall determine compliance with the lead 
standard in Sec. 60.372(a)(4) as follows:
    (1) The emission rate (E) from lead oxide manufacturing facility 
shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.023

where:

E=emission rate of lead, mg/kg (lb/ton) of lead charged.
CPbi=concentration of lead from emission point ``i,'' mg/dscm 
(gr/dscf).
Qsdi=volumetric flow rate of effluent gas from emission point 
``i,'' dscm/hr (sdcf/hr).
M=number of emission points in the affected facility.
P=lead feed rate to the facility, kg/hr (ton/hr).
K=conversion factor, 1.0 mg/mg (7000 gr/lb).

    (2) Method 12 shall be used to determine the lead concentration 
(CPb) and the volumetric flow rate (Qsd) of the 
effluent gas. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The average lead feed rate (P) shall be determined for each run 
using the following equation:

P=N W/[Theta]

where:

N=number of lead pigs (ingots) charged.
W=average mass of a pig, kg (ton).
[Theta]=duration of run, hr.

[54 FR 6675, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000]



  Subpart LL_Standards of Performance for Metallic Mineral Processing 
                                 Plants

    Source: 49 FR 6464, Feb. 21, 1984, unless otherwise noted.



Sec. 60.380  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in metallic mineral processing plants: Each crusher 
and screen in open-pit mines; each crusher, screen, bucket elevator, 
conveyor belt transfer point, thermal dryer, product packaging station, 
storage bin, enclosed storage area, truck loading station, truck 
unloading station, railcar loading station, and railcar unloading 
station at the mill or concentrator with the following exceptions. All 
facilities located in underground mines are exempted from the provisions 
of this subpart. At uranium ore processing plants, all facilities 
subsequent to and including the beneficiation of uranium ore are 
exempted from the provisions of this subpart.
    (b) An affected facility under paragraph (a) of this section that 
commences construction or modification after August 24, 1982, is subject 
to the requirements of this part.



Sec. 60.381  Definitions.

    All terms used in this subpart, but not specifically defined in this 
section, shall have the meaning given them in the Act and in subpart A 
of this part.
    Bucket elevator means a conveying device for metallic minerals 
consisting of a head and foot assembly that supports and drives an 
endless single or double

[[Page 477]]

strand chain or belt to which buckets are attached.
    Capture system means the equipment used to capture and transport 
particulate matter generated by one or more affected facilities to a 
control device.
    Control device means the air pollution control equipment used to 
reduce particulate matter emissions released to the atmosphere from one 
or more affected facilities at a metallic mineral processing plant.
    Conveyor belt transfer point means a point in the conveying 
operation where the metallic mineral or metallic mineral concentrate is 
transferred to or from a conveyor belt except where the metallic mineral 
is being transferred to a stockpile.
    Crusher means a machine used to crush any metallic mineral and 
includes feeders or conveyors located immediately below the crushing 
surfaces. Crushers include, but are not limited to, the following types: 
jaw, gyratory, cone, and hammermill.
    Enclosed storage area means any area covered by a roof under which 
metallic minerals are stored prior to further processing or loading.
    Metallic mineral concentrate means a material containing metallic 
compounds in concentrations higher than naturally occurring in ore but 
requiring additional processing if pure metal is to be isolated. A 
metallic mineral concentrate contains at least one of the following 
metals in any of its oxidation states and at a concentration that 
contributes to the concentrate's commercial value: Aluminum, copper, 
gold, iron, lead, molybdenum, silver, titanium, tungsten, uranium, zinc, 
and zirconium. This definition shall not be construed as requiring that 
material containing metallic compounds be refined to a pure metal in 
order for the material to be considered a metallic mineral concentrate 
to be covered by the standards.
    Metallic mineral processing plant means any combination of equipment 
that produces metallic mineral concentrates from ore. Metallic mineral 
processing commences with the mining of ore and includes all operations 
either up to and including the loading of wet or dry concentrates or 
solutions of metallic minerals for transfer to facilities at non-
adjacent locations that will subsequently process metallic concentrates 
into purified metals (or other products), or up to and including all 
material transfer and storage operations that precede the operations 
that produce refined metals (or other products) from metallic mineral 
concentrates at facilities adjacent to the metallic mineral processing 
plant. This definition shall not be construed as requiring that mining 
of ore be conducted in order for the combination of equipment to be 
considered a metallic mineral processing plant. (See also the definition 
of metallic mineral concentrate.)
    Process fugitive emissions means particulate matter emissions from 
an affected facility that are not collected by a capture system.
    Product packaging station means the equipment used to fill 
containers with metallic compounds or metallic mineral concentrates.
    Railcar loading station means that portion of a metallic mineral 
processing plant where metallic minerals or metallic mineral 
concentrates are loaded by a conveying system into railcars.
    Railcar unloading station means that portion of a metallic mineral 
processing plant where metallic ore is unloaded from a railcar into a 
hopper, screen, or crusher.
    Screen means a device for separating material according to size by 
passing undersize material through one or more mesh surfaces (screens) 
in series and retaining oversize material on the mesh surfaces 
(screens).
    Stack emissions means the particulate matter captured and released 
to the atmosphere through a stack, chimney, or flue.
    Storage bin means a facility for storage (including surge bins and 
hoppers) of metallic minerals prior to further processing or loading.
    Surface moisture means water that is not chemically bound to a 
metallic mineral or metallic mineral concentrate.
    Thermal dryer means a unit in which the surface moisture content of 
a metallic mineral or a metallic mineral

[[Page 478]]

concentrate is reduced by direct or indirect contact with a heated gas 
stream.
    Truck loading station means that portion of a metallic mineral 
processing plant where metallic minerals or metallic mineral 
concentrates are loaded by a conveying system into trucks.
    Truck unloading station means that portion of a metallic mineral 
processing plant where metallic ore is unloaded from a truck into a 
hopper, screen, or crusher.

[49 FR 6464, Feb. 21, 1984, as amended at 65 FR 61760, Oct. 17, 2000]



Sec. 60.382  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from an affected facility any stack emissions that:
    (1) Contain particulate matter in excess of 0.05 grams per dry 
standard cubic meter (0.02 g/dscm).
    (2) Exhibit greater than 7 percent opacity, unless the stack 
emissions are discharged from an affected facility using a wet scrubbing 
emission control device.
    (b) On and after the sixtieth day after achieving the maximum 
production rate at which the affected facility will be operated, but not 
later than 180 days after initial startup, no owner or operator subject 
to the provisions of this subpart shall cause to be discharged into the 
atmosphere from an affected facility any process fugitive emissions that 
exhibit greater than 10 percent opacity.

[49 FR 6464, Feb. 21, 1984, as amended at 65 FR 61760, Oct. 17, 2000]



Sec. 60.383  Reconstruction.

    (a) The cost of replacement of ore-contact surfaces on processing 
equipment shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital cost that 
would be required to construct a comparable new facility'' under Sec. 
60.15. Ore-contact surfaces are: Crushing surfaces; screen meshes, bars, 
and plates; conveyor belts; elevator buckets; and pan feeders.
    (b) Under Sec. 60.15, the ``fixed capital cost of the new 
components'' includes the fixed capital cost of all depreciable 
components (except components specified in paragraph (a) of this 
section) that are or will be replaced pursuant to all continuous 
programs of component replacement commenced within any 2-year period 
following August 24, 1982.



Sec. 60.384  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a monitoring device for 
the continuous measurement of the change in pressure of the gas stream 
through the scrubber for any affected facility using a wet scrubbing 
emission control device. The monitoring device must be certified by the 
manufacturer to be accurate within 250 pascals 
(1 inch water) gauge pressure and must be 
calibrated on an annual basis in accordance with manufacturer's 
instructions.
    (b) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a monitoring device for 
the continuous measurement of the scrubbing liquid flow rate to a wet 
scrubber for any affected facility using any type of wet scrubbing 
emission control device. The monitoring device must be certified by the 
manufacturer to be accurate within 5 percent of 
design scrubbing liquid flow rate and must be calibrated on at least an 
annual basis in accordance with manufacturer's instructions.



Sec. 60.385  Recordkeeping and reporting requirements.

    (a) The owner or operator subject to the provisions of this subpart 
shall conduct a performance test and submit to the Administrator a 
written report of the results of the test as specified in Sec. 60.8(a).
    (b) During the initial performance test of a wet scrubber, and at 
least weekly thereafter, the owner or operator shall record the 
measurements of both the change in pressure of the gas stream across the 
scrubber and the scrubbing liquid flow rate.

[[Page 479]]

    (c) After the initial performance test of a wet scrubber, the owner 
or operator shall submit semiannual reports to the Administrator of 
occurrences when the measurements of the scrubber pressure loss (or 
gain) or liquid flow rate differ by more than 30 
percent from the average obtained during the most recent performance 
test.
    (d) The reports required under paragraph (c) shall be postmarked 
within 30 days following the end of the second and fourth calendar 
quarters.
    (e) The requirements of this subsection remain in force until and 
unless the Agency, in delegating enforcement authority to a State under 
section 111(c) of the Act, approves reporting requirements or an 
alternative means of compliance surveillance adopted by such States. In 
that event, affected sources within the State will be relieved of the 
obligation to comply with this subsection, provided that they comply 
with requirements established by the State.

[49 FR 6464, Feb. 21, 1984, as amended at 54 FR 6676, Feb. 14, 1989; 65 
FR 61760, Oct. 17, 2000]



Sec. 60.386  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine complance with the 
particulate matter standards Sec. 60.382 as follows:
    (1) Method 5 or 17 shall be used to determine the particulate matter 
concentration. The sample volume for each run shall be at least 1.70 
dscm (60 dscf). The sampling probe and filter holder of Method 5 may be 
operated without heaters if the gas stream being sampled is at ambient 
temperature. For gas streams above ambient temperature, the Method 5 
sampling train shall be operated with a probe and filter temperature 
slightly above the effluent temperature (up to a maximum filter 
temperature of 121 [deg]C (250 [deg]F)) in order to prevent water 
condensation on the filter.
    (2) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity from stack emissions and process fugitive emissions. 
The observer shall read opacity only when emissions are clearly 
identified as emanating solely from the affected facility being 
observed.
    (c) To comply with Sec. 60.385(c), the owner or operator shall use 
the monitoring devices in Sec. 60.384(a) and (b) to determine the 
pressure loss of the gas stream through the scrubber and scrubbing 
liquid flow rate at any time during each particulate matter run, and the 
average of the three determinations shall be computed.

[54 FR 6676, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000]



Subpart MM_Standards of Performance for Automobile and Light Duty Truck 
                       Surface Coating Operations

    Source: 45 FR 85415, Dec. 24, 1980, unless otherwise noted.



Sec. 60.390  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to the following affected 
facilities in an automobile or light-duty truck assembly plant: each 
prime coat operation, each guide coat operation, and each topcoat 
operation.
    (b) Exempted from the provisions of this subpart are operations used 
to coat plastic body components or all-plastic automobile or light-duty 
truck bodies on separate coating lines. The attachment of plastic body 
parts to a metal body before the body is coated does not cause the metal 
body coating operation to be exempted.
    (c) The provisions of this subpart apply to any affected facility 
identified in paragraph (a) of this section that begins construction, 
reconstruction, or modification after October 5, 1979.



Sec. 60.391  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Act and in subpart A of this part.
    Applied coating solids means the volume of dried or cured coating 
solids which is deposited and remains on the

[[Page 480]]

surface of the automobile or light-duty truck body.
    Automobile means a motor vehicle capable of carrying no more than 12 
passengers.
    Automobile and light-duty truck body means the exterior surface of 
an automobile or light-duty truck including hoods, fenders, cargo boxes, 
doors, and grill opening panels.
    Bake oven means a device that uses heat to dry or cure coatings.
    Electrodeposition (EDP) means a method of applying a prime coat by 
which the automobile or light-duty truck body is submerged in a tank 
filled with coating material and an electrical field is used to effect 
the deposition of the coating material on the body.
    Electrostatic spray application means a spray application method 
that uses an electrical potential to increase the transfer efficiency of 
the coating solids. Electrostatic spray application can be used for 
prime coat, guide coat, or topcoat operations.
    Flash-off area means the structure on automobile and light-duty 
truck assembly lines between the coating application system (dip tank or 
spray booth) and the bake oven.
    Guide coat operation means the guide coat spray booth, flash-off 
area and bake oven(s) which are used to apply and dry or cure a surface 
coating between the prime coat and topcoat operation on the components 
of automobile and light-duty truck bodies.
    Light-duty truck means any motor vehicle rated at 3,850 kilograms 
gross vehicle weight or less, designed mainly to transport property.
    Plastic body means an automobile or light-duty truck body 
constructed of synthetic organic material.
    Plastic body component means any component of an automobile or 
light-duty truck exterior surface constructed of synthetic organic 
material.
    Prime coat operation means the prime coat spray booth or dip tank, 
flash-off area, and bake oven(s) which are used to apply and dry or cure 
the initial coating on components of automobile or light-duty truck 
bodies.
    Purge or line purge means the coating material expelled from the 
spray system when clearing it.
    Solids Turnover Ratio (RT) means the ratio of total 
volume of coating solids that is added to the EDP system in a calendar 
month divided by the total volume design capacity of the EDP system.
    Solvent-borne means a coating which contains five percent or less 
water by weight in its volatile fraction.
    Spray application means a method of applying coatings by atomizing 
the coating material and directing the atomized material toward the part 
to be coated. Spray applications can be used for prime coat, guide coat, 
and topcoat operations.
    Spray booth means a structure housing automatic or manual spray 
application equipment where prime coat, guide coat, or topcoat is 
applied to components of automobile or light-duty truck bodies.
    Surface coating operation means any prime coat, guide coat, or 
topcoat operation on an automobile or light-duty truck surface coating 
line.
    Topcoat operation means the topcoat spray booth, flash-off area, and 
bake oven(s) which are used to apply and dry or cure the final 
coating(s) on components of automobile and light-duty truck bodies.
    Transfer efficiency means the ratio of the amount of coating solids 
transferred onto the surface of a part or product to the total amount of 
coating solids used.
    VOC content means all volatile organic compounds that are in a 
coating expressed as kilograms of VOC per liter of coating solids.
    Volume Design Capacity of EDP System (LE) means the total liquid 
volume that is contained in the EDP system (tank, pumps, recirculating 
lines, filters, etc.) at its designed liquid operating level.
    Waterborne or water reducible means a coating which contains more 
than five weight percent water in its volatile fraction.
    (b) The nomenclature used in this subpart has the following 
meanings:

Caj=concentration of VOC (as carbon) in the effluent gas 
flowing through stack (j) leaving the control device (parts per million 
by volume),

[[Page 481]]

Cbi=concentration of VOC (as carbon) in the effluent gas 
flowing through stack (i) entering the control device (parts per million 
by volume),
Cfk=concentration of VOC (as carbon) in the effluent gas 
flowing through exhaust stack (k) not entering the control device (parts 
per million by volume),
Dci=density of each coating (i) as received (kilograms per 
liter),
Ddj=density of each type VOC dilution solvent (j) added to 
the coatings, as received (kilograms per liter),
Dr=density of VOC recovered from an affected facility 
(kilograms per liter),
E=VOC destruction or removal efficiency of the control device,
F=fraction of total VOC which is emitted by an affected facility that 
enters the control device,
G=volume weighted average mass of VOC per volume of applied solids 
(kilograms per liter),
Lci=volume of each coating (i) consumed, as received 
(liters),
Lcil = Volume of each coating (i) consumed by each 
application method (l), as received (liters),
Ldj=volume of each type VOC dilution solvent (j) added to the 
coatings, as received (liters),
Lr=volume of VOC recovered from an affected facility 
(liters),
Ls=volume of solids in coatings consumed (liters),
LE=the total volume of the EDP system (liters),
Md=total mass of VOC in dilution solvent (kilograms),
M0=total mass of VOC in coatings as received (kilograms),
Mr=total mass of VOC recovered from an affected facility 
(kilograms),
N=volume weighted average mass of VOC per volume of applied coating 
solids after the control device
[GRAPHIC] [TIFF OMITTED] TC16NO91.024

Qaj=volumetric flow rate of the effluent gas flowing through 
stack (j) leaving the control device (dry standard cubic meters per 
hour),
Qbi=volumetric flow rate of the effluent gas flowing through 
stack (i) entering the control device (dry standard cubic meters per 
hour),
Qfk=volumetric flow rate of the effluent gas flowing through 
exhaust stack (k) not entering the control device (dry standard cubic 
meters per hour),
T=overall transfer efficiency,
Tl=transfer efficiency for application method (l),
Vsi=proportion of solids by volume in each coating (i) as 
received
[GRAPHIC] [TIFF OMITTED] TC16NO91.025

Woi=proportion of VOC by weight in each coating (i), as 
received
[GRAPHIC] [TIFF OMITTED] TC16NO91.026


[45 FR 85415, Dec. 24, 1980, as amended at 59 FR 51386, Oct. 11, 1994; 
65 FR 61760, Oct. 17, 2000]



Sec. 60.392  Standards for volatile organic compounds

    On and after the date on which the initial performance test required 
by Sec. 60.8 is completed, no owner or operator subject to the 
provisions of this subpart shall discharge or cause the discharge into 
the atmosphere from any affected facility VOC emissions in excess of:
    (a) Prime Coat Operation. (1) For each EDP prime coat operation:
    (i) 0.17 kilogram of VOC per liter of applied coating solids when 
RT is 0.16 or greater.
    (ii) 0.17x350 (0.160-RT) kg of VOC per liter 
of applied coating solids when RT is greater than or equal to 
0.040 and less than 0.160.
    (iii) When RT is less than 0.040, there is no emission 
limit.
    (2) For each nonelectrodeposition prime coat operation: 0.17 
kilogram of VOC per liter of applied coating solids.
    (b) 1.40 kilograms of VOC per liter of applied coating solids from 
each guide coat operation.
    (c) 1.47 kilograms of VOC per liter of applied coating solids from 
each topcoat operation.

[45 FR 85415, Dec. 24, 1980, as amended at 59 FR 51386, Oct. 11, 1994]



Sec. 60.393  Performance test and compliance provisions.

    (a) Section 60.8 (d) and (f) do not apply to the performance test 
procedures required by this section.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test in accordance with Sec. 60.8(a) and thereafter 
for each calendar month for each affected facility according to the 
procedures in this section.

[[Page 482]]

    (c) The owner or operator shall use the following procedures for 
determining the monthly volume weighted average mass of VOC emitted per 
volume of applied coating solids.
    (1) The owner or operator shall use the following procedures for 
each affected facility which does not use a capture system and a control 
device to comply with the applicable emission limit specified under 
Sec. 60.392.
    (i) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids for each calendar month for each affected 
facility. The owner or operator shall determine the composition of the 
coatings by formulation data supplied by the manufacturer of the coating 
or from data determined by an analysis of each coating, as received, by 
Method 24. The Administrator may require the owner or operator who uses 
formulation data supplied by the manufacturer of the coating to 
determine data used in the calculation of the VOC content of coatings by 
Method 24 or an equivalent or alternative method. The owner or operator 
shall determine from company records on a monthly basis the volume of 
coating consumed, as received, and the mass of solvent used for thinning 
purposes. The volume weighted average of the total mass of VOC per 
volume of coating solids used each calendar month will be determined by 
the following procedures.
    (A) Calculate the mass of VOC used in each calendar month for each 
affected facility by the following equation where ``n'' is the total 
number of coatings used and ``m'' is the total number of VOC solvents 
used:
[GRAPHIC] [TIFF OMITTED] TC16NO91.027

[[Sigma]LdjDdj will be zero if no VOC 
solvent is added to the coatings, as received].

    (B) Calculate the total volume of coating solids used in each 
calendar month for each affected facility by the following equation 
where ``n'' is the total number of coatings used:
[GRAPHIC] [TIFF OMITTED] TC16NO91.028

    (C) Select the appropriate transfer efficiency (T) from the 
following tables for each surface coating operation:

------------------------------------------------------------------------
                                                               Transfer
                     Application method                       efficiency
------------------------------------------------------------------------
Air Atomized Spray (waterborne coating).....................        0.39
Air Atomized Spray (solvent-borne coating)..................        0.50
Manual Electrostatic Spray..................................        0.75
Automatic Electrostatic Spray...............................        0.95
Electrodeposition...........................................        1.00
------------------------------------------------------------------------


The values in the table above represent an overall system efficiency 
which includes a total capture of purge. If a spray system uses line 
purging after each vehicle and does not collect any of the purge 
material, the following table shall be used:

------------------------------------------------------------------------
                                                               Transfer
                     Application method                       efficiency
------------------------------------------------------------------------
Air Atomized Spray (waterborne coating).....................        0.30
Air Atomized Spray (solvent-borne coating)..................        0.40
Manual Electrostatic Spray..................................        0.62
Automatic Electrostatic Spray...............................        0.75
------------------------------------------------------------------------


If the owner or operator can justify to the Administrator's satisfaction 
that other values for transfer efficiencies are appropriate, the 
Administrator will approve their use on a case-by-case basis.
    (1) When more than one application method (l) is used on an 
individual surface coating operation, the owner or operator shall 
perform an analysis to determine an average transfer efficiency by the 
following equation where ``n'' is the total number of coatings used and 
``p'' is the total number of application methods:
[GRAPHIC] [TIFF OMITTED] TC16NO91.029

    (D) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids (G) during each calendar month for each affected 
facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.030


[[Page 483]]


    (E) For each EDP prime coat operation, calculate the turnover ratio 
(RT) by the following equation:
[GRAPHIC] [TIFF OMITTED] TR11OC94.000


Then calculate or select the appropriate limit according to Sec. 
60.392(a).
    (ii) If the volume weighted average mass of VOC per volume of 
applied coating solids (G), calculated on a calendar month basis, is 
less than or equal to the applicable emission limit specified in Sec. 
60.392, the affected facility is in compliance. Each monthly calculation 
is a performance test for the purpose of this subpart.
    (2) The owner or operator shall use the following procedures for 
each affected facility which uses a capture system and a control device 
that destroys VOC (e.g., incinerator) to comply with the applicable 
emission limit specified under Sec. 60.392.
    (i) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids (G) during each calendar month for each affected 
facility as described under Sec. 60.393(c)(1)(i).
    (ii) Calculate the volume weighted average mass of VOC per volume of 
applied solids emitted after the control device, by the following 
equation: N=G[1-FE]
    (A) Determine the fraction of total VOC which is emitted by an 
affected facility that enters the control device by using the following 
equation where ``n'' is the total number of stacks entering the control 
device and ``p'' is the total number of stacks not connected to the 
control device:
[GRAPHIC] [TIFF OMITTED] TR17OC00.011


If the owner can justify to the Administrator's satisfaction that 
another method will give comparable results, the Administrator will 
approve its use on a case-by-case basis.
    (1) In subsequent months, the owner or operator shall use the most 
recently determined capture fraction for the performance test.
    (B) Determines the destruction efficiency of the control device 
using values of the volumetric flow rate of the gas streams and the VOC 
content (as carbon) of each of the gas streams in and out of the device 
by the following equation where ``n'' is the total number of stacks 
entering the control device and ``m'' is the total number of stacks 
leaving the control device:
[GRAPHIC] [TIFF OMITTED] TC01JN92.014

    (1) In subsequent months, the owner or operator shall use the most 
recently determined VOC destruction efficiency for the performance test.
    (C) If an emission control device controls the emissions from more 
than one affected facility, the owner or operator shall measure the VOC 
concentration (Cbi) in the effluent gas entering the control 
device (in parts per million by volume) and the volumetric flow rate 
(Qbi) of the effluent gas (in dry standard cubic meters per 
hour) entering the device through each stack. The destruction or removal 
efficiency determined using these data shall be applied to each affected 
facility served by the control device.
    (iii) If the volume weighted average mass of VOC per volume of 
applied solids emitted after the control device (N) calculated on a 
calendar month basis is less than or equal to the applicable emission 
limit specified in Sec. 60.392, the affected facility is in compliance. 
Each monthly calculation is a performance test for the purposes of this 
subpart.

[[Page 484]]

    (3) The owner or operator shall use the following procedures for 
each affected facility which uses a capture system and a control device 
that recovers the VOC (e.g., carbon adsorber) to comply with the 
applicable emission limit specified under Sec. 60.392.
    (i) Calculate the mass of VOC (Mo+Md) used 
during each calendar month for each affected facility as described under 
Sec. 60.393(c)(1)(i).
    (ii) Calculate the total volume of coating solids (Ls) 
used in each calendar month for each affected facility as described 
under Sec. 60.393(c)(1)(i).
    (iii) Calculate the mass of VOC recovered (Mr) each 
calendar month for each affected facility by the following equation: 
Mr=Lr Dr
    (iv) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids emitted after the control device during a 
calendar month by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.031

    (v) If the volume weighted average mass of VOC per volume of applied 
solids emitted after the control device (N) calculated on a calendar 
month basis is less than or equal to the applicable emission limit 
specified in Sec. 60.392, the affected facility is in compliance. Each 
monthly calculation is a performance test for the purposes of this 
subpart.

[45 FR 85415, Dec. 24, 1980, as amended at 59 FR 51387, Oct. 11, 1994; 
65 FR 61760, Oct. 17, 2000]



Sec. 60.394  Monitoring of emissions and operations.

    The owner or operator of an affected facility which uses an 
incinerator to comply with the emission limits specified under Sec. 
60.392 shall install, calibrate, maintain, and operate temperature 
measurement devices as prescribed below:
    (a) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, a temperature measurement device shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (b) Each temperature measurement device shall be installed, 
calibrated, and maintained according to accepted practice and the 
manufacturer's specifications. The device shall have an accuracy of the 
greater of 5 percent of the temperature being 
measured expressed in degrees Celsius or 2.5 
[deg]C.
    (c) Each temperature measurement device shall be equipped with a 
recording device so that a permanent record is produced.



Sec. 60.395  Reporting and recordkeeping requirements.

    (a) Each owner or operator of an affected facility shall include the 
data outlined in paragraphs (a)(1) and (2) in the initial compliance 
report required by Sec. 60.8.
    (1) The owner or operator shall report the volume weighted average 
mass of VOC per volume of applied coating solids for each affected 
facility.
    (2) Where compliance is achieved through the use of incineration, 
the owner or operator shall include the following additional data in the 
control device initial performance test requried by Sec. 60.8(a) or 
subsequent performance tests at which destruction efficiency is 
determined: the combustion temperature (or the gas temperature upstream 
and downstream of the catalyst bed), the total mass of VOC per volume of 
applied coating solids before and after the incinerator, capture 
efficiency, the destruction efficiency of the incinerator used to attain 
compliance with the applicable emission limit specified in Sec. 60.392 
and a description of the method used to establish the fraction of VOC 
captured and sent to the control device.
    (b) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the total mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec. 60.392. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually. Where compliance is achieved through

[[Page 485]]

the use of a capture system and control device, the volume-weighted 
average after the control device should be reported.
    (c) Where compliance with Sec. 60.392 is achieved through the use 
of incineration, the owner or operator shall continuously record the 
incinerator combustion temperature during coating operations for thermal 
incineration or the gas temperature upstream and downstream of the 
incinerator catalyst bed during coating operations for catalytic 
incineration. The owner or operator shall submit a written report at the 
frequency specified in Sec. 60.7(c) and as defined below.
    (1) For thermal incinerators, every three-hour period shall be 
reported during which the average temperature measured is more than 28 
[deg]C less than the average temperature during the most recent control 
device performance test at which the destruction efficiency was 
determined as specified under Sec. 60.393.
    (2) For catalytic incinerators, every three-hour period shall be 
reported during which the average temperature immediately before the 
catalyst bed, when the coating system is operational, is more than 28 
[deg]C less than the average temperature immediately before the catalyst 
bed during the most recent control device performance test at which 
destruction efficiency was determined as specified under Sec. 60.393. 
In addition, every three-hour period shall be reported each quarter 
during which the average temperature difference across the catalyst bed 
when the coating system is operational is less than 80 percent of the 
average temperature difference of the device during the most recent 
control device performance test at which destruction efficiency was 
determined as specified under Sec. 60.393.
    (3) For thermal and catalytic incinerators, if no such periods 
occur, the owner or operator shall submit a negative report.
    (d) The owner or operator shall notify the Administrator 30 days in 
advance of any test by Method 25.

[45 FR 85415, Dec. 24, 1980, as amended at 55 FR 51383, Dec. 13, 1990; 
65 FR 61760, Oct. 17, 2000]



Sec. 60.396  Reference methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided in Sec. 60.8 shall be used to conduct performance tests.
    (1) Method 24 or an equivalent or alternative method approved by the 
Administrator shall be used for the determination of the data used in 
the calculation of the VOC content of the coatings used for each 
affected facility. Manufacturers' formulation data is approved by the 
Administrator as an alternative method to Method 24. In the event of 
dispute, Method 24 shall be the referee method.
    (2) Method 25 or an equivalent or alternative method approved by the 
Administrator shall be used for the determination of the VOC 
concentration in the effluent gas entering and leaving the emission 
control device for each stack equipped with an emission control device 
and in the effluent gas leaving each stack not equipped with a control 
device.
    (3) The following methods shall be used to determine the volumetric 
flow rate in the effluent gas in a stack:
    (i) Method 1 for sample and velocity traverses,
    (ii) Method 2 for velocity and volumetric flow rate,
    (iii) Method 3 for gas analysis, and
    (iv) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be a 1-liter sample taken 
in a 1-liter container.
    (c) For Method 25, the sampling time for each of three runs must be 
at least one hour. The minimum sample volume must be 0.003 dscm except 
that shorter sampling times or smaller volumes, when necessitated by 
process variables or other factors, may be approved by the 
Administrator. The Administrator will approve the sampling of 
representative stacks on a case-by-case basis if the owner or operator 
can demonstrate to the satisfaction of the Administrator that the 
testing of representative stacks would yield results comparable to those 
that would be obtained by testing all stacks.

[45 FR 85415, Dec. 24, 1980, as amended at 65 FR 61760, Oct. 17, 2000]

[[Page 486]]



Sec. 60.397  Modifications.

    The following physical or operational changes are not, by 
themselves, considered modifications of existing facilities:
    (a) Changes as a result of model year changeovers or switches to 
larger cars.
    (b) Changes in the application of the coatings to increase coating 
film thickness.



Sec. 60.398  Innovative technology waivers.

    (a) General Motors Corporation, Wentzville, Missouri, automobile 
assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 
U.S.C. 7411(j), each topcoat operation at General Motors Corporation 
automobile assembly plant located in Wentzville, Missouri, shall comply 
with the following conditions:
    (i) The General Motors Corporation shall obtain the necessary 
permits as required by section 173 of the Clean Air Act, as amended 
August 1977, to operate the Wentzville assembly plant.
    (ii) Commencing on February 4, 1983, and continuing to December 31, 
1986, or until the base coat/clear coat topcoat system that can achieve 
the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980) is 
demonstrated to the Administrator's satisfaction the General Motors 
Corporation shall limit the discharge of VOC emissions to the atmosphere 
from each topcoat operation at the Wentzville, Missouri, assembly plant, 
to either:
    (A) 1.9 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (a)(1)(ii) of this section, and continuing 
thereafter, emissions of VOC from each topcoat operations shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (Dec. 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (a)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region VII, 
324 East 11th Street, Kansas City, MO 64106, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (Dec. 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for General Motors 
Corporation to operate a topcoat operation in violation of the 
requirements established in this waiver. Violation of the terms and 
conditions of this waiver shall subject the General Motors Corporation 
to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and 
(c), and section 120, 42 U.S.C. 7420, of the Act as well as possible 
citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.
    (b) General Motors Corporation, Detroit, Michigan, Automobile 
Assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 
U.S.C. 7411(j), each topcoat operation at General Motors Corporation's 
automobile assembly plant located in Detroit, MI, shall comply with the 
following conditions:
    (i) The General Motors Corporation shall obtain the necessary 
permits as required by section 173 of the Clean Air Act, as amended 
August 1977, to operate the Detroit assembly plant.
    (ii) Commencing on February 4, 1983, and continuing to December 31, 
1986, or until the base coat/clear coat topcoat system that can achieve 
the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980), is 
demonstrated to the Administrator's satisfaction, the General Motors 
Corporation shall limit the discharge of VOC emissions to the atmosphere 
from each topcoat operation at

[[Page 487]]

the Detroit, MI, assembly plant, to either:
    (A) 1.9 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (b)(ii) of this section, and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (December 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (b)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (Dec. 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for General Motors 
Corporation to operate a topcoat operation in violation of the 
requirements established in this waiver. Violation of the terms and 
conditions of this waiver shall subject the General Motors Corporation 
to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and 
(c), and section 120, 42 U.S.C. 7420, of the Act as well as possible 
citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.
    (c) General Motors Corporation, Orion Township, MI, automobile 
assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 
U.S.C. 7411(j), each topcoat operation at General Motors Corporation 
automobile assembly plant located in Orion Township, MI, shall comply 
with the following conditions:
    (i) The General Motors Corporation shall obtain the necessary 
permits as required by section 173 of the Clean Air Act, as amended 
August 1977, to operate the Orion Township assembly plant.
    (ii) Commencing on February 4, 1983, and continuing to December 31, 
1986, or until the base coat/clear coat topcoat system that can achieve 
the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980) is 
demonstrated to the Administrator's satisfaction, the General Motors 
Corporation shall limit the discharge of VOC emissions to the atmosphere 
from each topcoat operation at the Orion Township, MI, assembly plant, 
to either:
    (A) 1.9 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (c)(l)(ii) of this section and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (Dec. 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (c)(l) (ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base

[[Page 488]]

coat/clear coat development work including the results of exposure and 
endurance tests of the various coatings being evaluated. The report 
shall include an updated schedule of attainment of 40 CFR 60.392(c) 
(December 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for General Motors 
Corporation to operate a topcoat operation in violation of the 
requirements established in this waiver. Violation of the terms and 
conditions of this waiver shall subject the General Motors Corporation 
to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and 
(c), and section 120, 42 U.S.C. 7420, of the Act as well as possible 
citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.
    (d) Honda of America Manufacturing, Incorporated (Honda), 
Marysville, Ohio, automobile assembly plant. (1) Pursuant to section 
111(j) of the Clean Air Act, 42 U.S.C. 7411(j), each topcoat operation 
at Honda's automobile assembly plant located in Marysville, OH, shall 
comply with the following conditions:
    (i) Honda shall obtain the necessary permits as required by section 
173 of the Clean Air Act, as amended August 1977, to operate the 
Marysville assembly plant.
    (ii) Commencing on February 4, 1983, and continuing for 4 years or 
to December 31, 1986, whichever is sooner, or until the base coat/clear 
coat topcoat system that can achieve the standard specified in 40 CFR 
60.392(c) (Dec. 24, 1980) is demonstrated to the Administrator's 
satisfaction, Honda shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at Marysville, OH, assembly 
plant, to either:
    (A) 3.1 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (d)(1)(ii) of this section and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (December 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (d)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (Dec. 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for Honda to operate a 
topcoat operation in violation of the requirements established in this 
waiver. Violation of the terms and conditions of this waiver shall 
subject Honda to enforcement under section 113(b) and (c), 42 U.S.C. 
7412(b) and (c), and section 120, 42 U.S.C. 7420, of the Act as well as 
possible citizen enforcement under section 304 of the Act, 42 U.S.C. 
7604.
    (e) Nissan Motor Manufacturing Corporation, U.S.A. (Nissan), Smyrna, 
TN, light-duty truck assembly plant. (1) Pursuant to section 111(j) of 
the Clean Air Act, 42 U.S.C. 7411(j), each topcoat operation at Nissan's 
light-duty truck assembly plant located in Smyrna, Tennessee, shall 
comply with the following conditions:
    (i) Nissan shall obtain the necessary permits as required by section 
173 of the Clean Air Act, as amended August 1977, to operate the Smyrna 
assembly plant.
    (ii) Commencing on February 4, 1983, and continuing for 4 years or 
to December 31, 1986, whichever is sooner, or

[[Page 489]]

until the base coat/clear coat topcoat system that can achieve the 
standard specified in 40 CFR 60.392(c) (Dec. 24, 1980), is demonstrated 
to the Administrator's satisfaction, Nissan shall limit the discharge of 
VOC emissions to the atmosphere from each topcoat operation at the 
Smyrna, TN, assembly plant, to either:
    (A) 2.3 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (e)(1)(ii) of this section and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (Dec. 24, 1980).

Each topcoat operation shall comply with the provisions of Sec. Sec. 
60.393, 60.394, 60.395, 60.396, and 60.397. Separate calculations shall 
be made for base coat/clear coat coatings and all other topcoat coatings 
when necessary to demonstrate compliance with the emission limits in 
paragraph (e)(1)(ii)(A) of this section.
    (f) Chrysler Corporation, Sterling Heights, MI, automobile assembly 
plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 
7411(j), each topcoat operation at Chrysler Corporation's automobile 
assembly plant located in Sterling Heights, MI, shall comply with the 
following conditions:
    (i) The Chrysler Corporation shall obtain the necessary permits as 
required under Parts C and D of the Clean Air Act, as amended August 
1977, to operate the Sterling Heights assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec. 60.392(c) of this subpart is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Chrysler Corporation shall limit the discharge of VOC emissions to 
the atmosphere from each topcoat operation at the Sterling Heights, MI 
assembly plant, to either:
    (A) 1.7 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (f)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec. 
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (f)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec. 60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Chrysler Corporation 
to operate a topcoat operation in violation of the requirements 
established in this waiver. Violation of the terms and conditions of 
this waiver shall subject the Chrysler Corporation to enforcement under 
sections 113 (b) and (c) of the Act (42 U.S.C. 7412 (b) and (c)) and 
under section 120 of the Act (42 U.S.C. 7420), as

[[Page 490]]

well as possible citizen enforcement under section 304 of the Act (42 
U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Michigan from imposing upon the Chrysler Corporation any emission 
reduction requirement at Chrysler's Sterling Heights automobile assembly 
plant necessary for the maintenance of reasonable further progress or 
the attainment of the national ambient air quality standard for ozone or 
the maintenance of the national ambient air quality standard for ozone. 
Furthermore, this waiver shall not be construed as granting any 
exemptions from the applicability, enforcement, or other provisions of 
any other standards that apply or may apply to topcoat operations or any 
other operations at this automobile assembly plant.
    (g) Ford Motor Company, Hapeville, GA, automotive assemply plant. 
(1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 7411(j), 
each topcoat operation at Ford Motor Company's automobile assembly plant 
located in Hapeville, GA, shall comply with the following conditions:
    (i) The Ford Motor Company shall obtain the necessary permits as 
required under parts C and D of the Clean Air Act, as amended August 
1977, to operate the Hapeville assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec. 60.392(c) of this subpart is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Ford Motor Company shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the Hapeville, GA, assembly 
plant, to either:
    (A) 2.6 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (g)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec. 
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (g)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region IV, 
345 Courtland Street, NE., Atlanta, GA 30365, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec. 60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Ford Motor Company to 
operate a topcoat operation in violation of the requirements established 
in this waiver. Violation of the terms and conditions of this waiver 
shall subject the Ford Motor Company to enforcement under section 113 
(b) and (c) and the Act (42 U.S.C. 7412 (b) and (c)) and under section 
120 of the Act (42 U.S.C. 7420), as well as possible citizen enforcement 
under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Georgia from imposing upon the Ford Motor Corporation any emission 
reduction requirement at Ford's Hapeville automobile assembly plant 
necessary for the maintenance of reasonable further progress or the 
attainment of the national ambient air quality standard for

[[Page 491]]

ozone or the maintenance of the national ambient air quality standard 
for ozone. Furthermore, this waiver shall not be construed as granting 
any exemptions from the applicability, enforcement, or other provisions 
of any other standards that apply or may apply to topcoat operations or 
any other operations at this automobile assembly plant.
    (h) Ford Motor Company, St. Paul, MN, light-duty truck assembly 
plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 
7411(j), each topcoat operation at Ford Motor Company's automobile 
assembly plant located in St. Paul, MN, shall comply with the following 
conditions:
    (i) The Ford Motor Company shall obtain the necessary permits as 
required under parts C and D of the Clean Air Act, as amended August 
1977, to operate the St. Paul assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec. 60.392(c) of this subpart, is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Ford Motor Company shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the St. Paul, MN, assembly 
plant, to either:
    (A) 2.0 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (h)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec. 
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (h)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec. 60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Ford Motor Company to 
operate a topcoat operation in violation of the requirements established 
in this waiver. Violation of the terms and conditions of this wavier 
shall subject the Ford Motor Company to enforcement under section 113 
(b) and (c) of the Act (42 U.S.C. 7412 (b) and (c)) and under section 
120 of the Act (42 U.S.C. 7420), as well as possible citizen enforcement 
under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Minnesota from imposing upon the Ford Motor Corporation any emission 
reduction requirements at Ford's St. Paul light-duty truck assembly 
plant necessary for the maintenance of reasonable further progress or 
the attainment of the national ambient air quality standard for ozone or 
the maintenance of the national ambient air quality standard for ozone. 
Furthermore, this waiver shall not be construed as granting any 
exemptions from the applicability, enforcement, or other provisions of 
any other standards that apply or may apply to topcoat operations or any 
other operations at this light-duty truck assembly plant.
    (i) Ford Motor Company, Hazelwood, MO, passenger van assembly plant. 
(1) Pursuant to section 111(j) of the Clean

[[Page 492]]

Air Act, 42 U.S.C. 7411(j), each topcoat operation at Ford Motor 
Company's passenger van assembly plant located in Hazelwood, MO, shall 
comply with the following conditions:
    (i) The Ford Motor Company shall obtain the necessary permits as 
required under parts C and D of the Clean Air Act, as amended August 
1977, to operate the Hazelwood assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec. 60.392(c) of this subpart is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Ford Motor Company shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the Hazelwood, MO, assembly 
plant, to either:
    (A) 2.5 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (i)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec. 
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec. 60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (i)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region VII, 
726 Minnesota Avenue, Kansas City, KS 61101, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec. 60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Ford Motor Company to 
operate a topcoat operation in violation of the requirements established 
in this waiver. Violation of the terms and conditions of this waiver 
shall subject the Ford Motor Company to enforcement under section 113 
(b) and (c) of the Act (42 U.S.C. 7412 (b) and (c)) and under section 
120 of the Act (42 U.S.C. 7420), as well as possible citizen enforcement 
under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Missouri from imposing upon the Ford Motor Corporation any emission 
reduction at Ford's Hazelwood passenger van assembly plant necessary for 
the maintenance of reasonable further progresss or the attainment of the 
national ambient air quality standards for ozone or the maintenance of 
the national ambient air quality standard for ozone. Furthermore, this 
waiver shall not be construed as granting any exemptions from the 
applicability, enforcement, or other provisions of any other standards 
that apply or may apply to topcoat operations or any other operations at 
this passenger van assembly plant.

[48 FR 5454, Feb. 4, 1983, as amended at 50 FR 36834, Sept. 9, 1985]



      Subpart NN_Standards of Performance for Phosphate Rock Plants

    Source: 47 FR 16589, Apr. 16, 1982, unless otherwise noted.



Sec. 60.400  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities used in phosphate rock plants

[[Page 493]]

which have a maximum plant production capacity greater than 3.6 
megagrams per hour (4 tons/hr): dryers, calciners, grinders, and ground 
rock handling and storage facilities, except those facilities producing 
or preparing phosphate rock solely for consumption in elemental 
phosphorus production.
    (b) Any facility under paragraph (a) of this section which commences 
construction, modification, or reconstruction after September 21, 1979, 
is subject to the requirements of this part.



Sec. 60.401  Definitions.

    (a) Phosphate rock plant means any plant which produces or prepares 
phosphate rock product by any or all of the following processes: Mining, 
beneficiation, crushing, screening, cleaning, drying, calcining, and 
grinding.
    (b) Phosphate rock feed means all material entering the process 
unit, including moisture and extraneous material as well as the 
following ore minerals: Fluorapatite, hydroxylapatite, chlorapatite, and 
carbonateapatite.
    (c) Dryer means a unit in which the moisture content of phosphate 
rock is reduced by contact with a heated gas stream.
    (d) Calciner means a unit in which the moisture and organic matter 
of phosphate rock is reduced within a combustion chamber.
    (e) Grinder means a unit which is used to pulverize dry phosphate 
rock to the final product size used in the manufacture of phosphate 
fertilizer and does not include crushing devices used in mining.
    (f) Ground phosphate rock handling and storage system means a system 
which is used for the conveyance and storage of ground phosphate rock 
from grinders at phosphate rock plants.
    (g) Beneficiation means the process of washing the rock to remove 
impurities or to separate size fractions.

[47 FR 16589, Apr. 16, 1982, as amended at 65 FR 61760, Oct. 17, 2000]



Sec. 60.402  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any phosphate rock dryer any gases which:
    (i) Contain particulate matter in excess of 0.030 kilogram per 
megagram of phosphate rock feed (0.06 lb/ton), or
    (ii) Exhibit greater than 10-percent opacity.
    (2) From any phosphate rock calciner processing unbeneficiated rock 
or blends of beneficiated and unbeneficiated rock, any gases which:
    (i) Contain particulate matter in excess of 0.12 kilogram per 
megagram of phosphate rock feed (0.23 lb/ton), or
    (ii) Exhibit greater than 10-percent opacity.
    (3) From any phosphate rock calciner processing beneficiated rock 
any gases which:
    (i) Contain particulate matter in excess of 0.055 kilogram per 
megagram of phosphate rock feed (0.11 lb/ton), or
    (ii) Exhibit greater than 10-percent opacity.
    (4) From any phosphate rock grinder any gases which:
    (i) Contain particulate matter in excess of 0.006 kilogram per 
megagram of phosphate rock feed (0.012 lb/ton), or
    (ii) Exhibit greater than zero-percent opacity.
    (5) From any ground phosphate rock handling and storage system any 
gases which exhibit greater than zero-percent opacity.

[47 FR 16589, Apr. 16, 1982, as amended at 65 FR 61760, Oct. 17, 2000]



Sec. 60.403  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a continuous monitoring 
system, except as provided in paragraphs (b) and (c) of this section, to 
monitor and record the opacity of the gases discharged into the 
atmosphere from any phosphate rock dryer, calciner, or grinder. The span 
of this system shall be set at 40-percent opacity.
    (b) For ground phosphate rock storage and handling systems, 
continuous monitoring systems for measuring opacity are not required.
    (c) The owner or operator of any affected phosphate rock facility 
using a

[[Page 494]]

wet scrubbing emission control device shall not be subject to the 
requirements in paragraph (a) of this section, but shall install, 
calibrate, maintain, and operate the following continuous monitoring 
devices:
    (1) A monitoring device for the continuous measurement of the 
pressure loss of the gas stream through the scrubber. The monitoring 
device must be certified by the manufacturer to be accurate within 
250 pascals (1 inch water) 
gauge pressure.
    (2) A monitoring device for the continuous measurement of the 
scrubbing liquid supply pressure to the control device. The monitoring 
device must be accurate within 5 percent of design 
scrubbing liquid supply pressure.
    (d) For the purpose of conducting a performance test under Sec. 
60.8, the owner or operator of any phosphate rock plant subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate a device for measuring the phosphate rock feed to any affected 
dryer, calciner, or grinder. The measuring device used must be accurate 
to within 5 percent of the mass rate over its 
operating range.
    (e) For the purpose of reports required under Sec. 60.7(c), periods 
of excess emissions that shall be reported are defined as all 6-minute 
periods during which the average opacity of the plume from any phosphate 
rock dryer, calciner, or grinder subject to paragraph (a) of this 
section exceeds the applicable opacity limit.
    (f) Any owner or operator subject to the requirements under 
paragraph (c) of this section shall report on a frequency specified in 
Sec. 60.7(c) all measurement results that are less than 90 percent of 
the average levels maintained during the most recent performance test 
conducted under Sec. 60.8 in which the affected facility demonstrated 
compliance with the standard under Sec. 60.402.

[47 FR 16589, Apr. 16, 1982, as amended at 64 FR 7466, Feb. 12, 1999]



Sec. 60.404  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided for in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.402 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=(cs Qsd)/(P K)

where:

E=emission rate of particulate matter, kg/Mg (lb/ton) of phosphate rock 
feed.
cs=concentration of particulate matter, g/dscm (g/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
P=phosphate rock feed rate, Mg/hr (ton/hr).
K=conversion factor, 1000 g/kg (453.6 g/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. The sampling time and sample volume for each run 
shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The device of Sec. 60.403(d) shall be used to determine the 
phosphate rock feed rate (P) for each run.
    (4) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (c) To comply with Sec. 60.403(f), if applicable, the owner or 
operator shall use the monitoring devices in Sec. 60.403(c) (1) and (2) 
to determine the average pressure loss of the gas stream through the 
scrubber and the average scrubbing supply pressure during the 
particulate matter runs.

[54 FR 6676, Feb. 14, 1989; 54 FR 21344, May 17, 1989]



  Subpart PP_Standards of Performance for Ammonium Sulfate Manufacture

    Source: 45 FR 74850, Nov. 12, 1980, unless otherwise noted.



Sec. 60.420  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each ammonium sulfate dryer within an ammonium sulfate 
manufacturing plant in the caprolactam by-product, synthetic, and coke 
oven by-product sectors of the ammonium sulfate industry.

[[Page 495]]

    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after February 4, 1980, is subject to the 
requirements of this subpart.



Sec. 60.421  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A.
    Ammonium sulfate dryer means a unit or vessel into which ammonium 
sulfate is charged for the purpose of reducing the moisture content of 
the product using a heated gas stream. The unit includes foundations, 
superstructure, material charger systems, exhaust systems, and integral 
control systems and instrumentation.
    Ammonium sulfate feed material streams means the sulfuric acid feed 
stream to the reactor/crystallizer for synthetic and coke oven by-
product ammonium sulfate manufacturing plants; and means the total or 
combined feed streams (the oximation ammonium sulfate stream and the 
rearrangement reaction ammonium sulfate stream) to the crystallizer 
stage, prior to any recycle streams.
    Ammonium sulfate manufacturing plant means any plant which produces 
ammonium sulfate.
    Caprolactam by-product ammonium sulfate manufacturing plant means 
any plant which produces ammonium sulfate as a by-product from process 
streams generated during caprolactam manufacture.
    Coke oven by-product ammonium sulfate manufacturing plant means any 
plant which produces ammonium sulfate by reacting sulfuric acid with 
ammonia recovered as a by-product from the manufacture of coke.
    Synthetic ammonium sulfate manufacturing plant means any plant which 
produces ammonium sulfate by direct combination of ammonia and sulfuric 
acid.



Sec. 60.422  Standards for particulate matter.

    On or after the date on which the performance test required to be 
conducted by Sec. 60.8 is completed, no owner or operator of an 
ammonium sulfate dryer subject to the provisions of this subpart shall 
cause to be discharged into the atmosphere, from any ammonium sulfate 
dryer, particulate matter at an emission rate exceeding 0.15 kilogram of 
particulate per megagram of ammonium sulfate produced (0.30 pound of 
particulate per ton of ammonium sulfate produced) and exhaust gases with 
greater than 15 percent opacity.



Sec. 60.423  Monitoring of operations.

    (a) The owner or operator of any ammonium sulfate manufacturing 
plant subject to the provisions of this subpart shall install, 
calibrate, maintain, and operate flow monitoring devices which can be 
used to determine the mass flow of ammonium sulfate feed material 
streams to the process. The flow monitoring device shall have an 
accuracy of 5 percent over its range. However, if 
the plant uses weigh scales of the same accuracy to directly measure 
production rate of ammonium sulfate, the use of flow monitoring devices 
is not required.
    (b) The owner or operator of any ammonium sulfate manufacturing 
plant subject to the provisions of this subpart shall install, 
calibrate, maintain, and operate a monitoring device which continuously 
measures and permanently records the total pressure drop across the 
emission control system. The monitoring device shall have an accuracy of 
5 percent over its operating range.



Sec. 60.424  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.422 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=(cs Qsd)/(PK)

where:

E=emission rate of particulate matter, kg/Mg (lb/ton) of ammonium 
sulfate produced.

[[Page 496]]

cs=concentration of particulate matter, g/dscm (g/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
P=production rate of ammonium sulfate, Mg/hr (ton/hr).
K=conversion factor, 1000 g/kg (453.6 g/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. The sampling time and sample volume for each run 
shall be at least 60 minutes and 1.50 dscm (53 dscf).
    (3) Direct measurement using product weigh scales, or the result of 
computations using a material balance, shall be used to determine the 
rate (P) of the ammonium sulfate production. If production rate is 
determined by material balance, the following equations shall be used:
    (i) For synthetic and coke oven by-product ammonium sulfate plants:

P=ABCK\1/4\

where:

A=sulfuric aid flow rate to the reactor/crystallizer averaged over the 
time-period taken to conduct the run, liter/min.
B=acid density (a function of acid strength and temperature), g/cc.
C=acid strength, decimal fraction.
K\1/4\=conversion factor, 0.0808 (Mg-min-cc)/(g-hr-liter) [0.0891 (ton-
min-cc)/(g-hr-liter)].

    (ii) For caprolactam by-product ammonium sulfate plants:

P=DEFK''

where:

D=total combined feed stream flow rate to the ammonium crystallizer 
before the point where any recycle streams enter the stream averaged 
over the time-period taken to conduct the test run, liter/min.
E=density of the process stream solution, g/liter.
F=percent mass of ammonium sulfate in the process solution, decimal 
fraction.
K''=conversion factor, 6.0x10-5 (Mg-min)/(g-hr) 
[6.614x10-5 (ton-min)/(g-hr)].

    (4) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine the opacity.

[54 FR 6676, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000]



   Subpart QQ_Standards of Performance for the Graphic Arts Industry: 
                    Publication Rotogravure Printing

    Source: 47 FR 50649, Nov. 8, 1982, unless otherwise noted.



Sec. 60.430  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which the provisions of this subpart apply is each 
publication rotogravure printing press.
    (b) The provisions of this subpart do not apply to proof presses.
    (c) Any facility under paragraph (a) of this section that commences 
construction, modification, or reconstruction after October 28, 1980 is 
subject to the requirements of this subpart.



Sec. 60.431  Definitions and notations.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Act and in subpart A of this part.
    Automatic temperature compensator means a device that continuously 
senses the temperature of fluid flowing through a metering device and 
automatically adjusts the registration of the measured volume to the 
corrected equivalent volume at a base temperature.
    Base temperature means an arbitrary reference temperature for 
determining liquid densities or adjusting the measured volume of a 
liquid quantity.
    Density means the mass of a unit volume of liquid, expressed as 
grams per cubic centimeter, kilograms per liter, or pounds per gallon, 
at a specified temperature.
    Gravure cylinder means a printing cylinder with an intaglio image 
consisting of minute cells or indentations specially engraved or etched 
into the cylinder's surface to hold ink when continuously revolved 
through a fountain of ink.
    Performance averaging period means 30 calendar days, one calendar 
month, or four consecutive weeks as specified in sections of this 
subpart.
    Proof press means any device used only to check the quality of the 
image

[[Page 497]]

formation of newly engraved or etched gravure cylinders and prints only 
non-saleable items.
    Publication rotogravure printing press means any number of 
rotogravure printing units capable of printing simultaneously on the 
same continuous web or substrate and includes any associated device for 
continuously cutting and folding the printed web, where the following 
saleable paper products are printed:

    Catalogues, including mail order and premium,
    Direct mail advertisements, including circulars, letters, pamphlets, 
cards, and printed envelopes,
    Display advertisements, including general posters, outdoor 
advertisements, car cards, window posters; counter and floor displays; 
point-of-purchase, and other printed display material,
    Magazines,
    Miscellaneous advertisements, including brochures, pamphlets, 
catalogue sheets, circular folders, announcements, package inserts, book 
jackets, market circulars, magazine inserts, and shopping news,
    Newspapers, magazine and comic supplements for newspapers, and 
preprinted newspaper inserts, including hi-fi and spectacolor rolls and 
sections,
    Periodicals, and
    Telephone and other directories, including business reference 
services.

    Raw ink means all purchased ink.
    Related coatings means all non-ink purchased liquids and liquid-
solid mixtures containing VOC solvent, usually referred to as extenders 
or varnishes, that are used at publication rotogravure printing presses.
    Rotogravure printing unit means any device designed to print one 
color ink on one side of a continuous web or substrate using a gravure 
cylinder.
    Solvent-borne ink systems means ink and related coating mixtures 
whose volatile portion consists essentially of VOC solvent with not more 
than five weight percent water, as applied to the gravure cylinder.
    Solvent recovery system means an air pollution control system by 
which VOC solvent vapors in air or other gases are captured and directed 
through a condenser(s) or a vessel(s) containing beds of activated 
carbon or other adsorbents. For the condensation method, the solvent is 
recovered directly from the condenser. For the adsorption method, the 
vapors are adsorbed, then desorbed by steam or other media, and finally 
condensed and recovered.
    VOC means volatile organic compound.
    VOC solvent means an organic liquid or liquid mixture consisting of 
VOC components.
    Waterborne ink systems means ink and related coating mixtures whose 
volatile portion consists of a mixture of VOC solvent and more than five 
weight percent water, as applied to the gravure cylinder.
    (b) Symbols used in this subpart are defined as follows:

DB=the density at the base temperature of VOC solvent used or 
recovered during one performance averaging period.
Dci=the density of each color of raw ink and each related 
coating (i) used at the subject facility (or facilities), at the coating 
temperature when the volume of coating used is measured.
Ddi=the density of each VOC solvent (i) added to the ink for 
dilution at the subject facility (or facilities), at the solvent 
temperature when the volume of solvent used is measured.
Dgi=the density of each VOC solvent (i) used as a cleaning 
agent at the subject facility (or facilities), at the solvent 
temperature when the volume of cleaning solvent used is measured.
Dhi=the density of each quantity of water (i) added at the 
subject facility (or facilities) for dilution of waterborne ink systems 
at the water temperature when the volume of dilution water used is 
measured.
Dmi=the density of each quantity of VOC solvent and 
miscellaneous solvent-borne waste inks and waste VOC solvents (i) 
recovered from the subject facility (or facilities), at the solvent 
temperature when the volume of solvent recovered is measured.
Doi=the density of the VOC solvent contained in each raw ink 
and related coating (i) used at the subject facility (or facilities), at 
the coating temperature when the volume of coating used is measured.
Dwi=the density of the water contained in each waterborne raw 
ink and related coating (i) used at the subject facility (or 
facilities), at the coating temperature when the volume of coating used 
is measured.
Lci=the measured liquid volume of each color of raw ink and 
each related coating (i) used at the facility of a corresponding VOC 
content, Voi or Woi, with a VOC density, 
Doi, and a coating density, Dci.
Ldi=the measured liquid volume of each VOC solvent (i) with 
corresponding density, Ddi, added to dilute the ink used at 
the subject facility (or facilities)

[[Page 498]]

Mci=the mass, determined by direct weighing, of each color of 
raw ink and each related coating (i) used at the subject facility (or 
facilities).
Md=the mass, determined by direct weighing, of VOC solvent 
added to dilute the ink used at the subject facility (or facilities) 
during one performance averaging period.
Mg=the mass, determined by direct weighing, of VOC solvent 
used as a cleaning agent at the subject facility (or facilities) during 
one performance averaging period.
Mh=the mass, determined by direct weighing, of water added 
for dilution with waterborne ink systems used at the subject facility 
(or facilities) during one performance averaging period.
Mm=the mass, determined by direct weighing, of VOC solvent 
and miscellaneous solvent-borne waste inks and waste VOC solvents 
recovered from the subject facility (or facilities) during one 
performance averaging period.
Mo=the total mass of VOC solvent contained in the raw inks 
and related coatings used at the subject facility (or facilities) during 
one performance averaging period.
Mr=the total mass of VOC solvent recovered from the subject 
facility (or facilities) during one performance averaging period.
Mt=the total mass of VOC solvent used at the subject facility 
(or facilities) during one performance averaging period.
Mv=the total mass of water used with waterborne ink systems 
at the subject facility (or facilities) during one performance averaging 
period.
Mw=the total mass of water contained in the waterborne raw 
inks and related coatings used at the subject facility (or facilities) 
during one performance averaging period.
P=the average VOC emission percentage for the subject facility (or 
facilities) for one performance averaging period.
Voi=the liquid VOC content, expressed as a volume fraction of 
VOC volume per total volume of coating, of each color of raw ink and 
related coating (i) used at the subject facility (or facilities).
Vwi=the water content, expressed as a volume fraction of 
water volume per total volume of coating, of each color of waterborne 
raw ink and related coating (i) used at the subject facility (or 
facilities).
Woi=the VOC content, expressed as a weight fraction of mass 
of VOC per total mass of coating, of each color of raw ink and related 
coating (i) used at the subject facility (or facilities).
Wwi=the water content, expressed as a weight fraction of mass 
of water per total mass of coating, of each color of waterborne raw ink 
and related coating (i) used at the subject facility (or facilities).

    (c) The following subscripts are used in this subpart with the above 
symbols to denote the applicable facility:

a=affected facility.
b=both affected and existing facilities controlled in common by the same 
air pollution control equipment.
e=existing facility.
f=all affected and existing facilities located within the same plant 
boundary.

[47 FR 50649, Nov. 8, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.432  Standard for volatile organic compounds.

    During the period of the performance test required to be conducted 
by Sec. 60.8 and after the date required for completion of the test, no 
owner or operator subject to the provisions of this subpart shall cause 
to be discharged into the atmosphere from any affected facility VOC 
equal to more than 16 percent of the total mass of VOC solvent and water 
used at that facility during any one performance averaging period. The 
water used includes only that water contained in the waterborne raw inks 
and related coatings and the water added for dilution with waterborne 
ink systems.



Sec. 60.433  Performance test and compliance provisions.

    (a) The owner or operator of any affected facility (or facilities) 
shall conduct performance tests in accordance with Sec. 60.8, under the 
following conditions:
    (1) The performance averaging period for each test is 30 consecutive 
calendar days and not an average of three separate runs as prescribed 
under Sec. 60.8(f).
    (2) Except as provided under paragraphs (f) and (g) of this section, 
if affected facilities routinely share the same raw ink storage/handling 
system with existing facilities, then temporary measurement procedures 
for segregating the raw inks, related coatings, VOC solvent, and water 
used at the affected facilities must be employed during the test. For 
this case, an overall emission percentage for the combined facilities as 
well as for only the affected facilities must be calculated during the 
test.
    (3) For the purpose of measuring bulk storage tank quantities of 
each color of

[[Page 499]]

raw ink and each related coating used, the owner or operator of any 
affected facility shall install, calibrate, maintain, and continuously 
operate during the test one or more:
    (i) Non-resettable totalizer metering device(s) for indicating the 
cumulative liquid volumes used at each affected facility; or
    (ii) Segregated storage tanks for each affected facility to allow 
determination of the liquid quantities used by measuring devices other 
than the press meters required under item (i) of this article; or
    (iii) Storage tanks to serve more than one facility with the liquid 
quantities used determined by measuring devices other than press meters, 
if facilities are combined as decribed under paragraph (d), (f), or (g) 
of this section.
    (4) The owner or operator may choose to install an automatic 
temperature compensator with any liquid metering device used to measure 
the raw inks, related coatings, water, or VOC solvent used, or VOC 
solvent recovered.
    (5) Records of the measured amounts used at the affected facility 
and the liquid temperature at which the amounts were measured are 
maintained for each shipment of all purchased material on at least a 
weekly basis for:
    (i) The raw inks and related coatings used;
    (ii) The VOC and water content of each raw ink and related coating 
used as determined according to Sec. 60.435;
    (iii) The VOC solvent and water added to the inks used;
    (iv) The VOC solvent used as a cleaning agent; and
    (v) The VOC solvent recovered.
    (6) The density variations with temperature of the raw inks, related 
coatings, VOC solvents used, and VOC solvent recovered are determined by 
the methods stipulated in Sec. 60.435(d).
    (7) The calculated emission percentage may be reported as rounded-
off to the nearest whole number.
    (8) Printing press startups and shutdowns are not included in the 
exemption provisions under Sec. 60.8(c). Frequent periods of press 
startups and shutdowns are normal operations and constitute 
representative conditions for the purpose of a performance test.
    (b) If an affected facility uses waterborne ink systems or a 
combination of waterborne and solvent-borne ink systems with a solvent 
recovery system, compliance is determined by the following procedures, 
except as provided in paragraphs (d), (e), (f), and (g) of this section:
    (1) The mass of VOC in the solvent-borne and waterborne raw inks and 
related coatings used is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.015

where:

k is the total number of raw inks and related coatings measured as used 
in direct mass quantities with different amounts of VOC content.
m is the total number of raw inks and related coatings measured as used 
by volume with different amounts of VOC content or different densities.
n is the total number of raw inks and related coatings measured as used 
by volume with different amounts of VOC content or different VOC solvent 
densities.

    (2) The total mass of VOC used is determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.016

where ``m'' and ``n'' are the respective total numbers of VOC dilution 
and cleaning solvents measured as used by volume with different 
densities.

    (3) The mass of water in the waterborne raw inks and related 
coatings used is determined by the following equation:

[[Page 500]]

[GRAPHIC] [TIFF OMITTED] TC01JN92.017

where:

k is the total number of raw inks and related coatings measured as used 
in direct mass quantities with different amounts of water content.
m is the total number of raw inks and related coatings measured as used 
by volume with different amounts of water content or different 
densities.
n is the total number of raw inks and related coatings measured as used 
by volume with different amounts of water content or different water 
densities.

    (4) The total mass of water used is determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.018

where ``m'' is the total number of water dilution additions measured as 
used by volume with different densities.

    (5) The total mass of VOC solvent recovered is determined by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.019

where ``k'' if the total number of VOC solvents, miscellaneous solvent-
borne waste inks, and waste VOC solvents measured as recovered by volume 
with different densities.

    (6) The average VOC emission percentage for the affected facility is 
determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.020

    (c) If an affected facility controlled by a solvent recovery system 
uses only solvent-borne ink systems, the owner or operator may choose to 
determine compliance on a direct mass or a density-corrected liquid 
volume basis. Except as provided in paragraphs (d), (e), (f), and (g) of 
this section, compliance is determined as follows:
    (1) On a direct mass basis, compliance is determined according to 
paragraph (b) of this section, except that the water term, 
Mv, does not apply.
    (2) On a density-corrected liquid volume basis, compliance is 
determined by the following procedures:
    (i) A base temperature corresponding to that for the largest 
individual amount of VOC solvent used or recovered from the affected 
facility, or other reference temperature, is chosen by the owner or 
operator.
    (ii) The corrected liquid volume of VOC in the raw inks and related 
coatings used is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.021

where:

k is the total number of raw inks and related coatings measured as used 
in direct mass quantities with different amounts of VOC content.
m is the total number of raw inks and related coatings measured as used 
by volume with different amounts of VOC content or different densities.
n is the total number of raw inks and related coatings measured as used 
by volume with different amounts of VOC content or different VOC solvent 
densities.

    (iii) The total corrected liquid volume of VOC used is determined by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.022

where ``m'' and ``n'' are the respective total numbers of VOC dilution 
and cleaning solvents measured as used by volume with different 
densities.


[[Page 501]]


    (iv) The total corrected liquid volume of VOC solvent recovered is 
determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.023

where ``k'' is the total number of VOC solvents, miscellaneous solvent-
borne waste inks, and waste VOC solvents measured as recovered by volume 
with different densities.

    (v) The average VOC emission percentage for the affected facility is 
determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.024

    (d) If two or more affected facilities are controlled by the same 
solvent recovery system, compliance is determined by the procedures 
specified in paragraph (b) or (c) of this section, whichever applies, 
except that (Lt)a and (Lr)a, 
(Mt)a, (Mr)a, and 
(Mv)a, are the collective amounts of VOC solvent 
and water corresponding to all the affected facilities controlled by 
that solvent recovery system. The average VOC emission percentage for 
each of the affected facilities controlled by that same solvent recovery 
system is assumed to be equal.
    (e) Except as provided under paragraph (f) of this section, if an 
existing facility (or facilities) and an affected facility (or 
facilities) are controlled in common by the same solvent recovery 
system, the owner or operator shall determine compliance by conducting a 
separate emission test on the existing facility (or facilities) and then 
conducting a performance test on the combined facilities as follows:
    (1) Before the initial startup of the affected facility (or 
facilities) and at any other time as requested by the Administrator, the 
owner or operator shall conduct emission test(s) on the existing 
facility (or facilities) controlled by the subject solvent recovery 
system. The solvent recovery system must handle VOC emissions from only 
the subject existing facility (or facilities), not from affected 
facilities, during the emission test.
    (2) During the emission test, the affected facilities are subject to 
the standard stated in Sec. 60.432.
    (3) The emission test is conducted over a 30 consecutive calendar 
day averaging period according to the conditions stipulated in 
paragraphs (a)(1) through (a)(5) of this section, except that the 
conditions pertain to only existing facilities instead of affected 
facilities.
    (4) The owner or operator of the existing facility (or facilities) 
shall provide the Administrator at least 30 days prior notice of the 
emission test to afford the Administrator the opportunity to have an 
observer present.
    (5) The emission percentage for the existing facility (or 
facilities) during the emission test is determined by one of the 
following procedures:
    (i) If the existing facility (or facilities) uses a combination of 
waterborne and solvent-borne ink systems, the average VOC emission 
percentage must be determined on a direct mass basis according to 
paragraph (b) or (d) of this section, whichever applies, with the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.025

where the water and VOC solvent amounts pertain to only existing 
facilities.

    (ii) If the existing facility (or facilities) uses only solvent-
borne ink systems, the owner or operator may choose to determine the 
emission percentage either on a direct mass basis or a density-corrected 
liquid volume basis according to paragraph (c) or (d) of this section, 
whichever applies. On a direct mass basis, the average VOC emission 
percentage is determined by the equation presented in article (i) of 
this paragraph. On a density-corrected liquid volume basis, the average 
VOC emission percentage is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.026

where the VOC solvent amounts pertain to only existing facilities.

    (6) The owner or operator of the existing facility (or facilities) 
shall furnish the Administrator a written report of the results of the 
emission test.

[[Page 502]]

    (7) After completion of the separate emission test on the existing 
facility (or facilities), the owner or operator shall conduct 
performance test(s) on the combined facilities with the solvent recovery 
system handling VOC emissions from both the existing and affected 
facilities.
    (8) During performance test(s), the emission percentage for the 
existing facility (or facilities), Pe, is assumed to be equal 
to that determined in the latest emission test. The administrator may 
request additional emission tests if any physical or operational changes 
occur to any of the subject existing facilities.
    (9) The emission percentage for the affected facility (or 
facilities) during performance test(s) with both existing and affected 
facilities connected to the solvent recovery system is determined by one 
of the following procedures:
    (i) If any of the combined facilities uses both waterborne and 
solvent-borne ink systems, the average VOC emission percentage must be 
determined on a direct mass basis according to paragraph (b) or (d) of 
this section, whichever applies, with the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.027

where (Mt)b and (Mr)b are 
the collective VOC solvent amounts pertaining to all the combined 
facilities.

    (ii) If all of the combined facilities use only solvent-borne ink 
systems, the owner or operator may choose to determine performance of 
the affected facility (or facilities) either on a direct mass basis or a 
density-corrected liquid volume basis according to paragraph (c) or (d) 
of this section, whichever applies. On a direct mass basis, the average 
VOC emission percentage is determined by the equation presented in 
article (i) of this paragraph. On a density-corrected liquid volume 
basis, the average VOC emission percentage is determined by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.028

where (Lt)b and (Lr)b are 
the collective VOC solvent amounts pertaining to all the combined 
facilities.

    (f) The owner or operator may choose to show compliance of the 
combined performance of existing and affected facilities controlled in 
common by the same solvent recovery system. A separate emission test for 
existing facilities is not required for this option. The combined 
performance is determined by one of the following procedures:
    (1) If any of the combined facilities uses both waterborne and 
solvent-borne ink systems, the combined average VOC emission percentage 
must be determined on a direct mass basis according to paragraph (b) or 
(d) of this section, whichever applies, with the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.308

    (2) If all of the combined facilities use only solvent-borne ink 
systems, the owner or operator may choose to determine performance 
either on a direct mass basis or a density-corrected liquid volume basis 
according to paragraph (c) or (d) of this section, whichever applies. On 
a direct mass basis, the average VOC emission percentage is determined 
by the equation presented in article (i) of this paragraph. On a 
density-corrected liquid volume basis, the average VOC emission 
percentage is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.029

    (g) If all existing and affected facilities located within the same 
plant boundary use waterborne ink systems or solvent-borne ink systems 
with solvent recovery systems, the owner or operator may choose to show 
compliance on a plantwide basis for all the existing and affected 
facilities together. No separate emission tests on existing facilities 
and no temporary segregated liquid measurement procedures for affected 
facilities are required for this option. The plantwide performance is 
determined by one of the following procedures:

[[Page 503]]

    (1) If any of the facilities use waterborne ink systems, the total 
plant average VOC emission percentage must be determined on a direct 
mass basis according to paragraph (b) of this section with the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.030

Where (Mt)f and (Mv)f are 
the collective VOC solvent and water amounts used at all the subject 
plant facilities during the performance test.

    (2) If all of the plant facilities use only solvent-borne ink 
systems, the owner or operator may choose to determine performance 
either on a direct mass basis or a density-corrected liquid volume basis 
according to paragraph (c) of this section. On a direct mass basis, the 
total plant average VOC emission percentage is determined by the 
equation presented in article (i) of this paragraph. On a density-
corrected liquid volume basis, the total plant average VOC emission 
percentage is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.031

Where (Lt)f is the collective VOC solvent amount 
used at all the subject plant facilities during the performance test.

[47 FR 50649, Nov. 8, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.434  Monitoring of operations and recordkeeping.

    (a) After completion of the performance test required under Sec. 
60.8, the owner or operator of any affected facility using waterborne 
ink systems or solvent-borne ink systems with solvent recovery systems 
shall record the amount of solvent and water used, solvent recovered, 
and estimated emission percentage for each performance averaging period 
and shall maintain these records for 2 years. The emission percentage is 
estimated as follows:
    (1) The performance averaging period for monitoring of proper 
operation and maintenance is a calendar month or 4 consecutive weeks, at 
the option of the owner or operator.
    (2) If affected facilities share the same raw ink storage/handling 
system with existing facilities, solvent and water used, solvent 
recovered, and emission percentages for the combined facilities may be 
documented. Separate emission percentages for only the affected 
facilities are not required in this case. The combined emission 
percentage is compared to the overall average for the existing and 
affected facilities' emission percentage determined during the most 
recent performance test.
    (3) Except as provided in article (4) of this paragraph, 
temperatures and liquid densities determined during the most recent 
performance test are used to calculate corrected volumes and mass 
quantities.
    (4) The owner or operator may choose to measure temperatures for 
determination of actual liquid densities during each performance 
averaging period. A different base temperature may be used for each 
performance averaging period if desired by the owner or operator.
    (5) The emission percentage is calculated according to the 
procedures under Sec. 60.433 (b) through (g), whichever applies, or by 
a comparable calculation which compares the total solvent recovered to 
the total solvent used at the affected facility.



Sec. 60.435  Test methods and procedures.

    (a) The owner or operator of any affected facility using solvent-
borne ink systems shall determine the VOC content of the raw inks and 
related coatings used at the affected facility by:
    (1) Analysis using Method 24A of routine weekly samples of raw ink 
and related coatings in each respective storage tank; or
    (2) Analysis using Method 24A of samples of each shipment of all 
purchased raw inks and related coatings; or
    (3) Determination of the VOC content from the formulation data 
supplied by the ink manufacturer with each shipment of raw inks and 
related coatings used.
    (b) The owner or operator of any affected facility using solvent-
borne ink systems shall use the results of verification analyses by 
Method 24A to determine compliance when discrepancies with ink 
manufacturers' formulation data occur.

[[Page 504]]

    (c) The owner or operator of any affected facility using waterborne 
ink systems shall determine the VOC and water content of raw inks and 
related coatings used at the affected facility by:
    (1) Determination of the VOC and water content from the formulation 
data supplied by the ink manufacturer with each shipment of purchased 
raw inks and related coatings used; or
    (2) Analysis of samples of each shipment of purchased raw inks and 
related coatings using a test method approved by the Administrator in 
accordance with Sec. 60.8(b).
    (d) The owner or operator of any affected facility shall determine 
the density of raw inks, related coatings, and VOC solvents by:
    (1) Making a total of three determinations for each liquid sample at 
specified temperatures using the procedure outlined in ASTM D1475-60, 
80, or 90, which is incorporated by reference. It is available from the 
American Society of Testing and Materials, 1916 Race Street, 
Philadelphia, Pennsylvania 19103. It is also available for inspection at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. This incorporation by reference was 
approved by the Director of the Federal Register on November 8, 1982. 
This material is incorporated as it exists on the date of approval and a 
notice of any change in these materials will be published in the Federal 
Register. The temperature and density is recorded as the arithmetic 
average of the three determinations; or
    (2) Using literature values, at specified temperatures, acceptable 
to the Administrator.
    (e) If compliance is determined according to Sec. 60.433 (e), (f), 
or (g), the existing as well as affected facilities are subject to the 
requirements of paragraphs (a) through (d) of this section.

[47 FR 50649, Nov. 8, 1982, as amended at 65 FR 61761, Oct. 17, 2000; 69 
FR 18803, Apr. 9, 2004]



  Subpart RR_Standards of Performance for Pressure Sensitive Tape and 
                    Label Surface Coating Operations

    Source: 48 FR 48375, Oct. 18, 1983, unless otherwise noted.



Sec. 60.440  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each coating line used in the manufacture of pressure sensitive 
tape and label materials.
    (b) Any affected facility which inputs to the coating process 45 Mg 
(50 tons) of VOC or less per 12 month period is not subject to the 
emission limits of Sec. 60.442(a), however, the affected facility is 
subject to the requirements of all other applicable sections of this 
subpart. If the amount of VOC input exceeds 45 Mg (50 tons) per 12 month 
period, the coating line will become subject to Sec. 60.442(a) and all 
other sections of this subpart.
    (c) This subpart applies to any affected facility which begins 
construction, modification, or reconstruction after December 30, 1980.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.441  Definitions and symbols.

    (a) Except as otherwise required by the context, terms used in this 
subpart are defined in the Act, in subpart A of this part, or in this 
section as follows:
    Coating applicator means an apparatus used to apply a surface 
coating to a continuous web.
    Coating line means any number or combination of adhesive, release, 
or precoat coating applicators, flashoff areas, and ovens which coat a 
continuous web, located between a web unwind station and a web rewind 
station, to produce pressure sensitive tape and label materials.
    Coating solids applied means the solids content of the coated 
adhesive, release, or precoat as measured by Method 24.
    Flashoff area means the portion of a coating line after the coating 
applicator and usually before the oven entrance.

[[Page 505]]

    Fugitive volatile organic compounds means any volatile organic 
compounds which are emitted from the coating applicator and flashoff 
areas and are not emitted in the oven.
    Hood or enclosure means any device used to capture fugitive volatile 
organic compounds.
    Oven means a chamber which uses heat or irradiation to bake, cure, 
polymerize, or dry a surface coating.
    Precoat means a coating operation in which a coating other than an 
adhesive or release is applied to a surface during the production of a 
pressure sensitive tape or label product.
    Solvent applied in the coating means all organic solvent contained 
in the adhesive, release, and precoat formulations that is metered into 
the coating applicator from the formulation area.
    Total enclosure means a structure or building around the coating 
applicator and flashoff area or the entire coating line for the purpose 
of confining and totally capturing fugitive VOC emissions.
    VOC means volatile organic compound.
    (b) All symbols used in this subpart not defined below are given 
meaning in the Act or in subpart A of this part.

a=the gas stream vents exiting the emission control device.
b=the gas stream vents entering the emission control device.
Caj=the concentration of VOC (carbon equivalent) in each gas 
stream (j) exiting the emission control device, in parts per million by 
volume.
Cbi=the concentration of VOC (carbon equivalent) in each gas 
stream (i) entering the emission control device, in parts per million by 
volume.
Cfk=the concentration of VOC (carbon equivalent) in each gas 
stream (k) emitted directly to the atmosphere, in parts per million by 
volume.
G=the calculated weighted average mass (kg) of VOC per mass (kg) of 
coating solids applied each calendar month.
Mci=the total mass (kg) of each coating (i) applied during 
the calendar month as determined from facility records.
Mr=the total mass (kg) of solvent recovered for a calendar 
month.
Qaj=the volumetric flow rate of each effluent gas stream (j) 
exiting the emission control device, in dry standard cubic meters per 
hour.
Qbi=the volumetric flow rate of each effluent gas stream (i) 
entering the emission control device, in dry standard cubic meters per 
hour.
Qfk=the volumetric flow rate of each effluent gas stream (k) 
emitted to the atmosphere, in dry standard cubic meters per hour.
R=the overall VOC emission reduction achieved for a calendar month (in 
percent).
Rq=the required overall VOC emission reduction (in percent).
Woi=the weight fraction of organics applied of each coating 
(i) applied during a calendar month as determined from Method 24 or 
coating manufacturer's formulation data.
Wsi=the weight fraction of solids applied of each coating (i) 
applied during a calendar month as determined from Method 24 or coating 
manufacturer's formulation data.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.442  Standard for volatile organic compounds.

    (a) On and after the date on which the performance test required by 
Sec. 60.8 has been completed each owner or operator subject to this 
subpart shall:
    (1) Cause the discharge into the atmosphere from an affected 
facility not more than 0.20 kg VOC/kg of coating solids applied as 
calculated on a weighted average basis for one calendar month; or
    (2) Demonstrate for each affected facility;
    (i) A 90 percent overall VOC emission reduction as calculated over a 
calendar month; or
    (ii) The percent overall VOC emission reduction specified in Sec. 
60.443(b) as calculated over a calendar month.



Sec. 60.443  Compliance provisions.

    (a) To determine compliance with Sec. 60.442 the owner or operator 
of the affected facility shall calculate a weighted average of the mass 
of solvent used per mass of coating solids applied for a one calendar 
month period according to the following procedures:
    (1) Determine the weight fraction of organics and the weight 
fraction of solids of each coating applied by using Reference Method 24 
or by the coating manufacturer's formulation data.
    (2) Compute the weighted average by the following equation:

[[Page 506]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.032

    (3) For each affected facility where the value of G is less than or 
equal to 0.20 kg VOC per kg of coating solids applied, the affected 
facility is in compliance with Sec. 60.442(a)(1).
    (b) To determine compliance with Sec. 60.442(a)(2), the owner or 
operator shall calculate the required overall VOC emission reduction 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.033


If Rq is less than or equal to 90 percent, then the required 
overall VOC emission reduction is Rq. If Rq is 
greater than 90 percent, then the required overall VOC emission 
reduction is 90 percent.
    (c) Where compliance with the emission limits specified in Sec. 
60.442(a)(2) is achieved through the use of a solvent recovery system, 
the owner or operator shall determine the overall VOC emission reduction 
for a one calendar month period by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.034


If the R value is equal to or greater than the Rq value 
specified in paragraph (b) of this section, then compliance with Sec. 
60.442(a)(2) is demonstrated.
    (d) Where compliance with the emission limit specified in Sec. 
60.442(a)(2) is achieved through the use of a solvent destruction 
device, the owner or operator shall determine calendar monthly 
compliance by comparing the monthly required overall VOC emission 
reduction specified in paragraph (b) of this section to the overall VOC 
emission reduction demonstrated in the most recent performance test 
which complied with Sec. 60.442(a)(2). If the monthly required overall 
VOC emission reduction is less than or equal to the overall VOC 
reduction of the most recent performance test, the affected facility is 
in compliance with Sec. 60.442(a)(2).
    (e) Where compliance with Sec. 60.442(a)(2) is achieved through the 
use of a solvent destruction device, the owner or operator shall 
continuously record the destruction device combustion temperature during 
coating operations for thermal incineration destruction devices or the 
gas temperature upstream and downstream of the incinerator catalyst bed 
during coating operations for catalytic incineration destruction 
devices. For thermal incineration destruction devices the owner or 
operator shall record all 3-hour periods (during actual coating 
operations) during which the average temperature of the device is more 
than 28 [deg]C (50 [deg]F) below the average temperature of the device 
during the most recent performance test complying with Sec. 
60.442(a)(2). For catalytic incineration destruction devices, the owner 
or operator shall record all 3-hour periods (during actual coating 
operations) during which the average temperature of the device 
immediately before the catalyst bed is more than 28 [deg]C (50 [deg]F) 
below the average temperature of the device during the most recent 
performance test complying with Sec. 60.442(a)(2), and all 3-hour 
periods (during actual coating operations) during which the average 
temperature difference across the catalyst bed is less than 80 percent 
of the average temperature difference of the device during the most 
recent performance test complying with Sec. 60.442(a)(2).
    (f) After the initial performance test required for all affected 
facilities under Sec. 60.8, compliance with the VOC emission limitation 
and percentage reduction requirements under Sec. 60.442 is based on the 
average emission reduction for one calendar month. A separate compliance 
test is completed at the end of each calendar month after the initial 
performance test, and a new calendar month's average VOC emission 
reduction is calculated to show compliance with the standard.
    (g) If a common emission control device is used to recover or 
destroy solvent from more than one affected facility, the performance of 
that control device is assumed to be equal for each of the affected 
facilities. Compliance with

[[Page 507]]

Sec. 60.442(a)(2) is determined by the methods specified in paragraphs 
(c) and (d) of this section and is performed simultaneously on all 
affected facilities.
    (h) If a common emission control device is used to recover solvent 
from an existing facility (or facilities) as well as from an affected 
facility (or facilities), the overall VOC emission reduction for the 
affected facility (or facilities), for the purpose of compliance, shall 
be determined by the following procedures:
    (1) The owner or operator of the existing facility (or facilities) 
shall determine the mass of solvent recovered for a calendar month 
period from the existing facility (or facilities) prior to the 
connection of the affected facility (or facilities) to the emission 
control device.
    (2) The affected facility (or facilities) shall then be connected to 
the emission control device.
    (3) The owner or operator shall determine the total mass of solvent 
recovered from both the existing and affected facilities over a calendar 
month period. The mass of solvent determined in paragraph (h)(1) of this 
section from the existing facility shall be subtracted from the total 
mass of recovered solvent to obtain the mass of solvent recovered from 
the affected facility (or facilities). The overall VOC emission 
reduction of the affected facility (or facilities) can then be 
determined as specified in paragraph (c) of this section.
    (i) If a common emission control device(s) is used to destruct 
solvent from an existing facility (or facilities) as well as from an 
affected facility (or facilities), the overall VOC emission reduction 
for the affected facility (or facilities), for the purpose of 
compliance, shall be determined by the following procedures:
    (1) The owner or operator shall operate the emission control device 
with both the existing and affected facilities connected.
    (2) The concentration of VOC (in parts per million by volume) after 
the common emission control device shall be determined as specified in 
Sec. 60.444(c). This concentration is used in the calculation of 
compliance for both the existing and affected facilities.
    (3) The volumetric flow out of the common control device 
attributable to the affected facility (or facilities) shall be 
calculated by first determining the ratio of the volumetric flow 
entering the common control device attributable to the affected facility 
(facilities) to the total volumetric flow entering the common control 
device from both existing and affected facilities. The multiplication of 
this ratio by the total volumetric flow out of the common control device 
yields the flow attributable to the affected facility (facilities). 
Compliance is determined by the use of the equation specified in Sec. 
60.444(c).
    (j) Startups and shutdowns are normal operation for this source 
category. Emissions from these operations are to be included when 
determining if the standard specified at Sec. 60.442(a)(2) is being 
attained.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.444  Performance test procedures.

    (a) The performance test for affected facilities complying with 
Sec. 60.442 without the use of add-on controls shall be identical to 
the procedures specified in Sec. 60.443(a).
    (b) The performance test for affected facilities controlled by a 
solvent recovery device shall be conducted as follows:
    (1) The performance test shall be a one calendar month test and not 
the average of three runs as specified in Sec. 60.8(f).
    (2) The weighted average mass of VOC per mass of coating solids 
applied for a one calendar month period shall be determined as specified 
in Sec. 60.443(a) (1) and (2).
    (3) Calculate the required percent overall VOC emission reduction as 
specified in Sec. 60.443(b).
    (4) Inventory VOC usage and VOC recovery for a one calendar month 
period.
    (5) Determine the percent overall VOC emission reduction as 
specified in Sec. 60.443(c).
    (c) The performance test for affected facilities controlled by a 
solvent destruction device shall be conducted as follows:

[[Page 508]]

    (1) The performance of the solvent destruction device shall be 
determined by averaging the results of three test runs as specified in 
Sec. 60.8(f).
    (2) Determine for each affected facility prior to each test run the 
weighted average mass of VOC per mass of coating solids applied being 
used at the facility. The weighted average shall be determined as 
specified in Sec. 60.443(a). In this application the quantities of 
Woi, Wsi, and Mci shall be determined 
for the time period of each test run and not a calendar month as 
specified in Sec. 60.441.
    (3) Calculate the required percent overall VOC emission reduction as 
specified in Sec. 60.443(b).
    (4) Determine the percent overall VOC emission reduction of the 
solvent destruction device by the following equation and procedures:
[GRAPHIC] [TIFF OMITTED] TC01JN92.032

    (i) The owner or operator of the affected facility shall construct 
the overall VOC emission reduction system so that all volumetric flow 
rates and total VOC emissions can be accurately determined by the 
applicable test methods and procedures specified in Sec. 60.446(b).
    (ii) The owner or operator of an affected facility shall construct a 
temporary total enclosure around the coating line applicator and 
flashoff area during the performance test for the purpose of capturing 
fugitive VOC emissions. If a permanent total enclosure exists in the 
affected facility prior to the performance test and the Administrator is 
satisfied that the enclosure is totally capturing fugitive VOC 
emissions, then no additional total enclosure will be required for the 
performance test.
    (iii) For each affected facility where the value of R is greater 
than or equal to the value of Rq calculated in Sec. 
60.443(b), compliance with Sec. 60.442(a)(2) is demonstrated.



Sec. 60.445  Monitoring of operations and recordkeeping.

    (a) The owner or operator of an affected facility subject to this 
subpart shall maintain a calendar month record of all coatings used and 
the results of the reference test method specified in Sec. 60.446(a) or 
the manufacturer's formulation data used for determining the VOC content 
of those coatings.
    (b) The owner or operator of an affected facility controlled by a 
solvent recovery device shall maintain a calendar month record of the 
amount of solvent applied in the coating at each affected facility.
    (c) The owner or operator of an affected facility controlled by a 
solvent recovery device shall install, calibrate, maintain, and operate 
a monitoring device for indicating the cumulative amount of solvent 
recovered by the device over a calendar month period. The monitoring 
device shall be accurate within 2.0 percent. The 
owner or operator shall maintain a calendar month record of the amount 
of solvent recovered by the device.
    (d) The owner or operator of an affected facility operating at the 
conditions specified in Sec. 60.440(b) shall maintain a 12 month record 
of the amount of solvent applied in the coating at the facility.
    (e) The owner or operator of an affected facility controlled by a 
thermal incineration solvent destruction device shall install, 
calibrate, maintain, and operate a monitoring device which continuously 
indicates and records the temperature of the solvent destruction 
device's exhaust gases. The monitoring device shall have an accuracy of 
the greater of 0.75 percent of the temperature 
being measured expressed in degrees Celsius or 2.5 
[deg]C.
    (f) The owner or operator of an affected facility controlled by a 
catalytic incineration solvent destruction device shall install, 
calibrate, maintain, and operate a monitoring device which continuously 
indicates and records the gas temperature both upstream and downstream 
of the catalyst bed.
    (g) The owner or operator of an affected facility controlled by a 
solvent destruction device which uses a hood or enclosure to capture 
fugitive VOC emissions shall install, calibrate, maintain, and operate a 
monitoring device which continuously indicates that the hood or 
enclosure is operating. No continuous monitor shall be required if the 
owner or operator can demonstrate

[[Page 509]]

that the hood or enclosure system is interlocked with the affected 
facility's oven recirculation air system.
    (h) Records of the measurements required in Sec. Sec. 60.443 and 
60.445 must be retained for at least two years following the date of the 
measurements.



Sec. 60.446  Test methods and procedures.

    (a) The VOC content per unit of coating solids applied and 
compliance with Sec. 60.422(a)(1) shall be determined by either Method 
24 and the equations specified in Sec. 60.443 or by manufacturers' 
formulation data. In the event of any inconsistency between a Method 24 
test and manufacturers' formulation data, the Method 24 test will 
govern. The Administrator may require an owner or operator to perform 
Method 24 tests during such months as he deems appropriate. For Method 
24, the coating sample must be a one liter sample taken into a one liter 
container at a point where the sample will be representative of the 
coating applied to the web substrate.
    (b) Method 25 shall be used to determine the VOC concentration, in 
parts per million by volume, of each effluent gas stream entering and 
exiting the solvent destruction device or its equivalent, and each 
effluent gas stream emitted directly to the atmosphere. Methods 1, 2, 3, 
and 4 shall be used to determine the sampling location, volumetric 
flowrate, molecular weight, and moisture of all sampled gas streams. For 
Method 25, the sampling time for each of three runs must be at least 1 
hour. The minimum sampling volume must be 0.003 dscm except that shorter 
sampling times or smaller volumes, when necessitated by process 
variables or other factors, may be approved by the Administrator.
    (c) If the owner or operator can demonstrate to the Administrator's 
satisfaction that testing of representative stacks yields results 
comparable to those that would be obtained by testing all stacks, the 
Administrator will approve testing of representative stacks on a case-
by-case basis.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.447  Reporting requirements.

    (a) For all affected facilities subject to compliance with Sec. 
60.442, the performance test data and results from the performance test 
shall be submitted to the Administrator as specified in Sec. 60.8(a) of 
the General Provisions (40 CFR part 60, subpart A).
    (b) Following the initial performance test, the owner or operator of 
each affected facility shall submit quarterly reports to the 
Administrator of exceedances of the VOC emission limits specified in 
Sec. 60.442. If no such exceedances occur during a particular quarter, 
a report stating this shall be submitted to the Administrator 
semiannually.
    (c) The owner or operator of each affected facility shall also 
submit reports at the frequency specified in Sec. 60.7(c) when the 
incinerator temperature drops as defined under Sec. 60.443(e). If no 
such periods occur, the owner or operator shall state this in the 
report.
    (d) The requirements of this subsection remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such States. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with this subsection, provided that they comply with the 
requirements established by the State.

[48 FR 48375, Oct. 18, 1983, as amended at 55 FR 51383, Dec. 13, 1990]



  Subpart SS_Standards of Performance for Industrial Surface Coating: 
                            Large Appliances

    Source: 47 FR 47785, Oct. 27, 1982, unless otherwise noted.



Sec. 60.450  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each surface coating 
operation in a large appliance surface coating line.
    (b) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section

[[Page 510]]

that commences construction, modification, or reconstruction after 
December 24, 1980.



Sec. 60.451  Definitions.

    (a) All terms used in this subpart not defined below are given the 
meaning in the Act or in subpart A of this part.
    Applied coating solids means the coating solids that adhere to the 
surface of the large appliance part being coated.
    Coating application station means that portion of the large 
appliance surface coating operation where a prime coat or a top coat is 
applied to large appliance parts or products (e.g., dip tank, spray 
booth, or flow coating unit).
    Curing oven means a device that uses heat to dry or cure the 
coating(s) applied to large appliance parts or products.
    Electrodeposition (EDP) means a method of coating application in 
which the large appliance part or product is submerged in a tank filled 
with coating material suspended in water and an electrical potential is 
used to enhance deposition of the material on the part or product.
    Flashoff area means the portion of a surface coating line between 
the coating application station and the curing oven.
    Large appliance part means any organic surface-coated metal lid, 
door, casing, panel, or other interior or exterior metal part or 
accessory that is assembled to form a large appliance product. Parts 
subject to in-use temperatures in excess of 250 [deg]F are not included 
in this definition.
    Large appliance product means any organic surface-coated metal 
range, oven, microwave oven, refrigerator, freezer, washer, dryer, 
dishwasher, water heater, or trash compactor manufactured for household, 
commercial, or recreational use.
    Large appliance surface coating line means that portion of a large 
appliance assembly plant engaged in the application and curing of 
organic surface coatings on large appliance parts or products.
    Organic coating means any coating used in a surface coating 
operation, including dilution solvents, from which VOC emissions occur 
during the application or the curing process. For the purpose of this 
regulation, powder coatings are not included in this definition.
    Powder coating means any surface coating that is applied as a dry 
powder and is fused into a continuous coating film through the use of 
heat.
    Spray booth means the structure housing automatic or manual spray 
application equipment where a coating is applied to large appliance 
parts or products.
    Surface coating operation means the system on a large appliance 
surface coating line used to apply and dry or cure an organic coating on 
the surface of large appliance parts or products. The surface coating 
operation may be a prime coat or a topcoat operation and includes the 
coating application station(s), flashoff area, and curing oven.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of a large appliance part or product to the 
total amount of coating solids used.
    VOC content means the proportion of a coating that is volatile 
organic compounds (VOC's), expressed as kilograms of VOC's per liter of 
coating solids.
    VOC emissions means the mass of volatile organic compounds (VOC's), 
expressed as kilograms of VOC's per liter of applied coating solids, 
emitted from a surface coating operation.
    (b) All symbols used in this subpart not defined below are given the 
meaning in the Act or subpart A of this part.

Ca=the concentration of VOC's in a gas stream leaving a 
control device and entering the atmosphere (parts per million by volume, 
as carbon).
Cbthe concentration of VOC's in a gas stream entering a 
control device (parts per million by volume, as carbon).
Cfthe concentration of VOC's in a gas stream emitted directly 
to the atmosphere (parts per million by volume, as carbon).
Dcdensity of coating (or input stream), as received 
(kilograms per liter).
Dddensity of a VOC-solvent added to coatings (kilograms per 
liter).
Drdensity of a VOC-solvent recovered by an emission control 
device (kilograms per liter).
Ethe VOC destruction efficiency of a control device (fraction).
Fthe proportion of total VOC's emitted by an affected facility that 
enters a control device (fraction).

[[Page 511]]

Gthe volume-weighted average mass of VOC's in coatings consumed in a 
calendar month per unit volume of applied coating solids (kilograms per 
liter).
Lcthe volume of coating consumed, as received (liters).
Ldthe volume of VOC-solvent added to coatings (liters).
Lrthe volume of VOC-solvent recovered by an emission control 
device (liters).
Lsthe volume of coating solids consumed (liters).
Mdthe mass of VOC-solvent added to coatings (kilograms).
Mothe mass of VOC's in coatings consumed, as received 
(kilograms).
Mrthe mass of VOC's recovered by an emission control device 
(kilograms).
Nthe volume-weighted average mass of VOC's emitted to the atmosphere per 
unit volume of applied coating solids (kilograms per liter).
Qathe volumetric flow rate of a gas stream leaving a control 
device and entering the atmosphere (dry standard cubic meters per hour).
Qbthe volumetric flow rate of a gas stream entering a control 
device (dry standard cubic meters per hour).
Qfthe volumetric flow rate of a gas stream emitted directly 
to the atmosphere (dry standard cubic meters per hour).
Rthe overall VOC emission reduction achieved for an affected facility 
(fraction).
Tthe transfer efficiency (fraction).
Vsthe proportion of solids in a coating (or input stream), as 
received (fraction by volume).
Wothe proportion of VOC's in a coating (or input stream), as 
received (fraction by weight).



Sec. 60.452  Standard for volatile organic compounds.

    On or after the date on which the performance test required by Sec. 
60.8 is completed, no owner or operator of an affected facility subject 
to the provisions of this supbart shall discharge or cause the discharge 
of VOC emissions that exceed 0.90 kilogram of VOC's per liter of applied 
coating solids from any surface coating operation on a large appliance 
surface coating line.



Sec. 60.453  Performance test and compliance provisions.

    (a) Sections 60.8 (d) and (f) do not apply to the performance test 
procedures required by this subpart.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec. 60.8(a) and thereafter 
a performance test each calendar month for each affected facility 
according to the procedures in this paragraph.
    (1) An owner or operator shall use the following procedures for any 
affected facility that does not use a capture system and control device 
to comply with the emissions limit specified under Sec. 60.452. The 
owner or operator shall determine the composition of the coatings by 
formulation data supplied by the coating manufacturer or by analysis of 
each coating, as received, using Method 24. The Administrator may 
require the owner or operator who uses formulation data supplied by the 
coating manufacturer to determine the VOC content of coatings using 
Method 24. The owner or operator shall determine the volume of coating 
and the mass of VOC-solvent used for thinning purposes from company 
records on a monthly basis. If a common coating distribution system 
serves more than one affected facility or serves both affected and 
existing facilities, the owner or operator shall estimate the volume of 
coatings used at each facility, by using the average dry weight of 
coating and the surface area coated by each affected and existing 
facility or by other procedures acceptable to the Administrator.
    (i) Except as provided in paragraph (b)(1)(iv) of this section, the 
weighted average of the total mass of VOC's consumed per unit volume of 
coating solids applied each calendar month will be determined as 
follows.
    (A) Calculate the mass of VOC's consumed (Mo + 
Md) during the calendar month for each affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.035


[[Page 512]]


([Sigma]LdjDdj will be 0 if no VOC-solvent is 
    added to the coatings, as received)

where:

n is the number of different coatings used during the calendar month, 
and
m is the number of different VOC-solvents added to coatings during the 
calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in the calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.036

where n is the number of different coatings used during the calendar 
month.

    (C) Select the appropriate transfer efficiency from table 1. If the 
owner or operator can demonstrate to the satisfaction of the 
Administrator that transfer efficiencies other than those shown are 
appropriate, the Administrator will approve their use on a case-by-case 
basis. Transfer efficiencies for application methods not listed shall be 
determined by the Administrator on a case-by-case basis. An owner or 
operator must submit sufficient data for the Administrator to judge the 
accuracy of the transfer efficiency claims.

                     Table 1--Transfer Efficiencies
------------------------------------------------------------------------
                                                               Transfer
                     Application method                       efficiency
                                                                 (Tk)
------------------------------------------------------------------------
Air-atomized spray..........................................        0.40
Airless spray...............................................        0.45
Manual electrostatic spray..................................        0.60
Flow coat...................................................        0.85
Dip coat....................................................        0.85
Nonrotational automatic electrostatic spray.................        0.85
Rotating head automatic electrostatic spray.................        0.90
Electrodeposition...........................................        0.95
------------------------------------------------------------------------

    Where more than one application method is used within a single 
surface coating operation, the owner or operator shall determine the 
composition and volume of each coating applied by each method through a 
means acceptable to the Administrator and compute the weighted average 
transfer efficiency by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.012

where:

n is the number of coatings (or input streams) used, and
m is the number of application methods used.

    (D) Calculate the volume-weighted average mass of VOC's consumed per 
unit volume of coating solids applied (G) during the calendar month for 
each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.038

    (ii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during the calendar month for each affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.039

    (iii) Where the volume-weighted average mass of VOC's discharged to 
the atmosphere per unit volume of coating solids applied (N) is equal to 
or less than 0.90 kilogram per liter, the affected facility is in 
compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content, as received, which when divided by the lowest transfer 
efficiency at which the coating is applied, results in a value equal to 
or less than 0.90 kilogram per liter, the affected facility is in 
compliance, provided no VOC's are added to the coating during 
distribution or application.
    (2) An owner or operator shall use the following procedures for any 
affected facility that uses a capture system and a control device that 
destroys VOC's (e.g., incinerator) to comply with the emission limit 
specified under Sec. 60.452.
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device. For the initial performance test the overall 
reduction efficiency (R) shall be determined as prescribed in A, B, and 
C below. In subsequent months, the owner or operator

[[Page 513]]

may use the most recently determined overall reduction efficiency (R) 
for the performance test, providing control device and capture system 
operating conditions have not changed. The procedure in A, B, and C, 
below, shall be repeated when directed by the Administrator or when the 
owner or operator elects to operate the control device or capture system 
at conditions different from the initial performance test.
    (A) Determine the fraction (F) of total VOC's emitted by an affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.013

where:

n is the number of gas streams entering the control device
p is the number of gas streams emitted directly to the atmosphere.
[GRAPHIC] [TIFF OMITTED] TR17OC00.014

where:

n is the number of gas streams entering the control device, and
m is the number of gas streams leaving the control device and entering 
the atmosphere.

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
    (C) Determine overall reduction efficiency (R) using the following 
equation:

R=EF (8)

    (ii) Calculate the volume-weighted average of the total mass of 
VOC's per unit volume of applied coating solids (G) during each calendar 
month for each affected facility using equations (1), (2), (3) if 
applicable, and (4).
    (iii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month by the following equation:

N=G(1-R) (9)

    (iv) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is equal to or less than 0.90 
kilogram per liter of applied coating solids, the affected facility is 
in compliance.
    (3) An owner or operator shall use the following procedure for any 
affected facility that uses a control device for VOC recovery (e.g., 
carbon adsorber) to comply with the applicable emission limit specified 
under Sec. 60.452.
    (i) Calculate the total mass of VOC's consumed 
(Mo+Md) and the volume-weighted average of the 
total mass of VOC's per unit volume of applied coating solids (G) during 
each calendar month for each affected facility using equations (1), (2), 
(3) if applicable, and (4).
    (ii) Calculate the total mass of VOC's recovered (Mr) 
during each calendar month using the following equation:

Mr=Lr Dr (10)

    (iii) Calculate overall reduction efficiency of the control device 
(R) for each calendar month for each affected facility using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.040

    (iv) Calculate the volume-weighted average mass of VOC's emitted to 
the atmosphere (N) for each calendar month for each affected facility 
using equation (9).
    (v) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is equal to or less than 0.90 
kilogram per liter of applied coating solids, the affected facility is 
in compliance. Each monthly calculation is considered a performance 
test.

[47 FR 47785, Oct. 27, 1982, as amended at 65 FR 61761, Oct. 17, 2000]

[[Page 514]]



Sec. 60.454  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility that uses a 
capture system and an incinerator to comply with the emission limits 
specified under Sec. 60.452 shall install, calibrate, maintain, and 
operate temperature measurement devices as prescribed below:
    (1) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, a temperature measurement device shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (2) Each temperature measurement device shall be installed, 
calibrated, and maintained according to the manufacturer's 
specifications. The device shall have an accuracy of 0.75 percent of the 
temperature being measured, expressed in degrees Celsius, or 2.5 [deg]C, whichever is greater.
    (3) Each temperature measurement device shall be equipped with a 
recording device so that a permanent continuous record is produced.

[47 FR 47785, Oct. 27, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec. 60.455  Reporting and recordkeeping requirements.

    (a) The reporting requirements of Sec. 60.8(a) apply only to the 
initial performance test. Each owner or operator subject to the 
provisions of this subpart shall include the following data in the 
report of the initial performance test required under Sec. 60.8(a):
    (1) Except as provided in paragraph (a)(2) of this section, the 
volume-weighted average mass of VOC's emitted to the atmosphere per 
volume of applied coating solids (N) for a period of 1 calendar month 
from each affected facility.
    (2) For each affected facility where compliance is determined under 
the provisions of Sec. 60.453(b)(1)(iv), a list of the coatings used 
during a period of 1 calendar month, the VOC content of each coating 
calculated from data determined using Reference Method 24 or supplied by 
the coating manufacturer, and the minimum transfer efficiency of any 
coating application equipment used during the month.
    (3) For each affected facility where compliance is achieved through 
use of an incineration system, the following additional information will 
be reported:
    (i) The proportion of total VOC's emitted that enters the control 
device (F),
    (ii) The VOC reduction efficiency of the control device (E),
    (iii) The average combustion temperature (or the average temperature 
upstream and downstream of the catalyst bed), and
    (iv) A description of the method used to establish the amount of 
VOC's captured and sent to the incinerator.
    (4) For each affected facility where compliance is achieved through 
use of a solvent recovery system, the following additional information 
will be reported:
    (i) The volume of VOC-solvent recovered (Lr), and
    (ii) The overall VOC emission reduction achieved (R).
    (b) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the total mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec. 60.452. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit at the frequency 
specified in Sec. 60.7(c) the following:
    (1) Where compliance with Sec. 60.452 is achieved through use of 
thermal incineration, each 3-hour period of coating operation during 
which the average temperature of the device was more than 28 [deg]C (50 
[deg]F) below the average temperature of the device during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec. 60.453.
    (2) Where compliance with Sec. 60.452 is achieved through the use 
of catalytic incineration, each 3-hour period of

[[Page 515]]

coating operation during which the average temperature recorded 
immediately before the catalyst bed is more than 28 [deg]C (50 [deg]F) 
below the average temperature at the same location during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec. 60.453. Additionally, all 3-hour periods of 
coating operation during which the average temperature difference across 
the catalyst bed is less than 80 percent of the average temperature 
difference across the catalyst bed during the most recent performance 
test at which destruction efficiency was determined as specified under 
Sec. 60.453 will be recorded.
    (3) For thermal and catalytic incinerators, if no such periods as 
described in paragraphs (c)(1) and (c)(2) of this section occur, the 
owner or operator shall state this in the report.
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine VOC emissions from each 
affected facility. Where compliance is achieved through the use of 
thermal incineration, each owner or operator shall maintain at the 
source daily records of the incinerator combustion chamber temperature. 
If catalytic incineration is used, the owner or operator shall maintain 
at the source daily records of the gas temperature, both upstream and 
downstream of the incinerator catalyst bed. Where compliance is achieved 
through the use of a solvent recovery system, the owner or operator 
shall maintain at the source daily records of the amount of solvent 
recovered by the system for each affected facility.

[47 FR 47785, Oct. 27, 1982, as amended at 55 FR 51383, Dec. 13, 1990; 
65 FR 61761, Oct. 17, 2000]



Sec. 60.456  Test methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used to determine compliance with 
Sec. 60.452 as follows:
    (1) Method 24 or formulation data supplied by the coating 
manufacturer to determine the VOC content of a coating. In the event of 
dispute, Method 24 shall be the reference method. For determining 
compliance only, results of Method 24 analyses of waterborne coatings 
shall be adjusted as described in Section 12.6 of Method 24. Procedures 
to determine VOC emissions are provided in Sec. 60.453.
    (2) Method 25 for the measurement of the VOC concentration in the 
gas stream vent.
    (3) Method 1 for sample and velocity traverses.
    (4) Method 2 for velocity and volumetric flow rate.
    (5) Method 3 for gas analysis.
    (6) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be a 1-liter sample taken 
into a 1-liter container at a point where the sample will be 
representative of the coating material.
    (c) For Method 25, the sample time for each of three runs is to be 
at least 60 minutes and the minimum sample volume is to be at least 
0.003 dscm (0.1 dscf) except that shorter sampling times or smaller 
volumes, when necessitated by process variables or other factors, may be 
approved by the Administrator.
    (d) The Administrator will approve sampling of representative stacks 
on a case-by-case basis if the owner or operator can demonstrate to the 
satisfaction of the Administrator that the testing of representative 
stacks would yield results comparable to those that would be obtained by 
testing all stacks.

[47 FR 47785, Oct. 27, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



   Subpart TT_Standards of Performance for Metal Coil Surface Coating

    Source: 47 FR 49612, Nov. 1, 1982, unless otherwise noted.



Sec. 60.460  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to the following affected 
facilities in a metal coil surface coating operation: each prime coat 
operation, each finish coat operation, and each prime and finish coat 
operation combined when the finish coat is applied wet on wet over the 
prime coat and

[[Page 516]]

both coatings are cured simultaneously.
    (b) This subpart applies to any facility identified in paragraph (a) 
of this section that commences construction, modification, or 
reconstruction after January 5, 1981.



Sec. 60.461  Definitions.

    (a) All terms used in this subpart not defined below are given the 
same meaning as in the Act or in subpart A of this part.
    Coating means any organic material that is applied to the surface of 
metal coil.
    Coating application station means that portion of the metal coil 
surface coating operation where the coating is applied to the surface of 
the metal coil. Included as part of the coating application station is 
the flashoff area between the coating application station and the curing 
oven.
    Curing oven means the device that uses heat or radiation to dry or 
cure the coating applied to the metal coil.
    Finish coat operation means the coating application station, curing 
oven, and quench station used to apply and dry or cure the final 
coating(s) on the surface of the metal coil. Where only a single coating 
is applied to the metal coil, that coating is considered a finish coat.
    Metal coil surface coating operation means the application system 
used to apply an organic coating to the surface of any continuous metal 
strip with thickness of 0.15 millimeter (mm) (0.006 in.) or more that is 
packaged in a roll or coil.
    Prime coat operation means the coating application station, curing 
oven, and quench station used to apply and dry or cure the initial 
coating(s) on the surface of the metal coil.
    Quench station means that portion of the metal coil surface coating 
operation where the coated metal coil is cooled, usually by a water 
spray, after baking or curing.
    VOC content means the quantity, in kilograms per liter of coating 
solids, of volatile organic compounds (VOC's) in a coating.
    (b) All symbols used in this subpart not defined below are given the 
same meaning as in the Act and in subpart A of this part.

Ca= the VOC concentration in each gas stream leaving the 
control device and entering the atmosphere (parts per million by volume, 
as carbon).
Cb= the VOC concentration in each gas stream entering the 
control device (parts per million by volume, as carbon).
Cf= the VOC concentration in each gas steam emitted directly 
to the atmosphere (parts per million by volume, as carbon).
Dc= density of each coating, as received (kilograms per 
liter).
Dd= density of each VOC-solvent added to coatings (kilograms 
per liter).
Dr= density of VOC-solvent recovered by an emission control 
device (kilograms per liter).
E= VOC destruction efficiency of the control device (fraction).
F= the proportion of total VOC's emitted by an affected facility that 
enters the control device (fraction).
G= volume-weighted average mass of VOC's in coatings consumed in a 
calendar month per unit volume of coating solids applied (kilograms per 
liter).
Lc= the volume of each coating consumed, as received 
(liters).
Ld= the volume of each VOC-solvent added to coatings 
(liters).
Lr= the volume of VOC-solvent recovered by an emission 
control device (liters).
Ls= the volume of coating solids consumed (liters).
Md= the mass of VOC-solvent added to coatings (kilograms).
Mo= the mass of VOC's in coatings consumed, as received 
(kilograms).
Mr= the mass of VOC's recovered by an emission control device 
(kilograms).
N= the volume-weighted average mass of VOC emissions to the atmosphere 
per unit volume of coating solids applied (kilograms per liter).
Qa= the volumetric flow rate of each gas stream leaving the 
control device and entering the atmosphere (dry standard cubic meters 
per hour).
Qb= the volumetric flow rate of each gas stream entering the 
control device (dry standard cubic meters per hour).
Qf= the volumetric flow rate of each gas steam emitted 
directly to the atmosphere (dry standard cubic meters per hour).
R= the overall VOC emission reduction achieved for an affected facility 
(fraction).
S= the calculated monthly allowable emission limit (kilograms of VOC per 
liter of coating solids applied).
Vs= the proportion of solids in each coating, as received 
(fraction by volume).
Wo= the proportion of VOC's in each coating, as received 
(fraction by weight).

[[Page 517]]



Sec. 60.462  Standards for volatile organic compounds.

    (a) On and after the date on which Sec. 60.8 requires a performance 
test to be completed, each owner or operator subject to this subpart 
shall not cause to be discharged into the atmosphere more than:
    (1) 0.28 kilogram VOC per liter (kg VOC/l) of coating solids applied 
for each calendar month for each affected facility that does not use an 
emission control device(s); or
    (2) 0.14 kg VOC/l of coating solids applied for each calendar month 
for each affected facility that continuously uses an emission control 
device(s) operated at the most recently demonstrated overall efficiency; 
or
    (3) 10 percent of the VOC's applied for each calendar month (90 
percent emission reduction) for each affected facility that continuously 
uses an emission control device(s) operated at the most recently 
demonstrated overall efficiency; or
    (4) A value between 0.14 (or a 90-percent emission reduction) and 
0.28 kg VOC/l of coating solids applied for each calendar month for each 
affected facility that intermittently uses an emission control device 
operated at the most recently demonstrated overall efficiency.



Sec. 60.463  Performance test and compliance provisions.

    (a) Section 60.8(d) and (f) do not apply to the performance test.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec. 60.8(a) and thereafter 
a performance test for each calendar month for each affected facility 
according to the procedures in this section.
    (c) The owner or operator shall use the following procedures for 
determining monthly volume-weighted average emissions of VOC's in kg/l 
of coating solids applied.
    (1) An owner or operator shall use the following procedures for each 
affected facility that does not use a capture system and control device 
to comply with the emission limit specified under Sec. 60.462(a)(1). 
The owner or operator shall determine the composition of the coatings by 
formulation data supplied by the manufacturer of the coating or by an 
analysisof each coating, as received, using Method 24. The Administrator 
may require the owner or operator who uses formulation data supplied by 
the manufacturer of the coatings to determine the VOC content of 
coatings using Method 24 or an equivalent or alternative method. The 
owner or operator shall determine the volume of coating and the mass of 
VOC-solvent added to coatings from company records on a monthly basis. 
If a common coating distribution system serves more than one affected 
facility or serves both affected and existing facilities, the owner or 
operator shall estimate the volume of coating used at each affected 
facility by using the average dry weight of coating and the surface area 
coated by each affected and existing facility or by other procedures 
acceptable to the Administrator.
    (i) Calculate the volume-weighted average of the total mass of VOC's 
consumed per unit volume of coating solids applied during each calendar 
month for each affected facility, except as provided under paragraph 
(c)(1)(iv) of this section. The weighted average of the total mass of 
VOC's used per unit volume of coating solids applied each calendar month 
is determined by the following procedures.
    (A) Calculate the mass of VOC's used (Mo+Md) during each calendar 
month for each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.041

([Sigma]LdjDdj will be 0 if no VOC solvent is 
    added to the coatings, as received)

where


[[Page 518]]


n is the number of different coatings used during the calendar month, 
and
m is the number of different VOC solvents added to coatings used during 
the calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in each calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.042

Where:

n is the number of different coatings used during the calendar month.

    (C) Calculate the volume-weighted average mass of VOC's used per 
unit volume of coating solids applied (G) during the calendar month for 
each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.043

    (ii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during the calendar month for each affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.044

    (iii) Where the volume-weighted average mass of VOC's discharged to 
the atmosphere per unit volume of coating solids applied (N) is equal to 
or less than 0.28 kg/l, the affected facility is in compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content, as received, that is equal to or less than 0.28 kg/l of 
coating solids, the affected facility is in compliance provided no VOC's 
are added to the coatings during distribution or application.
    (2) An owner or operator shall use the following procedures for each 
affected facility that continuously uses a capture system and a control 
device that destroys VOC's (e.g., incinerator) to comply with the 
emission limit specified under Sec. 60.462(a) (2) or (3).
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device.

For the initial performance test, the overall reduction efficiency (R) 
shall be determined as prescribed in paragraphs (c)(2)(i) (A), (B), and 
(C) of this section. In subsequent months, the owner or operator may use 
the most recently determined overall reduction efficiency (R) for the 
performance test, providing control device and capture system operating 
conditions have not changed. The procedure in paragraphs (c)(2)(i) (A), 
(B), and (C) of this section, shall be repeated when directed by the 
Administrator or when the owner or operator elects to operate the 
control device or capture system at conditions different from the 
initial performance test.
    (A) Determine the fraction (F) of total VOC's emitted by an affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.035

                                                              Equation 5

Where:

l is the number of gas streams entering the control device, and
p is the number of gas streams emitted directly to the atmosphere.

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.036

                                                              Equation 6

Where:

n is the number of gas streams entering the control device, and
m is the number of gas streams leaving the control device and entering 
the atmosphere.


The owner or operator of the affected facility shall construct the VOC 
emission reduction system so that all volumetric flow rates and total 
VOC emissions can be accurately determined by the applicable test 
methods and procedures specified in Sec. 60.466. The owner or operator 
of the affected facility shall

[[Page 519]]

construct a temporary enclosure around the coating applicator and 
flashoff area during the performance test for the purpose of evaluating 
the capture efficiency of the system. The enclosure must be maintained 
at a negative pressure to ensure that all VOC emissions are measurable. 
If a permanent enclosure exists in the affected facility prior to the 
performance test and the Administrator is satisfied that the enclosure 
is adequately containing VOC emissions, no additional enclosure is 
required for the performance test.
    (C) Determine overall reduction efficiency (R) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.045


If the overall reduction efficiency (R) is equal to or greater than 
0.90, the affected facility is in compliance and no further computations 
are necessary. If the overall reduction efficiency (R) is less than 
0.90, the average total VOC emissions to the atmosphere per unit volume 
of coating solids applied (N) shall be computed as follows.
    (ii) Calculate the volume-weighted average of the total mass of 
VOC's per unit volume of coating solids applied (G) during each calendar 
month for each affected facility using equations in paragraphs (c)(1)(i) 
(A), (B), and (C) of this section.
    (iii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.046

    (iv) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is less than or equal to 0.14 kg/
l of coating solids applied, the affected facility is in compliance. 
Each monthly calculation is a performance test.
    (3) An owner or operator shall use the following procedure for each 
affected facility that uses a control device that recovers the VOC's 
(e.g., carbon adsorber) to comply with the applicable emission limit 
specified under Sec. 60.462(a) (2) or (3).
    (i) Calculate the total mass of VOC's consumed 
(Mo+Md) during each calendar month for each 
affected facility using equation (1).
    (ii) Calculate the total mass of VOC's recovered (Mr) 
during each calendar month using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.047

    (iii) Calculate the overall reduction efficiency of the control 
device (R) for each calendar month for each affected facility using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.048


If the overall reduction efficiency (R) is equal to or greater than 
0.90, the affected facility is in compliance and no further computations 
are necessary. If the overall reduction efficiency (R) is less than 
0.90, the average total VOC emissions to the atmosphere per unit volume 
of coating solids applied (N) must be computed as follows.
    (iv) Calculate the total volume of coating solids consumed 
(Ls) and the volume-weighted average of the total mass of 
VOC's per unit volume of coating solids applied (G) during each calendar 
month for each affected facility using equations in paragraphs (c)(1)(i) 
(B) and (C) of this section.
    (v) Calculate the volume-weighted average mass of VOC's emitted to 
the atmosphere (N) for each calendar month for each affected facility 
using equation (8).
    (vi) If the weighted average mass of VOC's emitted to the atmosphere 
for each calendar month (N) is less than or equal to 0.14 kg/l of 
coating solids applied, the affected facility is in compliance. Each 
monthly calculation is a performance test.
    (4) An owner or operator shall use the following procedures for each 
affected facility that intermittently uses a capture system and a 
control device to comply with the emission limit specified in Sec. 
60.462(a)(4).
    (i) Calculate the total volume of coating solids applied without the 
control device in operation (Lsn) during each calendar month 
for each affected facility using the following equation:

[[Page 520]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.049

Where:

n is the number of coatings used during the calendar month without the 
control device in operation.

    (ii) Calculate the total volume of coating solids applied with the 
control device in operation (Lsc) during each calendar month 
for each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.050

Where:

n is the number of coatings used during the calendar month with the 
control device in operation.

    (iii) Calculate the mass of VOC's used without the control device in 
operation (Mon+Mdn) during each calendar month for 
each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.051

Where:

n is the number of different coatings used without the control device in 
operation during the calendar month, and
m is the number of different VOC-solvents added to coatings used without 
the control device in operation during the calendar month.

    (iv) Calculate the volume-weighted average of the total mass of 
VOC's consumed per unit volume of coating solids applied without the 
control device in operation (Gn) during each calendar month 
for each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.052

    (v) Calculate the mass of VOC's used with the control device in 
operation (Moc+Mdc) during each calendar month for 
each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.053

Where:

n is the number of different coatings used with the control device in 
operation during the calendar month, and
m is the number of different VOC-solvents added to coatings used with 
the control device in operation during the calendar month.

    (vi) Calculate the volume-weighted average of the total mass of 
VOC's used per unit volume of coating solids applied with the control 
device in operation (Gc) during each calendar month for each 
affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.054

    (vii) Determine the overall reduction efficiency (R) for the capture 
system and control device using the procedures in paragraphs (c)(2)(i) 
(A), (B), and (C) or paragraphs (c)(3) (i), (ii), and (iii) of this 
section, whichever is applicable.
    (viii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month for each affected facility 
using the following equation:

[[Page 521]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.055

                                                             Equation 17

    (ix) Calculate the emission limit(s) for each calendar month for 
each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.056

    or
    [GRAPHIC] [TIFF OMITTED] TC16NO91.057
    
whichever is greater.

    (x) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is less than or equal to the 
calculated emission limit (S) for the calendar month, the affected 
facility is in compliance. Each monthly calculation is a performance 
test.

[47 FR 49612, Nov. 1, 1982; 48 FR 1056, Jan. 10, 1983, as amended at 65 
FR 61761, Oct. 17, 2000]



Sec. 60.464  Monitoring of emissions and operations.

    (a) Where compliance with the numerical limit specified in Sec. 
60.462(a) (1) or (2) is achieved through the use of low VOC-content 
coatings without the use of emission control devices or through the use 
of higher VOC-content coatings in conjunction with emission control 
devices, the owner or operator shall compute and record the average VOC 
content of coatings applied during each calendar month for each affected 
facility, according to the equations provided in Sec. 60.463.
    (b) Where compliance with the limit specified in Sec. 60.462(a)(4) 
is achieved through the intermittent use of emission control devices, 
the owner or operator shall compute and record for each affected 
facility the average VOC content of coatings applied during each 
calendar month according to the equations provided in Sec. 60.463.
    (c) If thermal incineration is used, each owner or operator subject 
to the provisions of this subpart shall install, calibrate, operate, and 
maintain a device that continuously records the combustion temperature 
of any effluent gases incinerated to achieve compliance with Sec. 
60.462(a)(2), (3), or (4). This device shall have an accuracy of 2.5 [deg]C. or 0.75 percent of the 
temperature being measured expressed in degrees Celsius, whichever is 
greater. Each owner or operator shall also record all periods (during 
actual coating operations) in excess of 3 hours during which the average 
temperature in any thermal incinerator used to control emissions from an 
affected facility remains more than 28 [deg]C (50 [deg]F) below the 
temperature at which compliance with Sec. 60.462(a)(2), (3), or (4) was 
demonstrated during the most recent measurement of incinerator 
efficiency required by Sec. 60.8. The records required by Sec. 60.7 
shall identify each such occurrence and its duration. If catalytic 
incineration is used, the owner or operator shall install, calibrate, 
operate, and maintain a device to monitor and record continuously the 
gas temperature both upstream and downstream of the incinerator catalyst 
bed. This device shall have an accuracy of 2.5 
[deg]C. or 0.75 percent of the temperature being 
measured expressed in degrees Celsius, whichever is greater. During 
coating operations, the owner or operator shall record all periods in 
excess of 3 hours where the average difference between the temperature 
upstream and downstream of the incinerator catalyst bed remains below 80 
percent of the temperature difference at which compliance was 
demonstrated during the most recent measurement of incinerator 
efficiency or when the inlet temperature falls more than 28 [deg]C (50 
[deg]F) below the temperature at which compliance with Sec. 
60.462(a)(2), (3), or (4) was demonstrated during the most recent 
measurement of incinerator efficiency required by Sec. 60.8. The 
records required by Sec. 60.7 shall identify each such occurrence and 
its duration.

[47 FR 49612, Nov. 1, 1982; 48 FR 1056, Jan. 10, 1983, as amended at 65 
FR 61761, Oct. 17, 2000]

[[Page 522]]



Sec. 60.465  Reporting and recordkeeping requirements.

    (a) Where compliance with the numerical limit specified in Sec. 
60.462(a) (1), (2), or (4) is achieved through the use of low VOC-
content coatings without emission control devices or through the use of 
higher VOC-content coatings in conjunction with emission control 
devices, each owner or operator subject to the provisions of this 
subpart shall include in the initial compliance report required by Sec. 
60.8 the weighted average of the VOC content of coatings used during a 
period of one calendar month for each affected facility. Where 
compliance with Sec. 60.462(a)(4) is achieved through the intermittent 
use of a control device, reports shall include separate values of the 
weighted average VOC content of coatings used with and without the 
control device in operation.
    (b) Where compliance with Sec. 60.462(a)(2), (3), or (4) is 
achieved through the use of an emission control device that destroys 
VOC's, each owner or operator subject to the provisions of this subpart 
shall include the following data in the initial compliance report 
required by Sec. 60.8:
    (1) The overall VOC destruction rate used to attain compliance with 
Sec. 60.462(a)(2), (3), or (4) and the calculated emission limit used 
to attain compliance with Sec. 60.462(a)(4); and
    (2) The combustion temperature of the thermal incinerator or the gas 
temperature, both upstream and downstream of the incinerator catalyst 
bed, used to attain compliance with Sec. 60.462(a)(2), (3), or (4).
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the local mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec. 60.462. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (d) The owner or operator of each affected facility shall also 
submit reports at the frequency specified in Sec. 60.7(c) when the 
incinerator temperature drops as defined under Sec. 60.464(c). If no 
such periods occur, the owner or operator shall state this in the 
report.
    (e) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine monthly VOC emissions 
from each affected facility and to determine the monthly emission limit, 
where applicable. Where compliance is achieved through the use of 
thermal incineration, each owner or operator shall maintain, at the 
source, daily records of the incinerator combustion temperature. If 
catalytic incineration is used, the owner or operator shall maintain at 
the source daily records of the gas temperature, both upstream and 
downstream of the incinerator catalyst bed.

[47 FR 49612, Nov. 1, 1982, as amended at 55 FR 51383, Dec. 13, 1990; 56 
FR 20497, May 3, 1991; 65 FR 61761, Oct. 17, 2000]



Sec. 60.466  Test methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used to determine compliance with 
Sec. 60.462 as follows:
    (1) Method 24, or data provided by the formulator of the coating, 
shall be used for determining the VOC content of each coating as applied 
to the surface of the metal coil. In the event of a dispute, Method 24 
shall be the reference method. When VOC content of waterborne coatings, 
determined by Method 24, is used to determine compliance of affected 
facilities, the results of the Method 24 analysis shall be adjusted as 
described in Section 12.6 of Method 24;
    (2) Method 25, both for measuring the VOC concentration in each gas 
stream entering and leaving the control device on each stack equipped 
with an emission control device and for measuring the VOC concentration 
in each gas stream emitted directly to the atmosphere;
    (3) Method 1 for sample and velocity traverses;
    (4) Method 2 for velocity and volumetric flow rate;
    (5) Method 3 for gas analysis; and
    (6) Method 4 for stack gas moisture.

[[Page 523]]

    (b) For Method 24, the coating sample must be at least a 1-liter 
sample taken at a point where the sample will be representative of the 
coating as applied to the surface of the metal coil.
    (c) For Method 25, the sampling time for each of three runs is to be 
at least 60 minutes, and the minimum sampling volume is to be at least 
0.003 dscm (0.11 dscf); however, shorter sampling times or smaller 
volumes, when necessitated by process variables or other factors, may be 
approved by the Administrator.
    (d) The Administrator will approve testing of representative stacks 
on a case-by-case basis if the owner or operator can demonstrate to the 
satisfaction of the Administrator that testing of representative stacks 
yields results comparable to those that would be obtained by testing all 
stacks.

[47 FR 49612, Nov. 1, 1982, as amended at 51 FR 22938, June 24, 1986; 65 
FR 61761, Oct. 17, 2000]



 Subpart UU_Standards of Performance for Asphalt Processing and Asphalt 
                           Roofing Manufacture

    Source: 47 FR 34143, Aug. 6, 1982, unless otherwise noted.



Sec. 60.470  Applicability and designation of affected facilities.

    (a) The affected facilities to which this subpart applies are each 
saturator and each mineral handling and storage facility at asphalt 
roofing plants; and each asphalt storage tank and each blowing still at 
asphalt processing plants, petroleum refineries, and asphalt roofing 
plants.
    (b) Any saturator or mineral handling and storage facility under 
paragraph (a) of this section that commences construction or 
modification after November 18, 1980, is subject to the requirements of 
this subpart. Any asphalt storage tank or blowing still that processes 
and/or stores asphalt used for roofing only or for roofing and other 
purposes, and that commences construction or modification after November 
18, 1980, is subject to the requirements of this subpart.

Any asphalt storage tank or blowing still that processes and/or stores 
only nonroofing asphalts and that commences construction or modification 
after May 26, 1981, is subject to the requirements of this subpart.



Sec. 60.471  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Afterburner (A/B) means an exhaust gas incinerator used to control 
emissions of particulate matter.
    Asphalt processing means the storage and blowing of asphalt.
    Asphalt processing plant means a plant which blows asphalt for use 
in the manufacture of asphalt products.
    Asphalt roofing plant means a plant which produces asphalt roofing 
products (shingles, roll roofing, siding, or saturated felt).
    Asphalt storage tank means any tank used to store asphalt at asphalt 
roofing plants, petroleum refineries, and asphalt processing plants. 
Storage tanks containing cutback asphalts (asphalts diluted with 
solvents to reduce viscosity for low temperature applications) and 
emulsified asphalts (asphalts dispersed in water with an emulsifying 
agent) are not subject to this regulation.
    Blowing still means the equipment in which air is blown through 
asphalt flux to change the softening point and penetration rate.
    Catalyst means a substance which, when added to asphalt flux in a 
blowing still, alters the penetrating-softening point relationship or 
increases the rate of oxidation of the flux.
    Coating blow means the process in which air is blown through hot 
asphalt flux to produce coating asphalt. The coating blow starts when 
the air is turned on and stops when the air is turned off.
    Electrostatic precipitator (ESP) means an air pollution control 
device in which solid or liquid particulates in a gas stream are charged 
as they pass through an electric field and precipitated on a collection 
suface.
    High velocity air filter (HVAF) means an air pollution control 
filtration device for the removal of sticky, oily, or liquid aerosol 
particulate matter from exhaust gas streams.

[[Page 524]]

    Mineral handling and storage facility means the areas in asphalt 
roofing plants in which minerals are unloaded from a carrier, the 
conveyor transfer points between the carrier and the storage silos, and 
the storage silos.
    Saturator means the equipment in which asphalt is applied to felt to 
make asphalt roofing products. The term saturator includes the 
saturator, wet looper, and coater.

[47 FR 34143, Aug. 6, 1982, as amended at 65 FR 61762, Oct. 17, 2000]



Sec. 60.472  Standards for particulate matter.

    (a) On and after the date on which Sec. 60.8(b) requires a 
performance test to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any saturator:
    (1) Particulate matter in excess of:
    (i) 0.04 kg/Mg (0.08 lb/ton) of asphalt shingle or mineral-surfaced 
roll roofing produced, or
    (ii) 0.04 kg/Mg (0.08 lb/ton) of saturated felt or smooth-surfaced 
roll roofing produced;
    (2) Exhaust gases with opacity greater than 20 percent; and
    (3) Any visible emissions from a saturator capture system for more 
than 20 percent of any period of consecutive valid observations totaling 
60 minutes. Saturators that were constructed before November 18, 1980, 
and that have not been reconstructed since that date and that become 
subject to these standards through modification are exempt from the 
visible emissions standard. Saturators that have been newly constructed 
or reconstructed since November 18, 1980 are subject to the visible 
emissions standard.
    (b) On and after the date on which Sec. 60.8(b) requires a 
performance test to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any blowing still:
    (1) Particulate matter in excess of 0.67 kg/Mg (1.3 lb/ton) of 
asphalt charged to the still when a catalyst is added to the still; and
    (2) Particulate matter in excess of 0.71 kg/Mg (1.4 lb/ton) of 
asphalt charged to the still when a catalyst is added to the still and 
when No. 6 fuel oil is fired in the afterburner; and
    (3) Particulate matter in excess of 0.60 kg/Mg (1.2 lb/ton) of 
asphalt charged to the still during blowing without a catalyst; and
    (4) Particulate matter in excess of 0.64 kg/Mg (1.3 lb/ton) of 
asphalt charged to the still during blowing without a catalyst and when 
No. 6 fuel oil is fired in the afterburner; and
    (5) Exhaust gases with an opacity greater than 0 percent unless an 
opacity limit for the blowing still when fuel oil is used to fire the 
afterburner has been established by the Administrator in accordance with 
the procedures in Sec. 60.474(g).
    (c) Within 60 days after achieving the maximum production rate at 
which the affected facility will be operated, but not later than 180 
days after initial startup of such facility, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any asphalt storage tank exhaust gases with 
opacity greater than 0 percent, except for one consecutive 15-minute 
period in any 24-hour period when the transfer lines are being blown for 
clearing. The control device shall not be bypassed during this 15-minute 
period. If, however, the emissions from any asphalt storage tank(s) are 
ducted to a control device for a saturator, the combined emissions shall 
meet the emission limit contained in paragraph (a) of this section 
during the time the saturator control device is operating. At any other 
time the asphalt storage tank(s) must meet the opacity limit specified 
above for storage tanks.
    (d) Within 60 days after achieving the maximum production rate at 
which the affected facility will be operated, but not later than 180 
days after initial startup of such facility, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any mineral handling and storage facility 
emissions with opacity greater than 1 percent.

[47 FR 34143, Aug. 6, 1982, as amended at 65 FR 61762, Oct. 17, 2000]

[[Page 525]]



Sec. 60.473  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart, 
and using either an electrostatic precipitator or a high velocity air 
filter to meet the emission limit in Sec. 60.472(a)(1) and/or (b)(1) 
shall continuously monitor and record the temperature of the gas at the 
inlet of the control device. The temperature monitoring instrument shall 
have an accuracy of 15 [deg]C (25 [deg]F) over its range.
    (b) The owner or operator subject to the provisions of this subpart 
and using an afterburner to meet the emission limit in Sec. 
60.472(a)(1) and/or (b)(1) shall continuously monitor and record the 
temperature in the combustion zone of the afterburner. The monitoring 
instrument shall have an accuracy of 10 [deg]C 
(18 [deg]F) over its range.
    (c) An owner or operator subject to the provisions of this subpart 
and using a control device not mentioned in paragraphs (a) or (b) of 
this section shall provide to the Administrator information describing 
the operation of the control device and the process parameter(s) which 
would indicate proper operation and maintenance of the device. The 
Administrator may require continuous monitoring and will determine the 
process parameters to be monitored.
    (d) The industry is exempted from the quarterly reports required 
under Sec. 60.7(c). The owner/operator is required to record and report 
the operating temperature of the control device during the performance 
test and, as required by Sec. 60.7(d), maintain a file of the 
temperature monitoring results for at least two years.

[47 FR 34143, Aug. 6, 1982, as amended at 65 FR 61762, Oct. 17, 2000]



Sec. 60.474  Test methods and procedures.

    (a) For saturators, the owner or operator shall conduct performance 
tests required in Sec. 60.8 as follows:
    (1) If the final product is shingle or mineral-surfaced roll 
roofing, the tests shall be conducted while 106.6-kg (235-lb) shingle is 
being produced.
    (2) If the final product is saturated felt or smooth-surfaced roll 
roofing, the tests shall be conducted while 6.8-kg (15-lb) felt is being 
produced.
    (3) If the final product is fiberglass shingle, the test shall be 
conducted while a nominal 100-kg (220-lb) shingle is being produced.
    (b) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (c) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.472 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=(cs Qsd)/(PK)

where:

E=emission rate of particulate matter, kg/Mg (lb/ton).
cs=concentration of particulate matter, g/dscm (gr/dscf).
Qsd=volumetric flow rate of effluent gas, dscm/hr (dscf/hr).
P=asphalt roofing production rate or asphalt charging rate, Mg/hr (ton/
hr).
K=conversion factor, 1000 g/kg [7000 (gr/lb)].

    (2) Method 5A shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. For a saturator, the sampling time and sample 
volume for each run shall be at least 120 minutes and 3.00 dscm (106 
dscf), and for the blowing still, at least 90 minutes or the duration of 
the coating blow or non-coating blow, whichever is greater, and 2.25 
dscm (79.4 dscf).
    (3) For the saturator, the asphalt roofing production rate (P) for 
each run shall be determined as follows: The amount of asphalt roofing 
produced on the shingle or saturated felt process lines shall be 
obtained by direct measurement. The asphalt roofing production rate is 
the amount produced divided by the time taken for the run.
    (4) For the blowing still, the asphalt charging rate (P) shall be 
computed for each run using the following equation:

P=(Vd)/(K' [thetas])

where:

P=asphalt charging rate to blowing still, Mg/hr (ton/hr).
V=volume of asphalt charged, m\3\ (ft\3\).
d=density of asphalt, kg/m\3\ (lb/ft\3\).

[[Page 526]]

K'=conversion factor, 1000 kg/Mg (2000 lb/ton).
[thetas]=duration of test run, hr.

    (i) The volume (V) of asphalt charged shall be measured by any means 
accurate to within 10 percent.
    (ii) The density (d) of the asphalt shall be computed using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.015

Where:

d = Density of the asphalt, kg/m\3\ (lb/ft\3\)
K1 = 1056.1 kg/m\3\ (metric units)
    = 64.70 lb/ft\3\ (English Units)
K2 = 0.6176 kg/(m\3\ [deg]C) (metric units)
    = 0.0694 lb/(ft\3\ [deg]F) (English Units)
Ti = temperature at the start of the blow, [deg]C ( [deg]F)

    (5) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity.
    (d) The Administrator will determine compliance with the standards 
in Sec. 60.472(a)(3) by using Method 22, modified so that readings are 
recorded every 15 seconds for a period of consecutive observations 
during representative conditions (in accordance with Sec. 60.8(c)) 
totaling 60 minutes. A performance test shall consist of one run.
    (e) The owner or operator shall use the monitoring device in Sec. 
60.473 (a) or (b) to monitor and record continuously the temperature 
during the particulate matter run and shall report the results to the 
Administrator with the performance test results.
    (f) If at a later date the owner or operator believes that the 
emission limits in Sec. 60.472(a) and (b) are being met even though one 
of the conditions listed in this paragraph exist, he may submit a 
written request to the Administrator to repeat the performance test and 
procedure outlined in paragraph (c) of this section.
    (1) The temperature measured in accordance with Sec. 60.473(a) is 
exceeding that measured during the performance test.
    (2) The temperature measured in accordance with Sec. 60.473(b) is 
lower than that measured during the performance test.
    (g) If fuel oil is to be used to fire an afterburner used to control 
emissions from a blowing still, the owner or operator may petition the 
Administrator in accordance with Sec. 60.11(e) of the General 
Provisions to establish an opacity standard for the blowing still that 
will be the opacity standard when fuel oil is used to fire the 
afterburner. To obtain this opacity standard, the owner or operator must 
request the Administrator to determine opacity during an initial, or 
subsequent, performance test when fuel oil is used to fire the 
afterburner. Upon receipt of the results of the performance test, the 
Administrator will make a finding concerning compliance with the mass 
standard for the blowing still. If the Administrator finds that the 
facility was in compliance with the mass standard during the performance 
test but failed to meet the zero opacity standard, the Administrator 
will establish and promulgate in the Federal Register an opacity 
standard for the blowing still that will be the opacity standard when 
fuel oil is used to fire the afterburner. When the afterburner is fired 
with natural gas, the zero percent opacity remains the applicable 
opacity standard.

[54 FR 6677, Feb. 14, 1989, as amended 54 FR 27016, June 27, 1989; 65 FR 
61762, Oct. 17, 2000]



 Subpart VV_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for which 
Construction, Reconstruction, or Modification Commenced After January 5, 
                 1981, and on or Before November 7, 2006

    Source: 48 FR 48335, Oct. 18, 1983, unless otherwise noted.



Sec. 60.480  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec. 60.481) within a 
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 5, 
1981, and on or before November 7, 2006, shall

[[Page 527]]

be subject to the requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the 
exemptions in this paragraph, then the owner or operator shall maintain 
records as required in Sec. 60.486(i).
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec. 
60.489 is exempt from Sec. Sec. 60.482-1 through 60.482-10.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec. 60.482-1 through 60.482-10.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec. 60.482-1 through 60.482-10.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec. 60.482-1 through 
60.482-10.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. (i) Owners or operators may choose to comply with the provisions of 
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec. 
60.482 through 60.487 for an affected facility. When choosing to comply 
with 40 CFR part 65, subpart F, the requirements of Sec. 60.485(d), 
(e), and (f) and Sec. 60.486(i) and (j) still apply. Other provisions 
applying to an owner or operator who chooses to comply with 40 CFR part 
65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners 
and operators of equipment subject to this subpart complying with 40 CFR 
part 65, subpart F, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who choose 
to comply with 40 CFR part 65, subpart F, must comply with 40 CFR part 
65, subpart A.
    (2) Subpart VVa. Owners or operators may choose to comply with the 
provisions of subpart VVa of this part 60 to satisfy the requirements of 
this subpart VV for an affected facility.
    (f) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec. 60.481 and the 
requirements in Sec. 60.482-1(g) of this subpart until the EPA takes 
final action to require compliance and publishes a document in the 
Federal Register. While the definition of ``process unit'' is stayed, 
owners or operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec. 60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 65 
FR 61762, Oct. 17, 2000; 65 FR 78276, Dec. 14, 2000; 72 FR 64879, Nov. 
16, 2007, 73 FR 31379, June 2, 2008; 73 FR 31375, June 2, 2008]



Sec. 60.481  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act or in subpart A of part 60, and the 
following terms shall have the specific meanings given them.
    Capital expenditure means, in addition to the definition in 40 CFR 
60.2, an expenditure for a physical or operational change to an existing 
facility that:
    (a) Exceeds P, the product of the facility's replacement cost, R, 
and an adjusted annual asset guideline repair allowance, A, as reflected 
by the following equation: P = R x A, where
    (1) The adjusted annual asset guideline repair allowance, A, is the 
product of the percent of the replacement cost, Y, and the applicable 
basic annual asset guideline repair allowance, B, divided by 100 as 
reflected by the following equation:

A = Y x (B / 100);

    (2) The percent Y is determined from the following equation: Y = 1.0 
- 0.575

[[Page 528]]

log X, where X is 1982 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance, B, 
is selected from the following table consistent with the applicable 
subpart:

              Table for Determining Applicable Value for B
------------------------------------------------------------------------
                                                              Value of B
               Subpart applicable to facility                 to be used
                                                             in equation
------------------------------------------------------------------------
VV.........................................................         12.5
DDD........................................................         12.5
GGG........................................................          7.0
KKK........................................................          4.5
------------------------------------------------------------------------

    Closed-loop system means an enclosed system that returns process 
fluid to the process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers for purged 
liquids must be covered or closed when not being filled or emptied.
    Closed vent system means a system that is not open to the atmosphere 
and that is composed of hard-piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back to a process.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of process equipment 
or that close an opening in a pipe that could be connected to another 
pipe. Joined fittings welded completely around the circumference of the 
interface are not considered connectors for the purpose of this subpart.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, and flange 
or other connector in VOC service and any devices or systems required by 
this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere using 
best practices.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as ASME 
B31.3, Process Piping (available from the American Society of Mechanical 
Engineers, PO Box 2300, Fairfield, NJ 07007-2300).
    In gas/vapor service means that the piece of equipment contains 
process fluid that is in the gaseous state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.485(e).
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals (kPa)(0.7 psia) below ambient 
pressure.
    In VOC service means that the piece of equipment contains or 
contacts a process fluid that is at least 10 percent VOC by weight. (The 
provisions of Sec. 60.485(d) specify how to determine that a piece of 
equipment is not in VOC service.)

[[Page 529]]

    Liquids dripping means any visible leakage from the seal including 
spraying, misting, clouding, and ice formation.
    Open-ended valve or line means any valve, except safety relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to the atmosphere, either directly or through open 
piping.
    Pressure release means the emission of materials resulting from 
system pressure being greater than set pressure of the pressure relief 
device.
    Process improvement means routine changes made for safety and 
occupational health requirements, for energy savings, for better 
utility, for ease of maintenance and operation, for correction of design 
deficiencies, for bottleneck removal, for changing product requirements, 
or for environmental control.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce, as intermediate or 
final products, one or more of the chemicals listed in Sec. 60.489. A 
process unit can operate independently if supplied with sufficient feed 
or raw materials and sufficient storage facilities for the product. For 
the purpose of this subpart, process unit includes any feed, 
intermediate and final product storage vessels (except as specified in 
Sec. 60.482-1(g)), product transfer racks, and connected ducts and 
piping. A process unit includes all equipment as defined in this 
subpart.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be accomplished. The following 
are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that stops 
production from a process unit or part of a process unit for less than 
24 hours.
    (2) An unscheduled work practice or operational procedure that would 
stop production from a process unit or part of a process unit for a 
shorter period of time than would be required to clear the process unit 
or part of the process unit of materials and start up the unit, and 
would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Quarter means a 3-month period; the first quarter concludes on the 
last day of the last full month during the 180 days following initial 
startup.
    Repaired means that equipment is adjusted, or otherwise altered, in 
order to eliminate a leak as defined in the applicable sections of this 
subpart and, except for leaks identified in accordance with Sec. Sec. 
60.482-2(b)(2)(ii) and (d)(6)(ii) and (iii), 60.482-3(f), and 60.482-
10(f)(1)(ii), is re-monitored as specified in Sec. 60.485(b) to verify 
that emissions from the equipment are below the applicable leak 
definition.
    Replacement cost means the capital needed to purchase all the 
depreciable components in a facility.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity such as temperature, pressure, flow rate, 
pH, or liquid level.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are used in the process as raw material feedstocks, 
produced as intermediates or final products, or generated as wastes. 
Storage vessel does not include vessels permanently attached to motor 
vehicles, such as trucks, railcars, barges, or ships.
    Synthetic organic chemicals manufacturing industry means the 
industry that produces, as intermediates or final products, one or more 
of the chemicals listed in Sec. 60.489.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
    Volatile organic compounds or VOC means, for the purposes of this 
subpart,

[[Page 530]]

any reactive organic compounds as defined in Sec. 60.2 Definitions.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 49 
FR 26738, June 29, 1984; 60 FR 43258, Aug. 18, 1995; 65 FR 61762, Oct. 
17, 2000; 65 FR 78276, Dec. 14, 2000; 72 FR 64879, Nov. 16, 2007]

    Effective Date Note: At 73 FR 31375, June 2, 2008, in Sec. 60.481, 
the definition of ``process unit'' was stayed until further notice.



Sec. 60.482-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Sec. Sec. 60.482-
1 through 60.482-10 or Sec. 60.480(e) for all equipment within 180 days 
of initial startup.
    (b) Compliance with Sec. Sec. 60.482-1 to 60.482-10 will be 
determined by review of records and reports, review of performance test 
results, and inspection using the methods and procedures specified in 
Sec. 60.485.
    (c)(1) An owner or operator may request a determination of 
equivalence of a means of emission limitation to the requirements of 
Sec. Sec. 60.482-2, 60.482-3, 60.482-5, 60.482-6, 60.482-7, 60.482-8, 
and 60.482-10 as provided in Sec. 60.484.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least equivalent to the requirements of 
Sec. Sec. 60.482-2, 60.482-3, 60.482-5, 60.482-6, 60.482-7, 60.482-8, 
or 60.482-10, an owner or operator shall comply with the requirements of 
that determination.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of Sec. Sec. 60.482-2 to 60.482-10 if it is identified as 
required in Sec. 60.486(e)(5).
    (e) Equipment that an owner or operator designates as being in VOC 
service less than 300 hours (hr)/yr is excluded from the requirements of 
Sec. Sec. 60.482-2 through 60.482-10 if it is identified as required in 
Sec. 60.486(e)(6) and it meets any of the conditions specified in 
paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and 
shutdown, excluding startup and shutdown between batches of the same 
campaign for a batch process.
    (2) The equipment is in VOC service only during process malfunctions 
or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only 
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365 days 
during a year, an owner or operator may monitor to detect leaks from 
pumps and valves at the frequency specified in the following table 
instead of monitoring as specified in Sec. Sec. 60.482-2, 60.482-7, and 
60.483-2:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch process 
units that are subject to this subpart may be monitored at the 
frequencies specified in paragraph (f)(1) of this section, provided the 
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) of this 
section are not requirements for monitoring at specific intervals and 
can be adjusted to accommodate process operations. An owner or operator 
may monitor at any time during the specified monitoring period (e.g., 
month, quarter, year), provided the monitoring is conducted at a 
reasonable interval after completion of the last monitoring campaign. 
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv) of 
this section.
    (i) When monitoring is conducted quarterly, monitoring events must 
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2 
quarters), monitoring events must be separated by at least 60 calendar 
days.
    (iii) When monitoring is conducted in 3 quarters per year, 
monitoring events must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must 
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units, the 
process unit with the greatest annual

[[Page 531]]

amount of stored materials (predominant use) is the process unit the 
storage vessel is assigned to. If the storage vessel is shared equally 
among process units, and one of the process units has equipment subject 
to subpart VVa of this part, the storage vessel is assigned to that 
process unit. If the storage vessel is shared equally among process 
units, none of which have equipment subject to subpart VVa of this part, 
the storage vessel is assigned to any process unit subject to this 
subpart. If the predominant use of the storage vessel varies from year 
to year, then the owner or operator must estimate the predominant use 
initially and reassess every 3 years. The owner or operator must keep 
records of the information and supporting calculations that show how 
predominant use is determined. All equipment on the storage vessel must 
be monitored when in VOC service.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22608, May 30, 1984; 65 
FR 78276, Dec. 14, 2000; 72 FR 64880, Nov. 16, 2007]

    Effective Date Note: At 73 FR 31375, June 2, 2008, in Sec. 60.482-
1, paragraph (g) was stayed until further notice.



Sec. 60.482-2  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec. 60.485(b), except as 
provided in Sec. 60.482-1(c) and (f) and paragraphs (d), (e), and (f) 
of this section. A pump that begins operation in light liquid service 
after the initial startup date for the process unit must be monitored 
for the first time within 30 days after the end of its startup period, 
except for a pump that replaces a leaking pump and except as provided in 
Sec. 60.482-1(c) and (f) and paragraphs (d), (e), and (f) of this 
section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal, except as provided in Sec. 60.482-1(f).
    (b)(1) If an instrument reading of 10,000 ppm or greater is 
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump seal, 
the owner or operator shall follow the procedure specified in either 
paragraph (b)(2)(i) or (ii) of this section. This requirement does not 
apply to a pump that was monitored after a previous weekly inspection if 
the instrument reading for that monitoring event was less than 10,000 
ppm and the pump was not repaired since that monitoring event.
    (i) Monitor the pump within 5 days as specified in Sec. 60.485(b). 
If an instrument reading of 10,000 ppm or greater is measured, a leak is 
detected. The leak shall be repaired using the procedures in paragraph 
(c) of this section.
    (ii) Designate the visual indications of liquids dripping as a leak, 
and repair the leak within 15 days of detection by eliminating the 
visual indications of liquids dripping.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected. First attempts at repair include, but 
are not limited to, the practices described in paragraphs (c)(2)(i) and 
(ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (6) of this section are met.
    (1) Each dual mechanical seal system is--
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec. 
60.482-10; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.

[[Page 532]]

    (2) The barrier fluid system is in heavy liquid service or is not in 
VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4)(i) Each pump is checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump seal 
at the time of the weekly inspection, the owner or operator shall follow 
the procedure specified in either paragraph (d)(4)(ii)(A) or (B) of this 
section.
    (A) Monitor the pump within 5 days as specified in Sec. 60.485(b) 
to determine if there is a leak of VOC in the barrier fluid. If an 
instrument reading of 10,000 ppm or greater is measured, a leak is 
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section 
is checked daily or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the 
barrier fluid system, or both, based on the criterion established in 
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A) 
of this section, it shall be repaired as specified in paragraph (c) of 
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this 
section shall be repaired within 15 days of detection by eliminating the 
conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this 
section shall be repaired within 15 days of detection by eliminating 
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec. 60.486(e)(1) 
and (2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraphs (a), (c), and (d) of this section if the 
pump:
    (1) Has no externally actuated shaft penetrating the pump housing,
    (2) Is demonstrated to be operating with no detectable emissions as 
indicated by an instrument reading of less than 500 ppm above background 
as measured by the methods specified in Sec. 60.485(c), and
    (3) Is tested for compliance with paragraph (e)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (f) If any pump is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec. 60.482-10, it is exempt from paragraphs 
(a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec. 60.486(f)(1), 
as an unsafe-to-monitor pump is exempt from the monitoring and 
inspection requirements of paragraphs (a) and (d)(4) through (6) of this 
section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in paragraph (c) of this section if a leak 
is detected.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5) of this section, provided that each pump is visually 
inspected as often as practicable and at least monthly.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78276, Dec. 14, 2000; 72 FR 64880, Nov. 16, 2007]

[[Page 533]]



Sec. 60.482-3  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of VOC to the 
atmosphere, except as provided in Sec. 60.482-1(c) and paragraphs (h), 
(i), and (j) of this section.
    (b) Each compressor seal system as required in paragraph (a) shall 
be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec. 
60.482-10; or
    (3) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (c) The barrier fluid system shall be in heavy liquid service or 
shall not be in VOC service.
    (d) Each barrier fluid system as described in paragraph (a) shall be 
equipped with a sensor that will detect failure of the seal system, 
barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) shall be checked 
daily or shall be equipped with an audible alarm.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
system, or both based on the criterion determined under paragraph 
(e)(2), a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section, if it is equipped with a closed vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or fuel gas system or to a control device that complies with the 
requirements of Sec. 60.482-10, except as provided in paragraph (i) of 
this section.
    (i) Any compressor that is designated, as described in Sec. 
60.486(e) (1) and (2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a)-(h) if the compressor:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec. 60.485(c); and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (j) Any existing reciprocating compressor in a process unit which 
becomes an affected facility under provisions of Sec. 60.14 or Sec. 
60.15 is exempt from paragraphs (a) through (e) and (h) of this section, 
provided the owner or operator demonstrates that recasting the distance 
piece or replacing the compressor are the only options available to 
bring the compressor into compliance with the provisions of paragraphs 
(a) through (e) and (h) of this section.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78277, Dec. 14, 2000; 72 FR 64881, Nov. 16, 2007]



Sec. 60.482-4  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as determined by the methods specified in Sec. 60.485(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after the pressure 
release, except as provided in Sec. 60.482-9.
    (2) No later than 5 calendar days after the pressure release, the 
pressure

[[Page 534]]

relief device shall be monitored to confirm the conditions of no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background, by the methods specified in Sec. 60.485(c).
    (c) Any pressure relief device that is routed to a process or fuel 
gas system or equipped with a closed vent system capable of capturing 
and transporting leakage through the pressure relief device to a control 
device as described in Sec. 60.482-10 is exempted from the requirements 
of paragraphs (a) and (b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a new rupture disk shall be 
installed upstream of the pressure relief device as soon as practicable, 
but no later than 5 calendar days after each pressure release, except as 
provided in Sec. 60.482-9.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78277, Dec. 14, 2000]



Sec. 60.482-5  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in Sec. 
60.482-1(c) and paragraph (c) of this section.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (4) of this section.
    (1) Gases displaced during filling of the sample container are not 
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-purge 
system valve(s) and sample container valve(s) after the valves are 
closed and the sample container is disconnected are not required to be 
collected or captured.
    (4) Each closed-purge, closed-loop, or closed-vent system shall be 
designed and operated to meet requirements in either paragraph 
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a 
control device that complies with the requirements of Sec. 60.482-10.
    (iv) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (A) A waste management unit as defined in Sec. 63.111, if the waste 
management unit is subject to and operated in compliance with the 
provisions of 40 CFR part 63, subpart G, applicable to Group 1 
wastewater streams;
    (B) A treatment, storage, or disposal facility subject to regulation 
under 40 CFR part 262, 264, 265, or 266;
    (C) A facility permitted, licensed, or registered by a state to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261;
    (D) A waste management unit subject to and operated in compliance 
with the treatment requirements of Sec. 61.348(a), provided all waste 
management units that collect, store, or transport the purged process 
fluid to the treatment unit are subject to and operated in compliance 
with the management requirements of Sec. Sec. 61.343 through 61.347; or
    (E) A device used to burn off-specification used oil for energy 
recovery in accordance with 40 CFR part 279, subpart G, provided the 
purged process fluid is not hazardous waste as defined in 40 CFR part 
261.
    (c) In situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.

[60 FR 43258, Aug. 18, 1995, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78277, Dec. 14, 2000; 72 FR 64881, Nov. 16, 2007]

[[Page 535]]



Sec. 60.482-6  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in Sec. 
60.482-1(c) and paragraphs (d) and (e) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block-and-bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) at all 
other times.
    (d) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (a), (b) and (c) of this 
section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a double 
block and bleed system as specified in paragraphs (a) through (c) of 
this section are exempt from the requirements of paragraphs (a) through 
(c) of this section.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 65 
FR 78277, Dec. 14, 2000; 72 FR 64881, Nov. 16, 2007]



Sec. 60.482-7  Standards: Valves in gas/vapor service and in light
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the 
methods specified in Sec. 60.485(b) and shall comply with paragraphs 
(b) through (e) of this section, except as provided in paragraphs (f), 
(g), and (h) of this section, Sec. 60.482-1(c) and (f), and Sec. Sec. 
60.483-1 and 60.483-2.
    (2) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for the process unit must 
be monitored according to paragraphs (a)(2)(i) or (ii), except for a 
valve that replaces a leaking valve and except as provided in paragraphs 
(f), (g), and (h) of this section, Sec. 60.482-1(c), and Sec. Sec. 
60.483-1 and 60.483-2.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The 
valve must be monitored for the first time within 30 days after the end 
of its startup period to ensure proper installation.
    (ii) If the valves on the process unit are monitored in accordance 
with Sec. 60.483-1 or Sec. 60.483-2, count the new valve as leaking 
when calculating the percentage of valves leaking as described in Sec. 
60.483-2(b)(5). If less than 2.0 percent of the valves are leaking for 
that process unit, the valve must be monitored for the first time during 
the next scheduled monitoring event for existing valves in the process 
unit or within 90 days, whichever comes first.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1)(i) Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into 2 or 3 subgroups of valves and monitor each subgroup 
in a different month during the quarter, provided each subgroup is 
monitored every 3 months. The owner or operator must keep records of the 
valves assigned to each subgroup.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 60.482-9.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;

[[Page 536]]

    (3) Tightening of packing gland nuts;
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec. 
60.486(e)(2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraph (a) if the valve:
    (1) Has no external actuating mechanism in contact with the process 
fluid,
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec. 60.485(c), and
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (g) Any valve that is designated, as described in Sec. 
60.486(f)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) if:
    (1) The owner or operator of the valve demonstrates that the valve 
is unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a), and
    (2) The owner or operator of the valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec. 
60.486(f)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) if:
    (1) The owner or operator of the valve demonstrates that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface.
    (2) The process unit within which the valve is located either 
becomes an affected facility through Sec. 60.14 or Sec. 60.15 or the 
owner or operator designates less than 3.0 percent of the total number 
of valves as difficult-to-monitor, and
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22608, May 30, 1984; 65 
FR 61762, Oct. 17, 2000; 72 FR 64881, Nov. 16, 2007]



Sec. 60.482-8  Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service,

and connectors.

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pumps and valves in heavy 
liquid service, pressure relief devices in light liquid or heavy liquid 
service, and connectors, the owner or operator shall follow either one 
of the following procedures:
    (1) The owner or operator shall monitor the equipment within 5 days 
by the method specified in Sec. 60.485(b) and shall comply with the 
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak within 5 calendar 
days of detection.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. Sec. 60.482-2(c)(2) and 60.482-
7(e).

[48 CFR 48335, Oct. 18, 1983, as amended at 65 FR 78277, Dec. 14, 2000; 
72 FR 64882, Nov. 16, 2007]



Sec. 60.482-9  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if repair within 15 days is technically infeasible 
without a process unit shutdown. Repair of this equipment shall occur 
before the end of the next process unit shutdown. Monitoring to verify 
repair must occur within 15 days after startup of the process unit.
    (b) Delay of repair of equipment will be allowed for equipment which 
is isolated from the process and which does not remain in VOC service.
    (c) Delay of repair for valves will be allowed if:

[[Page 537]]

    (1) The owner or operator demonstrates that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 60.482-10.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve, if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the next process unit 
shutdown will not be allowed unless the next process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (f) When delay of repair is allowed for a leaking pump or valve that 
remains in service, the pump or valve may be considered to be repaired 
and no longer subject to delay of repair requirements if two consecutive 
monthly monitoring instrument readings are below the leak definition.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 78277, Dec. 14, 2000; 
72 FR 64882, Nov. 16, 2007]



Sec. 60.482-10  Standards: Closed vent systems and control devices.

    (a) Owners or operators of closed vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section.
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 percent 
or greater, or to an exit concentration of 20 parts per million by 
volume, on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent or to provide a minimum residence time of 0.75 seconds at a 
minimum temperature of 816 [deg]C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 60.18.
    (e) Owners or operators of control devices used to comply with the 
provisions of this subpart shall monitor these control devices to ensure 
that they are operated and maintained in conformance with their designs.
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (f)(2) of 
this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 60.485(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 60.485(b); and
    (ii) Conduct annual inspections according to the procedures in Sec. 
60.485(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practicable except as provided in paragraph 
(h) of this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.

[[Page 538]]

    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements of 
paragraphs (f)(1)(i) and (f)(2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe to inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified in 
paragraphs (j)(1) and (j)(2) of this section:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs (f)(1)(i) 
or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult to inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified in 
paragraphs (k)(1) through (k)(3) of this section:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
becomes an affected facility through Sec. Sec. 60.14 or 60.15, or the 
owner or operator designates less than 3.0 percent of the total number 
of closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (l)(5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe to inspect, an explanation of why the equipment is 
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult to inspect, an explanation of why the equipment 
is difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record of 
the information specified in Sec. 60.486(c).
    (4) For each inspection conducted in accordance with Sec. 60.485(b) 
during which no leaks are detected, a record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are detected, 
a record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.

[48 FR 48335, Oct. 18, 1983, as amended at 51 FR 2702, Jan. 21, 1986; 60 
FR 43258, Aug. 18, 1995; 61 FR 29878, June 12, 1996; 65 FR 78277, Dec. 
14, 2000]



Sec. 60.483-1  Alternative standards for valves--allowable percentage
of valves leaking.

    (a) An owner or operator may elect to comply with an allowable 
percentage of valves leaking of equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator 
wishes to comply with an allowable percentage of valves leaking:

[[Page 539]]

    (1) An owner or operator must notify the Administrator that the 
owner or operator has elected to comply with the allowable percentage of 
valves leaking before implementing this alternative standard, as 
specified in Sec. 60.487(d).
    (2) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 60.482-7(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in gas/vapor and light liquid service within the 
affected facility shall be monitored within 1 week by the methods 
specified in Sec. 60.485(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves for which leaks are detected by the number of valves in gas/
vapor and light liquid service within the affected facility.
    (d) Owners and operators who elect to comply with this alternative 
standard shall not have an affected facility with a leak percentage 
greater than 2.0 percent, determined as described in Sec. 60.485(h).

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78278, Dec. 14, 2000; 72 FR 64882, Nov. 16, 2007]



Sec. 60.483-2  Alternative standards for valves--skip period leak
detection and repair.

    (a)(1) An owner or operator may elect to comply with one of the 
alternative work practices specified in paragraphs (b)(2) and (3) of 
this section.
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec. 60.487(d).
    (b)(1) An owner or operator shall comply initially with the 
requirements for valves in gas/vapor service and valves in light liquid 
service, as described in Sec. 60.482-7.
    (2) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 1 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (3) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 3 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (4) If the percent of valves leaking is greater than 2.0, the owner 
or operator shall comply with the requirements as described in Sec. 
60.482-7 but can again elect to use this section.
    (5) The percent of valves leaking shall be determined as described 
in Sec. 60.485(h).
    (6) An owner or operator must keep a record of the percent of valves 
found leaking during each leak detection period.
    (7) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for a process unit 
following one of the alternative standards in this section must be 
monitored in accordance with Sec. 60.482-7(a)(2)(i) or (ii) before the 
provisions of this section can be applied to that valve.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78278, Dec. 14, 2000; 72 FR 64882, Nov. 16, 2007]



Sec. 60.484  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
may apply to the Administrator for determination of equivalence for any 
means of emission limitation that achieves a reduction in emissions of 
VOC at least equivalent to the reduction in emissions of VOC achieved by 
the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and 
operational requirements of this subpart will be evaluated by the 
following guidelines:
    (1) Each owner or operator applying for an equivalence determination 
shall be responsible for collecting and verifying test data to 
demonstrate equivalence of means of emission limitation.

[[Page 540]]

    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the equipment, design, and 
operational requirements.
    (c) Determination of equivalence to the required work practices in 
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate equivalence of an equivalent means of emission 
limitation.
    (2) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of 
equivalence is requested, the emission reduction achieved by the 
equivalent means of emission limitation shall be demonstrated.
    (4) Each owner or operator applying for a determination of 
equivalence shall commit in writing to work practice(s) that provide for 
emission reductions equal to or greater than the emission reductions 
achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission 
reduction for the equivalent means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (c)(4).
    (6) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is received, 
the Administrator will publish a notice in the Federal Register and 
provide the opportunity for public hearing if the Administrator judges 
that the request may be approved.
    (2) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent means of emission limitations approved under this 
section shall constitute a required work practice, equipment, design, or 
operational standard within the meaning of section 111(h)(1) of the 
Clean Air Act.
    (f)(1) Manufacturers of equipment used to control equipment leaks of 
VOC may apply to the Administrator for determination of equivalence for 
any equivalent means of emission limitation that achieves a reduction in 
emissions of VOC achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will make an equivalence determination 
according to the provisions of paragraphs (b), (c), (d), and (e) of this 
section.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
72 FR 64882, Nov. 16, 2007]



Sec. 60.485  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
standards in Sec. Sec. 60.482-1 through 60.482-10, 60.483, and 60.484 
as follows:
    (1) Method 21 shall be used to determine the presence of leaking 
sources. The instrument shall be calibrated before use each day of its 
use by the procedures specified in Method 21. The following calibration 
gases shall be used:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
about, but less than, 10,000 ppm methane or n-hexane.

[[Page 541]]

    (c) The owner or operator shall determine compliance with the no 
detectable emission standards in Sec. Sec. 60.482-2(e), 60.482-3(i), 
60.482-4, 60.482-7(f), and 60.482-10(e) as follows:
    (1) The requirements of paragraph (b) shall apply.
    (2) Method 21 shall be used to determine the background level. All 
potential leak interfaces shall be traversed as close to the interface 
as possible. The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (d) The owner or operator shall test each piece of equipment unless 
he demonstrates that a process unit is not in VOC service, i.e., that 
the VOC content would never be reasonably expected to exceed 10 percent 
by weight. For purposes of this demonstration, the following methods and 
procedures shall be used:
    (1) Procedures that conform to the general methods in ASTM E260-73, 
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by 
reference--see Sec. 60.17) shall be used to determine the percent VOC 
content in the process fluid that is contained in or contacts a piece of 
equipment.
    (2) Organic compounds that are considered by the Administrator to 
have negligible photochemical reactivity may be excluded from the total 
quantity of organic compounds in determining the VOC content of the 
process fluid.
    (3) Engineering judgment may be used to estimate the VOC content, if 
a piece of equipment had not been shown previously to be in service. If 
the Administrator disagrees with the judgment, paragraphs (d) (1) and 
(2) of this section shall be used to resolve the disagreement.
    (e) The owner or operator shall demonstrate that a piece of 
equipment is in light liquid service by showing that all the following 
conditions apply:
    (1) The vapor pressure of one or more of the organic components is 
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68 [deg]F). 
Standard reference texts or ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec. 60.17) shall be used to determine the vapor 
pressures.
    (2) The total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O 
at 68 [deg]F) is equal to or greater than 20 percent by weight.
    (3) The fluid is a liquid at operating conditions.
    (f) Samples used in conjunction with paragraphs (d), (e), and (g) of 
this section shall be representative of the process fluid that is 
contained in or contacts the equipment or the gas being combusted in the 
flare.
    (g) The owner or operator shall determine compliance with the 
standards of flares as follows:
    (1) Method 22 shall be used to determine visible emissions.
    (2) A thermocouple or any other equivalent device shall be used to 
monitor the presence of a pilot flame in the flare.
    (3) The maximum permitted velocity for air assisted flares shall be 
computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.016

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec)
HT = Net heating value of the gas being combusted, MJ/scm 
(Btu/scf).
K1 = 8.706 m/sec (metric units)
 = 28.56 ft/sec (English units)
K2 = 0.7084 m\4\/(MJ-sec) (metric units)
= 0.087 ft\4\/(Btu-sec) (English units)

    (4) The net heating value (HT) of the gas being combusted 
in a flare shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16NO07.039

Where:

K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/(ppm-
scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-mole)(Btu)/
(ppm-scf-kcal)] (English units)
Ci = Concentration of sample component ``i,'' ppm
Hi = Net heat of combustion of sample component ``i'' at 25 
[deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole

    (5) Method 18 or ASTM D6420-99 (2004) (where the target compound(s) 
are those listed in Section 1.1 of ASTM D6420-99, and the target 
concentration

[[Page 542]]

is between 150 parts per billion by volume and 100 parts per million by 
volume) and ASTM D2504-67, 77 or 88 (Reapproved 1993) (incorporated by 
reference--see Sec. 60.17) shall be used to determine the concentration 
of sample component ``i.''
    (6) ASTM D2382-76 or 88 or D4809-95 (incorporated by reference--see 
Sec. 60.17) shall be used to determine the net heat of combustion of 
component ``i'' if published values are not available or cannot be 
calculated.
    (7) Method 2, 2A, 2C, or 2D, as appropriate, shall be used to 
determine the actual exit velocity of a flare. If needed, the 
unobstructed (free) cross-sectional area of the flare tip shall be used.
    (h) The owner or operator shall determine compliance with Sec. 
60.483-1 or Sec. 60.483-2 as follows:
    (1) The percent of valves leaking shall be determined using the 
following equation:

%VL = (VL/VT) * 100

Where:

%VL = Percent leaking valves
VL = Number of valves found leaking
VT = The sum of the total number of valves monitored

    (2) The total number of valves monitored shall include difficult-to-
monitor and unsafe-to-monitor valves only during the monitoring period 
in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which 
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being 
placed in service shall be included in the number of valves leaking and 
the total number of valves monitored for the monitoring period in which 
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with Sec. 
60.482-7(c)(1)(ii), the sum of valves found leaking during a monitoring 
period includes all subgroups.
    (6) The total number of valves monitored does not include a valve 
monitored to verify repair.

[54 FR 6678, Feb. 14, 1989, as amended at 54 FR 27016, June 27, 1989; 65 
FR 61763, Oct. 17, 2000; 72 FR 64882, Nov. 16, 2007]



Sec. 60.486  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one affected facility subject 
to the provisions of this subpart may comply with the recordkeeping 
requirements for these facilities in one recordkeeping system if the 
system identifies each record by each facility.
    (b) When each leak is detected as specified in Sec. Sec. 60.482-2, 
60.482-3, 60.482-7, 60.482-8, and 60.483-2, the following requirements 
apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec. 60.482-7(c) and 
no leak has been detected during those 2 months.
    (3) The identification on equipment except on a valve, may be 
removed after it has been repaired.
    (c) When each leak is detected as specified in Sec. Sec. 60.482-2, 
60.482-3, 60.482-7, 60.482-8, and 60.483-2, the following information 
shall be recorded in a log and shall be kept for 2 years in a readily 
accessible location:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (3) Repair methods applied in each attempt to repair the leak.
    (4) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec. 60.485(a) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (6) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (7) The expected date of successful repair of the leak if a leak is 
not repaired within 15 days.

[[Page 543]]

    (8) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (9) The date of successful repair of the leak.
    (d) The following information pertaining to the design requirements 
for closed vent systems and control devices described in Sec. 60.482-10 
shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (3) A description of the parameter or parameters monitored, as 
required in Sec. 60.482-10(e), to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (4) Periods when the closed vent systems and control devices 
required in Sec. Sec. 60.482-2, 60.482-3, 60.482-4, and 60.482-5 are 
not operated as designed, including periods when a flare pilot light 
does not have a flame.
    (5) Dates of startups and shutdowns of the closed vent systems and 
control devices required in Sec. Sec. 60.482-2, 60.482-3, 60.482-4, and 
60.482-5.
    (e) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec. 60.482-1 to 60.482-10 shall be recorded 
in a log that is kept in a readily accessible location:
    (1) A list of identification numbers for equipment subject to the 
requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of 
Sec. Sec. 60.482-2(e), 60.482-3(i) and 60.482-7(f).
    (ii) The designation of equipment as subject to the requirements of 
Sec. 60.482-2(e), Sec. 60.482-3(i), or Sec. 60.482-7(f) shall be 
signed by the owner or operator. Alternatively, the owner or operator 
may establish a mechanism with their permitting authority that satisfies 
this requirement.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 60.482-4.
    (4)(i) The dates of each compliance test as required in Sec. Sec. 
60.482-2(e), 60.482-3(i), 60.482-4, and 60.482-7(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) A list of identification numbers for equipment that the owner or 
operator designates as operating in VOC service less than 300 hr/yr in 
accordance with Sec. 60.482-1(e), a description of the conditions under 
which the equipment is in VOC service, and rationale supporting the 
designation that it is in VOC service less than 300 hr/yr.
    (f) The following information pertaining to all valves subject to 
the requirements of Sec. 60.482-7(g) and (h) and to all pumps subject 
to the requirements of Sec. 60.482-2(g) shall be recorded in a log that 
is kept in a readily accessible location:
    (1) A list of identification numbers for valves and pumps that are 
designated as unsafe-to-monitor, an explanation for each valve or pump 
stating why the valve or pump is unsafe-to-monitor, and the plan for 
monitoring each valve or pump.
    (2) A list of identification numbers for valves that are designated 
as difficult-to-monitor, an explanation for each valve stating why the 
valve is difficult-to-monitor, and the schedule for monitoring each 
valve.
    (g) The following information shall be recorded for valves complying 
with Sec. 60.483-2:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (h) The following information shall be recorded in a log that is 
kept in a readily accessible location:
    (1) Design criterion required in Sec. Sec. 60.482-2(d)(5) and 
60.482-3(e)(2) and explanation of the design criterion; and
    (2) Any changes to this criterion and the reasons for the changes.
    (i) The following information shall be recorded in a log that is 
kept in a readily accessible location for use in determining exemptions 
as provided in Sec. 60.480(d):

[[Page 544]]

    (1) An analysis demonstrating the design capacity of the affected 
facility,
    (2) A statement listing the feed or raw materials and products from 
the affected facilities and an analysis demonstrating whether these 
chemicals are heavy liquids or beverage alcohol, and
    (3) An analysis demonstrating that equipment is not in VOC service.
    (j) Information and data used to demonstrate that a piece of 
equipment is not in VOC service shall be recorded in a log that is kept 
in a readily accessible location.
    (k) The provisions of Sec. 60.7 (b) and (d) do not apply to 
affected facilities subject to this subpart.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61763, Oct. 17, 2000; 
65 FR 78278, Dec. 14, 2000; 72 FR 64883, Nov. 16, 2007]



Sec. 60.487  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall submit semiannual reports to the Administrator beginning six 
months after the initial startup date.
    (b) The initial semiannual report to the Administrator shall include 
the following information:
    (1) Process unit identification.
    (2) Number of valves subject to the requirements of Sec. 60.482-7, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec. 60.482-7(f).
    (3) Number of pumps subject to the requirements of Sec. 60.482-2, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec. 60.482-2(e) and those pumps complying with Sec. 
60.482-2(f).
    (4) Number of compressors subject to the requirements of Sec. 
60.482-3, excluding those compressors designated for no detectable 
emissions under the provisions of Sec. 60.482-3(i) and those 
compressors complying with Sec. 60.482-3(h).
    (c) All semiannual reports to the Administrator shall include the 
following information, summarized from the information in Sec. 60.486:
    (1) Process unit identification.
    (2) For each month during the semiannual reporting period,
    (i) Number of valves for which leaks were detected as described in 
Sec. 60.482-7(b) or Sec. 60.483-2,
    (ii) Number of valves for which leaks were not repaired as required 
in Sec. 60.482-7(d)(1),
    (iii) Number of pumps for which leaks were detected as described in 
Sec. 60.482-2(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec. 60.482-2(c)(1) and (d)(6),
    (v) Number of compressors for which leaks were detected as described 
in Sec. 60.482-3(f),
    (vi) Number of compressors for which leaks were not repaired as 
required in Sec. 60.482-3(g)(1), and
    (vii) The facts that explain each delay of repair and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (3) Dates of process unit shutdowns which occurred within the 
semiannual reporting period.
    (4) Revisions to items reported according to paragraph (b) if 
changes have occurred since the initial report or subsequent revisions 
to the initial report.
    (d) An owner or operator electing to comply with the provisions of 
Sec. Sec. 60.483-1 or 60.483-2 shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (e) An owner or operator shall report the results of all performance 
tests in accordance with Sec. 60.8 of the General Provisions. The 
provisions of Sec. 60.8(d) do not apply to affected facilities subject 
to the provisions of this subpart except that an owner or operator must 
notify the Administrator of the schedule for the initial performance 
tests at least 30 days before the initial performance tests.
    (f) The requirements of paragraphs (a) through (c) of this section 
remain in force until and unless EPA, in delegating enforcement 
authority to a State under section 111(c) of the Act, approves reporting 
requirements or an alternative means of compliance surveillance adopted 
by such State. In that event, affected sources within the State will be 
relieved of the obligation to comply with the requirements of paragraphs 
(a) through (c) of this section, provided that they comply with

[[Page 545]]

the requirements established by the State.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22608, May 30, 1984; 65 
FR 61763, Oct. 17, 2000; 72 FR 64883, Nov. 16, 2007]



Sec. 60.488  Reconstruction.

    For the purposes of this subpart:
    (a) The cost of the following frequently replaced components of the 
facility shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital costs that 
would be required to construct a comparable new facility'' under Sec. 
60.15: pump seals, nuts and bolts, rupture disks, and packings.
    (b) Under Sec. 60.15, the ``fixed capital cost of new components'' 
includes the fixed capital cost of all depreciable components (except 
components specified in Sec. 60.488 (a)) which are or will be replaced 
pursuant to all continuous programs of component replacement which are 
commenced within any 2-year period following the applicability date for 
the appropriate subpart. (See the ``Applicability and designation of 
affected facility'' section of the appropriate subpart.) For purposes of 
this paragraph, ``commenced'' means that an owner or operator has 
undertaken a continuous program of component replacement or that an 
owner or operator has entered into a contractual obligation to undertake 
and complete, within a reasonable time, a continuous program of 
component replacement.

[49 FR 22608, May 30, 1984]



Sec. 60.489  List of chemicals produced by affected facilities.

    The following chemicals are produced, as intermediates or final 
products, by process units covered under this subpart. The applicability 
date for process units producing one or more of these chemicals is 
January 5, 1981.

------------------------------------------------------------------------
              CAS No. a                            Chemical
------------------------------------------------------------------------
105-57-7............................  Acetal.
75-07-0.............................  Acetaldehyde.
107-89-1............................  Acetaldol.
60-35-5.............................  Acetamide.
103-84-4............................  Acetanilide.
64-19-7.............................  Acetic acid.
108-24-7............................  Acetic anhydride.
67-64-1.............................  Acetone.
75-86-5.............................  Acetone cyanohydrin.
75-05-8.............................  Acetonitrile.
98-86-2.............................  Acetophenone.
75-36-5.............................  Acetyl chloride.
74-86-2.............................  Acetylene.
107-02-8............................  Acrolein.
79-06-1.............................  Acrylamide.
79-10-7.............................  Acrylic acid.
107-13-1............................  Acrylonitrile.
124-04-9............................  Adipic acid.
111-69-3............................  Adiponitrile.
(b).................................  Alkyl naphthalenes.
107-18-6............................  Allyl alcohol.
107-05-1............................  Allyl chloride.
1321-11-5...........................  Aminobenzoic acid.
111-41-1............................  Aminoethylethanolamine.
123-30-8............................  p-Aminophenol.
628-63-7, 123-92-2..................  Amyl acetates.
71-41-0 c...........................  Amyl alcohols.
110-58-7............................  Amyl amine.
543-59-9............................  Amyl chloride.
110-66-7 c..........................  Amyl mercaptans.
1322-06-1...........................  Amyl phenol.
62-53-3.............................  Aniline.
142-04-1............................  Aniline hydrochloride.
29191-52-4..........................  Anisidine.
100-66-3............................  Anisole.
118-92-3............................  Anthranilic acid.
84-65-1.............................  Anthraquinone.
100-52-7............................  Benzaldehyde.
55-21-0.............................  Benzamide.
71-43-2.............................  Benzene.
98-48-6.............................  Benzenedisulfonic acid.
98-11-3.............................  Benzenesulfonic acid.
134-81-6............................  Benzil.
76-93-7.............................  Benzilic acid.
65-85-0.............................  Benzoic acid.
119-53-9............................  Benzoin.
100-47-0............................  Benzonitrile.
119-61-9............................  Benzophenone.
98-07-7.............................  Benzotrichloride.
98-88-4.............................  Benzoyl chloride.
100-51-6............................  Benzyl alcohol.
100-46-9............................  Benzylamine.
120-51-4............................  Benzyl benzoate.
100-44-7............................  Benzyl chloride.
98-87-3.............................  Benzyl dichloride.
92-52-4.............................  Biphenyl.
80-05-7.............................  Bisphenol A.
10-86-1.............................  Bromobenzene.
27497-51-4..........................  Bromonaphthalene.
106-99-0............................  Butadiene.
106-98-9............................  1-butene.
123-86-4............................  n-butyl acetate.
141-32-2............................  n-butyl acrylate.
71-36-3.............................  n-butyl alcohol.
78-92-2.............................  s-butyl alcohol.
75-65-0.............................  t-butyl alcohol.
109-73-9............................  n-butylamine.
13952-84-6..........................  s-butylamine.
75-64-9.............................  t-butylamine.
98-73-7.............................  p-tert-butyl benzoic acid.
107-88-0............................  1,3-butylene glycol.
123-72-8............................  n-butyraldehyde.
107-92-6............................  Butyric acid.
106-31-0............................  Butyric anhydride.
109-74-0............................  Butyronitrile.
105-60-2............................  Caprolactam.
75-1-50.............................  Carbon disulfide.
558-13-4............................  Carbon tetrabromide.
56-23-5.............................  Carbon tetrachloride.
9004-35-7...........................  Cellulose acetate.
79-11-8.............................  Chloroacetic acid.
108-42-9............................  m-chloroaniline.
95-51-2.............................  o-chloroaniline.
106-47-8............................  p-chloroaniline.

[[Page 546]]

 
35913-09-8..........................  Chlorobenzaldehyde.
108-90-7............................  Chlorobenzene.
118-91-2, 535-80-8, 74-11-3 c.......  Chlorobenzoic acid.
2136-81-4, 2136-89-2, 5216-25-1c....  Chlorobenzotrichloride.
1321-03-5...........................  Chlorobenzoyl chloride.
25497-29-4..........................  Chlorodifluoromethane.
75-45-6.............................  Chlorodifluoroethane.
67-66-3.............................  Chloroform.
25586-43-0..........................  Chloronaphthalene.
88-73-3.............................  o-chloronitrobenzene.
100-00-5............................  p-chloronitrobenzene.
25167-80-0..........................  Chlorophenols.
126-99-8............................  Chloroprene.
7790-94-5...........................  Chlorosulfonic acid.
108-41-8............................  m-chlorotoluene.
95-49-8.............................  o-chlorotoluene.
106-43-4............................  p-chlorotoluene.
75-72-9.............................  Chlorotrifluoromethane.
108-39-4............................  m-cresol.
95-48-7.............................  o-cresol.
106-44-5............................  p-cresol.
1319-77-3...........................  Mixed cresols.
1319-77-3...........................  Cresylic acid.
4170-30-0...........................  Crotonaldehyde.
3724-65-0...........................  Crotonic acid.
98-82-8.............................  Cumene.
80-15-9.............................  Cumene hydroperoxide.
372-09-8............................  Cyanoacetic acid.
506-77-4............................  Cyanogen chloride.
108-80-5............................  Cyanuric acid.
108-77-0............................  Cyanuric chloride.
110-82-7............................  Cyclohexane.
108-93-0............................  Cyclohexanol.
108-94-1............................  Cyclohexanone.
110-83-8............................  Cyclohexene.
108-91-8............................  Cyclohexylamine.
111-78-4............................  Cyclooctadiene.
112-30-1............................  Decanol.
123-42-2............................  Diacetone alcohol.
27576-04-1..........................  Diaminobenzoic acid.
95-76-1, 95-82-9, 554-00-7, 608-27-   Dichloroaniline.
 5, 608-31-1, 626-43-7, 27134-27-6,
 57311-92-9 c.
541-73-1............................  m-dichlorobenzene.
95-50-1.............................  o-dichlorobenzene.
106-46-7............................  p-dichlorobenzene.
75-71-8.............................  Dichlorodifluoromethane.
111-44-4............................  Dichloroethyl ether.
107-06-2............................  1,2-dichloroethane (EDC).
96-23-1.............................  Dichlorohydrin.
26952-23-8..........................  Dichloropropene.
101-83-7............................  Dicyclohexylamine.
109-89-7............................  Diethylamine.
111-46-6............................  Diethylene glycol.
112-36-7............................  Diethylene glycol diethyl ether.
111-96-6............................  Diethylene glycol dimethyl ether.
112-34-5............................  Diethylene glycol monobutyl ether.
124-17-4............................  Diethylene glycol monobutyl ether
                                       acetate.
111-90-0............................  Diethylene glycol monoethyl ether.
112-15-2............................  Diethylene glycol monoethyl ether
                                       acetate.
111-77-3............................  Diethylene glycol monomethyl
                                       ether.
64-67-5.............................  Diethyl sulfate.
75-37-6.............................  Difluoroethane.
25167-70-8..........................  Diisobutylene.
26761-40-0..........................  Diisodecyl phthalate.
27554-26-3..........................  Diisooctyl phthalate.
674-82-8............................  Diketene.
124-40-3............................  Dimethylamine.
121-69-7............................  N,N-dimethylaniline.
115-10-6............................  N,N-dimethyl ether.
68-12-2.............................  N,N-dimethylformamide.
57-14-7.............................  Dimethylhydrazine.
77-78-1.............................  Dimethyl sulfate.
75-18-3.............................  Dimethyl sulfide.
67-68-5.............................  Dimethyl sulfoxide.
120-61-6............................  Dimethyl terephthalate.
99-34-3.............................  3,5-dinitrobenzoic acid.
51-28-5.............................  Dinitrophenol.
25321-14-6..........................  Dinitrotoluene.
123-91-1............................  Dioxane.
646-06-0............................  Dioxilane.
122-39-4............................  Diphenylamine.
101-84-8............................  Diphenyl oxide.
102-08-9............................  Diphenyl thiourea.
25265-71-8..........................  Dipropylene glycol.
25378-22-7..........................  Dodecene.
28675-17-4..........................  Dodecylaniline.
27193-86-8..........................  Dodecylphenol.
106-89-8............................  Epichlorohydrin.
64-17-5.............................  Ethanol.
141-43-5 c..........................  Ethanolamines.
141-78-6............................  Ethyl acetate.
141-97-9............................  Ethyl acetoacetate.
140-88-5............................  Ethyl acrylate.
75-04-7.............................  Ethylamine.
100-41-4............................  Ethylbenzene.
74-96-4.............................  Ethyl bromide.
9004-57-3...........................  Ethylcellulose.
75-00-3.............................  Ethyl chloride.
105-39-5............................  Ethyl chloroacetate.
105-56-6............................  Ethylcyanoacetate.
74-85-1.............................  Ethylene.
96-49-1.............................  Ethylene carbonate.
107-07-3............................  Ethylene chlorohydrin.
107-15-3............................  Ethylenediamine.
106-93-4............................  Ethylene dibromide.
107-21-1............................  Ethylene glycol.
111-55-7............................  Ethylene glycol diacetate.
110-71-4............................  Ethylene glycol dimethyl ether.
111-76-2............................  Ethylene glycol monobutyl ether.
112-07-2............................  Ethylene glycol monobutyl ether
                                       acetate.
110-80-5............................  Ethylene glycol monoethyl ether.
111-15-9............................  Ethylene glycol monethyl ether
                                       acetate.
109-86-4............................  Ethylene glycol monomethyl ether.
110-49-6............................  Ethylene glycol monomethyl ether
                                       acetate.
122-99-6............................  Ethylene glycol monophenyl ether.
2807-30-9...........................  Ethylene glycol monopropyl ether.
75-21-8.............................  Ethylene oxide.
60-29-7.............................  Ethyl ether
104-76-7............................  2-ethylhexanol.
122-51-0............................  Ethyl orthoformate.
95-92-1.............................  Ethyl oxalate.
41892-71-1..........................  Ethyl sodium oxalacetate.
50-00-0.............................  Formaldehyde.
75-12-7.............................  Formamide.
64-18-6.............................  Formic acid.
110-17-8............................  Fumaric acid.
98-01-1.............................  Furfural.
56-81-5.............................  Glycerol.
26545-73-7..........................  Glycerol dichlorohydrin.
25791-96-2..........................  Glycerol triether.
56-40-6.............................  Glycine.
107-22-2............................  Glyoxal.
118-74-1............................  Hexachlorobenzene.
67-72-1.............................  Hexachloroethane.
36653-82-4..........................  Hexadecyl alcohol.
124-09-4............................  Hexamethylenediamine.

[[Page 547]]

 
629-11-8............................  Hexamethylene glycol.
100-97-0............................  Hexamethylenetetramine.
74-90-8.............................  Hydrogen cyanide.
123-31-9............................  Hydroquinone.
99-96-7.............................  p-hydroxybenzoic acid.
26760-64-5..........................  Isoamylene.
78-83-1.............................  Isobutanol.
110-19-0............................  Isobutyl acetate.
115-11-7............................  Isobutylene.
78-84-2.............................  Isobutyraldehyde.
79-31-2.............................  Isobutyric acid.
25339-17-7..........................  Isodecanol.
26952-21-6..........................  Isooctyl alcohol.
78-78-4.............................  Isopentane.
78-59-1.............................  Isophorone.
121-91-5............................  Isophthalic acid.
78-79-5.............................  Isoprene.
67-63-0.............................  Isopropanol.
108-21-4............................  Isopropyl acetate.
75-31-0.............................  Isopropylamine.
75-29-6.............................  Isopropyl chloride.
25168-06-3..........................  Isopropylphenol.
463-51-4............................  Ketene.
(b).................................  Linear alkyl sulfonate.
123-01-3............................  Linear alkylbenzene (linear
                                       dodecylbenzene).
110-16-7............................  Maleic acid.
108-31-6............................  Maleic anhydride.
6915-15-7...........................  Malic acid.
141-79-7............................  Mesityl oxide.
121-47-1............................  Metanilic acid.
79-41-4.............................  Methacrylic acid.
563-47-3............................  Methallyl chloride.
67-56-1.............................  Methanol.
79-20-9.............................  Methyl acetate.
105-45-3............................  Methyl acetoacetate.
74-89-5.............................  Methylamine.
100-61-8............................  n-methylaniline.
74-83-9.............................  Methyl bromide.
37365-71-2..........................  Methyl butynol.
74-87-3.............................  Methyl chloride.
108-87-2............................  Methylcyclohexane.
1331-22-2...........................  Methylcyclohexanone.
75-09-2.............................  Methylene chloride.
101-77-9............................  Methylene dianiline.
101-68-8............................  Methylene diphenyl diisocyanate.
78-93-3.............................  Methyl ethyl ketone.
107-31-3............................  Methyl formate.
108-11-2............................  Methyl isobutyl carbinol.
108-10-1............................  Methyl isobutyl ketone.
80-62-6.............................  Methyl methacrylate.
77-75-8.............................  Methylpentynol.
98-83-9.............................  a-methylstyrene.
110-91-8............................  Morpholine.
85-47-2.............................  a-naphthalene sulfonic acid.
120-18-3............................  b-naphthalene sulfonic acid.
90-15-3.............................  a-naphthol.
135-19-3............................  b-naphthol.
75-98-9.............................  Neopentanoic acid.
88-74-4.............................  o-nitroaniline.
100-01-6............................  p-nitroaniline.
91-23-6.............................  o-nitroanisole.
100-17-4............................  p-nitroanisole.
98-95-3.............................  Nitrobenzene.
27178-83-2c.........................  Nitrobenzoic acid (o,m, and p).
79-24-3.............................  Nitroethane.
75-52-5.............................  Nitromethane.
88-75-5.............................  2-Nitrophenol.
25322-01-4..........................  Nitropropane.
1321-12-6...........................  Nitrotoluene.
27215-95-8..........................  Nonene.
25154-52-3..........................  Nonylphenol.
27193-28-8..........................  Octylphenol.
123-63-7............................  Paraldehyde.
115-77-5............................  Pentaerythritol.
109-66-0............................  n-pentane.
109-67-1............................  1-pentene
127-18-4............................  Perchloroethylene.
594-42-3............................  Perchloromethyl mercaptan.
94-70-2.............................  o-phenetidine.
156-43-4............................  p-phenetidine.
108-95-2............................  Phenol.
98-67-9, 585-38-6, 609-46-1, 1333-39- Phenolsulfonic acids.
 7 c.
91-40-7.............................  Phenyl anthranilic acid.
(b).................................  Phenylenediamine.
75-44-5.............................  Phosgene.
85-44-9.............................  Phthalic anhydride.
85-41-6.............................  Phthalimide.
108-99-6............................  b-picoline.
110-85-0............................  Piperazine.
9003-29-6, 25036-29-7c..............  Polybutenes.
25322-68-3..........................  Polyethylene glycol.
25322-69-4..........................  Polypropylene glycol.
123-38-6............................  Propionaldehyde.
79-09-4.............................  Propionic acid.
71-23-8.............................  n-propyl alcohol.
107-10-8............................  Propylamine.
540-54-5............................  Propyl chloride.
115-07-1............................  Propylene.
127-00-4............................  Propylene chlorohydrin.
78-87-5.............................  Propylene dichloride.
57-55-6.............................  Propylene glycol.
75-56-9.............................  Propylene oxide.
110-86-1............................  Pyridine.
106-51-4............................  Quinone.
108-46-3............................  Resorcinol.
27138-57-4..........................  Resorcylic acid.
69-72-7.............................  Salicylic acid.
127-09-3............................  Sodium acetate.
532-32-1............................  Sodium benzoate.
9004-32-4...........................  Sodium carboxymethyl cellulose.
3926-62-3...........................  Sodium chloroacetate.
141-53-7............................  Sodium formate.
139-02-6............................  Sodium phenate.
110-44-1............................  Sorbic acid.
100-42-5............................  Styrene.
110-15-6............................  Succinic acid.
110-61-2............................  Succinonitrile.
121-57-3............................  Sulfanilic acid.
126-33-0............................  Sulfolane.
1401-55-4...........................  Tannic acid.
100-21-0............................  Terephthalic acid.
79-34-5 c...........................  Tetrachloroethanes.
117-08-8............................  Tetrachlorophthalic anhydride.
78-00-2.............................  Tetraethyl lead.
119-64-2............................  Tetrahydronaphthalene.
85-43-8.............................  Tetrahydrophthalic anhydride.
75-74-1.............................  Tetramethyl lead.
110-60-1............................  Tetramethylenediamine.
110-18-9............................  Tetramethylethylenediamine.
108-88-3............................  Toluene.
95-80-7.............................  Toluene-2,4-diamine.
584-84-9............................  Toluene-2,4-diisocyanate.
26471-62-5..........................  Toluene diisocyanates (mixture).
1333-07-9...........................  Toluenesulfonamide.
104-15-4 c..........................  Toluenesulfonic acids.
98-59-9.............................  Toluenesulfonyl chloride.
26915-12-8..........................  Toluidines.
87-61-6, 108-70-3, 120-82-1 c.......  Trichlorobenzenes.
71-55-6.............................  1,1,1-trichloroethane.
79-00-5.............................  1,1,2-trichloroethane.
79-01-6.............................  Trichloroethylene.
75-69-4.............................  Trichlorofluoromethane.

[[Page 548]]

 
96-18-4.............................  1,2,3-trichloropropane.
76-13-1.............................  1,1,2-trichloro-1,2,2-
                                       trifluoroethane.
121-44-8............................  Triethylamine.
112-27-6............................  Triethylene glycol.
112-49-2............................  Triethylene glycol dimethyl ether.
7756-94-7...........................  Triisobutylene.
75-50-3.............................  Trimethylamine.
57-13-6.............................  Urea.
108-05-4............................  Vinyl acetate.
75-01-4.............................  Vinyl chloride.
75-35-4.............................  Vinylidene chloride.
25013-15-4..........................  Vinyl toluene.
1330-20-7...........................  Xylenes (mixed).
95-47-6.............................  o-xylene.
106-42-3............................  p-xylene.
1300-71-6...........................  Xylenol.
1300-73-8...........................  Xylidine.
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Registry numbers assigned
  to specific chemicals, isomers, or mixtures of chemicals. Some isomers
  or mixtures that are covered by the standards do not have CAS numbers
  assigned to them. The standards apply to all of the chemicals listed,
  whether CAS numbers have been assigned or not.
b No CAS number(s) have been assigned to this chemical, its isomers, or
  mixtures containing these chemicals.
c CAS numbers for some of the isomers are listed; the standards apply to
  all of the isomers and mixtures, even if CAS numbers have not been
  assigned.


[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



 Subpart VVa_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for Which 
 Construction, Reconstruction, or Modification Commenced After November 
                                 7, 2006

    Source: 72 FR 64883, Nov. 16, 2007, unless otherwise noted.



Sec. 60.480a  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec. 60.481a) within a 
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after November 
7, 2006, shall be subject to the requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the 
exemptions in this paragraph, then the owner or operator shall maintain 
records as required in Sec. 60.486a(i).
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec. 
60.489 is exempt from Sec. Sec. 60.482-1a through 60.482-11a.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec. 60.482-1a through 60.482-11a.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec. 60.482-1a through 60.482-11a.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec. 60.482-1a through 
60.482-11a.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. (i) Owners or operators may choose to comply with the provisions of 
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec. 
60.482-1a through 60.487a for an affected facility. When choosing to 
comply with 40 CFR part 65, subpart F, the requirements of Sec. Sec. 
60.485a(d), (e), and (f), and 60.486a(i) and (j) still apply. Other 
provisions applying to an owner or operator who chooses to comply with 
40 CFR part 65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 65, subpart F, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who choose 
to comply with 40 CFR part 65, subpart F, must comply with 40 CFR part 
65, subpart A.
    (2) Part 63, subpart H. (i) Owners or operators may choose to comply 
with the provisions of 40 CFR part 63, subpart H, to satisfy the 
requirements of

[[Page 549]]

Sec. Sec. 60.482-1a through 60.487a for an affected facility. When 
choosing to comply with 40 CFR part 63, subpart H, the requirements of 
Sec. 60.485a(d), (e), and (f), and Sec. 60.486a(i) and (j) still 
apply.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 63, subpart H must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(2)(ii) do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 63, subpart H, except that provisions required to be met prior to 
implementing 40 CFR part 63 still apply. Owners and operators who choose 
to comply with 40 CFR part 63, subpart H, must comply with 40 CFR part 
63, subpart A.
    (f) Stay of standards. (1) Owners or operators that start a new, 
reconstructed, or modified affected source prior to November 16, 2007 
are not required to comply with the requirements in this paragraph until 
EPA takes final action to require compliance and publishes a document in 
the Federal Register.
    (i) The definition of ``capital expenditure'' in Sec. 60.481a of 
this subpart. While the definition of ``capital expenditure'' is stayed, 
owners or operators should use the definition found in Sec. 60.481 of 
subpart VV of this part.
    (ii) [Reserved]
    (2) Owners or operators are not required to comply with the 
requirements in this paragraph until EPA takes final action to require 
compliance and publishes a document in the Federal Register.
    (i) The definition of ``process unit'' in Sec. 60.481a of this 
subpart. While the definition of ``process unit'' is stayed, owners or 
operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec. 60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.
    (ii) The method of allocation of shared storage vessels in Sec. 
60.482-1a(g) of this subpart.
    (iii) The standards for connectors in gas/vapor service and in light 
liquid service in Sec. 60.482-11a of this subpart.

[72 FR 64883, Nov. 16, 2007, as amended at 73 FR 31375, June 2, 2008]



Sec. 60.481a  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act (CAA) or in subpart A of part 
60, and the following terms shall have the specific meanings given them.
    Capital expenditure means, in addition to the definition in 40 CFR 
60.2, an expenditure for a physical or operational change to an existing 
facility that:
    (a) Exceeds P, the product of the facility's replacement cost, R, 
and an adjusted annual asset guideline repair allowance, A, as reflected 
by the following equation: P = R x A, where:
    (1) The adjusted annual asset guideline repair allowance, A, is the 
product of the percent of the replacement cost, Y, and the applicable 
basic annual asset guideline repair allowance, B, divided by 100 as 
reflected by the following equation:

    A = Y x (B / 100);

    (2) The percent Y is determined from the following equation: Y = 1.0 
- 0.575 log X, where X is 2006 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance, B, 
is selected from the following table consistent with the applicable 
subpart:

              Table for Determining Applicable Value for B
------------------------------------------------------------------------
                                                           Value of B to
             Subpart applicable to facility                 be used in
                                                             equation
------------------------------------------------------------------------
VVa.....................................................            12.5
GGGa....................................................             7.0
------------------------------------------------------------------------

    Closed-loop system means an enclosed system that returns process 
fluid to the process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers for purged 
liquids must be covered or closed when not being filled or emptied.
    Closed vent system means a system that is not open to the atmosphere 
and

[[Page 550]]

that is composed of hard-piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back to a process.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of process equipment 
or that close an opening in a pipe that could be connected to another 
pipe. Joined fittings welded completely around the circumference of the 
interface are not considered connectors for the purpose of this 
regulation.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, and flange 
or other connector in VOC service and any devices or systems required by 
this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere using 
best practices.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as ASME 
B31.3, Process Piping (available from the American Society of Mechanical 
Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300).
    In gas/vapor service means that the piece of equipment contains 
process fluid that is in the gaseous state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.485a(e).
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient 
pressure.
    In VOC service means that the piece of equipment contains or 
contacts a process fluid that is at least 10 percent VOC by weight. (The 
provisions of Sec. 60.485a(d) specify how to determine that a piece of 
equipment is not in VOC service.)
    Initial calibration value means the concentration measured during 
the initial calibration at the beginning of each day required in Sec. 
60.485a(b)(1), or the most recent calibration if the instrument is 
recalibrated during the day (i.e., the calibration is adjusted) after a 
calibration drift assessment.
    Liquids dripping means any visible leakage from the seal including 
spraying, misting, clouding, and ice formation.
    Open-ended valve or line means any valve, except safety relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to the atmosphere, either directly or through open 
piping.
    Pressure release means the emission of materials resulting from 
system pressure being greater than set pressure of the pressure relief 
device.
    Process improvement means routine changes made for safety and 
occupational health requirements, for energy savings, for better 
utility, for ease of

[[Page 551]]

maintenance and operation, for correction of design deficiencies, for 
bottleneck removal, for changing product requirements, or for 
environmental control.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce, as intermediate or 
final products, one or more of the chemicals listed in Sec. 60.489. A 
process unit can operate independently if supplied with sufficient feed 
or raw materials and sufficient storage facilities for the product. For 
the purpose of this subpart, process unit includes any feed, 
intermediate and final product storage vessels (except as specified in 
Sec. 60.482-1a(g)), product transfer racks, and connected ducts and 
piping. A process unit includes all equipment as defined in this 
subpart.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be accomplished. The following 
are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that stops 
production from a process unit or part of a process unit for less than 
24 hours.
    (2) An unscheduled work practice or operational procedure that would 
stop production from a process unit or part of a process unit for a 
shorter period of time than would be required to clear the process unit 
or part of the process unit of materials and start up the unit, and 
would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Quarter means a 3-month period; the first quarter concludes on the 
last day of the last full month during the 180 days following initial 
startup.
    Repaired means that equipment is adjusted, or otherwise altered, in 
order to eliminate a leak as defined in the applicable sections of this 
subpart and, except for leaks identified in accordance with Sec. Sec. 
60.482-2a(b)(2)(ii) and (d)(6)(ii) and (d)(6)(iii), 60.482-3a(f), and 
60.482-10a(f)(1)(ii), is re-monitored as specified in Sec. 60.485a(b) 
to verify that emissions from the equipment are below the applicable 
leak definition.
    Replacement cost means the capital needed to purchase all the 
depreciable components in a facility.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity such as temperature, pressure, flow rate, 
pH, or liquid level.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are used in the process as raw material feedstocks, 
produced as intermediates or final products, or generated as wastes. 
Storage vessel does not include vessels permanently attached to motor 
vehicles, such as trucks, railcars, barges or ships.
    Synthetic organic chemicals manufacturing industry means the 
industry that produces, as intermediates or final products, one or more 
of the chemicals listed in Sec. 60.489.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
    Volatile organic compounds or VOC means, for the purposes of this 
subpart, any reactive organic compounds as defined in Sec. 60.2 
Definitions.

    Effective Date Note: At 73 FR 31376, June 2, 2008, in Sec. 60.481a, 
the definitions of ``capital expenditure'' and ``process unit'' were 
stayed until further notice.



Sec. 60.482-1a  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Sec. Sec. 60.482-
1a through 60.482-10a or Sec. 60.480a(e) for all equipment within 180 
days of initial startup.
    (b) Compliance with Sec. Sec. 60.482-1a to 60.482-10a will be 
determined by review of records and reports, review of performance test 
results, and inspection

[[Page 552]]

using the methods and procedures specified in Sec. 60.485a.
    (c)(1) An owner or operator may request a determination of 
equivalence of a means of emission limitation to the requirements of 
Sec. Sec. 60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a, 
60.482-8a, and 60.482-10a as provided in Sec. 60.484a.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least equivalent to the requirements of 
Sec. Sec. 60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a, 
60.482-8a, or 60.482-10a, an owner or operator shall comply with the 
requirements of that determination.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of Sec. Sec. 60.482-2a through 60.482-10a if it is 
identified as required in Sec. 60.486a(e)(5).
    (e) Equipment that an owner or operator designates as being in VOC 
service less than 300 hr/yr is excluded from the requirements of 
Sec. Sec. 60.482-2a through 60.482-11a if it is identified as required 
in Sec. 60.486a(e)(6) and it meets any of the conditions specified in 
paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and 
shutdown, excluding startup and shutdown between batches of the same 
campaign for a batch process.
    (2) The equipment is in VOC service only during process malfunctions 
or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only 
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365 days 
during a year, an owner or operator may monitor to detect leaks from 
pumps, valves, and open-ended valves or lines at the frequency specified 
in the following table instead of monitoring as specified in Sec. Sec. 
60.482-2a, 60.482-7a, and 60.483.2a:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch process 
units that are subject to this subpart may be monitored at the 
frequencies specified in paragraph (f)(1) of this section, provided the 
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) of this 
section are not requirements for monitoring at specific intervals and 
can be adjusted to accommodate process operations. An owner or operator 
may monitor at any time during the specified monitoring period (e.g., 
month, quarter, year), provided the monitoring is conducted at a 
reasonable interval after completion of the last monitoring campaign. 
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv) of 
this section.
    (i) When monitoring is conducted quarterly, monitoring events must 
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2 
quarters), monitoring events must be separated by at least 60 calendar 
days.
    (iii) When monitoring is conducted in 3 quarters per year, 
monitoring events must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must 
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units, the 
process unit with the greatest annual amount of stored materials 
(predominant use) is the process unit the storage vessel is assigned to. 
If the storage vessel is shared equally among process units, and one of 
the process units has equipment subject to this subpart, the storage 
vessel is assigned to that process unit. If the storage vessel is shared 
equally among process units, none of which have equipment subject to 
this subpart of this part, the storage vessel is assigned to any process 
unit subject

[[Page 553]]

to subpart VV of this part. If the predominant use of the storage vessel 
varies from year to year, then the owner or operator must estimate the 
predominant use initially and reassess every 3 years. The owner or 
operator must keep records of the information and supporting 
calculations that show how predominant use is determined. All equipment 
on the storage vessel must be monitored when in VOC service.

    Effective Date Note: At 73 FR 31376, June 2, 2008, in Sec. 60.482-
1a, paragraph (g) was stayed until further notice.



Sec. 60.482-2a  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec. 60.485a(b), except as 
provided in Sec. 60.482-1a(c) and (f) and paragraphs (d), (e), and (f) 
of this section. A pump that begins operation in light liquid service 
after the initial startup date for the process unit must be monitored 
for the first time within 30 days after the end of its startup period, 
except for a pump that replaces a leaking pump and except as provided in 
Sec. 60.482-1a(c) and paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal, except as provided in Sec. 60.482-1a(f).
    (b)(1) The instrument reading that defines a leak is specified in 
paragraphs (b)(1)(i) and (ii) of this section.
    (i) 5,000 parts per million (ppm) or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 ppm or greater for all other pumps.
    (2) If there are indications of liquids dripping from the pump seal, 
the owner or operator shall follow the procedure specified in either 
paragraph (b)(2)(i) or (ii) of this section. This requirement does not 
apply to a pump that was monitored after a previous weekly inspection 
and the instrument reading was less than the concentration specified in 
paragraph (b)(1)(i) or (ii) of this section, whichever is applicable.
    (i) Monitor the pump within 5 days as specified in Sec. 60.485a(b). 
A leak is detected if the instrument reading measured during monitoring 
indicates a leak as specified in paragraph (b)(1)(i) or (ii) of this 
section, whichever is applicable. The leak shall be repaired using the 
procedures in paragraph (c) of this section.
    (ii) Designate the visual indications of liquids dripping as a leak, 
and repair the leak using either the procedures in paragraph (c) of this 
section or by eliminating the visual indications of liquids dripping.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected. First attempts at repair include, but 
are not limited to, the practices described in paragraphs (c)(2)(i) and 
(ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (6) of this section are met.
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec. 
60.482-10a; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (2) The barrier fluid system is in heavy liquid service or is not in 
VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.

[[Page 554]]

    (4)(i) Each pump is checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump seal 
at the time of the weekly inspection, the owner or operator shall follow 
the procedure specified in either paragraph (d)(4)(ii)(A) or (B) of this 
section prior to the next required inspection.
    (A) Monitor the pump within 5 days as specified in Sec. 60.485a(b) 
to determine if there is a leak of VOC in the barrier fluid. If an 
instrument reading of 2,000 ppm or greater is measured, a leak is 
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) is checked daily 
or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the 
barrier fluid system, or both, based on the criterion established in 
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A) 
of this section, it shall be repaired as specified in paragraph (c) of 
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this 
section shall be repaired within 15 days of detection by eliminating the 
conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this 
section shall be repaired within 15 days of detection by eliminating 
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec. 60.486a(e)(1) 
and (2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraphs (a), (c), and (d) of this section if the 
pump:
    (1) Has no externally actuated shaft penetrating the pump housing;
    (2) Is demonstrated to be operating with no detectable emissions as 
indicated by an instrument reading of less than 500 ppm above background 
as measured by the methods specified in Sec. 60.485a(c); and
    (3) Is tested for compliance with paragraph (e)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (f) If any pump is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec. 60.482-10a, it is exempt from paragraphs 
(a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec. 
60.486a(f)(1), as an unsafe-to-monitor pump is exempt from the 
monitoring and inspection requirements of paragraphs (a) and (d)(4) 
through (6) of this section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in paragraph (c) of this section if a leak 
is detected.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5) of this section, provided that each pump is visually 
inspected as often as practicable and at least monthly.



Sec. 60.482-3a  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of VOC to the 
atmosphere, except as provided in Sec. 60.482-1a(c) and paragraphs (h), 
(i), and (j) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:

[[Page 555]]

    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec. 
60.482-10a; or
    (3) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (c) The barrier fluid system shall be in heavy liquid service or 
shall not be in VOC service.
    (d) Each barrier fluid system as described in paragraph (a) shall be 
equipped with a sensor that will detect failure of the seal system, 
barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
system, or both based on the criterion determined under paragraph (e)(2) 
of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section, if it is equipped with a closed vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or fuel gas system or to a control device that complies with the 
requirements of Sec. 60.482-10a, except as provided in paragraph (i) of 
this section.
    (i) Any compressor that is designated, as described in Sec. 
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a) through (h) of this section if the 
compressor:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec. 60.485a(c); 
and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (j) Any existing reciprocating compressor in a process unit which 
becomes an affected facility under provisions of Sec. 60.14 or Sec. 
60.15 is exempt from paragraphs (a) through (e) and (h) of this section, 
provided the owner or operator demonstrates that recasting the distance 
piece or replacing the compressor are the only options available to 
bring the compressor into compliance with the provisions of paragraphs 
(a) through (e) and (h) of this section.



Sec. 60.482-4a  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as determined by the methods specified in Sec. 60.485a(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after the pressure 
release, except as provided in Sec. 60.482-9a.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the conditions of 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background, by the methods specified in Sec. 
60.485a(c).
    (c) Any pressure relief device that is routed to a process or fuel 
gas system or equipped with a closed vent system capable of capturing 
and transporting leakage through the pressure relief device to a control 
device as described in

[[Page 556]]

Sec. 60.482-10a is exempted from the requirements of paragraphs (a) and 
(b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a new rupture disk shall be 
installed upstream of the pressure relief device as soon as practicable, 
but no later than 5 calendar days after each pressure release, except as 
provided in Sec. 60.482-9a.



Sec. 60.482-5a  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in Sec. 
60.482-1a(c) and paragraph (c) of this section.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (4) of this section.
    (1) Gases displaced during filling of the sample container are not 
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-purge 
system valve(s) and sample container valve(s) after the valves are 
closed and the sample container is disconnected are not required to be 
collected or captured.
    (4) Each closed-purge, closed-loop, or closed-vent system shall be 
designed and operated to meet requirements in either paragraph 
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a 
control device that complies with the requirements of Sec. 60.482-10a.
    (iv) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (A) A waste management unit as defined in 40 CFR 63.111, if the 
waste management unit is subject to and operated in compliance with the 
provisions of 40 CFR part 63, subpart G, applicable to Group 1 
wastewater streams;
    (B) A treatment, storage, or disposal facility subject to regulation 
under 40 CFR part 262, 264, 265, or 266;
    (C) A facility permitted, licensed, or registered by a state to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261;
    (D) A waste management unit subject to and operated in compliance 
with the treatment requirements of 40 CFR 61.348(a), provided all waste 
management units that collect, store, or transport the purged process 
fluid to the treatment unit are subject to and operated in compliance 
with the management requirements of 40 CFR 61.343 through 40 CFR 61.347; 
or
    (E) A device used to burn off-specification used oil for energy 
recovery in accordance with 40 CFR part 279, subpart G, provided the 
purged process fluid is not hazardous waste as defined in 40 CFR part 
261.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 60.482-6a  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in Sec. 
60.482-1a(c) and paragraphs (d) and (e) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block-and-bleed system is being used, the bleed 
valve or

[[Page 557]]

line may remain open during operations that require venting the line 
between the block valves but shall comply with paragraph (a) of this 
section at all other times.
    (d) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (a), (b), and (c) of this 
section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a double 
block and bleed system as specified in paragraphs (a) through (c) of 
this section are exempt from the requirements of paragraphs (a) through 
(c) of this section.



Sec. 60.482-7a  Standards: Valves in gas/vapor service and in light
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the 
methods specified in Sec. 60.485a(b) and shall comply with paragraphs 
(b) through (e) of this section, except as provided in paragraphs (f), 
(g), and (h) of this section, Sec. 60.482-1a(c) and (f), and Sec. Sec. 
60.483-1a and 60.483-2a.
    (2) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for the process unit must 
be monitored according to paragraphs (a)(2)(i) or (ii), except for a 
valve that replaces a leaking valve and except as provided in paragraphs 
(f), (g), and (h) of this section, Sec. 60.482-1a(c), and Sec. Sec. 
60.483-1a and 60.483-2a.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The 
valve must be monitored for the first time within 30 days after the end 
of its startup period to ensure proper installation.
    (ii) If the existing valves in the process unit are monitored in 
accordance with Sec. 60.483-1a or Sec. 60.483-2a, count the new valve 
as leaking when calculating the percentage of valves leaking as 
described in Sec. 60.483-2a(b)(5). If less than 2.0 percent of the 
valves are leaking for that process unit, the valve must be monitored 
for the first time during the next scheduled monitoring event for 
existing valves in the process unit or within 90 days, whichever comes 
first.
    (b) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (c)(1)(i) Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into two or three subgroups of valves and monitor each 
subgroup in a different month during the quarter, provided each subgroup 
is monitored every 3 months. The owner or operator must keep records of 
the valves assigned to each subgroup.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;
    (3) Tightening of packing gland nuts;
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec. 
60.486a(e)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the process 
fluid,
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec. 60.485a(c), and
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.

[[Page 558]]

    (g) Any valve that is designated, as described in Sec. 
60.486a(f)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve 
is unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section, and
    (2) The owner or operator of the valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec. 
60.486a(f)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface.
    (2) The process unit within which the valve is located either:
    (i) Becomes an affected facility through Sec. 60.14 or Sec. 60.15 
and was constructed on or before January 5, 1981; or
    (ii) Has less than 3.0 percent of its total number of valves 
designated as difficult-to-monitor by the owner or operator.
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.



Sec. 60.482-8a  Standards: Pumps, valves, and connectors in heavy
liquid service and pressure relief devices in light liquid or heavy

liquid service.

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pumps, valves, and 
connectors in heavy liquid service and pressure relief devices in light 
liquid or heavy liquid service, the owner or operator shall follow 
either one of the following procedures:
    (1) The owner or operator shall monitor the equipment within 5 days 
by the method specified in Sec. 60.485a(b) and shall comply with the 
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak within 5 calendar 
days of detection.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9a.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. Sec. 60.482-2a(c)(2) and 60.482-
7a(e).



Sec. 60.482-9a  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if repair within 15 days is technically infeasible 
without a process unit shutdown. Repair of this equipment shall occur 
before the end of the next process unit shutdown. Monitoring to verify 
repair must occur within 15 days after startup of the process unit.
    (b) Delay of repair of equipment will be allowed for equipment which 
is isolated from the process and which does not remain in VOC service.
    (c) Delay of repair for valves and connectors will be allowed if:
    (1) The owner or operator demonstrates that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 60.482-10a.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a

[[Page 559]]

valve, if valve assembly replacement is necessary during the process 
unit shutdown, valve assembly supplies have been depleted, and valve 
assembly supplies had been sufficiently stocked before the supplies were 
depleted. Delay of repair beyond the next process unit shutdown will not 
be allowed unless the next process unit shutdown occurs sooner than 6 
months after the first process unit shutdown.
    (f) When delay of repair is allowed for a leaking pump, valve, or 
connector that remains in service, the pump, valve, or connector may be 
considered to be repaired and no longer subject to delay of repair 
requirements if two consecutive monthly monitoring instrument readings 
are below the leak definition.



Sec. 60.482-10a  Standards: Closed vent systems and control devices.

    (a) Owners or operators of closed vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section.
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume (ppmv), whichever is 
less stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 percent 
or greater, or to an exit concentration of 20 ppmv, on a dry basis, 
corrected to 3 percent oxygen, whichever is less stringent or to provide 
a minimum residence time of 0.75 seconds at a minimum temperature of 816 
[deg]C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 60.18.
    (e) Owners or operators of control devices used to comply with the 
provisions of this subpart shall monitor these control devices to ensure 
that they are operated and maintained in conformance with their designs.
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (2) of this 
section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (ii) of this section:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 60.485a(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 60.485a(b); and
    (ii) Conduct annual inspections according to the procedures in Sec. 
60.485a(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
ppmv above background or by visual inspections, shall be repaired as 
soon as practicable except as provided in paragraph (h) of this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements of 
paragraphs (f)(1)(i) and (f)(2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe to inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified

[[Page 560]]

in paragraphs (j)(1) and (2) of this section:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs (f)(1)(i) 
or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult to inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified in 
paragraphs (k)(1) through (3) of this section:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
becomes an affected facility through Sec. Sec. 60.14 or 60.15, or the 
owner or operator designates less than 3.0 percent of the total number 
of closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe to inspect, an explanation of why the equipment is 
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult to inspect, an explanation of why the equipment 
is difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record of 
the information specified in Sec. 60.486a(c).
    (4) For each inspection conducted in accordance with Sec. 
60.485a(b) during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are detected, 
a record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.



Sec. 60.482-11a  Standards: Connectors in gas/vapor service and in light
liquid service.

    (a) The owner or operator shall initially monitor all connectors in 
the process unit for leaks by the later of either 12 months after the 
compliance date or 12 months after initial startup. If all connectors in 
the process unit have been monitored for leaks prior to the compliance 
date, no initial monitoring is required provided either no process 
changes have been made since the monitoring or the owner or operator can 
determine that the results of the monitoring, with or without 
adjustments, reliably demonstrate compliance despite process changes. If 
required to monitor because of a process change, the owner or operator 
is required to monitor only those connectors involved in the process 
change.
    (b) Except as allowed in Sec. 60.482-1a(c), Sec. 60.482-10a, or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in gas and vapor and light liquid service as 
specified in paragraphs (a) and (b)(3) of this section.
    (1) The connectors shall be monitored to detect leaks by the method 
specified in Sec. 60.485a(b) and, as applicable, Sec. 60.485a(c).
    (2) If an instrument reading greater than or equal to 500 ppm is 
measured, a leak is detected.
    (3) The owner or operator shall perform monitoring, subsequent to 
the initial monitoring required in paragraph (a) of this section, as 
specified in

[[Page 561]]

paragraphs (b)(3)(i) through (iii) of this section, and shall comply 
with the requirements of paragraphs (b)(3)(iv) and (v) of this section. 
The required period in which monitoring must be conducted shall be 
determined from paragraphs (b)(3)(i) through (iii) of this section using 
the monitoring results from the preceding monitoring period. The percent 
leaking connectors shall be calculated as specified in paragraph (c) of 
this section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors within 2 years of the start of the monitoring period, 
provided all connectors have been monitored by the end of the 4-year 
monitoring period.
    (iii) If the percent leaking connectors in the process unit was less 
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) 
of this section and either paragraph (b)(3)(iii)(B) or (b)(3)(iii)(C) of 
this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent of leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is 
greater than or equal to 0.35 percent of the monitored connectors, the 
owner or operator shall monitor as soon as practical, but within the 
next 6 months, all connectors that have not yet been monitored during 
the monitoring period. At the conclusion of monitoring, a new monitoring 
period shall be started pursuant to paragraph (b)(3) of this section, 
based on the percent of leaking connectors within the total monitored 
connectors.
    (C) If the percent of leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is less 
than 0.35 percent of the monitored connectors, the owner or operator 
shall monitor all connectors that have not yet been monitored within 8 
years of the start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraphs 
(b)(3)(i) through (iii) of this section, a connector is found to be 
leaking, it shall be re-monitored once within 90 days after repair to 
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) For use in determining the monitoring frequency, as specified in 
paragraphs (a) and (b)(3) of this section, the percent leaking 
connectors as used in paragraphs (a) and (b)(3) of this section shall be 
calculated by using the following equation:

%CL = CL / Ct * 100

Where:

%CL = Percent of leaking connectors as determined through 
periodic monitoring required in paragraphs (a) and (b)(3)(i) through 
(iii) of this section.
CL = Number of connectors measured at 500 ppm or greater, by 
the method specified in Sec. 60.485a(b).
Ct = Total number of monitored connectors in the process unit 
or affected facility.

    (d) When a leak is detected pursuant to paragraphs (a) and (b) of 
this section, it shall be repaired as soon as practicable, but not later 
than 15 calendar days after it is detected, except as provided in Sec. 
60.482-9a. A first attempt at repair as defined in this subpart shall be 
made no later than 5 calendar days after the leak is detected.
    (e) Any connector that is designated, as described in Sec. 
60.486a(f)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section if:
    (1) The owner or operator of the connector demonstrates that the 
connector is unsafe-to-monitor because monitoring personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (a) and (b) of this section; and
    (2) The owner or operator of the connector has a written plan that 
requires monitoring of the connector as frequently as practicable during 
safe-to-monitor times but not more frequently than the periodic 
monitoring schedule

[[Page 562]]

otherwise applicable, and repair of the equipment according to the 
procedures in paragraph (d) of this section if a leak is detected.
    (f) Inaccessible, ceramic, or ceramic-lined connectors. (1) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraphs (a) and (b) of this section, from the leak 
repair requirements of paragraph (d) of this section, and from the 
recordkeeping and reporting requirements of Sec. Sec. 63.1038 and 
63.1039. An inaccessible connector is one that meets any of the 
provisions specified in paragraphs (f)(1)(i) through (vi) of this 
section, as applicable:
    (i) Buried;
    (ii) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (iii) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground;
    (v) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold; or
    (vi) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (2) If any inaccessible, ceramic, or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the visual, audible, olfactory, or other indications of a leak to the 
atmosphere shall be eliminated as soon as practical.
    (g) Except for instrumentation systems and inaccessible, ceramic, or 
ceramic-lined connectors meeting the provisions of paragraph (f) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated.

    Effective Date Note: At 73 FR 31376, June 2, 2008, Sec. 60.482-11a 
was stayed until further notice.



Sec. 60.483-1a  Alternative standards for valves--allowable percentage 
of valves leaking.

    (a) An owner or operator may elect to comply with an allowable 
percentage of valves leaking of equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator 
wishes to comply with an allowable percentage of valves leaking:
    (1) An owner or operator must notify the Administrator that the 
owner or operator has elected to comply with the allowable percentage of 
valves leaking before implementing this alternative standard, as 
specified in Sec. 60.487a(d).
    (2) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 60.482-7a(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in gas/vapor and light liquid service within the 
affected facility shall be monitored within 1 week by the methods 
specified in Sec. 60.485a(b).
    (2) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves for which leaks are detected by the number of valves in gas/
vapor and light liquid service within the affected facility.
    (d) Owners and operators who elect to comply with this alternative 
standard shall not have an affected facility with a leak percentage 
greater than 2.0 percent, determined as described in Sec. 60.485a(h).

[[Page 563]]



Sec. 60.483-2a  Alternative standards for valves--skip period leak
detection and repair.

    (a)(1) An owner or operator may elect to comply with one of the 
alternative work practices specified in paragraphs (b)(2) and (3) of 
this section.
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec. 60.487(d)a.
    (b)(1) An owner or operator shall comply initially with the 
requirements for valves in gas/vapor service and valves in light liquid 
service, as described in Sec. 60.482-7a.
    (2) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 1 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (3) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 3 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (4) If the percent of valves leaking is greater than 2.0, the owner 
or operator shall comply with the requirements as described in Sec. 
60.482-7a but can again elect to use this section.
    (5) The percent of valves leaking shall be determined as described 
in Sec. 60.485a(h).
    (6) An owner or operator must keep a record of the percent of valves 
found leaking during each leak detection period.
    (7) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for a process unit 
following one of the alternative standards in this section must be 
monitored in accordance with Sec. 60.482-7a(a)(2)(i) or (ii) before the 
provisions of this section can be applied to that valve.



Sec. 60.484a  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
may apply to the Administrator for determination of equivalence for any 
means of emission limitation that achieves a reduction in emissions of 
VOC at least equivalent to the reduction in emissions of VOC achieved by 
the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and 
operational requirements of this subpart will be evaluated by the 
following guidelines:
    (1) Each owner or operator applying for an equivalence determination 
shall be responsible for collecting and verifying test data to 
demonstrate equivalence of means of emission limitation.
    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the equipment, design, and 
operational requirements.
    (c) Determination of equivalence to the required work practices in 
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate equivalence of an equivalent means of emission 
limitation.
    (2) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of 
equivalence is requested, the emission reduction achieved by the 
equivalent means of emission limitation shall be demonstrated.
    (4) Each owner or operator applying for a determination of 
equivalence shall commit in writing to work practice(s) that provide for 
emission reductions equal to or greater than the emission reductions 
achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission 
reduction for the equivalent means of emission limitation to the 
demonstrated emission reduction for the required work

[[Page 564]]

practices and will consider the commitment in paragraph (c)(4) of this 
section.
    (6) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is received, 
the Administrator will publish a notice in the Federal Register and 
provide the opportunity for public hearing if the Administrator judges 
that the request may be approved.
    (2) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent means of emission limitations approved under this 
section shall constitute a required work practice, equipment, design, or 
operational standard within the meaning of section 111(h)(1) of the CAA.
    (f)(1) Manufacturers of equipment used to control equipment leaks of 
VOC may apply to the Administrator for determination of equivalence for 
any equivalent means of emission limitation that achieves a reduction in 
emissions of VOC achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will make an equivalence determination 
according to the provisions of paragraphs (b), (c), (d), and (e) of this 
section.



Sec. 60.485a  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
standards in Sec. Sec. 60.482-1a through 60.482-11a, 60.483a, and 
60.484a as follows:
    (1) Method 21 shall be used to determine the presence of leaking 
sources. The instrument shall be calibrated before use each day of its 
use by the procedures specified in Method 21 of appendix A-7 of this 
part. The following calibration gases shall be used:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration no 
more than 2,000 ppm greater than the leak definition concentration of 
the equipment monitored. If the monitoring instrument's design allows 
for multiple calibration scales, then the lower scale shall be 
calibrated with a calibration gas that is no higher than 2,000 ppm above 
the concentration specified as a leak, and the highest scale shall be 
calibrated with a calibration gas that is approximately equal to 10,000 
ppm. If only one scale on an instrument will be used during monitoring, 
the owner or operator need not calibrate the scales that will not be 
used during that day's monitoring.
    (2) A calibration drift assessment shall be performed, at a minimum, 
at the end of each monitoring day. Check the instrument using the same 
calibration gas(es) that were used to calibrate the instrument before 
use. Follow the procedures specified in Method 21 of appendix A-7 of 
this part, Section 10.1, except do not adjust the meter readout to 
correspond to the calibration gas value. Record the instrument reading 
for each scale used as specified in Sec. 60.486a(e)(7). Calculate the 
average algebraic difference between the three meter readings and the 
most recent calibration value. Divide this algebraic difference by the 
initial calibration value and multiply by 100 to express the calibration 
drift as a percentage. If any calibration drift assessment shows a 
negative drift of more than 10 percent from the initial calibration 
value, then all equipment monitored since the last calibration with 
instrument readings below the appropriate leak definition and above the 
leak definition multiplied by (100 minus the percent of negative drift/
divided by 100) must be re-monitored. If any calibration drift 
assessment shows a positive drift of more

[[Page 565]]

than 10 percent from the initial calibration value, then, at the owner/
operator's discretion, all equipment since the last calibration with 
instrument readings above the appropriate leak definition and below the 
leak definition multiplied by (100 plus the percent of positive drift/
divided by 100) may be re-monitored.
    (c) The owner or operator shall determine compliance with the no-
detectable-emission standards in Sec. Sec. 60.482-2a(e), 60.482-3a(i), 
60.482-4a, 60.482-7a(f), and 60.482-10a(e) as follows:
    (1) The requirements of paragraph (b) shall apply.
    (2) Method 21 of appendix A-7 of this part shall be used to 
determine the background level. All potential leak interfaces shall be 
traversed as close to the interface as possible. The arithmetic 
difference between the maximum concentration indicated by the instrument 
and the background level is compared with 500 ppm for determining 
compliance.
    (d) The owner or operator shall test each piece of equipment unless 
he demonstrates that a process unit is not in VOC service, i.e., that 
the VOC content would never be reasonably expected to exceed 10 percent 
by weight. For purposes of this demonstration, the following methods and 
procedures shall be used:
    (1) Procedures that conform to the general methods in ASTM E260-73, 
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by 
reference--see Sec. 60.17) shall be used to determine the percent VOC 
content in the process fluid that is contained in or contacts a piece of 
equipment.
    (2) Organic compounds that are considered by the Administrator to 
have negligible photochemical reactivity may be excluded from the total 
quantity of organic compounds in determining the VOC content of the 
process fluid.
    (3) Engineering judgment may be used to estimate the VOC content, if 
a piece of equipment had not been shown previously to be in service. If 
the Administrator disagrees with the judgment, paragraphs (d)(1) and (2) 
of this section shall be used to resolve the disagreement.
    (e) The owner or operator shall demonstrate that a piece of 
equipment is in light liquid service by showing that all the following 
conditions apply:
    (1) The vapor pressure of one or more of the organic components is 
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68 [deg]F). 
Standard reference texts or ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec. 60.17) shall be used to determine the vapor 
pressures.
    (2) The total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O 
at 68 [deg]F) is equal to or greater than 20 percent by weight.
    (3) The fluid is a liquid at operating conditions.
    (f) Samples used in conjunction with paragraphs (d), (e), and (g) of 
this section shall be representative of the process fluid that is 
contained in or contacts the equipment or the gas being combusted in the 
flare.
    (g) The owner or operator shall determine compliance with the 
standards of flares as follows:
    (1) Method 22 of appendix A-7 of this part shall be used to 
determine visible emissions.
    (2) A thermocouple or any other equivalent device shall be used to 
monitor the presence of a pilot flame in the flare.
    (3) The maximum permitted velocity for air assisted flares shall be 
computed using the following equation:

Vmax = K1 + K2HT

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec).
HT = Net heating value of the gas being combusted, MJ/scm 
(Btu/scf).
K1 = 8.706 m/sec (metric units) = 28.56 ft/sec (English 
units).
K2 = 0.7084 m\4\/(MJ-sec) (metric units) = 0.087 ft\4\/(Btu-
sec) (English units).

    (4) The net heating value (HT) of the gas being combusted in a flare 
shall be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16NO07.038

Where:

K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/(ppm-
scm-kcal) (metric units) =

[[Page 566]]

4.674 x 10-\6\ [(g-mole)(Btu)/(ppm-scf-kcal)] (English 
units).
Ci = Concentration of sample component ``i,'' ppm
Hi = net heat of combustion of sample component ``i'' at 25 
[deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole.

    (5) Method 18 of appendix A-6 of this part or ASTM D6420-99 (2004) 
(where the target compound(s) are those listed in Section 1.1 of ASTM 
D6420-99, and the target concentration is between 150 parts per billion 
by volume and 100 ppmv) and ASTM D2504-67, 77, or 88 (Reapproved 1993) 
(incorporated by reference-see Sec. 60.17) shall be used to determine 
the concentration of sample component ``i.''
    (6) ASTM D2382-76 or 88 or D4809-95 (incorporated by reference-see 
Sec. 60.17) shall be used to determine the net heat of combustion of 
component ``i'' if published values are not available or cannot be 
calculated.
    (7) Method 2, 2A, 2C, or 2D of appendix A-7 of this part, as 
appropriate, shall be used to determine the actual exit velocity of a 
flare. If needed, the unobstructed (free) cross-sectional area of the 
flare tip shall be used.
    (h) The owner or operator shall determine compliance with Sec. 
60.483-1a or Sec. 60.483-2a as follows:
    (1) The percent of valves leaking shall be determined using the 
following equation:

%VL = (VL / VT) * 100

Where:

%VL = Percent leaking valves.
VL = Number of valves found leaking.
VT = The sum of the total number of valves monitored.

    (2) The total number of valves monitored shall include difficult-to-
monitor and unsafe-to-monitor valves only during the monitoring period 
in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which 
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being 
placed in service shall be included in the number of valves leaking and 
the total number of valves monitored for the monitoring period in which 
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with Sec. 
60.482-7a(c)(1)(ii), the sum of valves found leaking during a monitoring 
period includes all subgroups.
    (6) The total number of valves monitored does not include a valve 
monitored to verify repair.



Sec. 60.486a  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one affected facility subject 
to the provisions of this subpart may comply with the recordkeeping 
requirements for these facilities in one recordkeeping system if the 
system identifies each record by each facility.
    (3) The owner or operator shall record the information specified in 
paragraphs (a)(3)(i) through (v) of this section for each monitoring 
event required by Sec. Sec. 60.482-2a, 60.482-3a, 60.482-7a, 60.482-8a, 
60.482-11a, and 60.483-2a.
    (i) Monitoring instrument identification.
    (ii) Operator identification.
    (iii) Equipment identification.
    (iv) Date of monitoring.
    (v) Instrument reading.
    (b) When each leak is detected as specified in Sec. Sec. 60.482-2a, 
60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the 
following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec. 60.482-7a(c) and 
no leak has been detected during those 2 months.
    (3) The identification on a connector may be removed after it has 
been monitored as specified in Sec. 60.482-11a(b)(3)(iv) and no leak 
has been detected during that monitoring.
    (4) The identification on equipment, except on a valve or connector, 
may be removed after it has been repaired.
    (c) When each leak is detected as specified in Sec. Sec. 60.482-2a, 
60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the 
following information shall be recorded in a log and shall be kept for 2 
years in a readily accessible location:

[[Page 567]]

    (1) The instrument and operator identification numbers and the 
equipment identification number, except when indications of liquids 
dripping from a pump are designated as a leak.
    (2) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (3) Repair methods applied in each attempt to repair the leak.
    (4) Maximum instrument reading measured by Method 21 of appendix A-7 
of this part at the time the leak is successfully repaired or determined 
to be nonrepairable, except when a pump is repaired by eliminating 
indications of liquids dripping.
    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (6) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (7) The expected date of successful repair of the leak if a leak is 
not repaired within 15 days.
    (8) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (9) The date of successful repair of the leak.
    (d) The following information pertaining to the design requirements 
for closed vent systems and control devices described in Sec. 60.482-
10a shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (3) A description of the parameter or parameters monitored, as 
required in Sec. 60.482-10a(e), to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (4) Periods when the closed vent systems and control devices 
required in Sec. Sec. 60.482-2a, 60.482-3a, 60.482-4a, and 60.482-5a 
are not operated as designed, including periods when a flare pilot light 
does not have a flame.
    (5) Dates of startups and shutdowns of the closed vent systems and 
control devices required in Sec. Sec. 60.482-2a, 60.482-3a, 60.482-4a, 
and 60.482-5a.
    (e) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec. 60.482-1a to 60.482-11a shall be recorded 
in a log that is kept in a readily accessible location:
    (1) A list of identification numbers for equipment subject to the 
requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of 
Sec. Sec. 60.482-2a(e), 60.482-3a(i), and 60.482-7a(f).
    (ii) The designation of equipment as subject to the requirements of 
Sec. 60.482-2a(e), Sec. 60.482-3a(i), or Sec. 60.482-7a(f) shall be 
signed by the owner or operator. Alternatively, the owner or operator 
may establish a mechanism with their permitting authority that satisfies 
this requirement.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 60.482-4a.
    (4)(i) The dates of each compliance test as required in Sec. Sec. 
60.482-2a(e), 60.482-3a(i), 60.482-4a, and 60.482-7a(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) A list of identification numbers for equipment that the owner or 
operator designates as operating in VOC service less than 300 hr/yr in 
accordance with Sec. 60.482-1a(e), a description of the conditions 
under which the equipment is in VOC service, and rationale supporting 
the designation that it is in VOC service less than 300 hr/yr.
    (7) The date and results of the weekly visual inspection for 
indications of liquids dripping from pumps in light liquid service.
    (8) Records of the information specified in paragraphs (e)(8)(i) 
through (vi) of this section for monitoring instrument calibrations 
conducted according to sections 8.1.2 and 10 of Method 21 of appendix A-
7 of this part and Sec. 60.485a(b).

[[Page 568]]

    (i) Date of calibration and initials of operator performing the 
calibration.
    (ii) Calibration gas cylinder identification, certification date, 
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter 
readout could not be adjusted to correspond to the calibration gas value 
in accordance with section 10.1 of Method 21 of appendix A-7 of this 
part.
    (v) Results of each calibration drift assessment required by Sec. 
60.485a(b)(2) (i.e., instrument reading for calibration at end of 
monitoring day and the calculated percent difference from the initial 
calibration value).
    (vi) If an owner or operator makes their own calibration gas, a 
description of the procedure used.
    (9) The connector monitoring schedule for each process unit as 
specified in Sec. 60.482-11a(b)(3)(v).
    (10) Records of each release from a pressure relief device subject 
to Sec. 60.482-4a.
    (f) The following information pertaining to all valves subject to 
the requirements of Sec. 60.482-7a(g) and (h), all pumps subject to the 
requirements of Sec. 60.482-2a(g), and all connectors subject to the 
requirements of Sec. 60.482-11a(e) shall be recorded in a log that is 
kept in a readily accessible location:
    (1) A list of identification numbers for valves, pumps, and 
connectors that are designated as unsafe-to-monitor, an explanation for 
each valve, pump, or connector stating why the valve, pump, or connector 
is unsafe-to-monitor, and the plan for monitoring each valve, pump, or 
connector.
    (2) A list of identification numbers for valves that are designated 
as difficult-to-monitor, an explanation for each valve stating why the 
valve is difficult-to-monitor, and the schedule for monitoring each 
valve.
    (g) The following information shall be recorded for valves complying 
with Sec. 60.483-2a:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (h) The following information shall be recorded in a log that is 
kept in a readily accessible location:
    (1) Design criterion required in Sec. Sec. 60.482-2a(d)(5) and 
60.482-3a(e)(2) and explanation of the design criterion; and
    (2) Any changes to this criterion and the reasons for the changes.
    (i) The following information shall be recorded in a log that is 
kept in a readily accessible location for use in determining exemptions 
as provided in Sec. 60.480a(d):
    (1) An analysis demonstrating the design capacity of the affected 
facility,
    (2) A statement listing the feed or raw materials and products from 
the affected facilities and an analysis demonstrating whether these 
chemicals are heavy liquids or beverage alcohol, and
    (3) An analysis demonstrating that equipment is not in VOC service.
    (j) Information and data used to demonstrate that a piece of 
equipment is not in VOC service shall be recorded in a log that is kept 
in a readily accessible location.
    (k) The provisions of Sec. 60.7(b) and (d) do not apply to affected 
facilities subject to this subpart.



Sec. 60.487a  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall submit semiannual reports to the Administrator beginning 6 months 
after the initial startup date.
    (b) The initial semiannual report to the Administrator shall include 
the following information:
    (1) Process unit identification.
    (2) Number of valves subject to the requirements of Sec. 60.482-7a, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec. 60.482-7a(f).
    (3) Number of pumps subject to the requirements of Sec. 60.482-2a, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec. 60.482-2a(e) and those pumps complying with Sec. 
60.482-2a(f).
    (4) Number of compressors subject to the requirements of Sec. 
60.482-3a, excluding those compressors designated for no detectable 
emissions under the provisions of Sec. 60.482-3a(i) and those 
compressors complying with Sec. 60.482-3a(h).
    (5) Number of connectors subject to the requirements of Sec. 
60.482-11a.
    (c) All semiannual reports to the Administrator shall include the 
following

[[Page 569]]

information, summarized from the information in Sec. 60.486a:
    (1) Process unit identification.
    (2) For each month during the semiannual reporting period,
    (i) Number of valves for which leaks were detected as described in 
Sec. 60.482-7a(b) or Sec. 60.483-2a,
    (ii) Number of valves for which leaks were not repaired as required 
in Sec. 60.482-7a(d)(1),
    (iii) Number of pumps for which leaks were detected as described in 
Sec. 60.482-2a(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec. 60.482-2a(c)(1) and (d)(6),
    (v) Number of compressors for which leaks were detected as described 
in Sec. 60.482-3a(f),
    (vi) Number of compressors for which leaks were not repaired as 
required in Sec. 60.482-3a(g)(1),
    (vii) Number of connectors for which leaks were detected as 
described in Sec. 60.482-11a(b)
    (viii) Number of connectors for which leaks were not repaired as 
required in Sec. 60.482-11a(d), and
    (ix)-(x) [Reserved]
    (xi) The facts that explain each delay of repair and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (3) Dates of process unit shutdowns which occurred within the 
semiannual reporting period.
    (4) Revisions to items reported according to paragraph (b) of this 
section if changes have occurred since the initial report or subsequent 
revisions to the initial report.
    (d) An owner or operator electing to comply with the provisions of 
Sec. Sec. 60.483-1a or 60.483-2a shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (e) An owner or operator shall report the results of all performance 
tests in accordance with Sec. 60.8 of the General Provisions. The 
provisions of Sec. 60.8(d) do not apply to affected facilities subject 
to the provisions of this subpart except that an owner or operator must 
notify the Administrator of the schedule for the initial performance 
tests at least 30 days before the initial performance tests.
    (f) The requirements of paragraphs (a) through (c) of this section 
remain in force until and unless EPA, in delegating enforcement 
authority to a state under section 111(c) of the CAA, approves reporting 
requirements or an alternative means of compliance surveillance adopted 
by such state. In that event, affected sources within the state will be 
relieved of the obligation to comply with the requirements of paragraphs 
(a) through (c) of this section, provided that they comply with the 
requirements established by the state.



Sec. 60.488a  Reconstruction.

    For the purposes of this subpart:
    (a) The cost of the following frequently replaced components of the 
facility shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital costs that 
would be required to construct a comparable new facility'' under Sec. 
60.15: Pump seals, nuts and bolts, rupture disks, and packings.
    (b) Under Sec. 60.15, the ``fixed capital cost of new components'' 
includes the fixed capital cost of all depreciable components (except 
components specified in Sec. 60.488a(a)) which are or will be replaced 
pursuant to all continuous programs of component replacement which are 
commenced within any 2-year period following the applicability date for 
the appropriate subpart. (See the ``Applicability and designation of 
affected facility'' section of the appropriate subpart.) For purposes of 
this paragraph, ``commenced'' means that an owner or operator has 
undertaken a continuous program of component replacement or that an 
owner or operator has entered into a contractual obligation to undertake 
and complete, within a reasonable time, a continuous program of 
component replacement.



Sec. 60.489a  List of chemicals produced by affected facilities.

    Process units that produce, as intermediates or final products, 
chemicals listed in Sec. 60.489 are covered under this subpart. The 
applicability date for process units producing one or more of these 
chemicals is November 8, 2006.

[[Page 570]]



Subpart WW_Standards of Performance for the Beverage Can Surface Coating 
                                Industry

    Source: 48 FR 38737, Aug. 25, 1983, unless otherwise noted.



Sec. 60.490  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to the following affected 
facilities in beverage can surface coating lines: each exterior base 
coat operation, each overvarnish coating operation, and each inside 
spray coating operation.
    (b) The provisions of this subpart apply to each affected facility 
which is identified in paragraph (a) of this section and commences 
construction, modification, or reconstruction after November 26, 1980.



Sec. 60.491  Definitions.

    (a) All terms which are used in this subpart and are not defined 
below are given the same meaning as in the Act and subpart A of this 
part.
    (1) Beverage can means any two-piece steel or aluminum container in 
which soft drinks or beer, including malt liquor, are packaged. The 
definition does not include containers in which fruit or vegetable 
juices are packaged.
    (2) Exterior base coating operation means the system on each 
beverage can surface coating line used to apply a coating to the 
exterior of a two-piece beverage can body. The exterior base coat 
provides corrosion resistance and a background for lithography or 
printing operations. The exterior base coat operation consists of the 
coating application station, flashoff area, and curing oven. The 
exterior base coat may be pigmented or clear (unpigmented).
    (3) Inside spray coating operation means the system on each beverage 
can surface coating line used to apply a coating to the interior of a 
two-piece beverage can body. This coating provides a protective film 
between the contents of the beverage can and the metal can body. The 
inside spray coating operation consists of the coating application 
station, flashoff area, and curing oven. Multiple applications of an 
inside spray coating are considered to be a single coating operation.
    (4) Overvarnish coating operation means the system on each beverage 
can surface coating line used to apply a coating over ink which reduces 
friction for automated beverage can filling equipment, provides gloss, 
and protects the finished beverage can body from abrasion and corrosion. 
The overvarnish coating is applied to two-piece beverage can bodies. The 
overvarnish coating operation consists of the coating application 
station, flashoff area, and curing oven.
    (5) Two-piece can means any beverage can that consists of a body 
manufactured from a single piece of steel or aluminum and a top. 
Coatings for a two-piece can are usually applied after fabrication of 
the can body.
    (6) VOC content means all volatile organic compounds (VOC) that are 
in a coating. VOC content is expressed in terms of kilograms of VOC per 
liter of coating solids.
    (b) Notations used under Sec. 60.493 of this subpart are defined 
below:

Ca=the VOC concentration in each gas stream leaving the 
control device and entering the atmosphere (parts per million as carbon)
Cb=the VOC concentration in each gas stream entering the 
control device (parts per million as carbon)
Dc=density of each coating, as received (kilograms per liter)
Dd=density of each VOC-solvent added to coatings (kilograms 
per liter)
Dr=density of VOC-solvent recovered by an emission control 
device (kilograms per liter)
E=VOC destruction efficiency of the control device (fraction)
F=the proportion of total VOC emitted by an affected facility which 
enters the control device to total emissions (fraction)
G=the volume-weighted average of VOC in coatings consumed in a calendar 
month per volume of coating solids applied (kilograms per liter of 
coating solids)
He=the fraction of VOC emitted at the coater and flashoff 
areas captured by a collection system
Hh=the fraction of VOC emitted at the cure oven captured by a 
collection system
Lc=the volume of each coating consumed, as received (liters)
Ld=the volume of each VOC-solvent added to coatings (liters)
Lr=the volume of VOC-solvent recovered by an emission control 
device (liters)

[[Page 571]]

Ls=the volume of coating solids consumed (liters)
Md=the mass of VOC-solvent added to coatings (kilograms)
Mo=the mass of VOC-solvent in coatings consumed, as received 
(kilograms)
Mr=the mass of VOC-solvent recovered by emission control 
device (kilograms)
N=the volume-weighted average mass of VOC emissions to atmosphere per 
unit volume of coating solids applied (kilograms per liter of coating 
solids)
Qa=the volumetric flow rate of each gas stream leaving the 
control device and entering the atmosphere (dry standard cubic meters 
per hour)
Qb=the volumetric flow of each gas stream entering the 
control device (dry standard cubic meters per hour)
R=the overall emission reduction efficiency for an affected facility 
(fraction)
Se=the fraction of VOC in coating and diluent VOC-solvent 
emitted at the coater and flashoff area for a coating operation
Sh=the fraction of VOC in coating and diluent solvent emitted 
at the cure oven for a coating operation
Vs=the proportion of solids in each coating, as received 
(fraction by volume)
Wo=the proportion of VOC in each coating, as received 
(fraction by weight).

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



Sec. 60.492  Standards for volatile organic compounds.

    On or after the date on which the initial performance test required 
by Sec. 60.8(a) is completed, no owner or operator subject to the 
provisions of this subpart shall discharge or cause the discharge of VOC 
emissions to the atmoshpere that exceed the following volume-weighted 
calendar-month average emissions:
    (a) 0.29 kilogram of VOC per litre of coating solids from each two-
piece can exterior base coating operation, except clear base coat;
    (b) 0.46 kilogram of VOC per litre of coating solids from each two-
piece can clear base coating operation and from each overvarnish coating 
operation; and
    (c) 0.89 kilogram of VOC per litre of coating solids from each two-
piece can inside spray coating operation.



Sec. 60.493  Performance test and compliance provisions.

    (a) Section 60.8(d) does not apply to monthly performance tests and 
Sec. 60.8(f) does not apply to the performance test procedures required 
by this subpart.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec. 60.8(a) and thereafter 
a performance test each calendar month for each affected facility.
    (1) The owner or operator shall use the following procedures for 
each affected facility that does not use a capture system and a control 
device to comply with the emission limit specified under Sec. 60.492. 
The owner or operator shall determine the VOC-content of the coatings 
from formulation data supplied by the manufacturer of the coating or by 
an analysis of each coating, as received, using Method 24. The 
Administrator may require the owner or operator who uses formulation 
data supplied by the manufacturer of the coating to determine the VOC 
content of coatings using Method 24 or an equivalent or alternative 
method. The owner or operator shall determine from company records the 
volume of coating and the mass of VOC-solvent added to coatings. If a 
common coating distribution system serves more than one affected 
facility or serves both affected and exiting facilities, the owner or 
operator shall estimate the volume of coating used at each facility by 
using the average dry weight of coating, number of cans, and size of 
cans being processed by each affected and existing facility or by other 
procedures acceptable to the Administrator.
    (i) Calculate the volume-weighted average of the total mass of VOC 
per volume of coating solids used during the calendar month for each 
affected facility, except as provided under paragraph (b)(1)(iv) of this 
section. The volume-weighted average of the total mass of VOC per volume 
of coating solids used each calendar month will be determined by the 
following procedures.
    (A) Calculate the mass of VOC used (Mo+Md) 
during the calendar month for the affected facility by the following 
equation:

[[Page 572]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.058

[[Sigma]LdjDdj will be 0 if no VOC solvent is 
added to the coatings, as received.] where n is the number of different 
coatings used during the calendar month and m is the number of different 
diluent VOC-solvents used during the calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in the calendar month for the affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.059

where n is the number of different coatings used during the calendar 
month.

    (C) Calculate the volume-weighted average mass of VOC per volume of 
solids used (G) during the calendar month for the affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.018

    (ii) Calculate the volume-weighted average of VOC emissions 
discharged to the atmosphere (N) during the calendar month for the 
affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.061

    (iii) Where the value of the volume-weighted average mass of VOC per 
volume of solids discharged to the atmosphere (N) is equal to or less 
than the applicable emission limit specified under Sec. 60.492, the 
affected facility is in compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content equal to or less than the limit specified under Sec. 
60.492, the affected facility is in compliance provided no VOC-solvents 
are added to the coating during distribution or application.
    (2) An owner or operator shall use the following procedures for each 
affected facility that uses a capture system and a control device that 
destroys VOC (e.g., incinerator) to comply with the emission limit 
specified under Sec. 60.492.
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device.

For the initial performance test, the overall reduction efficiency (R) 
shall be determined as prescribed in paragraphs (b)(2)(i) (A), (B), and 
(C) of this section. In subsequent months, the owner or operator may use 
the most recently determined overall reduction efficiency for the 
performance test providing control device and capture system operating 
conditions have not changed. The procedure in paragraphs (b)(2)(i), (A), 
(B), and (C) of this section, shall be repeated when directed by the 
Administrator or when the owner or operator elects to operate the 
control device or capture system at conditions different from the 
initial performance test.
    (A) Determine the fraction (F) of total VOC used by the affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.062

where He an Hh shall be determined by a method 
that has been previously approved by the Administrator. The owner or 
operator may use the values of Se and Sh specified 
in table 1 or other values determined by a method that has been 
previously approved by the Administrator.

                 Table 1--Distribution of VOC Emissions
------------------------------------------------------------------------
                                                          Emission
                                                        distribution
                                                   ---------------------
                 Coating operation                   Coater/
                                                     flashoff    Curing
                                                       (Se)    oven (Sh)
------------------------------------------------------------------------
Two-piece aluminum or steel can:
  Exterior base coat operation....................       0.75       0.25
  Overvarnish coating operation...................       0.75       0.25
  Inside spray coating operation..................       0.80       0.20
------------------------------------------------------------------------

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:

[[Page 573]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.241

where n is the number of vents before the control device, and m is the 
number of vents after the control device.

    (C) Determine overall reduction efficiency (R) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.242

    (ii) Calculate the volume-weighted average of the total mass of VOC 
per volume of coating solids (G) used during the calendar month for the 
affected facility using equations (1), (2), and (3).
    (iii) Calculate the volume-weighted average of VOC emissions 
discharged to the atmosphere (N) during the calendar month by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.243

    (iv) If the volume-weighted average of mass of VOC emitted to the 
atmosphere for the calendar month (N) is equal to or less than the 
applicable emission limit specified under Sec. 60.492, the affected 
facility is in compliance.
    (3) An owner or operator shall use the following procedure for each 
affected facility that uses a capture system and a control device that 
recovers the VOC (e.g., carbon adsorber) to comply with the applicable 
emission limit specified under Sec. 60.492.
    (i) Calculate the volume-weighted average of the total mass of VOC 
per unit volume of coating solids applied (G) used during the calendar 
month for the affected facility using equations (1), (2), and (3).
    (ii) Calculate the total mass of VOC recovered (Mr) 
during each calendar month using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.244

    (iii) Calculate overall reduction efficiency of the control device 
(R) for the calendar month for the affected facility using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.245

    (iv) Calculate the volume-weighted average mass of VOC discharged to 
the atmosphere (N) for the calendar month for the afffected facility 
using equation (8).
    (v) If the weighted average of VOC emitted to the atmosphere for the 
calendar month (N) is equal to or less than the applicable emission 
limit specified under Sec. 60.492, the affected facility is in 
compliance.

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



Sec. 60.494  Monitoring of emissions and operations

    The owner or operator of an affected facility that uses a capture 
system and an incinerator to comply with the emission limits specified 
under Sec. 60.492 shall install, calibrate, maintain, and operate 
temperature measurement devices as prescribed below.
    (a) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, temperature measurement devices shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (b) Each temperature measurement device shall be installed, 
calibrated, and maintained according to the manufacturer's 
specifications. The device shall have an accuracy of 0.75 percent of the 
temperature being measured, expressed in degrees Celsius, or 2.5 [deg]C, whichever is greater.
    (c) Each temperature measurement device shall be equipped with a 
recording device so that a permanent continuous record is produced.

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



Sec. 60.495  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility shall include the 
following data in the initial compliance report required under Sec. 
60.8(a).
    (1) Where only coatings which individually have a VOC content equal 
to or less than the limits specified under

[[Page 574]]

Sec. 60.492 are used, and no VOC is added to the coating during the 
application or distribution process, the owner or operator shall provide 
a list of the coatings used for each affected facility and the VOC 
content of each coating calculated from data determined using Method 24 
or supplied by the manufacturers of the coatings.
    (2) Where one or more coatings which individually have a VOC content 
greater than the limits specified under Sec. 60.492 are used or where 
VOC are added or used in the coating process, the owner or operator 
shall report for each affected facility the volume-weighted average of 
the total mass of VOC per volume of coating solids.
    (3) Where compliance is achieved through the use of incineration, 
the owner or operator shall include in the initial performance test 
required under Sec. 60.8(a) the combustion temperature (or the gas 
temperature upstream and downstream of the catalyst bed), the total mass 
of VOC per volume of coating solids before and after the incinerator, 
capture efficiency, and the destruction efficiency of the incinerator 
used to attain compliance with the applicable emission limit specified 
under Sec. 60.492. The owner or operator shall also include a 
description of the method used to establish the amount of VOC captured 
by the capture system and sent to the control device.
    (b) Following the initial performance test, each owner or operator 
shall identify, record, and submit quarterly reports to the 
Administrator of each instance in which the volume-weighted average of 
the total mass of VOC per volume of coating solids, after the control 
device, if capture devices and control systems are used, is greater than 
the limit specified under Sec. 60.492. If no such instances occur 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit at the frequency 
specified in Sec. 60.7(c) the following:
    (1) Where compliance with Sec. 60.492 is achieved through the use 
of thermal incineration, each 3-hour period when cans are processed, 
during which the average temperature of the device was more than 28 
[deg]C below the average temperature of the device during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec. 60.493.
    (2) Where compliance with Sec. 60.492 is achieved through the use 
of catalytic incineration, each 3-hour period when cans are being 
processed, during which the average temperature of the device 
immediately before the catalyst bed is more than 28 [deg]C below the 
average temperature of the device immediately before the catalyst bed 
during the most recent performance test at which destruction efficiency 
was determined as specified under Sec. 60.493 and all 3-hour periods, 
when cans are being processed, during which the average temperature 
difference across the catalyst bed is less than 80 percent of the 
average temperature difference across the catalyst bed during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec. 60.494.
    (3) For thermal and catalytic incinerators, if no such periods as 
described in paragraphs (c)(1) and (c)(2) of this section occur, the 
owner or operator shall state this in the report.
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine VOC emissions from each 
affected facility in the initial and monthly performance tests. Where 
compliance is achieved through the use of thermal incineration, each 
owner or operator shall maintain, at the source, daily records of the 
incinerator combustion chamber temperature. If catalytic incineration is 
used, the owner or operator shall maintain at the source daily records 
of the gas temperature, both upstream and downstream of the incinerator 
catalyst bed. Where compliance is achieved through the use of a solvent 
recovery system, the owner or operator shall maintain at the source 
daily records of the amount of solvent recovered by the system for each 
affected facility.
    (e) The requirements of this section remain in force until and 
unless EPA, in delegating enforcement authority to

[[Page 575]]

a State under section 111(c) of the Act, approves reporting requirements 
or an alternative means of compliance surveillance adopted by such 
State. In that event, affected facilities within the State will be 
relieved of the obligation to comply with this subsection, provided that 
they comply with the requirements established by the State.

[47 FR 49612, Nov. 1, 1982, as amended at 55 FR 51384, Dec. 13, 1990; 65 
FR 61763, Oct. 17, 2000]



Sec. 60.496  Test methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided in Sec. 60.8, shall be used to conduct performance tests.
    (1) Method 24, an equivalent or alternative method approved by the 
Administrator, or manufacturers' formulation data from which the VOC 
content of the coatings used for each affected facility can be 
calculated. In the event of a dispute, Method 24 data shall govern. When 
VOC content of water-borne coatings, determined from data generated by 
Method 24, is used to determine compliance of affected facilities, the 
results of the Method 24 analysis shall be adjusted as described in 
Section 12.6 of Method 24.
    (2) Method 25 or an equivalent or alternative method for the 
determination of the VOC concentration in the effluent gas entering and 
leaving the control device for each stack equipped with an emission 
control device. The owner or operator shall notify the Administrator at 
least 30 days in advance of any State test using Method 25. The 
following reference methods are to be used in conjunction with Method 
25:
    (i) Method 1 for sample and velocity traverses,
    (ii) Method 2 for velocity and volumetric flow rate,
    (iii) Method 3 for gas analysis, and
    (iv) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be a 1-litre sample 
collected in a 1-litre container at a point where the sample will be 
representative of the coating material.
    (c) For Method 25, the sampling time for each of three runs must be 
at least 1 hour. The minimum sample volume must be 0.003 dscm except 
that shorter sampling times or smaller volumes, when necessitated by 
process variables or other factors, may be approved by the 
Administrator. The Administrator will approve the sampling of 
representative stacks on a case-by-case basis if the owner or operator 
can demonstrate to the satisfaction of the Administrator that the 
testing of representative stacks would yield results comparable to those 
that would be obtained by testing all stacks.

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



     Subpart XX_Standards of Performance for Bulk Gasoline Terminals

    Source: 48 FR 37590, Aug. 18, 1983, unless otherwise noted.



Sec. 60.500  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is the total of all the loading racks at a bulk gasoline terminal 
which deliver liquid product into gasoline tank trucks.
    (b) Each facility under paragraph (a) of this section, the 
construction or modification of which is commenced after December 17, 
1980, is subject to the provisions of this subpart.
    (c) For purposes of this subpart, any replacement of components of 
an existing facility, described in paragraph (a) of this section, 
commenced before August 18, 1983 in order to comply with any emission 
standard adopted by a State or political subdivision thereof will not be 
considered a reconstruction under the provisions of 40 CFR 60.15.

    Note: The intent of these standards is to minimize the emissions of 
VOC through the application of best demonstrated technologies (BDT). The 
numerical emission limits in this standard are expressed in terms of 
total organic compounds. This emission limit reflects the performance of 
BDT.



Sec. 60.501  Definitions.

    The terms used in this subpart are defined in the Clean Air Act, in 
Sec. 60.2 of this part, or in this section as follows:
    Bulk gasoline terminal means any gasoline facility which receives 
gasoline by pipeline, ship or barge, and has a gasoline throughput 
greater than 75,700

[[Page 576]]

liters per day. Gasoline throughput shall be the maximum calculated 
design throughput as may be limited by compliance with an enforceable 
condition under Federal, State or local law and discoverable by the 
Administrator and any other person.
    Continuous vapor processing system means a vapor processing system 
that treats total organic compounds vapors collected from gasoline tank 
trucks on a demand basis without intermediate accumulation in a vapor 
holder.
    Existing vapor processing system means a vapor processing system 
[capable of achieving emissions to the atmosphere no greater than 80 
milligrams of total organic compounds per liter of gasoline loaded], the 
construction or refurbishment of which was commenced before December 17, 
1980, and which was not constructed or refurbished after that date.
    Flare means a thermal oxidation system using an open (without 
enclosure) flame.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater which is used as a fuel for internal combustion engines.
    Gasoline tank truck means a delivery tank truck used at bulk 
gasoline terminals which is loading gasoline or which has loaded 
gasoline on the immediately previous load.
    Intermittent vapor processing system means a vapor processing system 
that employs an intermediate vapor holder to accumulate total organic 
compounds vapors collected from gasoline tank trucks, and treats the 
accumulated vapors only during automatically controlled cycles.
    Loading rack means the loading arms, pumps, meters, shutoff valves, 
relief valves, and other piping and valves necessary to fill delivery 
tank trucks.
    Refurbishment means, with reference to a vapor processing system, 
replacement of components of, or addition of components to, the system 
within any 2-year period such that the fixed capital cost of the new 
components required for such component replacement or addition exceeds 
50 percent of the cost of a comparable entirely new system.
    Thermal oxidation system means a combustion device used to mix and 
ignite fuel, air pollutants, and air to provide a flame to heat and 
oxidize hazardous air pollutants. Auxiliary fuel may be used to heat air 
pollutants to combustion temperatures.
    Total organic compounds means those compounds measured according to 
the procedures in Sec. 60.503.
    Vapor collection system means any equipment used for containing 
total organic compounds vapors displaced during the loading of gasoline 
tank trucks.
    Vapor processing system means all equipment used for recovering or 
oxidizing total organic compounds vapors displaced from the affected 
facility.
    Vapor-tight gasoline tank truck means a gasoline tank truck which 
has demonstrated within the 12 preceding months that its product 
delivery tank will sustain a pressure change of not more than 750 
pascals (75 mm of water) within 5 minutes after it is pressurized to 
4,500 pascals (450 mm of water). This capability is to be demonstrated 
using the pressure test procedure specified in Method 27.

[48 FR 37590, Aug. 18, 1983, as amended at 65 FR 61763, Oct. 17, 2000; 
68 FR 70965, Dec. 19, 2003]



Sec. 60.502  Standard for Volatile Organic Compound (VOC) emissions
from bulk gasoline terminals.

    On and after the date on which Sec. 60.8(a) requires a performance 
test to be completed, the owner or operator of each bulk gasoline 
terminal containing an affected facility shall comply with the 
requirements of this section.
    (a) Each affected facility shall be equipped with a vapor collection 
system designed to collect the total organic compounds vapors displaced 
from tank trucks during product loading.
    (b) The emissions to the atmosphere from the vapor collection system 
due to the loading of liquid product into gasoline tank trucks are not 
to exceed 35 milligrams of total organic compounds per liter of gasoline 
loaded, except as noted in paragraph (c) of this section.
    (c) For each affected facility equipped with an existing vapor 
processing system, the emissions to the atmosphere from the vapor 
collection

[[Page 577]]

system due to the loading of liquid product into gasoline tank trucks 
are not to exceed 80 milligrams of total organic compounds per liter of 
gasoline loaded.
    (d) Each vapor collection system shall be designed to prevent any 
total organic compounds vapors collected at one loading rack from 
passing to another loading rack.
    (e) Loadings of liquid product into gasoline tank trucks shall be 
limited to vapor-tight gasoline tank trucks using the following 
procedures:
    (1) The owner or operator shall obtain the vapor tightness 
documentation described in Sec. 60.505(b) for each gasoline tank truck 
which is to be loaded at the affected facility.
    (2) The owner or operator shall require the tank identification 
number to be recorded as each gasoline tank truck is loaded at the 
affected facility.
    (3)(i) The owner or operator shall cross-check each tank 
identification number obtained in paragraph (e)(2) of this section with 
the file of tank vapor tightness documentation within 2 weeks after the 
corresponding tank is loaded, unless either of the following conditions 
is maintained:
    (A) If less than an average of one gasoline tank truck per month 
over the last 26 weeks is loaded without vapor tightness documentation 
then the documentation cross-check shall be performed each quarter; or
    (B) If less than an average of one gasoline tank truck per month 
over the last 52 weeks is loaded without vapor tightness documentation 
then the documentation cross-check shall be performed semiannually.
    (ii) If either the quarterly or semiannual cross-check provided in 
paragraphs (e)(3)(i) (A) through (B) of this section reveals that these 
conditions were not maintained, the source must return to biweekly 
monitoring until such time as these conditions are again met.
    (4) The terminal owner or operator shall notify the owner or 
operator of each non-vapor-tight gasoline tank truck loaded at the 
affected facility within 1 week of the documentation cross-check in 
paragraph (e)(3) of this section.
    (5) The terminal owner or operator shall take steps assuring that 
the nonvapor-tight gasoline tank truck will not be reloaded at the 
affected facility until vapor tightness documentation for that tank is 
obtained.
    (6) Alternate procedures to those described in paragraphs (e)(1) 
through (5) of this section for limiting gasoline tank truck loadings 
may be used upon application to, and approval by, the Administrator.
    (f) The owner or operator shall act to assure that loadings of 
gasoline tank trucks at the affected facility are made only into tanks 
equipped with vapor collection equipment that is compatible with the 
terminal's vapor collection system.
    (g) The owner or operator shall act to assure that the terminal's 
and the tank truck's vapor collection systems are connected during each 
loading of a gasoline tank truck at the affected facility. Examples of 
actions to accomplish this include training drivers in the hookup 
procedures and posting visible reminder signs at the affected loading 
racks.
    (h) The vapor collection and liquid loading equipment shall be 
designed and operated to prevent gauge pressure in the delivery tank 
from exceeding 4,500 pascals (450 mm of water) during product loading. 
This level is not to be exceeded when measured by the procedures 
specified in Sec. 60.503(d).
    (i) No pressure-vacuum vent in the bulk gasoline terminal's vapor 
collection system shall begin to open at a system pressure less than 
4,500 pascals (450 mm of water).
    (j) Each calendar month, the vapor collection system, the vapor 
processing system, and each loading rack handling gasoline shall be 
inspected during the loading of gasoline tank trucks for total organic 
compounds liquid or vapor leaks. For purposes of this paragraph, 
detection methods incorporating sight, sound, or smell are acceptable. 
Each detection of a leak shall be recorded and the source of the leak 
repaired within 15 calendar days after it is detected.

[48 FR 37590, Aug. 18, 1983; 48 FR 56580, Dec. 22, 1983, as amended at 
54 FR 6678, Feb. 14, 1989; 64 FR 7466, Feb. 12, 1999]

[[Page 578]]



Sec. 60.503  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b). The 
three-run requirement of Sec. 60.8(f) does not apply to this subpart.
    (b) Immediately before the performance test required to determine 
compliance with Sec. 60.502 (b), (c), and (h), the owner or operator 
shall use Method 21 to monitor for leakage of vapor all potential 
sources in the terminal's vapor collection system equipment while a 
gasoline tank truck is being loaded. The owner or operator shall repair 
all leaks with readings of 10,000 ppm (as methane) or greater before 
conducting the performance test.
    (c) The owner or operator shall determine compliance with the 
standards in Sec. 60.502 (b) and (c) as follows:
    (1) The performance test shall be 6 hours long during which at least 
300,000 liters of gasoline is loaded. If this is not possible, the test 
may be continued the same day until 300,000 liters of gasoline is loaded 
or the test may be resumed the next day with another complete 6-hour 
period. In the latter case, the 300,000-liter criterion need not be met. 
However, as much as possible, testing should be conducted during the 6-
hour period in which the highest throughput normally occurs.
    (2) If the vapor processing system is intermittent in operation, the 
performance test shall begin at a reference vapor holder level and shall 
end at the same reference point. The test shall include at least two 
startups and shutdowns of the vapor processor. If this does not occur 
under automatically controlled operations, the system shall be manually 
controlled.
    (3) The emission rate (E) of total organic compounds shall be 
computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.063

where:

E=emission rate of total organic compounds, mg/liter of gasoline loaded.
Vesi=volume of air-vapor mixture exhausted at each interval 
``i'', scm.
Cei=concentration of total organic compounds at each interval 
``i'', ppm.
L=total volume of gasoline loaded, liters.
n=number of testing intervals.
i=emission testing interval of 5 minutes.
K=density of calibration gas, 1.83x10\6\ for propane and 2.41x10\6\ for 
butane, mg/scm.

    (4) The performance test shall be conducted in intervals of 5 
minutes. For each interval ``i'', readings from each measurement shall 
be recorded, and the volume exhausted (Vesi) and the 
corresponding average total organic compounds concentration 
(Cei) shall be determined. The sampling system response time 
shall be considered in determining the average total organic compounds 
concentration corresponding to the volume exhausted.
    (5) The following methods shall be used to determine the volume 
(Vesi) air-vapor mixture exhausted at each interval:
    (i) Method 2B shall be used for combustion vapor processing systems.
    (ii) Method 2A shall be used for all other vapor processing systems.
    (6) Method 25A or 25B shall be used for determining the total 
organic compounds concentration (Cei) at each interval. The 
calibration gas shall be either propane or butane. The owner or operator 
may exclude the methane and ethane content in the exhaust vent by any 
method (e.g., Method 18) approved by the Administrator.
    (7) To determine the volume (L) of gasoline dispensed during the 
performance test period at all loading racks whose vapor emissions are 
controlled by the processing system being tested, terminal records or 
readings from gasoline dispensing meters at each loading rack shall be 
used.
    (d) The owner or operator shall determine compliance with the 
standard in Sec. 60.502(h) as follows:
    (1) A pressure measurement device (liquid manometer, magnehelic 
gauge, or equivalent instrument), capable of measuring up to 500 mm of 
water gauge pressure with 2.5 mm of water 
precision, shall be calibrated and installed on the terminal's vapor 
collection system at a pressure tap located as close as possible to the 
connection with the gasoline tank truck.

[[Page 579]]

    (2) During the performance test, the pressure shall be recorded 
every 5 minutes while a gasoline truck is being loaded; the highest 
instantaneous pressure that occurs during each loading shall also be 
recorded. Every loading position must be tested at least once during the 
performance test.
    (e) The performance test requirements of paragraph (c) of this 
section do not apply to flares defined in Sec. 60.501 and meeting the 
requirements in Sec. 60.18(b) through (f). The owner or operator shall 
demonstrate that the flare and associated vapor collection system is in 
compliance with the requirements in Sec. Sec. 60.18(b) through (f) and 
60.503(a), (b), and (d).
    (f) The owner or operator shall use alternative test methods and 
procedures in accordance with the alternative test method provisions in 
Sec. 60.8(b) for flares that do not meet the requirements in Sec. 
60.18(b).

[54 FR 6678, Feb. 14, 1989; 54 FR 21344, Feb. 14, 1989, as amended at 68 
FR 70965, Dec. 19, 2003]



Sec. 60.504  [Reserved]



Sec. 60.505  Reporting and recordkeeping.

    (a) The tank truck vapor tightness documentation required under 
Sec. 60.502(e)(1) shall be kept on file at the terminal in a permanent 
form available for inspection.
    (b) The documentation file for each gasoline tank truck shall be 
updated at least once per year to reflect current test results as 
determined by Method 27. This documentation shall include, as a minimum, 
the following information:
    (1) Test title: Gasoline Delivery Tank Pressure Test--EPA Reference 
Method 27.
    (2) Tank owner and address.
    (3) Tank identification number.
    (4) Testing location.
    (5) Date of test.
    (6) Tester name and signature.
    (7) Witnessing inspector, if any: Name, signature, and affiliation.
    (8) Test results: Actual pressure change in 5 minutes, mm of water 
(average for 2 runs).
    (c) A record of each monthly leak inspection required under Sec. 
60.502(j) shall be kept on file at the terminal for at least 2 years. 
Inspection records shall include, as a minimum, the following 
information:
    (1) Date of inspection.
    (2) Findings (may indicate no leaks discovered; or location, nature, 
and severity of each leak).
    (3) Leak determination method.
    (4) Corrective action (date each leak repaired; reasons for any 
repair interval in excess of 15 days).
    (5) Inspector name and signature.
    (d) The terminal owner or operator shall keep documentation of all 
notifications required under Sec. 60.502(e)(4) on file at the terminal 
for at least 2 years.
    (e) As an alternative to keeping records at the terminal of each 
gasoline cargo tank test result as required in paragraphs (a), (c), and 
(d) of this section, an owner or operator may comply with the 
requirements in either paragraph (e)(1) or (2) of this section.
    (1) An electronic copy of each record is instantly available at the 
terminal.
    (i) The copy of each record in paragraph (e)(1) of this section is 
an exact duplicate image of the original paper record with certifying 
signatures.
    (ii) The permitting authority is notified in writing that each 
terminal using this alternative is in compliance with paragraph (e)(1) 
of this section.
    (2) For facilities that utilize a terminal automation system to 
prevent gasoline cargo tanks that do not have valid cargo tank vapor 
tightness documentation from loading (e.g., via a card lock-out system), 
a copy of the documentation is made available (e.g., via facsimile) for 
inspection by permitting authority representatives during the course of 
a site visit, or within a mutually agreeable time frame.
    (i) The copy of each record in paragraph (e)(2) of this section is 
an exact duplicate image of the original paper record with certifying 
signatures.
    (ii) The permitting authority is notified in writing that each 
terminal using this alternative is in compliance with paragraph (e)(2) 
of this section.
    (f) The owner or operator of an affected facility shall keep records 
of all replacements or additions of components performed on an existing 
vapor processing system for at least 3 years.

[48 FR 37590, Aug. 18, 1983; 48 FR 56580, Dec. 22, 1983, as amended at 
68 FR 70965, Dec. 19, 2003]

[[Page 580]]



Sec. 60.506  Reconstruction.

    For purposes of this subpart:
    (a) The cost of the following frequently replaced components of the 
affected facility shall not be considered in calculating either the 
``fixed capital cost of the new components'' or the ``fixed capital 
costs that would be required to construct a comparable entirely new 
facility'' under Sec. 60.15: pump seals, loading arm gaskets and 
swivels, coupler gaskets, overfill sensor couplers and cables, flexible 
vapor hoses, and grounding cables and connectors.
    (b) Under Sec. 60.15, the ``fixed capital cost of the new 
components'' includes the fixed capital cost of all depreciable 
components (except components specified in Sec. 60.506(a)) which are or 
will be replaced pursuant to all continuous programs of component 
replacement which are commenced within any 2-year period following 
December 17, 1980. For purposes of this paragraph, ``commenced'' means 
that an owner or operator has undertaken a continuous program of 
component replacement or that an owner or operator has entered into a 
contractual obligation to undertake and complete, within a reasonable 
time, a continuous program of component replacement.



  Subpart AAA_Standards of Performance for New Residential Wood Heaters

    Source: 53 FR 5873, Feb. 26, 1988, unless otherwise noted.



Sec. 60.530  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each wood heater manufactured on or after July 1, 1988, or sold 
at retail on or after July 1, 1990. The provisions of this subpart do 
not apply to wood heaters constructed prior to July 1, 1988, that are or 
have been owned by a noncommercial owner for his personal use.
    (b) Each affected facility shall comply with the applicable emission 
limits in Sec. 60.532 unless exempted under paragraph (c), (d), (e), 
(f), (g) or (h) of this section.
    (c)-(d) [Reserved]
    (e) Affected facilities manufactured in the U.S. for export are 
exempt from the applicable emission limits of Sec. 60.532 and the 
requirements of Sec. 60.533.
    (f) A wood heater used for research and development purposes that is 
never offered for sale or sold is exempt from the applicable emission 
limits of Sec. 60.532 and the requirements of Sec. 60.533. No more 
than 50 wood heaters manufactured per model line may be exempted for 
this purpose.
    (g) A coal-only heater is exempt from the applicable emission limits 
of Sec. 60.532 and the requirements of Sec. 60.533.
    (h) The following are not affected facilities and are not subject to 
this subpart:
    (1) Open masonry fireplaces constructed on site,
    (2) Boilers,
    (3) Furnaces, and
    (4) Cookstoves.
    (i) Modification or reconstruction, as defined in Sec. Sec. 60.14 
and 60.15 of subpart A, shall not, by itself, make a wood heater an 
affected facility under this subpart.

[53 FR 5873, Feb. 26, 1988, as amended at 60 FR 33925, June 29, 1995]



Sec. 60.531  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and subpart A of this part.
    At retail means the sale by a commercial owner of a wood heater to 
the ultimate purchaser.
    Boiler means a solid fuel burning appliance used primarily for 
heating spaces, other than the space where the appliance is located, by 
the distribution through pipes of a gas or fluid heated in the 
appliance. The appliance must be tested and listed as a boiler under 
accepted American or Canadian safety testing codes. A manufacturer may 
request an exemption in writing from the Administrator by stating why 
the testing and listing requirement is not practicable and by 
demonstrating that his appliance is otherwise a boiler.
    Coal-only heater means an enclosed, coal-burning appliance capable 
of space heating, or domestic water heating, which has all of the 
following characteristics:

[[Page 581]]

    (1) An opening for emptying ash that is located near the bottom or 
the side of the appliance,
    (2) A system that admits air primarily up and through the fuel bed,
    (3) A grate or other similar device for shaking or disturbing the 
fuel bed or power-driven mechanical stoker,
    (4) Installation instructions that state that the use of wood in the 
stove, except for coal ignition purposes, is prohibited by law, and
    (5) The model is listed by a nationally recognized safety-testing 
laboratory for use of coal only, except for coal ignition purposes.
    Commercial owner means any person who owns or controls a wood heater 
in the course of the manufacture, importation, distribution, or sale of 
the wood heater.
    Cookstove means a wood-fired appliance that is designed primarily 
for cooking food and that has the following characteristics:
    (1) An oven, with a volume of 0.028 cubic meters (1 cubic foot) or 
greater, and an oven rack,
    (2) A device for measuring oven temperatures,
    (3) A flame path that is routed around the oven,
    (4) A shaker grate,
    (5) An ash pan,
    (6) An ash clean-out door below the oven, and
    (7) The absence of a fan or heat channels to dissipate heat from the 
appliance.
    Furnace means a solid fuel burning appliance that is designed to be 
located outside of ordinary living areas and that warms spaces other 
than the space where the appliance is located, by the distribution of 
air heated in the appliance through ducts. The appliance must be tested 
and listed as a furnace under accepted American or Canadian safety 
testing codes unless exempted from this provision by the Administrator. 
A manufacturer may request an exemption in writing from the 
Administrator by stating why the testing and listing requirement is not 
practicable and by demonstrating that his appliance is otherwise a 
furnace.
    Manufactured means completed and ready for shipment (whether or not 
packaged).
    Manufacturer means any person who constructs or imports a wood 
heater.
    Model line means all wood heaters offered for sale by a single 
manufacturer that are similar in all material respects.
    Representative affected facility means an individual wood heater 
that is similar in all material respects to other wood heaters within 
the model line it represents.
    Sale means the transfer of ownership or control, except that 
transfer of control shall not constitute a sale for purposes of Sec. 
60.530(f).
    Similar in all material respects means that the construction 
materials, exhaust and inlet air system, and other design features are 
within the allowed tolerances for components identified in Sec. 
60.533(k).
    Wood heater means an enclosed, wood burning appliance capable of and 
intended for space heating or domestic water heating that meets all of 
the following criteria:
    (1) An air-to-fuel ratio in the combustion chamber averaging less 
than 35-to-1 as determined by the test procedure prescribed in Sec. 
60.534 performed at an accredited laboratory;
    (2) A usable firebox volume of less than 0.57 cubic meters (20 cubic 
feet);
    (3) A minimum burn rate of less than 5 kg/hr (11 lb/hr) as 
determined by the test procedure prescribed in Sec. 60.534 performed at 
an accredited laboratory; and
    (4) A maximum weight of 800 kg (1,760 lb). In determining the weight 
of an appliance for these purposes, fixtures and devices that are 
normally sold separately, such as flue pipe, chimney, and masonry 
components that are not an integral part of the appliance or heat 
distribution ducting, shall not be included.

[53 FR 5873, Feb. 26, 1988, as amended at 64 FR 7466, Feb. 12, 1999; 65 
FR 61763, Oct. 17, 2000]



Sec. 60.532  Standards for particulate matter.

    Unless exempted under Sec. 60.530, each affected facility:
    (a) [Reserved]
    (b) Manufactured on or after July 1, 1990, or sold at retail on or 
after July 1, 1992, shall comply with the following

[[Page 582]]

particulate matter emission limits as determined by the test methods and 
procedures in Sec. 60.534:
    (1) An affected facility equipped with a catalytic combustor shall 
not discharge into the atmosphere any gases which contain particulate 
matter in excess of a weighted average of 4.1 g/hr (0.009 lb/hr). 
Particulate emissions during any test run at any burn rate that is 
required to be used in the weighted average shall not exceed the value 
calculated for ``C'' (rounded to 2 significant figures) calculated using 
the following equation:

    (i) At burn rates less than or equal to 2.82 kg/hr (6.2 lb/hr),
    [GRAPHIC] [TIFF OMITTED] TR17OC00.019
    
Where:

BR = Burn rate in kg/hr (lb/hr)
K1 = 3.55 g/kg (0.00355 lb/lb)
K2 = 4.98 g/hr (0.0.011 lb/hr)

    (ii) At burn rates greater than 2.82 kg/hr (6.2 lb/hr), C = 15 g/hr 
(0.033 lb/hr).
    (2) An affected facility not equipped with a catalytic combustor 
shall not discharge into the atmosphere any gases which contain 
particulate matter in excess of a weighted average of 7.5 g/hr (0.017 
lb/hr). Particulate emissions shall not exceed 15 g/hr (0.033 lb/hr) 
during any test run at a burn rate less than or equal to 1.5 kg/hr (3.3 
lb/hr) that is required to be used in the weighted average and 
particulate emissions shall not exceed 18 g/hr (0.040 lb/hr) during any 
test run at a burn rate greater than 1.5 kg/hr (3.3 lb/hr) that is 
required to be used in the weighted average.

[53 FR 5873, Feb. 26, 1988, as amended at 60 FR 33925, June 29, 1995; 65 
FR 61764, Oct. 17, 2000]



Sec. 60.533  Compliance and certification.

    (a) For each model line, compliance with applicable emission limits 
may be determined based on testing of representative affected facilities 
within the model line.
    (b) Any manufacturer of an affected facility may apply to the 
Administrator for a certificate of compliance for a model line. The 
application shall be in writing to: Stationary Source Compliance 
Division (EN-341), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, Attention: Wood Heater Program. The manufacturer must submit two 
complete copies of the application and attachments. The application must 
be signed by the manufacturer, or an authorized representative, and 
shall contain the following:
    (1) The model name and/or design number,
    (2) Two color photographs of the tested unit (or, for models being 
certified under Sec. 60.530(c), photographs of a representative unit), 
one showing a front view and the other, a side view,
    (3)(i) Engineering drawings and specifications of components that 
may affect emissions (including specifications for each component listed 
in paragraph (k) of this section). Manufacturers may use complete 
assembly or design drawings that have been prepared for other purposes, 
but should designate on the drawings the dimensions of each component 
listed in paragraph (k) of this section. Manufacturers shall identify 
tolerances of components of the tested unit listed in paragraph (k)(2) 
of this section that are different from those specified in that 
paragraph, and show that such tolerances may not reasonably be 
anticipated to cause wood heaters in the model line to exceed the 
applicable emission limits.
    (ii) A statement whether the firebox or any firebox component (other 
than one listed in paragraph (k)(3) of this section) will be composed of 
different material from the material used for the firebox or firebox 
component in the wood heater on which certification testing was 
performed and a description of any such differences.
    (iii) For applications to certify a model line of catalytic wood 
heaters to meet the emission limits in Sec. 60.532(b), a statement 
describing the manufacturer's program to ensure consistency in the size 
of any gap in the catalyst bypass mechanism. The statement shall 
describe, in narrative form, the components of the system that affect 
the size of the gap, any specifications for critical dimensions of any 
such components, and the procedure the manufacturer will use to ensure 
consistency in the size of the catalyst bypass gap.
    (4) All documentation pertaining to a valid certification test, 
including the

[[Page 583]]

complete test report and, for all test runs: Raw data sheets, laboratory 
technician notes, calculations, and test results. Documentation shall 
include the items specified in the applicable test methods. Recommended 
formats and guidance materials are available from the Administrator.
    (5) For catalytic wood heaters, a copy of the catalytic combustor 
warranty,
    (6) A statement that the manufacturer will conduct a quality 
assurance program for the model line which satisfies the requirements of 
paragraph (o) of this section,
    (7) A statement describing how the tested unit was sealed by the 
laboratory after the completion of certification testing, and
    (8) A statement that the manufacturer will notify the accredited 
laboratory if the application for certification is granted, within 
thirty days of receipt of notification from EPA.
    (9) Statements that the wood heaters manufactured under this 
certificate will be--
    (i) Similar in all material respects to the wood heater submitted 
for certification testing, and
    (ii) Will be labeled as prescribed in Sec. 60.536,
    (10) For catalytic wood heaters, a statement that the warranty, 
access and inspection, and temperature monitoring provisions in 
paragraphs (c), (d), and (m) of this section will be met,
    (11) A statement that the manufacturer will comply with the 
recordkeeping and reporting requirements in Sec. 60.537,
    (12) A written estimate of the number of wood heaters that the 
manufacturer anticipates that he will produce annually for the first two 
production years. Compliance with this provision may be obtained by 
designating one of the following ranges:
    (i) Less than 2,500,
    (ii) 2,500 to 4,999,
    (iii) 5,000 to 9,999,
    (iv) 10,000 to 49,999, and
    (v) 50,000 or greater; and
    (13) At the beginning of each test run in a certification test 
series, two photographs of the fuel load: One before and one after it is 
placed in the wood heater. One of the photographs shall show the front 
view of the wood load and the other shall show the side view.
    (14) For manufacturers seeking certification of model lines under 
Sec. 60.533(e) to meet the emission limits in Sec. 60.532(b), a 
statement that the manufacturer has entered into a contract with an 
accredited laboratory which satisfies the requirements of paragraph (g) 
of this section.
    (c) If the affected facility is a catalytic wood heater, the 
warranty for the catalytic combustor shall include the replacement of 
the combustor and any prior replacement combustor without charge to the 
consumer for:
    (1) 2 years from the date the consumer purchased the heater for any 
defects in workmanship or materials that prevent the combustor from 
functioning when installed and operated properly in the wood heater, and
    (2) 3 years from the date the consumer purchased the heater for 
thermal crumbling or disintegration of the substrate material for 
heaters manufactured after July 1, 1990.
    (d) The manufacturer of an affected facility equipped with a 
catalytic combustor shall provide for a means to allow the owner to gain 
access readily to the catalyst for inspection or replacement purposes 
and shall document in his application for certification how the catalyst 
is replaced.
    (e)(1) The Administrator shall issue a certificate of compliance for 
a model line if he determines, based on all information submitted by the 
applicant and any other relevant information available to him, that:
    (i) A valid certification test has demonstrated that the wood heater 
representative of the model line complies with the applicable 
particulate emission limits in Sec. 60.532,
    (ii) Any tolerances or materials for components listed in paragraph 
(k) (2) or (3) of this section that are different from those specified 
in those paragraphs may not reasonably be anticipated to cause wood 
heaters in the model line to exceed the applicable emission limits, and
    (iii) The requirements of paragraphs (b), (c), (d), and (m) of this 
section have been met. The program described under paragraph (b)(3)(iii) 
of this section

[[Page 584]]

shall be deemed a tolerance specified in the certified design.
    (2) [Reserved]
    (3) Upon denying certification under this paragraph, the 
Administrator shall give written notice to the manufacturer setting 
forth the basis for his determination.
    (f) To be valid, a certification test must be:
    (1) Announced to the Administrator in accordance with Sec. 
60.534(e),
    (2) Conducted by a testing laboratory accredited by the 
Administrator pursuant to Sec. 60.535,
    (3) Conducted on a wood heater similar in all material respects to 
other wood heaters of the model line that is to be certified, and
    (4) Conducted in accordance with the test methods and procedures 
specified in Sec. 60.534.
    (g) To have a wood heater model certified under Sec. 60.533(e) to 
meet the emission limits in Sec. 60.532(b), a manufacturer must enter 
into a contract with the accredited laboratory that performed the 
certification test, under which the laboratory will:
    (1) Conduct the random compliance audit test at no cost to the 
manufacturer if EPA selects that laboratory to conduct the test, or
    (2) Pay the manufacturer the reasonable cost of a random compliance 
audit test (as determined by EPA) if EPA selects any other laboratory to 
conduct the test.
    (h) [Reserved]
    (i) An applicant for certification may apply for a waiver of the 
requirement to submit the results of a certification test pursuant to 
paragraph (b)(4) of this section, if the wood heaters of the model line 
are similar in all material respects to another model line that has 
already been issued a certificate of compliance. A manufacturer that 
seeks a waiver of certification testing must identify the model line 
that has been certified, and must submit a copy of an agreement with the 
owner of the design permitting the applicant to produce wood heaters of 
that design.
    (j)(1) Unless revoked sooner by the Administrator, a certificate of 
compliance shall be valid:
    (i) [Reserved]
    (ii) For five years from the date of issuance, for a model line 
certified as meeting emission limits in Sec. 60.532(b).
    (2) Upon application for renewal of certification by the 
manufacturer, the Administrator may waive the requirement for 
certification testing upon determining that the model line continues to 
meet the requirements for certification in paragraph (e) of this 
section, or that a waiver of certification is otherwise appropriate.
    (3) Upon waiving certification testing under paragraph (j)(2) of 
this section, the Administrator shall give written notice to the 
manufacturer setting forth the basis for his determination.
    (k)(1) A model line must be recertified whenever any change is made 
in the design submitted pursuant to Sec. 60.533(b)(3) that is presumed 
to affect the particulate emission rate for that model line. The 
Administrator may waive this requirement upon written request by the 
manufacturer, if he determines that the change may not reasonably be 
anticipated to cause wood heaters in the model line to exceed the 
applicable emission limits. The granting of such a waiver does not 
relieve the manufacturer of any compliance obligations under this 
subpart.
    (2) Any change in the indicated tolerances of any of the following 
components (where such components are applicable) is presumed to affect 
particulate emissions if that change exceeds 0.64 
cm (\1/4\ inch) for any linear dimension and 
5 percent for any cross-sectional area relating to 
air introduction systems and catalyst bypass gaps unless other 
dimensions and cross-sectional areas are previously approved by the 
Administrator under paragraph (e)(1)(ii) of this section:
    (i) Firebox: Dimensions,
    (ii) Air introduction systems: Cross-sectional area of restrictive 
air inlets, outlets, and location, and method of control,
    (iii) Baffles: Dimensions and locations,
    (iv) Refractory/insulation: Dimensions and location,
    (v) Catalyst: Dimensions and location,
    (vi) Catalyst bypass mechanism and, for model lines certified to 
meet the emissions limits in Sec. 60.532(b), catalyst

[[Page 585]]

bypass gap tolerances (when bypass mechanism is in closed position): 
Dimensions, cross-sectional area, and location,
    (vii) Flue gas exit: Dimensions and location,
    (viii) Door and catalyst bypass gaskets: Dimensions and fit,
    (ix) Outer shielding and coverings: Dimensions and location,
    (x) Fuel feed system: For wood heaters that are designed primarily 
to burn wood pellets and other wood heaters equipped with a fuel feed 
system, the fuel feed rate, auger motor design and power rating, and the 
angle of the auger to the firebox, and
    (xi) Forced air combustion system: For wood heaters so equipped, the 
location and horsepower of blower motors and the fan blade size.
    (3) Any change in the materials used for the following components is 
presumed to affect emissions:
    (i) Refractory/insulation or
    (ii) Door and catalyst bypass gaskets.
    (4) A change in the make, model, or composition of a catalyst is 
presumed to affect emissions, unless the change has been approved in 
advance by the Administrator, based on test data that demonstrate that 
the replacement catalyst is equivalent to or better than the original 
catalyst in terms of particulate emission reduction.
    (l)(1) The Administrator may revoke certification if he determines 
that the wood heaters being produced in that model line do not comply 
with the requirements of this section or Sec. 60.532. Such a 
determination shall be based on all available evidence, including:
    (i) Test data from a retesting of the original unit on which the 
certification test was conducted,
    (ii) A finding that the certification test was not valid. The 
finding must be based on problems or irregularities with the 
certification test or its documentation, but may be supplemented by 
other information.
    (iii) A finding that the labeling of the wood heater does not comply 
with the requirements of Sec. 60.536,
    (iv) Failure by the manufacturer to comply with reporting and 
recordkeeping requirements under Sec. 60.537,
    (v) Physical examination showing that a significant percentage of 
production units inspected are not similar in all material respects to 
the representative affected facility submitted for testing, or
    (vi) Failure of the manufacturer to conduct a quality assurance 
program in conformity with paragraph (o) of this section.
    (2) Revocation of certification under this paragraph shall not take 
effect until the manufacturer concerned has been given written notice by 
the Administrator setting forth the basis for the proposed determination 
and an opportunity to request a hearing under Sec. 60.539.
    (3) Determination to revoke certification based upon audit testing 
shall be made only in accordance with paragraph (p) of this section.
    (m) A catalytic wood heater shall be equipped with a permanent 
provision to accommodate a commercially available temperature sensor 
which can monitor combustor gas stream temperatures within or 
immediately downstream [within 2.54 centimeters (1 inch)] of the 
combustor surface.
    (n) Any manufacturer of an affected facility subject under Sec. 
60.530(b) to the applicable emission limits of this subpart that does 
not belong to a model line certified under this section shall cause that 
facility to be tested in an accredited laboratory in accordance with 
paragraphs (f) (1), (2), and (4) of this section before it leaves the 
manufacturer's possession and shall report the results to the 
Administrator.
    (o)(1) For each certified model line, the manufacturer shall conduct 
a quality assurance program which satisfies the following requirements:
    (2) Except as provided in paragraph (o)(5) of this section, the 
manufacturer or his authorized representative shall inspect at least one 
from every 150 units produced within a model line to determine that the 
wood heater is within applicable tolerances for all components that 
affect emissions as listed in paragraph (k)(2) of this section.
    (3)(i) Except as provided in paragraph (o)(3)(iii) or (o)(5) of this 
section, the manufacturer or his authorized representative shall conduct 
an emission

[[Page 586]]

test on a randomly selected affected facility produced within a model 
line certified under Sec. 60.533 (e) or (h), on the following schedule:

------------------------------------------------------------------------
   If weighted average          If yearly production per model is--
   certification test    -----------------------------------------------
     results were--                <2500              2500
------------------------------------------------------------------------
70% or less of std......  When directed by EPA,   Every 10,000 stoves or
                           not to exceed once      triennially
                           every 10,000 stoves.    (whichever is more
                                                   frequent).
Within 30% of std.......  Every 5,000 stoves....  Every 5,000 stoves or
                                                   annually (whichever
                                                   is more frequent).
------------------------------------------------------------------------

    (ii) Emission tests shall be conducted in conformity with Sec. 
60.534(a), using either approved method for measuring particulate matter 
(as provided in Sec. 60.534). The manufacturer shall notify EPA by U.S. 
mail that an emissions test required pursuant to this paragraph will be 
conducted within one week of the mailing of the notification.
    (iii) If the manufacturer stated pursuant to paragraph (b)(3) of 
this section that the firebox or any firebox component would be composed 
of a different material than the material used in the wood heater on 
which certification testing was performed, the first test shall be 
performed before 1,000 wood heaters are produced. The manufacturer shall 
submit a report of the results of this emission test to the 
Administrator within 45 days of the completion of testing.
    (4) The manufacturer shall take remedial measures, as appropriate, 
when inspection or testing pursuant to paragraph (o) of this section 
indicates that affected facilities within the model line are not within 
applicable tolerances or do not comply with the applicable emission 
limit. Manufacturers shall record the problem identified, the extent of 
the problem, the remedial measures taken, and the effect of such 
remedial measures as projected by the manufacturer or determined by any 
additional testing.
    (5)(i) If two consecutive passing tests are conducted under either 
paragraph (o) (2) or (3) of this section, the required frequency of 
testing under the applicable paragraph shall be modified as follows: 
Skip every other required test.
    (ii) If five consecutive passing tests are conducted under the 
modified schedule provided for in Paragraph (o)(5)(i) of this section, 
the required frequency of testing under the applicable paragraph shall 
be further modified as follows: Skip three consecutive required tests 
after each required test that is conducted.
    (iii) Testing shall resume on the frequency specified in the 
paragraph (o) (2) or (3), as applicable, if a test failure results 
during any test conducted under a modified schedule.
    (6) If emissions tests under paragraph (o) of this section are 
conducted at an altitude different from the altitude at which 
certification tests were conducted, and are not conducted under 
pressurized conditions, the results shall be adjusted for altitude in 
accordance with paragraph (h)(3)(iii) of this section.
    (p)(1)(i) The Administrator shall after July 1, 1990, select for 
random compliance audit testing certified wood heater model lines that 
have not already been subject to a random compliance audit under this 
paragraph. The Administrator shall not select more than one model line 
under this program for every five model lines for which certification is 
granted under Sec. 60.533(e) to meet the emission limits in Sec. 
60.532(b). No accredited laboratory shall test or bear the expense of 
testing, as provided in the contract described in paragraph (g) of this 
section, more than one model line from every five model lines tested by 
the laboratory for which certification was granted. The Administrator 
shall use a procedure that ensures that the selection process is random.
    (ii) The Administrator may, by means of a neutral selection scheme, 
select model lines certified under Sec. 60.533(e) or Sec. 60.533(h) 
for selective enforcement audit testing under this paragraph. Prior to 
July 1, 1990, the Administrator shall only select a model line for a 
selective enforcement audit on the basis of information indicating that 
affected facilities within the model line may exceed the applicable 
emission limit in Sec. 60.532.
    (2) The Administrator shall randomly select for audit testing five 
production

[[Page 587]]

wood heaters from each model line selected under paragraph (p)(1) of 
this section. These wood heaters shall be selected from completed units 
ready for shipment from the manufacturer's facility (whether or not the 
units are in a package or container). The wood heaters shall be sealed 
upon selection and remain sealed until they are tested or until the 
audit is completed. The wood heaters shall be numbered in the order that 
they were selected.
    (3)(i) The Administrator shall test, or direct the manufacturer to 
test, the first of the five wood heaters selected under paragraph (p)(2) 
of this section in a laboratory accredited under Sec. 60.535 that is 
selected pursuant to paragraph (p)(4) of this section.
    (ii) The expense of the random compliance audit test shall be the 
responsibility of the wood heater manufacturer. A manufacturer may 
require the laboratory that performed the certification test to bear the 
expense of a random compliance audit test by means of the contract 
required under paragraph (g) of this section. If the laboratory with 
which the manufacturer had a contract has ceased business due to 
bankruptcy or is otherwise legally unable to honor the contract, the 
Administrator will not select any of that manufacturer's model lines for 
which certification testing has been conducted by that laboratory for a 
random compliance audit test.
    (iii) The test shall be conducted using the same test method and 
procedure used to obtain certification. If the certification test 
consisted of more than one particulate sampling test method, the 
Adminstrator may use either one of these methods for the purpose of 
audit testing. If the test is performed in a pressure vessel, air 
pressure in the pressure vessel shall be maintained within 1 percent of 
the average of the barometric pressures recorded for each individual 
test run used to calculate the weighted average emission rate for the 
certification test. The Administrator shall notify the manufacturer at 
least one week prior to any test under this paragraph, and allow the 
manufacturer and/or his authorized representatives to observe the test.
    (4)(i) Except as provided in this paragraph, the Administrator may 
select any accredited laboratory for audit testing.
    (ii)(A) The Administrator shall select the accredited laboratory 
that performed the test used to obtain certification for audit testing, 
until the Administrator has amended this subpart, based upon a 
determination pursuant to paragraph (p)(4)(ii)(B) of this section, to 
allow testing at another laboratory. If another laboratory is selected 
pursuant to this paragraph, and the overall precision of the test method 
and procedure is greater than 1 gram per hour 
(0.0022 lb per hour) of the weighted average at 
laboratories below 304 meters (1,000 feet) elevation (or equivalent), 
the interlaboratory component of the precision shall be added to the 
applicable emissions standard for the purposes of this paragraph.
    (B) [Reserved]
    (iii) The Administrator shall not select an accredited laboratory 
that is located at an elevation more than 152 meters (500 feet) higher 
than the elevation of the laboratory which performed the test used to 
obtain certification, unless the audit test is performed in a pressure 
vessel.
    (5)(i) If emissions from a wood heater tested under paragraph (p)(3) 
of this section exceed the applicable weighted average emission limit by 
more than 50 percent, the Administrator shall so notify the manufacturer 
that certification for that model line is suspended effective 72 hours 
from the receipt of the notice, unless the suspension notice is 
withdrawn by the Administrator. The suspension shall remain in effect 
until withdrawn by the Administrator, or 30 days from its effective date 
(if a revocation notice under paragraph (p)(5)(ii) of this section is 
not issued within that period), or the date of final agency action on 
revocation, whichever occurs earlier.
    (ii)(A) If emissions from a wood heater tested under paragraph 
(p)(3) of this section exceed the applicable weighted average emission 
limit, the Administrator shall notify the manufacturer that 
certification is revoked for that model line.
    (B) A revocation notice under paragraph (p)(5)(ii)(A) shall become 
final and effective 60 days after receipt by

[[Page 588]]

the manufacturer, unless it is withdrawn, a hearing is requested under 
Sec. 60.539, or the deadline for requesting a hearing is extended.
    (C) The Administrator may extend the deadline for requesting a 
hearing for up to 60 days for good cause.
    (D) A manufacturer may extend the deadline for requesting a hearing 
for up to six months, by agreeing to a voluntary suspension of 
certification.
    (iii) Any notification under paragraph (p)(5)(i) or (p)(5)(ii) of 
this section shall include a copy of a preliminary test report from the 
accredited laboratory. The accredited laboratory shall provide a 
preliminary test report to the Administrator within 10 days of the 
completion of testing, if a wood heater exceeds the applicable emission 
limit in Sec. 60.532. The laboratory shall provide the Administrator 
and the manufacturer, within 30 days of the completion of testing, all 
documentation pertaining to the test, including the complete test report 
and raw data sheets, laboratory technician notes, and test results for 
all test runs.
    (iv) Upon receiving notification of a test failure under paragraph 
(p)(5)(ii) of this section, the manufacturer may submit some or all of 
the remaining four wood heaters selected under paragraph (p)(2) of this 
section for testing at his own expense, in the order they were selected 
by the Administrator, at the laboratory that performed the emissions 
test for the Administrator.
    (v) Whether or not the manufacturer proceeds under paragraph 
(p)(5)(iv) of this section, the manufacturer may submit any relevant 
information to the Administrator, including any other test data 
generated pursuant to this subpart. The manufacturer shall pay the 
expense of any testing performed for him.
    (vi) The Administrator shall withdraw any notice issued under 
paragraph (p)(5)(ii) of this section if tests under paragraph (p)(5)(iv) 
of this section show either--
    (A) That all four wood heaters tested for the manufacturer met the 
applicable weighted average emission limits, or
    (B) That the second and third wood heaters selected met the 
applicable weighted average emission limits and the average of all three 
weighted averages (including the original audit test) was below the 
applicable weighted average emission limits.
    (vii) The Administrator may withdraw any proposed revocation, if the 
Administrator finds that an audit test failure has been rebutted by 
information submitted by the manufacturer under paragraph (p)(5)(iv) of 
this section and/or (p)(5)(v) of this section or by any other relevant 
information available to him.
    (viii) Any withdrawal of a proposed revocation shall be accompanied 
by a document setting forth its basis.

[53 FR 5874, Feb. 26, 1988; 53 FR 14889, Apr. 26, 1988, as amended at 60 
FR 33925, June 29, 1995; 63 FR 64874, Nov. 24, 1998; 65 FR 61764, Oct. 
17, 2000]



Sec. 60.534  Test methods and procedures.

    Test methods and procedures in appendix A of this part, except as 
provided under Sec. 60.8(b), shall be used to determine compliance with 
the standards and requirements for certification under Sec. Sec. 60.532 
and 60.533 as follows:
    (a) Method 28 shall be used to establish the certification test 
conditions and the particulate matter weighted emission values.
    (b) Emission concentrations may be measured with either:
    (1) Method 5G, if a dilution tunnel sampling location is used, or
    (2) Method 5H, if a stack location is used.
    (c) Method 28A shall be used to determine that a wood combustion 
unit qualifies under the definition of wood heater in Sec. 60.531(a). 
If such a determination is necessary, this test shall be conducted by an 
accredited laboratory.
    (d) Appendix J is used as an optional procedure in establishing the 
overall thermal efficiency of wood heaters. (To be proposed separately.)
    (e)(1) The manufacturer of an affected facility shall notify the 
Administrator of the date that certification testing is scheduled to 
begin. (A notice from the testing lab containing the information 
required in Sec. 60.533(f)(1) may be used to satisfy this requirement.) 
This notice shall be at least 30 days before the start of testing. The 
notification of testing shall be in writing, and

[[Page 589]]

include the manufacturer's name and address, the testing laboratory's 
name, the model name and number (or, if unavailable, some other way to 
distinguish between models), and the dates of testing.
    (2) Any emission testing conducted on the wood heater for which 
notice was delivered shall be presumed to be certification testing if 
such testing occurs on or after the scheduled date of testing and before 
a test report is submitted to the Administrator. If certification 
testing is interrupted for more than 24 hours, the laboratory shall 
notify the Administrator by telephone, as soon as practicable, and also 
by letter, stating why the testing was interrupted and when it is 
expected to be resumed.
    (3) A manufacturer or laboratory may change the date that testing is 
scheduled to begin by notifying the Administrator at least 14 days 
before the start of testing. Notification of schedule change shall be 
made at least two working days prior to the originally scheduled test 
date. This notice of rescheduling shall be made by telephone or other 
expeditious means and shall be documented in writing and sent 
concurrently.
    (4) A model line may be withdrawn from testing before the 
certification test is complete, provided the wood heater is sealed in 
accordance with Sec. 60.535(g). The manufacturer shall notify the 
Administrator 30 days before the resumption of testing.
    (5) The manufacturer or laboratory shall notify the Administrator if 
a test is not completed within the time allotted as set forth in the 
notice of testing. The notification shall be made by the end of the 
allotted testing period by telephone or other expeditious means, and 
documented in writing sent concurrently, and shall contain the dates 
when the test will be resumed. Unless otherwise approved by the 
Administrator, failure to conduct a certification test as scheduled 
without notifying the Administrator of any schedule change 14 days prior 
to the schedule or revised test dates will result in voiding the 
notification. In the case of a voided notification, the manufacturer 
shall provide the Administrator with a second notification at least 30 
days prior to the new test dates. The Administrator may waive the 
requirement for advance notice for test resumptions.
    (f) The testing laboratory shall allow the manufacturer to observe 
certification testing. However, manufacturers shall not involve 
themselves in the conduct of the test after the pretest burn (as defined 
by EPA Method 28) has begun. Communications between the manufacturer and 
laboratory personnel regarding operation of the wood heater shall be 
limited to written communications transmitted prior to the first pretest 
burn of the certification series. Written communications between the 
manufacturer and laboratory personnel may be exchanged during the 
certification test only if deviations from the test procedures are 
observed that constitute improper conduct of the test. All 
communications shall be included in the test documentation required to 
be submitted under Sec. 60.533(b)(4) and shall be consistent with 
instructions provided in the owner's manual required under Sec. 
60.536(k), except to the extent that they address details of the 
certification tests that would not be relevant to owners.



Sec. 60.535  Laboratory accreditation.

    (a)(1) A laboratory may apply for accreditation by the Administrator 
to conduct wood heater certification tests pursuant to Sec. 60.533. The 
application shall be in writing to: Emission Measurement Branch (MD-13), 
U.S. EPA, Research Triangle Park, NC 27711, Attn: Wood Heater Laboratory 
Accreditation.
    (2) [Reserved]
    (3) If accreditation is denied under this section, the Administrator 
shall give written notice to the laboratory setting forth the basis for 
his determination.
    (b) In order for a test laboratory to qualify for accreditation the 
laboratory must:
    (1) Submit its written application providing the information related 
to laboratory equipment and management and technical experience of 
laboratory personnel. Applications from laboratories shall establish 
that:
    (i) Laboratory personnel have a total of one year of relevant 
experience in

[[Page 590]]

particulate measurement, including at least three months experience in 
measuring particulate emissions from wood heaters,
    (ii) The laboratory has the equipment necessary to perform testing 
in accordance with either Sec. 60.534(b) (1) or (2), and
    (iii) Laboratory personnel have experience in test management or 
laboratory management.
    (2) Have no conflict of interest and receive no financial benefit 
from the outcome of certification testing conducted pursuant to Sec. 
60.533,
    (3) Agree to enter into a contract as described in Sec. 60.533(g) 
with each wood heater manufacturer for whom a certification test has 
been performed.
    (4) [Reserved]
    (5) Demonstrate proficiency to achieve reproducible results with at 
least one test method and procedure in Sec. 60.534(b), by:
    (i) Performing a test consisting of at least eight test runs (two in 
each of the four burn rate categories) on a wood heater identified by 
the Administrator,
    (ii) Providing the Administrator at least 30 days prior notice of 
the test to afford the Administrator the opportunity to have an observer 
present, and
    (iii) Submitting to the Administrator all documentation pertaining 
to the test, including a complete test report and raw data sheets, 
laboratory technical notes, and test results for all test runs,
    (6) Be located in the continental United States,
    (7) Agree to participate annually in a proficiency testing program 
conducted by the Administrator,
    (8) Agree to allow the Administrator access to observe certification 
testing,
    (9) Agree to comply with reporting and recordkeeping requirements 
that affect testing laboratories, and
    (10) Agree to accept the reasonable cost of an RCA test (as 
determined by the Administrator) if it is selected to conduct the RCA 
test of a model line originally tested for certification at another 
laboratory.
    (c)-(d) [Reserved]
    (e)(1) The Administrator may revoke EPA laboratory accreditation if 
he determines that the laboratory:
    (i) No longer satisfies the requirements for accreditation in 
paragraph (b) or (c),
    (ii) Does not follow required procedures or practices,
    (iii) Had falsified data or otherwise misrepresented emission data,
    (iv) [Reserved]
    (v) Failed to participate in a proficiency testing program, in 
accordance with its commitment under paragraph (b)(5) of this section, 
or
    (vi) Failed to seal the wood heater in accordance with paragraph (g) 
of this section.
    (2) Revocation of accreditation under this paragraph shall not take 
effect until the laboratory concerned has been given written notice by 
the Administrator setting forth the basis for the proposed determination 
and an opportunity for a hearing under Sec. 60.539. However, if 
revocation is ultimately upheld, all tests conducted by the laboratory 
after written notice was given may, at the discretion of the 
Administrator, be declared invalid.
    (f) Unless revoked sooner, a certificate of accreditation granted by 
the Administrator shall be valid:
    (1) For five years from the date of issuance, for certificates 
issued under paragraph (b) of this section, or
    (2) Until July 1, 1990, for certificates issued under paragraph (c) 
of this section.
    (g) A laboratory accredited by the Administrator shall seal any wood 
heater on which it performed certification tests, immediately upon 
completion or suspension of certification testing, by using a 
laboratory-specific seal.

[53 FR 5873, Feb. 26, 1988, as amended at 60 FR 33925, June 29, 1995; 65 
FR 61764, Oct. 17, 2000]



Sec. 60.536  Permanent label, temporary label, and owner's manual.

    (a)(1) Each affected facility manufactured on or after July 1, 1988, 
or offered for sale at retail on or after July 1, 1990, shall have a 
permanent label affixed to it that meets the requirements of this 
section.
    (2) Except for wood heaters subject to Sec. 60.530 (e), (f), or 
(g), the permanent label shall contain the following information:

[[Page 591]]

    (i) Month and year of manufacture,
    (ii) Model name or number, and
    (iii) Serial number.
    (3) The permanent label shall:
    (i) Be affixed in a readily visible or accessible location,
    (ii) Be at least 8.9 cm long and 5.1 cm wide (3\1/2\ inches long and 
2 inches wide).
    (iii) Be made of a material expected to last the lifetime of the 
wood heater,
    (iv) Present required information in a manner so that it is likely 
to remain legible for the lifetime of the wood heater, and
    (v) Be affixed in such a manner that it cannot be removed from the 
appliance without damage to the label.
    (4) The permanent label may be combined with any other label, as 
long as the required information is displayed, and the integrity of the 
permanent label is not compromised.
    (b) If the wood heater belongs to a model line certified under Sec. 
60.533, and has not been found to exceed the applicable emission limits 
or tolerances through quality assurance testing, one of the following 
statements, as appropriate, shall appear on the permanent label:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Certified to comply with July, 1988, particulate emission standards.
    Not approved for sale after June 30, 1992.


or

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Certified to comply with July, 1990, particulate emission standards.

    (c)(1) If compliance is demonstrated under Sec. 60.530(c), the 
following statement shall appear on the permanent label:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Certified under 40 CFR 60.530(c). Not approved for sale after June 
30, 1992.

    (2) If compliance is demonstrated under Sec. 60.533(h), one of the 
following statements, as appropriate, shall appear on the permanent 
label:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Certified under 40 CFR 60.533(h) to comply with July, 1988 
particulate emissions standards. Not approved for sale after June 30, 
1992.


or

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Certified under 40 CFR 60.533(h), to comply with July, 1990 
particulate emissions standards.

    (d) Any label statement under paragraph (b) or (c) of this section 
constitutes a representation by the manufacturer as to any wood heater 
that bears it:
    (1) That certification was in effect at the time the wood heater 
left the possession of the manufacturer,
    (2) That the manufacturer was, at the time the label was affixed, 
conducting a quality assurance program in conformity with Sec. 
60.533(o),
    (3) That as to any wood heater individually tested for emissions by 
the manufacturer under Sec. 60.533(o)(3), that it met the applicable 
emissions limits, and
    (4) That as to any wood heater individually inspected for tolerances 
under Sec. 60.533(o)(2), that the wood heater is within applicable 
tolerances.
    (e) If an affected facility is exempt from the emission limits in 
Sec. 60.532 under the provisions of Sec. 60.530(d), the following 
statement shall appear on the permanent label:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Not certified. Approved for sale until June 30, 1991.

    (f)(1) If an affected facility is manufactured in the U.S. for 
export, the following statement shall appear on the permanent label:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Export stove. May not be operated within the United States.

    (2) If an affected facility is manufactured for use for research and 
development purposes as provided in Sec. 60.530(f), the following 
statement shall appear on the permanent label:

[[Page 592]]

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Not certified. Research Stove. Not approved for sale.

    (3) If an appliance is a coal-only heater as defined in Sec. 
60.530, the following statement shall appear on the permanent label:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    This heater is only for burning coal. Use of any other solid fuel 
except for coal ignition purposes is a violation of Federal law.

    (g) Any affected facility that does not qualify for labeling under 
any of paragraphs (b) through (f) of this section shall bear one of the 
following labels:
    (1) If the test conducted under Sec. 60.533(n) indicates that the 
facility does not meet applicable emissions limits:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Not certified. Does not meet EPA particulate emission standards. IT 
IS AGAINST THE LAW TO OPERATE THIS WOOD HEATER.

    (2) If the test conducted under Sec. 60.533(n) indicates that the 
facility does meet applicable emissions limits:

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Not certified. Meets EPA particulate emission standards.

    (3) If the facility has not been tested as required by Sec. 
60.533(e):

                  U.S. ENVIRONMENTAL PROTECTION AGENCY

    Not certified. Not tested. Not approved for sale. IT IS AGAINST THE 
LAW TO OPERATE THIS WOOD HEATER.

    (h) For affected facilities equipped with catalytic combustors, the 
following statement shall appear on the permanent label:

    This wood heater contains a catalytic combustor, which needs 
periodic inspection and replacement for proper operation. Consult 
owner's manual for further information. It is against the law to operate 
this wood heater in a manner inconsistent with operating instructions in 
the owner's manual, or if the catalytic element is deactivated or 
removed.

    (i) An affected facility permanently labeled under paragraph (b) or 
(c) of this section shall have attached to it a temporary label that 
shall contain only the following:
    (1) A statement indicating the compliance status of the model. The 
statement shall be one of the statements provided in appendix I, section 
2.2.1. Instructions on the statement to select are provided in appendix 
I.
    (2) A graphic presentation of the composite particulate matter 
emission rate as determined in the certification test, or as determined 
by the Administrator if the wood heater is certified under Sec. 
60.530(c). The method for presenting this information is provided in 
appendix I, section 2.2.2.
    (3) A graphic presentation of the overall thermal efficiency of the 
model. The method for presenting this information is provided in 
appendix I, section 2.2.3. At the discretion of the manufacturer, either 
the actual measured efficiency of the model or its estimated efficiency 
may be used for purposes of this paragraph. The actual efficiency is the 
efficiency measured in tests conducted pursuant to Sec. 60.534(d). The 
estimated efficiency shall be 72 percent if the model is catalyst-
equipped and 63 percent if the model is not catalyst equipped, and 78 
percent if the model is designed to burn wood pellets for fuel. Wood 
heaters certified under Sec. 60.530(c) shall use these estimated 
efficiencies.
    (4) A numerical expression of the heat output range of the unit, in 
British thermal units per hour (Btu/hr) rounded to the nearest 100 Btu/
hr.
    (i) If the manufacturer elects to report the overall efficiency of 
the model based on test results pursuant to paragraph (i)(3) of this 
section, he shall report the heat output range measured during the 
efficiency test. If an accessory device is used in the certification 
test to achieve any low burn rate criterion specified in this subpart, 
and if this accessory device is not sold as a part of the wood heater, 
the heat output range shall be determined using the formula in paragraph 
(i)(4)(ii) of this section based upon the lowest sustainable burn rate 
achieved without the accessory device.

[[Page 593]]

    (ii) If the manufacturer elects to use the estimated efficiency as 
provided in paragraph (i)(3) of this section, he shall estimate the heat 
output of the model as follows:

HOE = Hv x (Estimated overall efficiency/100) x BR

Where:

HOE = Estimated heat output in Btu/hr
Hv = Heating value of fuel, 19,140 Btu/kg (8,700 Btu/lb)
BR = Burn rate of dry test fuel per hour, kg (lb)

    (5) Statements regarding the importance of operation and 
maintenance. (Instructions regarding which statements must be used are 
provided in appendix I, section 2.), and
    (6) The manufacturer and the identification of the model.
    (j)(1) An affected facility permanently labeled under paragraph (e), 
(f)(3), or (g) of this section have attached to it a temporary label 
that shall contain only the information provided for in appendix I, 
section 2.3, 2.4, or 2.5, as applicable.
    (2) The temporary label of an affected facility permently labeled 
under paragraph (b), (c), (e), (f)(3), or (g) of this section shall:
    (i) Be affixed to a location on the wood heater that is readily seen 
and accessible when the wood heater is offered for sale to consumers by 
any commercial owner;
    (ii) Not be combined with any other label or information;
    (iii) Be attached to the wood heater in such a way that it can be 
easily removed by the consumer upon purchase, except that the label on 
wood heaters displayed by a commercial owner may have an adhesive 
backing or other means to preserve the label to prevent its removal or 
destruction;
    (iv) Be printed on 90 pound bond paper in black ink with a white 
background except that those for models that are not otherwise exempted 
which do not meet the applicable emission limits, or have not been 
tested pursuant to this subpart, shall be on a red background as 
described in appendix I, section 2.5;
    (v) Have dimensions of 12.7 centimeters by 17.8 centimeters (5 
inches by 7 inches) as described in appendix I, section 2.1;
    (vi) Have wording, presentation of the graphic data, and typography 
as presented in appendix I.
    (k)(1) Each affected facility offered for sale by a commercial owner 
must be accompanied by an owner's manual that shall contain the 
information listed in paragraph (k)(2) of this section (pertaining to 
installation), and paragraph (k)(3) of this section (pertaining to 
operation and maintenance) of this section. Such information shall be 
adequate to enable consumers to achieve optimal emissions performance. 
Such information shall be consistent with the operating instructions 
provided by the manufacturer to the laboratory for operating the wood 
heater during certification testing, except for details of the 
certification test that would not be relevant to the ultimate purchaser.
    (2) Installation information: Requirements for achieving proper 
draft.
    (3) Operation and maintenance information:
    (i) Wood loading procedures, recommendations on wood selection, and 
warnings on what fuels not to use, such as treated wood, colored paper, 
cardboard, solvents, trash and garbage,
    (ii) Fire starting procedures,
    (iii) Proper use of air controls,
    (iv) Ash removal procedures,
    (v) Instructions on gasket replacement,
    (vi) For catalytic models, information on the following pertaining 
to the catalytic combustor: Procedures for achieving and maintaining 
catalyst activity, maintenance procedures, procedures for determining 
deterioration or failure, procedures for replacement, and information on 
how to exercise warranty rights, and
    (vii) For catalytic models, the following statement--

    This wood heater contains a catalytic combustor, which needs 
periodic inspection and replacement for proper operation. It is against 
the law to operate this wood heater in a manner inconsistent with 
operating instructions in this manual, or if the catalytic element is 
deactivated or removed.

    (4) Any manufacturer using EPA model language contained in appendix 
I to satisfy any requirement of this paragraph shall be in compliance 
with

[[Page 594]]

that requirement, provided that the particular model language is printed 
in full, with only such changes as are necessary to ensure accuracy for 
the particular model line.
    (l) Wood heaters that are affected by this subpart, but that have 
been owned and operated by a noncommercial owner, are not subject to 
paragraphs (j) and (k) of this section when offered for resale.

[53 FR 5873, Feb. 26, 1988, as amended at 53 FR 12009, Apr. 12, 1988; 64 
FR 7466, Feb. 12, 1999; 65 FR 61764, Oct. 17, 2000]



Sec. 60.537  Reporting and recordkeeping.

    (a)(1) Each manufacturer who holds a certificate of compliance under 
Sec. 60.533(e) or (h) for a model line shall maintain records 
containing the information required by this paragraph with respect to 
that model line. Each manufacturer of a model line certified under Sec. 
60.530(c) shall maintain the information required by paragraphs (a)(3) 
and (a)(5) of this section for that model line.
    (2)(i) All documentation pertaining to the certification test used 
to obtain certification, including the full test report and raw data 
sheets, laboratory technician notes, calculations, and the test results 
for all test runs.
    (ii) Where a model line is certified under Sec. 60.533(h) and later 
certified under Sec. 60.533(e), all documentation pertaining to the 
certification test used to obtain certification in each instance shall 
be retained.
    (3) For parameter inspections conducted pursuant to Sec. 
60.533(o)(2), information indicating the extent to which tolerances for 
components that affect emissions as listed in Sec. 60.533(k)(2) were 
inspected, and at what frequency, the results of such inspections, 
remedial actions taken, if any, and any follow-up actions such as 
additional inspections,
    (4) For emissions tests conducted pursuant to Sec. 60.533(o)(3), 
all test reports, data sheets, laboratory technician notes, 
calculations, and test results for all test runs, the remedial actions 
taken, if any, and any follow-up actions such as additional testing,
    (5) The number of affected facilities that are sold each year, by 
certified model line,
    (b)(1) Each accredited laboratory shall maintain records consisting 
of all documentation pertaining to each certification test, including 
the full test report and raw data sheets, technician notes, 
calculations, and the test results for all test runs.
    (2) [Reserved]
    (3) Each accredited laboratory shall report to the Administrator 
within 24 hours whenever a manufacturer which has notified the 
laboratory that it intends to apply for alternative certification for a 
model line fails to submit on schedule a representative unit of that 
model line for certification testing.
    (c) Any wood heater upon which certification tests were performed 
based upon which certification was granted under Sec. 60.533(e) shall 
be retained (sealed and unaltered) at the manufacturer's facility for as 
long as the model line in question is manufactured. Any such wood heater 
shall be made available upon request to the Administrator for inspection 
and testing.
    (d)-(e) [Reserved]
    (f) Each manufacturer of an affected facility certified under Sec. 
60.533 shall submit a report to the Administrator every 2 years 
following issuance of a certificate of compliance for each model line. 
This report shall certify that no changes in the design or manufacture 
of this model line have been made that require recertification under 
Sec. 60.533(k).
    (g) Each manufacturer shall maintain records of the model and number 
of wood heaters exempted under Sec. 60.530(f).
    (h) Each commercial owner of a wood heater previously owned by a 
noncommercial owner for his personal use shall maintain records of the 
name and address of the previous owner.
    (i)(1) Unless otherwise specified, all records required under this 
section shall be maintained by the manufacturer or commercial owner of 
the affected facility for a period of no less than 5 years.
    (2) Unless otherwise specified, all reports to the Administrator 
required under this subpart shall be made to:

[[Page 595]]

Stationary Source Compliance Division (EN-341), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20460 Attention: Wood Heater 
Program.
    (3) A report to the Administrator required under this subpart shall 
be deemed to have been made when it is properly addressed and mailed, or 
placed in the possession of a commercial courier service.

[53 FR 5873, Feb. 26, 1988, as amended at 60 FR 33925, June 29, 1995]



Sec. 60.538  Prohibitions.

    (a) No person shall operate an affected facility that does not have 
affixed to it a permanent label pursuant to Sec. 60.536 (b), (c), (e), 
(f)(2), (f)(3), or (g)(2).
    (b) No manufacturer shall advertise for sale, offer for sale, or 
sell an affected facility that--
    (1) Does not have affixed to it a permanent label pursuant to Sec. 
60.536, and
    (2) Has not been tested when required by Sec. 60.533(n).
    (c) On or after July 1, 1990, no commercial owner shall advertise 
for sale, offer for sale, or sell an affected facility that does not 
have affixed to it a permanent label pursuant to Sec. 60.536 (b), (c), 
(e), (f)(1), (f)(3), (g)(1) or (g)(2). No person shall advertise for 
sale, offer for sale, or sell an affected facility labeled under Sec. 
60.536(f)(1) except for export.
    (d)(1) No commercial owner shall advertise for sale, offer for sale 
or sell an affected facility permanently labeled under Sec. 60.536 (b) 
or (c) unless:
    (i) The affected facility has affixed to it a removable label 
pursuant to Sec. 60.536 of this subpart,
    (ii) He provides any purchaser or transferee with an owner's manual 
pursuant to Sec. 60.536(k) of this subpart, and
    (iii) He provides any purchaser or transferee with a copy of the 
catalytic combustor warranty (for affected facilities with catalytic 
combustors).
    (2) No commercial owner shall advertise for sale, offer for sale, or 
sell an affected facility permanently labeled under Sec. 60.536 (e), 
(f)(3), or (g), unless the affected facility has affixed to it a 
removable label pursuant to Sec. 60.536 of this subpart. This 
prohibition does not apply to wood heaters affected by this subpart that 
have been previously owned and operated by a noncommercial owner.
    (3) A commercial owner other than a manufacturer complies with the 
requirements of paragraph (d) of this section if he--
    (i) Receives the required documentation from the manufacturer or a 
previous commercial owner and
    (ii) Provides that documentation unaltered to any person to whom the 
wood heater that it covers is sold or transferred.
    (e)(1) In any case in which the Administrator revokes a certificate 
of compliance either for the knowing submission of false or inaccurate 
information or other fraudulent acts, or based on a finding under Sec. 
60.533(l)(1)(ii) that the certification test was not valid, he may give 
notice of that revocation and the grounds for it to all commercial 
owners.
    (2) From and after the date of receipt of the notice given under 
paragraph (e)(1) of this section, no commercial owner may sell any wood 
heater covered by the revoked certificate (other than to the 
manufacturer) unless
    (i) The wood heater has been tested as required by Sec. 60.533(n) 
and labeled as required by Sec. 60.536(g) or
    (ii) The model line has been recertified in accordance with this 
subpart.
    (f) No person shall install or operate an affected facility except 
in a manner consistent with the instructions on its permanent label and 
in the owner's manual pursuant to Sec. 60.536(l) of this subpart.
    (g) No person shall operate an affected facility which was 
originally equipped with a catalytic combustor if the catalytic element 
is deactivated or removed.
    (h) No person shall operate an affected facility that has been 
physically altered to exceed the tolerance limits of its certificate of 
compliance.
    (i) No person shall alter, deface, or remove any permanent label 
required to be affixed pursuant to Sec. 60.536 of this subpart.

[53 FR 5873, Feb. 26, 1988; 53 FR 14889, Apr. 26, 1988, as amended at 63 
FR 64874, Nov. 24, 1998]

[[Page 596]]



Sec. 60.539  Hearing and appeal procedures.

    (a)(1) In any case where the Administrator--
    (i) Denies an application under Sec. 60.530(c) or Sec. 60.533(e),
    (ii) Issues a notice of revocation of certification under Sec. 
60.533(l),
    (iii) Denies an application for laboratory accreditation under Sec. 
60.535, or
    (iv) Issues a notice of revocation of laboratory accreditation under 
Sec. 60.535(e), the manufacturer or laboratory affected may request a 
hearing under this section within 30 days following receipt of the 
required notification of the action in question.
    (2) In any case where the Administrator issues a notice of 
revocation under Sec. 60.533(p), the manufacturer may request a hearing 
under this section with the time limits set out in Sec. 60.533(p)(5).
    (b) Any hearing request shall be in writing, shall be signed by an 
authorized representative of the petitioning manufacturer or laboratory, 
and shall include a statement setting forth with particularity the 
petitioner's objection to the Administrator's determination or proposed 
determination.
    (c)(1) Upon receipt of a request for a hearing under paragraph (a) 
of this section, the Administrator shall request the Chief 
Administrative Law Judge to designate an Administrative Law Judge as 
Presiding Officer for the hearing. If the Chief Administrative Law Judge 
replies that no Administrative Law Judge is available to perform this 
function, the Administrator shall designate a Presiding Officer who has 
not had any prior responsibility for the matter under review, and who is 
not subject to the direct control or supervision of someone who has had 
such responsibility.
    (2) The hearing shall commence as soon as practicable at a time and 
place fixed by the Presiding Officer.
    (3)(i) A motion for leave to intervene in any proceeding conducted 
under this section must set forth the grounds for the proposed 
intervention, the position and interest of the movant and the likely 
impact that intervention will have on the expeditious progress of the 
proceeding. Any person already a party to the proceeding may file an 
answer to a motion to intervene, making specific reference to the 
factors set forth in the foregoing sentence and paragraph (c)(3)(iii) of 
this section within ten (10) days after service of the motion for leave 
to intervene.
    (ii) A motion for leave to intervene in a proceeding must ordinarily 
be filed before the first prehearing conference or, in the absence of a 
prehearing conference, prior to the setting of a time and place for a 
hearing. Any motion filed after that time must include, in addition to 
the information set forth in paragraph (c)(3)(i) of this section, a 
statement of good cause for the failure to file in a timely manner. The 
intervenor shall be bound by any agreements, arrangements and other 
matters previously made in the proceeding.
    (iii) A motion for leave to intervene may be granted only if the 
movant demonstrates that his presence in the proceeding would not unduly 
prolong or otherwise prejudice the adjudication of the rights of the 
original parties, and that movant may be adversely affected by a final 
order. The intervenor shall become a full party to the proceeding upon 
the granting of leave to intervene.
    (iv) Persons not parties to the proceeding may move for leave to 
file amicus curiae briefs. The movant shall state his interest and the 
reasons why the proposed amicus brief is desirable. If the motion is 
granted, the Presiding Officer or Administrator shall issue an order 
setting the time for filing such brief. An amicus curia may participate 
in any briefing after his motion is granted, and shall be served with 
all briefs, reply briefs, motions, and orders relating to issues to be 
briefed.
    (4) In computing any period of time prescribed or allowed in this 
subpart, the day of the event from which the designated period begins to 
run shall not be included. Saturdays, Sundays, and Federal legal 
holidays shall be included. When a stated time expires on a Saturday, 
Sunday or legal holiday, the stated time period shall be extended to 
include the next business day.
    (d)(1) Upon his appointment the Presiding Officer shall establish a 
hearing file. The file shall consist of the notice issued by the 
Administrator under

[[Page 597]]

Sec. 60.530(c), Sec. 60.533(e), Sec. 60.533(l), Sec. 60.533(p), 
Sec. 60.535(a), or Sec. 60.535(e), together with any accompanying 
material, the request for a hearing and the supporting data submitted 
therewith, and all documents relating to the request for certification 
or accreditation, or the proposed revocation of either.
    (2) The hearing file shall be available for inspection by any party, 
to the extent authorized by law, at the office of the Presiding Officer, 
or other place designated by him.
    (e) Any party may appear in person, or may be represented by counsel 
or by any other duly authorized representative.
    (f)(1) The Presiding Officer upon the request of any party, or at 
his discretion, may order a prehearing conference at a time and place 
specified by him to consider the following:
    (i) Simplification of the issues,
    (ii) Stipulations, admissions of fact, and the introduction of 
documents,
    (iii) Limitation of the number of expert witnesses,
    (iv) Possibility of agreement disposing of all or any of the issues 
in dispute,
    (v) Such other matters as may aid in the disposition of the hearing, 
including such additional tests as may be agreed upon by the parties.
    (2) The results of the conference shall be reduced to writing by the 
Presiding Officer and made part of the record.
    (g)(1) Hearings shall be conducted by the Presiding Officer in an 
informal but orderly and expeditious manner. The parties may offer oral 
or written evidence, subject to the exclusion by the Presiding Officer 
of irrelevant, immaterial and repetitious evidence.
    (2) Witnesses will not be required to testify under oath. However, 
the Presiding Officer shall call to the attention of witnesses that 
their statements may be subject to penalties under title 18, U.S.C. 1001 
for knowingly making false statements or representations or using false 
documents in any matter within the jurisdiction of any department or 
agency of the United States.
    (3) Any witness may be examined or cross-examined by the Presiding 
Officer, the parties, or their representatives.
    (4) Hearings shall be recorded verbatim. Copies of transcripts of 
proceedings may be purchased by the applicant from the reporter.
    (5) All written statements, charts, tabulations, and similar data 
offered in evidence at the hearings shall, upon a showing satisfactory 
to the Presiding Officer of their authenticity, relevancy, and 
materiality, be received in evidence and shall constitute a part of the 
record.
    (h)(1) The Presiding Officer shall make an initial decision which 
shall include written findings and conclusions and the reasons or basis 
therefor on all the material issues of fact, law, or discretion 
presented on the record. The findings, conclusions, and written decision 
shall be provided to the parties and made a part of the record. The 
initial decision shall become the decision of the Environmental Appeals 
Board without further proceedings unless there is an appeal to the 
Environmental Appeals Board or motion for review by the Environmental 
Appeals Board. Except as provided in paragraph (h)(3) of this section, 
any such appeal shall be taken within 20 days of the date the initial 
decision was filed.
    (2) The Administrator delegates authority to the Environmental 
Appeals Board to issue final decisions in appeals filed under this 
section. An appeal directed to the Administrator, rather than to the 
Environmental Appeals Board, will not be considered. This delegation of 
authority to the Environmental Appeals Board does not preclude the 
Environmental Appeals Board from referring an appeal or a motion filed 
under this part to the Administrator for decision when the Environmental 
Appeals Board, in its discretion, deems it appropriate to do so. When an 
appeal or motion is referred to the Administrator, all parties shall be 
so notified and the rules in this section referring to the Environmental 
Appeals Board shall be interpreted as referring to the Administrator. On 
appeal from or review of the initial decision, the Environmental Appeals 
Board shall have all the powers that it would have in making the initial 
decision including the discretion to require or allow briefs, oral 
argument, the taking

[[Page 598]]

of additional evidence or the remanding to the Presiding Officer for 
additional proceedings. The decision by the Environmental Appeals Board 
shall include written findings and conclusions and the reasons or basis 
therefor on all the material issues of fact, law, or discretion 
presented on the appeal or considered in the review.
    (3) In any hearing requested under paragraph (a)(2) of this section 
the Presiding Officer shall render his initial decision within 60 days 
of that request. Any appeal to the Environmental Appeals Board shall be 
taken within 10 days of the initial decision, and the Environmental 
Appeals Board shall render its decision in the appeal within 30 days of 
the filing of the appeal.

[53 FR 5873, Feb. 26, 1988, as amended at 57 FR 5328, Feb. 13, 1992]



Sec. 60.539a  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities that shall not be delegated to states:
    (1) [Reserved]
    (2) Section 60.531, Definitions,
    (3) Section 60.533, Compliance and certification,
    (4) Section 60.534, Test methods and procedures,
    (5) Section 60.535, Laboratory accreditation,
    (6) Section 60.536(i)(2), determination of emission rates for 
purposes of labeling wood heaters certified under Sec. 60.530(c),
    (7) Section 60.537, Reporting and recordkeeping,
    (8) Section 60.538(e), revocation of certification, and
    (9) Section 60.539, Hearings and appeals procedures.

[53 FR 5873, Feb. 26, 1988, as amended at 60 FR 33925, June 29, 1995]



Sec. 60.539b  General provisions exclusions.

    The following provisions of subpart A of part 60 do not apply to 
this subpart:
    (a) Section 60.7,
    (b) Section 60.8(a), (c), (d), (e), and (f), and
    (c) Section 60.15(d).



 Subpart BBB_Standards of Performance for the Rubber Tire Manufacturing 
                                Industry

    Source: 52 FR 34874, Sept. 15, 1987, unless otherwise noted.



Sec. 60.540  Applicability and designation of affected facilities.

    (a) The provisions of this subpart, except as provided in paragraph 
(b) of this section, apply to each of the following affected facilities 
in rubber tire manufacturing plants that commence construction, 
modification, or reconstruction after January 20, 1983: each undertread 
cementing operation, each sidewall cementing operation, each tread end 
cementing operation, each bead cementing operation, each green tire 
spraying operation, each Michelin-A operation, each Michelin-B 
operation, and each Michelin-C automatic operation.
    (b) The owner or operator of each undertread cementing operation and 
each sidewall cementing operation in rubber tire manufacturing plants 
that commenced construction, modification, or reconstruction after 
January 20, 1983, and before September 15, 1987, shall have the option 
of complying with the alternate provisions in Sec. 60.542a. This 
election shall be irreversible. The alternate provisions in Sec. 
60.542a do not apply to any undertread cementing operation or sidewall 
cementing operation that is modified or reconstructed after September 
15, 1987. The affected facilities in this paragraph are subject to all 
applicable provisions of this subpart.
    (c) Although the affected facilities listed under Sec. 60.540(a) 
are defined in reference to the production of components of a ``tire,'' 
as defined under Sec. 60.541(a), the percent emission reduction 
requirements and VOC use cutoffs specified under Sec. 60.542(a)(1), 
(2), (6), (7)(iii), (7)(iv), (8), (9), and (10) refer to the total 
amount of VOC used (the amount allocated to the affected facility), 
including the VOC used in cements and organic solvent-based green tire 
spray materials for tire types not

[[Page 599]]

listed in the Sec. 60.541(a) definition of ``tire.''

[52 FR 34874, Sept. 15, 1987, as amended at 54 FR 38635, Sept. 19, 1989]



Sec. 60.541  Definitions.

    (a) All terms that are used in this subpart and are not defined 
below are given the same meaning as in the Act and in subpart A of this 
part.
    Bead means rubber-covered strands of wire, wound into a circular 
form, which ensure a seal between a tire and the rim of the wheel onto 
which the tire is mounted.
    Bead cementing operation means the system that is used to apply 
cement to the bead rubber before or after it is wound into its final 
circular form. A bead cementing operation consists of a cement 
application station, such as a dip tank, spray booth and nozzles, cement 
trough and roller or swab applicator, and all other equipment necessary 
to apply cement to wound beads or bead rubber and to allow evaporation 
of solvent from cemented beads.
    Component means a piece of tread, combined tread/sidewall, or 
separate sidewall rubber, or other rubber strip that is combined into 
the sidewall of a finished tire.
    Drying area means the area where VOC from applied cement or green 
tire sprays is allowed to evaporate.
    Enclosure means a structure that surrounds a VOC (cement, solvent, 
or spray) application area and drying area, and that captures and 
contains evaporated VOC and vents it to a control device. Enclosures may 
have permanent and temporary openings.
    Green tire means an assembled, uncured tire.
    Green tire spraying operation means the system used to apply a mold 
release agent and lubricant to the inside and/or outside of green tires 
to facilitate the curing process and to prevent rubber from sticking to 
the curing press. A green tire spraying operation consists of a booth 
where spraying is performed, the spray application station, and related 
equipment, such as the lubricant supply system.
    Michelin-A operation means the operation identified as Michelin-A in 
the Emission Standards and Engineering Division confidential file as 
referenced in Docket A-80-9, Entry II-B-12.
    Michelin-B operation means the operation identified as Michelin-B in 
the Emission Standards and Engineering Division confidential file as 
referenced in Docket A-80-9, Entry II-B-12.
    Michelin-C-automatic operation means the operation identifed as 
Michelin-C-automatic in the Emission Standards and Engineering Division 
confidential file as referenced in Docket A-80-9, Entry II-B-12.
    Month means a calendar month or a prespecified period of 28 days or 
35 days (utilizing a 4-4-5-week recordkeeping and reporting schedule).
    Organic solvent-based green tire spray means any mold release agent 
and lubricant applied to the inside or outside of green tires that 
contains more than 12 percent, by weight, of VOC as sprayed.
    Permanent opening means an opening designed into an enclosure to 
allow tire components to pass through the enclosure by conveyor or other 
mechanical means, to provide access for permanent mechanical or 
electrical equipment, or to direct air flow into the enclosure. A 
permanent opening is not equipped with a door or other means of 
obstruction of air flow.
    Sidewall cementing operation means the system used to apply cement 
to a continuous strip of sidewall component or any other continuous 
strip component (except combined tread/sidewall component) that is 
incorporated into the sidewall of a finished tire. A sidewall cementing 
operation consists of a cement application station and all other 
equipment, such as the cement supply system and feed and takeaway 
conveyors, necessary to apply cement to sidewall strips or other 
continuous strip component (except combined tread/sidewall component) 
and to allow evaporation of solvent from the cemented rubber.
    Temporary opening means an opening into an enclosure that is 
equipped with a means of obstruction, such as a door, window, or port, 
that is normally closed.
    Tire means any agricultural, airplane, industrial, mobile home, 
light-duty truck and/or passenger vehicle tire that has a bead diameter 
less than

[[Page 600]]

or equal to 0.5 meter (m) (19.7 inches) and a cross section dimension 
less than or equal to 0.325 m (12.8 in.), and that is mass produced in 
an assembly-line fashion.
    Tread end cementing operation means the system used to apply cement 
to one or both ends of the tread or combined tread/sidewall component. A 
tread end cementing operation consists of a cement application station 
and all other equipment, such as the cement supply system and feed and 
takeaway conveyors, necessary to apply cement to tread ends and to allow 
evaporation of solvent from the cemented tread ends.
    Undertread cementing operation means the system used to apply cement 
to a continuous strip of tread or combined tread/sidewall component. An 
undertread cementing operation consists of a cement application station 
and all other equipment, such as the cement supply system and feed and 
takeaway conveyors, necessary to apply cement to tread or combined 
tread/sidewall strips and to allow evaporation of solvent from the 
cemented tread or combined tread/sidewall.
    VOC emission control device means equipment that destroys or 
recovers VOC.
    VOC emission reduction system means a system composed of an 
enclosure, hood, or other device for containment and capture of VOC 
emissions and a VOC emission control device.
    Water-based green tire spray means any mold release agent and 
lubricant applied to the inside or outside of green tires that contains 
12 percent or less, by weight, of VOC as sprayed.
    (b) Notations used under this subpart are defined below:

Bo=total number of beads cemented at a particular bead 
cementing affected facility for a month
Ca=concentration of VOC in gas stream in vents after a 
control device (parts per million by volume)
Cb=concentration of VOC in gas stream in vents before a 
control device (parts per million by volume)
Cf=concentration of VOC in each gas stream vented directly to 
the atmosphere from an affected facility or from a temporary enclosure 
around an affected facility (parts per million by volume)
Dc=density of cement or spray material (grams per liter (lb 
per gallon))
Dr=density of VOC recovered by an emission control device 
(grams per liter (lb per gallon))
E=emission control device efficiency, inlet versus outlet (fraction)
Fc=capture efficiency, VOC captured and routed to one control 
device versus total VOC used for an affected facility (fraction)
Fo=fraction of total mass of VOC used in a month by all 
facilities served by a common cement or spray material distribution 
system that is used by a particular affected facility served by the 
common distribution system
G=monthly average mass of VOC used per tire cemented or sprayed with a 
water-based green tire spray for a particular affected facility (grams 
(lb) per tire)
Gb=monthly average mass of VOC used per bead cemented for a 
particular bead cementing affected facility (grams (lb) per bead)
Lc=volume of cement or spray material used for a month 
(liters (gallons))
Lr=volume of VOC recovered by an emission control device for 
a month (liters (gallons))
M=total mass of VOC used for a month by all facilities served by a 
common cement or spray material distribution system (grams (lb))
Mo=total mass of VOC used at an affected facility for a month 
(grams (lb))
Mr=mass of VOC recovered by an emission control device for a 
month (grams (lb))
N=mass of VOC emitted to the atmosphere per tire cemented or sprayed 
with a water-based green tire spray for an affected facility for a month 
(grams (lb) per tire)
Nb=mass of VOC emitted per bead cemented for an affected 
facility for a month (grams (lb) per bead)
Qa=volumetric flow rate in vents after a control device (dry 
standard cubic meters (dry standard cubic feet) per hour)
Qb=volumetric flow rate in vents before a control device (dry 
standard cubic meters (dry standard cubic feet) per hour)
Qf=volumetric flow rate of each stream vented directly to the 
atmosphere from an affected facility or from a temporary enclosure 
around an affected facility (dry standard cubic meters (dry standard 
cubic feet) per hour)
R=overall efficiency of an emission reduction system (fraction)
Td=total number of days in monthly compliance period (days)
To=total number of tires cemented or sprayed with water-based 
green tire sprays at a particular affected facility for a month
Wo=weight fraction of VOC in a cement or spray material.

[52 FR 34874, Sept. 15, 1987, as amended at 65 FR 61764, Oct. 17, 2000]

[[Page 601]]



Sec. 60.542  Standards for volatile organic compounds.

    (a) On and after the date on which the initial performance test, 
required by Sec. 60.8, is completed, but no later than 180 days after 
initial startup, each owner or operator subject to the provisions of 
this subpart shall comply with the following conditions:
    (1) For each undertread cementing operation:
    (i) Discharge into the atmosphere no more than 25 percent of the VOC 
used (75 percent emission reduction) for each month; or
    (ii) Maintain total (uncontrolled) VOC use less than or equal to the 
levels specified below, depending upon the duration of the compliance 
period:
    (A) 3,870 kg (8,531 lb) of VOC per 28 days,
    (B) 4,010 kg (8,846 lb) of VOC per 29 days,
    (C) 4,150 kg (9,149 lb) of VOC per 30 days,
    (D) 4,280 kg (9,436 lb) of VOC per 31 days, or
    (E) 4,840 kg (10,670 lb) of VOC per 35 days.
    (2) For each sidewall cementing operation:
    (i) Discharge into the atmosphere no more than 25 percent of the VOC 
used (75 percent emission reduction) for each month; or
    (ii) Maintain total (uncontrolled) VOC use less than or equal to the 
levels specified below, depending upon the duration of the compliance 
period:
    (A) 3,220 kg (7,099 lb) of VOC per 28 days,
    (B) 3,340 kg (7,363 lb) of VOC per 29 days,
    (C) 3,450 kg (7,606 lb) of VOC per 30 days,
    (D) 3,570 kg (7,870 lb) of VOC per 31 days, or
    (E) 4,030 kg (8,885 lb) of VOC per 35 days.
    (3) For each tread end cementing operation: Discharge into the 
atmosphere no more than 10 grams (0.022 lb) of VOC per tire cemented for 
each month.
    (4) For each bead cementing operation: Discharge into the atmosphere 
no more than 5 grams (0.011 lb) of VOC per bead cemented for each month.
    (5) For each green tire spraying operation where only water-based 
sprays are used:
    (i) Discharge into the atmosphere no more than 1.2 grams (0.0026 lb) 
of VOC per tire sprayed with an inside green tire spray for each month; 
and
    (ii) Discharge into the atmosphere no more than 9.3 grams (0.021 lb) 
of VOC per tire sprayed with an outside green tire spray for each month.
    (6) For each green tire spraying operation where only ogranic 
solvent-based sprays are used:
    (i) Discharge into the atmosphere no more than 25 percent of the VOC 
used (75 percent emission reduction) for each month; or
    (ii) Maintain total (uncontrolled) VOC use less than or equal to the 
levels specified below, depending upon the duration of the compliance 
period:
    (A) 3,220 kg (7,099 lb) of VOC per 28 days,
    (B) 3,340 kg (7,363 lb) of VOC per 29 days,
    (C) 3,450 kg (7,606 lb) of VOC per 30 days,
    (D) 3,570 kg (7,870 lb) of VOC per 31 days, or
    (E) 4,030 kg (8,885 lb) of VOC per 35 days.
    (7) For each green tire spraying operation where both water-based 
and organic solvent-based sprays are used:
    (i) Discharge into the atmosphere no more than 1.2 grams (0.0026 lb) 
of VOC per tire sprayed with a water-based inside green tire spray for 
each month; and
    (ii) Discharge into the atmosphere no more than 9.3 grams (0.021 lb) 
of VOC per tire sprayed with a water-based outside green tire spray for 
each month; and either
    (iii) Discharge into the atmosphere no more than 25 percent of the 
VOC used in the organic solvent-based green tire sprays (75 percent 
emission reduction) for each month; or
    (iv) Maintain total (uncontrolled) VOC use for all organic solvent-
based green tire sprays less than or equal to the levels specified under 
paragraph (a)(6)(ii) of this section.
    (8) For each Michelin-A operation:
    (i) Discharge into the atmosphere no more than 35 percent of the VOC 
used

[[Page 602]]

(65 percent emission reduction) for each month; or
    (ii) Maintain total (uncontrolled) VOC use less than or equal to the 
levels specified below, depending upon the duration of the compliance 
period:
    (A) 1,570 kg (3,461 lb) of VOC per 28 days,
    (B) 1,630 kg (3,593 lb) of VOC per 29 days,
    (C) 1,690 kg (3,726 lb) of VOC per 30 days,
    (D) 1,740 kg (3,836 lb) of VOC per 31 days, or
    (E) 1,970 kg (4,343 lb) of VOC per 35 days.
    (9) For each Michelin-B operation:
    (i) Discharge into the atmosphere no more than 25 percent of the VOC 
used (75 percent emission reduction) for each month; or
    (ii) Maintain total (uncontrolled) VOC use less than or equal to the 
levels specified below, depending upon the duration of the compliance 
period:
    (A) 1,310 kg (2,888 lb) of VOC per 28 days,
    (B) 1,360 kg (2,998 lb) of VOC per 29 days,
    (C) 1,400 kg (3,086 lb) of VOC per 30 days,
    (D) 1,450 kg (3,197 lb) of VOC per 31 days, or
    (E) 1,640 kg (3,616 lb) of VOC per 35 days.
    (10) For each Michelin-C-automatic operation:
    (i) Discharge into the atmosphere no more than 35 percent of the VOC 
used (65 percent emission reduction) for each month; or
    (ii) Maintain total (uncontrolled) VOC use less than or equal to the 
levels specified under paragraph (a)(8)(ii) of this section.

[52 FR 34874, Sept. 15, 1987, as amended at 65 FR 61764, Oct. 17, 2000]



Sec. 60.542a  Alternate standard for volatile organic compounds.

    (a) On and after the date on which the initial performance test, 
required by Sec. 60.8, is completed, but no later than 180 days after 
September 19, 1989, each owner or operator subject to the provisions in 
Sec. 60.540(b) shall not cause to be discharged into the atmosphere 
more than: 25 grams (0.055 lb) of VOC per tire processed for each month 
if the operation uses 25 grams (0.055 lb) or less of VOC per tire 
processed and does not employ a VOC emission reduction system.
    (b) [Reserved]

[54 FR 38635, Sept. 19, 1989, as amended at 65 FR 61765, Oct. 17, 2000]



Sec. 60.543  Performance test and compliance provisions.

    (a) Section 60.8(d) does not apply to the monthly performance test 
procedures required by this subpart. Section 60.8(d) does apply to 
initial performance tests and to the performance tests specified under 
paragraphs (b)(2) and (b)(3) of this section. Section 60.8(f) does not 
apply when Method 24 is used.
    (b) Performance tests shall be conducted as follows:
    (1) The owner or operator of an affected facility shall conduct an 
initial performance test, as required under Sec. 60.8(a), except as 
described under paragraph (j) of this section. The owner or operator of 
an affected facility shall thereafter conduct a performance test each 
month, except as described under paragraphs (b)(4), (g)(1), and (j) of 
this section. Initial and monthly performance tests shall be conducted 
according to the procedures in this section.
    (2) The owner or operator of an affected facility who elects to use 
a VOC emission reduction system with a control device that destroys VOC 
(e.g., incinerator), as described under paragraphs (f) and (g) of this 
section, shall repeat the performance test when directed by the 
Administrator or when the owner or operator elects to operate the 
capture system or control device at conditions different from the most 
recent determination of overall reduction efficiency. The performance 
test shall be conducted in accordance with the procedures described 
under paragraphs (f)(2) (i) through (iv) of this section.
    (3) The owner or operator of an affected facility who seeks to 
comply with the equipment design and performance specifications, as 
described under paragraph (j) of this section, shall repeat the 
performance test when directed by the Administrator or when the owner or 
operator elects to operate the capture system or control device at

[[Page 603]]

conditions different from the most recent determination of control 
device efficiency or measurement of capture system retention time or 
face velocity. The performance test shall be conducted in accordance 
with the procedures described under paragraph (f)(2)(ii) of this 
section.
    (4) The owner or operator of each tread end cementing operation and 
each green tire spraying operation using only water-based sprays (inside 
and/or outside) containing less than 1.0 percent, by weight, of VOC is 
not required to conduct a monthly performance test as described in 
paragraph (d) of this section. In lieu of conducting a monthly 
performance test, the owner or operator of each tread end cementing 
operation and each green tire spraying operation shall submit 
formulation data or the results of Method 24 analysis annually to verify 
the VOC content of each tread end cement and each green tire spray 
material, provided the spraying formulation has not changed during the 
previous 12 months. If the spray material formulation changes, 
formulation data or Method 24 analysis of the new spray shall be 
conducted to determine the VOC content of the spray and reported within 
30 days as required under Sec. 60.546(j).
    (c) For each undertread cementing operation, each sidewall cementing 
operation, each green tire spraying operation where organic solvent-
based sprays are used, each Michelin-A operation, each Michelin-B 
operation, and each Michelin-C-automatic operation where the owner or 
operator seeks to comply with the uncontrolled monthly VOC use limits, 
the owner or operator shall use the following procedure to determine 
compliance with the applicable (depending upon duration of compliance 
period) uncontrolled monthly VOC use limit specified under Sec. 
60.542(a) (1)(ii), (2)(ii), (6)(ii), (7)(iv), (8)(ii), (9)(ii), and 
(10)(ii). If both undertread cementing and sidewall cementing are 
performed at the same affected facility during a month, then the kg/mo 
limit specified under Sec. 60.542(a)(1)(ii) shall apply for that month.
    (1) Determine the density and weight fraction VOC (including 
dilution VOC) of each cement or green tire spray from its formulation or 
by analysis of the cement or green tire spray using Method 24. If a 
dispute arises, the Administrator may require an owner or operator who 
used formulation data to analyze the cement or green tire spray using 
Method 24.
    (2) Calculate the total mass of VOC used at the affected facility 
for the month (Mo) by the following procedure:
    (i) For each affected facility for which cement or green tire spray 
is delivered in batch or via a distribution system that serves only the 
affected facility:
[GRAPHIC] [TIFF OMITTED] TC01JN92.038

Where:

``a'' equals the number of different cements or green tire sprays used 
during the month that are delivered in batch or via a distribution 
system that serves only a single affected facility.

    (ii) For each affected facility for which cement or green tire spray 
is delivered via a common distribution system that also serves other 
affected or existing facilities:
    (A) Calculate the total mass of VOC used for all of the facilities 
served by the common distribution system for the month (M):
[GRAPHIC] [TIFF OMITTED] TC01JN92.039

Where:

``b'' equals the number of different cements or green tire sprays used 
during the month that are delivered via a common distribution system 
that also serves other affected or existing facilities.

    (B) Determine the fraction (Fo) of M used at the affected 
facility by comparing the production records and process specifications 
for the material cemented or sprayed at the affected facility for the 
month to the production records and process specifications for the 
material cemented or sprayed at all other facilities served by the 
common distribution system for the month or by another procedure 
acceptable to the Administrator.
    (C) Calculate the total monthly mass of VOC used at the affected 
facility for the month (Mo):


[[Page 604]]


Mo = MFo

    (3) Determine the time duration of the monthly compliance period 
(Td).
    (d) For each tread end cementing operation and each green tire 
spraying operation where water-based cements or sprays containing 1.0 
percent, by weight, of VOC or more are used (inside and/or outside) that 
do not use a VOC emission reduction system, the owner or operator shall 
use the following procedure to determine compliance with the VOC 
emission per tire limit specified under Sec. 60.542 (a)(3), (a)(5)(i), 
(a)(5)(ii), (a)(7)(i), and (a)(7)(ii).
    (1) Determine the density and weight fraction VOC as specified under 
paragraph (c)(1) of this section.
    (2) Calculate the total mass of VOC used at the affected facility 
for the month (Mo) as specified under paragraph (c)(2) of 
this section.
    (3) Determine the total number of tires cemented or sprayed at the 
affected facility for the month (To) by the following 
procedure:
    (i) For a trend end cementing operation, To equals the 
number of tread or combined tread/sidewall components that receive an 
application of tread end cement for the month.
    (ii) For a green tire spraying operation that uses water-based 
inside green tire sprays, To equals the number of green tires 
that receive an application of water-based inside green tire spray for 
the month.
    (iii) For a green tire spraying operation that uses water-based 
outside green tire sprays, To equals the number of green 
tires that receive an application of water-based outside green tire 
spray for the month.
    (4) Calculate the mass of VOC used per tire cemented or sprayed at 
the affected facility for the month (G):
[GRAPHIC] [TIFF OMITTED] TC16NO91.064

    (5) Calculate the mass of VOC emitted per tire cemented or sprayed 
at the affected facility for the month (N):


N = G

    (e) For each bead cementing operation that does not use a VOC 
emission reduction system, the owner or operator shall use the following 
procedure to determine compliance with the VOC emission per bead limit 
specified under Sec. 60.542(a)(4).
    (1) Determine the density and weight fraction VOC as specified under 
paragraph (c)(1) of this section.
    (2) Calculate the total mass of VOC used at the affected facility 
for the month (Mo) as specified under paragraph (c)(2) of 
this section.
    (3) Determine the number of beads cemented at the affected facility 
during the month (Bo) using production records; Bo 
equals the number of beads that receive an application of cement for the 
month.
    (4) Calculate the mass of VOC used per bead cemented at the affected 
facility for the month (Gb):
[GRAPHIC] [TIFF OMITTED] TC16NO91.065

    (5) Calculate the mass of VOC emitted per bead cemented at the 
affected facility for the month (Nb):

Nb = Gb

    (f) For each tread end cementing operation and each bead cementing 
operation that uses a VOC emission reduction system with a control 
device that destroys VOC (e.g., incinerator), the owner or operator 
shall use the following procedure to determine compliance with the 
emission limit specified under Sec. 60.542(a) (3) and (4).
    (1) Calculate the mass of VOC used per tire cemented at the affected 
facility for the month (G), as specified under paragraphs (d) (1) 
through (4) of this section, or mass of VOC used per bead cemented at 
the affected facility for the month (Gb), as specified under 
paragraphs (e) (1) through (4) of this section.
    (2) Calculate the mass of VOC emitted per tire cemented at the 
affected facility for the month (N) or mass of VOC emitted per bead 
cemented for the affected facility for the month (Nb):

N = G (1-R)
Nb = Gb (1-R)


For the initial performance test, the overall reduction efficiency (R) 
shall be determined as prescribed under paragraphs (f)(2) (i) through 
(iv) of this section. After the initial performance

[[Page 605]]

test, the owner or operator may use the most recently determined overall 
reduction efficiency (R) for the performance test. No monthly 
performance tests are required. The performance test shall be repeated 
during conditions described under paragraph (b)(2) of this section.
    (i) The owner or operator of an affected facility shall construct a 
temporary enclosure around the application and drying areas during the 
performance test for the purpose of capturing fugitive VOC emissions. 
The enclosure must be maintained at a negative pressure to ensure that 
all evaporated VOC are measurable. Determine the fraction 
(Fc) of total VOC used at the affected facility that enters 
the control device:
[GRAPHIC] [TIFF OMITTED] TC01JN92.040

Where:

``m'' is the number of vents from the affected facility to the control 
device, and ``n'' is the number of vents from the affected facility to 
the atmosphere and from the temporary enclosure.

    (ii) Determine the destruction efficiency of the control device (E) 
by using values of the volumetric flow rate of each of the gas streams 
and the VOC content (as carbon) of each of the gas streams in and out of 
the control device:
[GRAPHIC] [TIFF OMITTED] TC01JN92.041

Where:

``m'' is the number of vents from the affected facility to the control 
device, and ``p'' is the number of vents after the control device.

    (iii) Determine the overall reduction efficiency (R):

R = EFc

    (iv) The owner or operator of an affected facility shall have the 
option of substituting the following procedure as an acceptable 
alternative to the requirements prescribed under paragraph (f)(2)(i) of 
this section. This alternative procedure is acceptable only in cases 
where a single VOC is used and is present in the capture system. The 
average capture efficiency value derived from a minimum of three runs 
shall constitute a test.
    (A) For each run, ``i,'' measure the mass of the material containing 
a single VOC used. This measurement shall be made using a scale that has 
both a calibration and a readability to within 1 percent of the mass 
used during the run. This measurement may be made by filling the direct 
supply reservoir (e.g., trough, tray, or drum that is integral to the 
operation) and related application equipment (e.g., rollers, pumps, 
hoses) to a marked level at the start of the run and then refilling to 
the same mark from a more easily weighed container (e.g., separate 
supply drum) at the end of the run. The change in mass of the supply 
drum would equal the mass of material used from the direct supply 
reservoir. Alternatively, this measurement may be made by weighing the 
direct supply reservoir at the start and end of the run or by weighing 
the direct supply reservoir and related application equipment at the 
start and end of the run. The change in mass would equal the mass of the 
material used in the run. If only the direct supply reservoir is 
weighed, the amount of material in or on the related application 
equipment must be the same at the start and end of the run. All 
additions of VOC containing material made to the direct supply reservoir 
during a run must be properly accounted for in determining the mass of 
material used during that run.
    (B) For each run, ``i,'' measure the mass of the material containing 
a single VOC which is present in the direct supply reservoir and related 
application equipment at the start of the run, unless the ending weight 
fraction VOC in the material is greater than or equal to 98.5 percent of 
the starting weight fraction VOC in the material, in which case, this 
measurement is not required. This measurement may be made directly by 
emptying the direct supply reservoir and related application equipment 
and then filling them to a marked level from an easily weighed

[[Page 606]]

container (e.g. separate supply drum). The change in mass of the supply 
drum would equal the mass of material in the filled direct supply 
reservoir and related application equipment. Alternatively, this 
measurement may be made by weighing the direct supply reservoir and 
related application equipment at the start of the run and subtracting 
the mass of the empty direct supply reservoir and related application 
equipment (tare weight).
    (C) For each run, ``i,'' the starting weight fraction VOC in the 
material shall be determined by Method 24 analysis of a sample taken 
from the direct supply reservoir at the beginning of the run.
    (D) For each run, ``i,'' the ending weight fraction VOC in the 
material shall be determined by Method 24 analysis of a sample taken 
from the direct supply reservoir at the end of the run.
    (E) For each run, ``i,'' in which the ending weight fraction VOC in 
the material is greater than or equal to 98.5 percent of the starting 
weight fraction VOC in the material, calculate the mass of the single 
VOC used (Mi) by multiplying the mass of the material used in the run by 
the starting weight fraction VOC of the material used in the run.
    (F) For each run, ``i,'' in which the ending weight fraction VOC in 
the material is less than 98.5 percent of the starting weight fraction 
VOC in the material, calculate the mass of the single VOC used 
(Mi) as follows:
    (1) Calculate the mass of VOC present in the direct supply reservoir 
and related application equipment at the start of the run by multiplying 
the mass of material in the direct supply reservoir and related 
application equipment at the start of the run by the starting weight 
fraction VOC in the material for that run.
    (2) Calculate the mass of VOC present in the direct supply reservoir 
and related application equipment at the end of the run by multiplying 
the mass of material in the direct supply reservoir and related 
application equipment at the end of the run by the ending weight 
fraction VOC in the material for that run. The mass of material in the 
direct supply reservoir and related application equipment at the end of 
the run shall be calculated by subtracting the mass of material used in 
the run from the mass of material in the direct supply reservoir and 
related application equipment at the start of the run.
    (3) The mass of the single VOC used (Mi) equals the mass 
of VOC present in the direct supply reservoir and related application 
equipment at the start of the run minus the mass of VOC present in the 
direct supply reservoir and related application equipment at the end of 
the run.
    (G) If Method 25A is used to determine the concentration of the 
single VOC in the capture system, then calculate the capture efficiency 
(FCi) for each run, ``i,'' as follows:
[GRAPHIC] [TIFF OMITTED] TC01JN92.042

Where:

Ci = Average concentration of the single VOC in the capture 
system during run ``i'' (parts per million by volume) corrected for 
background VOC (see Sec. 60.547(a)(5)).
W = Molecular weight of the single VOC, mg/mg-mole (lb/lb-mole).
V = The volume occupied by one mole of ideal gas at standard conditions 
[20 [deg]C, 760 mm Hg] on a wet basis, 2.405 x 10-5 m\3\/mg-
mole (385.3 ft\3\/lb-mole).
Qi = Volumetric flow in the capture system during run i, on a 
wet basis, adjusted to standard conditions, m\3\ (ft\3\) (see Sec. 
60.547(a)(5)).
10\6\ = ppm per unity.
Mi = Mass of the single VOC used during run i, mg (lb).

    (H) If Method 25 is used to determine the concentration of the 
single VOC in the capture system, then calculate the capture efficiency 
(FCi) for each run, ``i,'' as follows:

[[Page 607]]

[GRAPHIC] [TIFF OMITTED] TC01JN92.043

Where: Ci = Average concentration of the single VOC in the 
capture system during run ``i'' (parts per million, as carbon, by 
volume) corrected for background VOC (see Sec. 60.547(a)(5)).
W = Molecular weight of the single VOC, mg/mg-mole (lb/lb-mole).
V = The volume occupied by one mole of ideal gas at standard conditions 
[20 [deg]C, 760 mm Hg] on a wet basis, 2.405 x 10-5 m\3\/mg-
mole (385.3 ft\3\/lb-mole).
Qi = Volumetric flow in the capture system during run i, on a 
wet basis, adjusted to standard conditions, m\3\ (ft\3\) (see Sec. 
60.547(a)(5)).
10\6\ = ppm per unity.
Mi = Mass of the single VOC used during run i, mg (lb).
NC = Number of carbon atoms in one molecule of the single VOC.

    (I) Calculate the average capture efficiency value, Fc as 
follows:
[GRAPHIC] [TIFF OMITTED] TC01JN92.044

Where:

``n'' equals the number of runs made in the test (n = 3). In 
cases where an alternative procedure in this paragraph is used, the 
requirements in paragraphs (f)(2) (ii) and (iii) of this section remain 
unchanged.

    (g) For each undertread cementing operation, each sidewall cementing 
operation, each green tire spraying operation where organic solvent-
based sprays are used, each Michelin-A operation, each Michelin-B 
operation, and each Michelin-C-automatic operation that uses a VOC 
emission reduction system with a control device that destroys VOC (e.g., 
incinerator), the owner or operator shall use the following procedure to 
determine compliance with the percent emission reduction requirement 
specified under Sec. 60.542 (a) (1)(i), (2)(i), (6)(i), (7)(iii), 
(8)(i), (9)(i), and (10)(i).
    (1) For the initial performance test, the overall reduction 
efficiency (R) shall be determined as prescribed under paragraphs (f)(2) 
(i) through (iii) of this section. The performance test shall be 
repeated during conditions described under paragraph (b)(2) of this 
section. No monthly performance tests are required.
    (h) For each tread end cementing operation and each bead cementing 
operation that uses a VOC emission reduction system with a control 
device that recovers VOC (e.g., carbon adsorber), the owner or operator 
shall use the following procedure to determine compliance with the 
emission limit specified under Sec. 60.542(a) (3) and (4).
    (1) Calculate the mass of VOC used per tire cemented at the affected 
facility for the month (G), as specified under paragraphs (d) (1) 
through (4) of this section, or mass of VOC used per bead cemented at 
the affected facility for the month (Gb), as specified under 
paragraphs (e) (1) through (4) of this section.
    (2) Calculate the total mass of VOC recovered from the affected 
facility for the month (Mr):

Mr = Lr Dr

    (3) Calculate the overall reduction efficiency for the VOC emission 
reduction system (R) for the month:
[GRAPHIC] [TIFF OMITTED] TC16NO91.066

    (4) Calculate the mass of VOC emitted per tire cemented at the 
affected facility for the month (N) or mass of VOC emitted per bead 
cemeted at the affected facility for the month (Nb):

N = G (1-R)
Nb = Gb (1-R)


[[Page 608]]


    (i) For each undertread cementing operation, each sidewall cemeting 
operation, each green tire spraying operation where organic solvent-
based sprays are used, each Michelin-A operation, each Michelin-B 
operation, and each Michelin-C-automatic operation that uses a VOC 
emission reduction system with a control device that recovers (VOC) 
(e.g., carbon adsorber), the owner or operator shall use the following 
procedure to determine compliance with the percent reduction requirement 
specified under Sec. 60.542(a) (1)(i), (2)(i), (6)(i), (7)(iii), 
(8)(i), (9)(i), and (10)(i).
    (1) Determine the density and weight fraction VOC as specified under 
paragraph (c)(1) of this section.
    (2) Calculate the total mass of VOC used at the affected facility 
for the month (Mo) as described under paragraph (c)(2) of 
this section.
    (3) Calculate the total mass of VOC recovered from the affected 
facility for the month (Mr) as described under paragraph 
(h)(2) of this section.
    (4) Calculate the overall reduction efficiency for the VOC emission 
reduction system (R) for the month as described under paragraph (h)(3) 
of this section.
    (j) Rather than seeking to demonstrate compliance with the 
provisions of Sec. 60.542(a) (1)(i), (2)(i), (6)(i), (7)(iii), or 
(9)(i) using the performance test procedures described under paragraphs 
(g) and (i) of this section, an owner or operator of an undertread 
cementing operation, sidewall cementing operation, green tire spraying 
operation where organic solvent-based sprays are used, or Michelin-B 
operation that use a VOC emission reduction system may seek to 
demonstrate compliance by meeting the equipment design and performance 
specifications listed under paragraphs (j)(1), (2), and (4) through (6) 
or under paragraphs (j)(1) and (3) through (6) of this section, and by 
conducting a control device efficiency performance test to determine 
compliance as described under paragraph (j)(7) of this section. The 
owner or operator shall conduct this performance test of the control 
device efficiency no later than 180 days after initial startup of the 
affected facility, as specified under Sec. 60.8(a). Meeting the capture 
system design and performance specifications, in conjunction with 
operating a 95 percent efficient control device, is an acceptable means 
of demonstrating compliance with the standard. Therefore, the 
requirement for the initial performance test on the enclosure, as 
specified under Sec. 60.8(a), is waived. No monthly performance tests 
are required.
    (1) For each undertread cementing operation, each sidewall cementing 
operation, and each Michelin-B operation, the cement application and 
drying area shall be contained in an enclosure that meets the criteria 
specified under paragraphs (j) (2), (4), and (5) of this section; for 
each green tire spraying operation where organic solvent-based sprays 
are used, the spray application and drying area shall be contained in an 
enclosure that meets the criteria specified under paragraphs (j) (3), 
(4), and (5) of this section.
    (2) The drying area shall be enclosed between the application area 
and the water bath or to the extent necessary to contain all tire 
components for at least 30 seconds after cement application, whichever 
distance is less.
    (3) Sprayed green tires shall remain in the enclosure for a minimum 
of 30 seconds after spray application.
    (4) A minimum face velocity of 30.5 meters (100 feet) per minute 
shall be maintained continuously through each permanent opening into the 
enclosure when all temporary enclosure openings are closed. The cross-
sectional area of each permanent opening shall be divided into at least 
12 equal areas, and a velocity measurement shall be performed at the 
centroid of each equal area with an anemometer or similar velocity 
monitoring device; the face velocity of each permanent opening is the 
average value of the velocity measurements taken. The monitoring device 
shall be calibrated and operated according to the manufacturer's 
instructions.

Temporary enclosure openings shall remain closed at all times except 
when worker access is necessary.
    (5) The total area of all permanent openings into the enclosure 
shall not exceed the area that would be necessary to maintain the VOC 
concentration of the exhaust gas stream at 25

[[Page 609]]

percent of the lower explosive limit (LEL) under the following 
conditions:
    (i) The facility is operating at the maximum solvent use rate;
    (ii) The face velocity through each permanent opening is 30.5 meters 
(100 feet) per minute; and
    (iii) All temporary openings are closed.
    (6) All captured VOC are ducted to a VOC emission control device 
that is operated on a continuous basis and that achieves at least a 95 
percent destruction or recovery efficiency.
    (7) The efficiency of the control device (E) for the initial 
performance test is determined by using values of the volumetric flow 
rate of each of the gas streams and the VOC content (as carbon) of each 
of the gas streams in and out of the control device as described under 
paragraph (f)(2)(ii) of this section. The control device efficiency 
shall be redetermined during conditions specified under paragraph (b)(3) 
of this section.
    (k) Each owner or operator of an affected facility who initially 
elected to be subject to the applicable percent emission reduction 
requirement specified under Sec. 60.542(a)(1)(i), (2)(i), (6)(i), 
(7)(iii), (8)(i), (9)(i), or (10)(i) and who later seeks to comply with 
the applicable total (uncontrolled) monthly VOC use limit specified 
under Sec. 60.542(a)(1)(ii), (2)(ii), (6)(ii), (7)(iv), (8)(ii), 
(9)(ii), or (10)(ii) shall demonstrate, using the procedures described 
under paragraph (c) of this section, that the total VOC use at the 
affected facility has not exceeded the applicable total (uncontrolled) 
monthly VOC use limit during each of the last 6 months of operation. The 
owner or operator shall be subject to the applicable percent emission 
reduction requirement until the conditions of this paragraph and Sec. 
60.546(h) are satisfied.
    (l) In determining compliance for each undertread cementing 
operation, each sidewall cementing operation, each green tire spraying 
operation, each Michelin-A operation, each Michelin-B operation, and 
each Michelin-C-automatic operation, the owner or operator shall include 
all the VOC used, recovered, or destroyed from cements and organic 
solvent-based green tire sprays including those cements or sprays used 
for tires other than those defined under Sec. 60.541(a).
    (m) In determining compliance for each tread end cementing 
operation, each bead cementing operation, and each green tire spraying 
operation, the owner or operator shall include only those tires defined 
under Sec. 60.541(a) when determining To and Bo.
    (n) For each undertread cementing operation and each sidewall 
cementing operation that does not use a VOC emission reduction system, 
the owner or operator shall use the following procedure to determine 
compliance with the VOC emission per tire limit specified in Sec. 
60.542a:
    (1) Calculate the total mass of VOC (Mo) used at the 
affected facility for the month by the following procedure.
    (i) For each affected facility for which cement is delivered in 
batch or via a distribution system which serves only that affected 
facility:
[GRAPHIC] [TIFF OMITTED] TC01JN92.045

Where: ``n'' equals the number of different cements or sprays used 
during the month.

    (ii) For each affected facility for which cement is delivered via a 
common distribution system which also serves other affected or existing 
facilities.
    (A) Calculate the total mass (M) of VOC used for all of the 
facilities served by the common distribution system for the month:
[GRAPHIC] [TIFF OMITTED] TC01JN92.046

Where: ``n'' equals the number of different cements or sprays used 
during the month.

    (B) Determine the fraction (Fo) of ``M'' used by the 
affected facility by comparing the production records and process 
specifications for the material cemented at the affected facility for 
the month to the production records and process specifications for the 
material cemented at all other facilities served by the common 
distribution system for the month or by another procedure acceptable to 
the Administrator.

[[Page 610]]

    (C) Calculate the total monthly mass of VOC(Mo) used at 
the affected facility:
[GRAPHIC] [TIFF OMITTED] TC16NO91.067

    (2) Determine the total number of tires (To) processed at 
the affected facility for the month by the following procedure.
    (i) For undertread cementing, To equals the number of 
tread or combined tread/sidewall components which receive an application 
of undertread cement.
    (ii) For sidewall cementing, To equals the number of 
sidewall components which receive an application of sidewall cement, 
divided by 2.
    (3) Calculate the mass of VOC used per tire processed (G) by the 
affected facility for the month:
[GRAPHIC] [TIFF OMITTED] TC16NO91.068

    (4) Calculate the mass of VOC emitted per tire processed (N) for the 
affected facility for the month:
[GRAPHIC] [TIFF OMITTED] TC16NO91.069

    (5) Where the value of the mass of VOC emitted per tire processed 
(N) is less than or equal to the VOC emission per tire limit specified 
under Sec. 60.542a, the affected facility is in compliance.

[52 FR 34874, Sept. 15, 1987; 52 FR 37874, Oct. 9, 1987, as amended at 
54 FR 38635, Sept. 19, 1989; 65 FR 61765, Oct. 17, 2000]



Sec. 60.544  Monitoring of operations.

    (a) Each owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate according to 
manufacturer's specifications the following equipment, unless 
alternative monitoring procedures or requirements are approved for that 
facility by the Administrator:
    (1) Where a thermal incinerator is used for VOC emission reduction, 
a temperature monitoring device equipped with a continuous recorder for 
the temperature of the gas stream in the combustion zone of the 
incinerator. The temperature monitoring device shall have an accuracy of 
1 percent of the temperature being measured in [deg]C or 0.5 [deg]C, whichever is greater.
    (2) Where a catalytic incinerator is used for VOC emission 
reduction, temperature monitoring devices, each equipped with a 
continuous recorder, for the temperature in the gas stream immediately 
before and after the catalyst bed of the incinerator. The temperature 
monitoring devices shall have an accuracy of 1 percent of the 
temperature being measured in [deg]C or 0.5 
[deg]C, whichever is greater.
    (3) For an undertread cementing operation, sidewall cementing 
operation, green tire spraying operation where organic solvent-based 
sprays are used, or Michelin-B operation where a carbon adsorber is used 
to meet the performance requirements specified under Sec. 60.543(j)(6), 
an organics monitoring device used to indicate the concentration level 
of organic compounds based on a detection principle such as infrared, 
photoionization, or thermal conductivity, equipped with a continous 
recorder, for the outlet of the carbon bed.
    (b) An owner or operator of an undertread cementing operation, 
sidewall cementing operation, green tire spraying operation where 
organic solvent-based sprays are used, or Michelin-B operation where a 
VOC recovery device other than a carbon adsorber is used to meet the 
performance requirements specified under Sec. 60.543(j)(6), shall 
provide to the Administrator information describing the operation of the 
control device and the process parameter(s) which would indicate proper 
operation and maintenance of the device. The Administrator may request 
further information and will specify appropriate monitoring procedures 
or requirements.

[52 FR 34874, Sept. 15, 1987, as amended at 65 FR 61765, Oct. 17, 2000]



Sec. 60.545  Recordkeeping requirements.

    (a) Each owner or operator of an affected facility that uses a 
thermal incinerator shall maintain continuous records of the temperature 
of the gas stream in the combustion zone of the incinerator and records 
of all 3-hour periods of operation for which the average temperature of 
the gas stream in the combustion zone was more than 28 [deg]C (50 
[deg]F) below the combustion zone

[[Page 611]]

temperature measured during the most recent determination of the 
destruction efficiency of the thermal incinerator that demonstrated that 
the affected facility was in compliance.
    (b) Each owner or operator of an affected facility that uses a 
catalytic incinerator shall maintain continuous records of the 
temperature of the gas stream both upstream and downstream of the 
catalyst bed of the incinerator, records of all 3-hour periods of 
operation for which the average temperature measured before the catalyst 
bed is more than 28 [deg]C (50 [deg]F) below the gas stream temperature 
measured before the catalyst bed during the most recent determination of 
destruction efficiency of the catalytic incinerator that demonstrated 
that the affected facility was in compliance, and records of all 3-hour 
periods for which the average temperature difference across the catalyst 
bed is less than 80 percent of the temperature difference measured 
during the most recent determination of the destruction efficiency of 
the catalytic incinerator that demonstrated that the affected facility 
was in compliance.
    (c) Each owner or operator of an undertread cementing operation, 
sidewall cementing operation, green tire spraying operation where 
organic solvent-based sprays are used, or Michelin-B operation that uses 
a carbon adsorber to meet the requirements specified under Sec. 
60.543(j)(6) shall maintain continuous records of all 3-hour periods of 
operation during which the average VOC concentration level or reading of 
organics in the exhaust gases is more than 20 percent greater than the 
exhaust gas concentration level or reading measured by the organics 
monitoring device during the most recent determination of the recovery 
efficiency of the carbon adsorber that demonstrated that the affected 
facility was in compliance.
    (d) Each owner or operator of an undertread cementing operation, 
sidewall cementing operation, green tires spraying operation where 
organic solvent-based sprays are used, Michelin-A operation, Michelin-B 
operation, or Michelin-C-automatic operation who seeks to comply with a 
specified VOC monthly usage limit shall maintain records of monthly VOC 
use and the number of days in each compliance period.
    (e) Each owner or operator that is required to conduct monthly 
performance tests, as specified under Sec. 60.543(b)(1), shall maintain 
records of the results of all monthly tests.
    (f) Each owner or operator of a tread end cementing operation and 
green tire spraying operation using water-based cements or sprays 
containing less than 1.0 percent by weight of VOC, as specified under 
Sec. 60.543(b)(4), shall maintain records of formulation data or the 
results of Method 24 analysis conducted to verify the VOC content of the 
spray.

[52 FR 34874, Sept. 15, 1987, as amended at 54 FR 38637, Sept. 19, 1989; 
65 FR 61765, Oct. 17, 2000]



Sec. 60.546  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this 
subpart, at the time of notification of the anticipated initial startup 
of an affected facility pursuant to Sec. 60.7(a)(2), shall provide a 
written report to the Administrator declaring for each undertread 
cementing operation, each sidewall cementing operation, each green tire 
spraying operation where organic solvent-based sprays are used, each 
Michelin-A operation, each Michelin-B operation, and each Michelin-C 
automatic operation the emission limit he intends to comply with and the 
compliance method (where Sec. 60.543(j) is applicable) to be employed.
    (b) Each owner or operator subject to the provisions of this 
subpart, at the time of notification of the anticipated initial startup 
of an affected facility pursuant to Sec. 60.7(a)(2), shall specify the 
monthly schedule (each calendar month or a 4-4-5-week schedule) to be 
used in making compliance determinations.
    (c) Each owner or operator subject to the provisions of this subpart 
shall report the results of all initial performance tests, as required 
under Sec. 60.8(a), and the results of the performance tests required 
under Sec. 60.543 (b)(2) and (b)(3). The following data shall be 
included in the report for each of the above performance tests:
    (1) For each affected facility for which the owner or operator seeks 
to

[[Page 612]]

comply with a VOC monthly usage limit specified under Sec. 60.542(a): 
The monthly mass of VOC used (Mo) and the number of days in 
the compliance period (Td).
    (2) For each affected facility that seeks to comply with a VOC 
emission limit per tire or per bead specified under Sec. 60.542(a) 
without the use of a VOC emission reduction system: the mass of VOC used 
(Mo), the number of tires cemented or sprayed 
(To), the mass of VOC emitted per tire cemented or sprayed 
(N), the number of beads cemeted (Bo), and the mass of VOC 
emitted per bead cemented (Nb).
    (3) For each affected facility that uses a VOC emission reduction 
system with a control device that destroys VOC (e.g., incinerator) to 
comply with a VOC emission limit per tire or per bead specified under 
Sec. 60.542(a): The mass of VOC used (Mo), the number of 
tires cemented or sprayed (To), the mass of VOC emitted per 
tire cemented or sprayed (N), the number of beads cemented 
(Bo), the mass of VOC emitted per bead cemented 
(Nb), the mass of VOC used per tire cemented or sprayed (G), 
the mass of VOC per bead cemented (Gb), the emission control 
device efficiency (E), the capture system efficiency (Fc), 
the face velocity through each permanent opening for the capture system 
with the temporary openings closed, and the overall system emission 
reduction (R).
    (4) For each affected facility that uses a VOC emission reduction 
system with a control device that destroys VOC (e.g., incinerator) to 
comply with a percent emission reduction requirement specified under 
Sec. 60.542(a): The emission control device efficiency (E), the capture 
system efficiency (Fc), the face velocity through each 
permanent opening in the capture system with the temporary openings 
closed, and the overall system emission reduction (R).
    (5) For each affected facility that uses a carbon adsorber to comply 
with a VOC emission limit per tire or per bead specified under Sec. 
60.542(a): The mass of VOC used (Mo), the number of tires 
cemented or sprayed (To), the mass of VOC used per tire 
cemented or sprayed (G), the number of beads cemented (Bo), 
the mass of VOC used per bead (Gb), the mass of VOC recovered 
(Mr), the overall system emission reduction (R), the mass of 
VOC emitted per tire cemented or sprayed (N), and the mass of VOC 
emitted per bead cemented (Nb).
    (6) For each affected facility that uses a VOC emission reduction 
system with a control device that recovers VOC (e.g., carbon adsorber) 
to comply with a percent emission reduction requirement specified under 
Sec. 60.542(a): The mass of VOC used (Mo), the mass of VOC 
recovered (Mr), and the overall system emission reduction 
(R).
    (7) For each affected facility that elects to comply with the 
alternate limit specified under Sec. 60.542a: The mass of VOC used 
(Mo), the number of tires processed (To), and the 
mass of VOC emitted per tire processed (N).
    (d) Each owner or operator of an undertread cementing operation, 
sidewall cementing operation, green tire spraying operation where 
organic solvent-based sprays are used, or Michelin-B operation who seeks 
to comply with the requirements described under Sec. 60.543(j) shall 
include in the initial compliance report a statement specifying, in 
detail, how each of the equipment design and performance specifications 
has been met. The initial compliance report also shall include the 
following data: The emission control device efficiency (E), the face 
velocity through each permanent enclosure opening with all temporary 
enclosure openings closed, the total area of all permanent enclosure 
openings, the total area of all temporary enclosure openings, the 
maximum solvent use rate (kg/hr or lb/hr), the type(s) of VOC used, the 
lower explosive limit (LEL) for each VOC used, and the length of time 
each component is enclosed after application of cement or spray 
material.
    (e) Each owner or operator of an affected facility shall include the 
following data measured by the required monitoring device(s), as 
applicable, in the report for each performance test specified under 
paragraph (c) of this section.

[[Page 613]]

    (1) The average combustion temperature measured at least every 15 
minutes and averaged over the performance test period of incinerator 
destruction efficiency for each thermal incinerator.
    (2) The average temperature before and after the catalyst bed 
measured at least every 15 minutes and averaged over the performance 
test period of incinerator destruction efficiency for each catalytic 
incinerator.
    (3) The concentration level or reading indicated by the organics 
monitoring device at the outlet of the adsorber, measured at least every 
15 minutes and averaged over the performance test period of carbon 
adsorber recovery efficiency while the vent stream is normally routed 
and constituted.
    (4) The appropriate data to be specified by the Administrator where 
a VOC recovery device other than a carbon adsorber is used.
    (f) Once every 6 months each owner or operator subject to the 
provisions of Sec. 60.545 shall report, as applicable:
    (1) Each monthly average VOC emission rate that exceeds the VOC 
emission limit per tire or per bead specified under Sec. 60.542(a), as 
applicable for the affected facility.
    (2) Each monthly average VOC use rate that exceeds the monthly VOC 
usage limit specified under Sec. 60.542(a), as applicable for the 
affected facility.
    (3) Each monthly average VOC emission reduction efficiency for a VOC 
recovery device (e.g., carbon adsorber) less than the percent efficiency 
limit specified under Sec. 60.542(a), as applicable for the affected 
facility.
    (4) Each 3-hour period of operation for which the average 
temperature of the gas stream in the combustion zone of a thermal 
incinerator, as measured by the temperature monitoring device, is more 
than 28 [deg]C (50 [deg]F) below the combustion zone temperature 
measured during the most recent determination of the destruction 
efficiency of the thermal incinerator that demonstrated that the 
affected facility was in compliance.
    (5) Each 3-hour period of operation for which the average 
temperature of the gas stream immediately before the catalyst bed of a 
catalytic incinerator, as measured by the temperature monitoring device, 
is more than 28 [deg]C (50 [deg]F) below the gas stream temperature 
measured before the catalyst bed during the most recent determination of 
the destruction efficiency of the catalyst incinerator that demonstrated 
that the affected facility was in compliance, and any 3-hour period for 
which the average temperature difference across the catalyst bed (i.e., 
the difference between the temperatures of the gas stream immediately 
before and after the catalyst bed), as measured by the temperature 
monitoring device, is less than 80 percent of the temperature difference 
measured during the most recent determination of the destruction 
efficiency of the catalytic incinerator that demonstrated that the 
affected facility was in compliance.
    (6) Each 3-hour period of operation during which the average 
concentration level or reading of VOC's in the exhaust gases from a 
carbon adsorber is more than 20 percent greater than the exhaust gas 
concentration level or reading measured by the organics monitoring 
device during the most recent determination of the recovery efficiency 
of the carbon adsorber that demonstrated that the affected facility was 
in compliance.
    (g) The requirements for semiannual reports remain in force until 
and unless EPA, in delegating enforcement authority to a State under 
Section 111(c) of the Act, approves reporting requirements or an 
alternative means of compliance surveillance adopted by such State. In 
that event, affected facilities within the State will be relieved of the 
obligation to comply with these requirements, provided that they comply 
with the requirements established by the State.
    (h) Each owner or operator of an affected facility who initially 
elected to be subject to the applicable percent emission reduction 
requirement specified under Sec. 60.542(a) and who later seeks to 
comply with the applicable total (uncontrolled) monthly VOC use limit 
specified under Sec. 60.542(a) and who has satisfied the provisions 
specified under Sec. 60.543(k) shall furnish the Administrator written 
notification no less than 30 days in advance of the date when he intends 
to be subject to the

[[Page 614]]

applicable VOC use limit instead of the applicable percent emission 
reduction requirement.
    (i) The owner or operator of each undertread cementing operation and 
each sidewall cementing operation who qualifies for the alternate 
provisions as described in Sec. 60.542a, shall furnish the 
Administrator written notification of the election no less than 60 days 
after September 19, 1989.
    (j) The owner or operator of each tread end cementing operation and 
each green tire spraying (inside and/or outside) operation using water-
based sprays containing less than 1.0 percent, by weight, of VOC as 
described in Sec. 60.543(b)(1) shall furnish the Administrator, within 
60 days initially and annually thereafter, formulation data or Method 24 
results to verify the VOC content of the water-based sprays in use. If 
the spray formulation changes before the end of the 12-month period, 
formulation data or Method 24 results to verify the VOC content of the 
spray shall be reported within 30 days of the change.

[52 FR 34874, Sept. 15, 1987; 52 FR 37874, Oct. 9, 1987, as amended at 
54 FR 38637, Sept. 19, 1989; 65 FR 61765, Oct. 17, 2000]



Sec. 60.547  Test methods and procedures.

    (a) The test methods in appendix A to this part, except as provided 
under Sec. 60.8(b), shall be used to determine compliance with Sec. 
60.542(a) as follows:
    (1) Method 24 or formulation data for the determination of the VOC 
content of cements or green tire spray materials. In the event of 
dispute, Method 24 shall be the reference method. For Method 24, the 
cement or green tire spray sample shall be a 1-liter sample collected in 
a 1-liter container at a point where the sample will be representative 
of the material as applied in the affected facility.
    (2) Method 25 as the reference method for the determination of the 
VOC concentrations in each stack, both entering and leaving an emission 
control device. The owner or operator shall notify the Administrator at 
least 30 days in advance of any test by Method 25. For Method 25, the 
sampling time for each of three runs shall be at least 1 hour. Method 1 
shall be used to select the sampling site, and the sampling point shall 
be the centroid of the duct or at a point no closer to the walls than 
1.0 meter (3.3 feet). The minimum sample volume shall be 0.003 dry 
standard cubic meter (dscm) (0.11 dry standard cubic feet (dscf)) except 
that shorter sampling times or smaller volumes, when necessitated by 
process variables or other factors, may be approved by the 
Administrator.
    (3) Method 2, 2A, 2C, or 2D, as appropriate, as the reference method 
for determination of the flow rate of the stack gas. The measurement 
site shall be the same as for the Method 25 sampling. A velocity 
traverse shall be made once per run within the hour that the Method 25 
sample is taken.
    (4) Method 4 for determination of stack gas moisture.
    (5) Method 25 or Method 25A for determination of the VOC 
concentration in a capture system prior to a control device when only a 
single VOC is present (see Sec. 60.543 (f)(2)(iv)(G) and 
(f)(2)(iv)(H)). The owner or operator shall notify the Administrator at 
least 30 days in advance of any test by either Method 25 or Method 25A. 
Method 1 shall be used to select the sampling site and the sampling 
point shall be the centroid of the duct or at a point no closer to the 
walls than 1.0 meter (3.3 feet). Method 2, 2A, 2C, or 2D, as 
appropriate, shall be used as the test method for the concurrent 
determination of gas flow rate in the capture system.
    (i) For Method 25, the sampling time for each run shall be at least 
1 hour. For each run, a concurrent sample shall be taken immediately 
upwind of the application area to determine the background VOC 
concentration of air drawn into the capture system. Subtract this 
reading from the reading obtained in the capture system for that run. 
The minimum sample volume shall be 0.003 dry standard cubic meter (dscm) 
(0.11 dry standard cubic feet (dscf)) except that shorter sampling times 
or smaller volumes, when necessitated by process variable or other 
factors, may be approved by the Administrator. Use Method 3 to determine 
the moisture content of the stack gas.
    (ii) For Method 25A, the sampling time for each run shall be at 
least 1 hour. Instrument calibration shall be

[[Page 615]]

performed by the procedure given in Method 25A using the single VOC 
present in the capture system. A different calibration gas may be used 
if the results are corrected using an experimentally determined response 
factor comparing the alternative calibration gas to the single VOC used 
in the process. After the instrument has been calibrated, determine the 
background VOC concentration of the air drawn into the capture system 
immediately upwind of the application area for each run. The instrument 
does not need to be recalibrated for the background measurement. 
Subtract this reading from the reading obtained in the capture system 
for that run. The Method 25A results shall only be used in the 
alternative procedure for determination of capture efficiency described 
under Sec. 60.543(f)(2)(iv)(G).

[52 FR 34874, Sept. 15, 1987, as amended at 54 FR 38638, Sept. 19, 1989; 
65 FR 61765, Oct. 17, 2000]



Sec. 60.548  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authority which will not be delegated to States: Sec. 
60.543(c)(2)(ii)(B).

Subpart CCC [Reserved]



Subpart DDD_Standards of Performance for Volatile Organic Compound (VOC) 
            Emissions from the Polymer Manufacturing Industry

    Source: 55 FR 51035, Dec. 11, 1990, unless otherwise noted.



Sec. 60.560  Applicability and designation of affected facilities.

    (a) Affected facilities. The provisions of this subpart apply to 
affected facilities involved in the manufacture of polypropylene, 
polyethylene, polystyrene, or poly (ethylene terephthalate) as defined 
in Sec. 60.561 of this subpart. The affected facilities designated 
below for polypropylene and polyethylene are inclusive of all equipment 
used in the manufacture of these polymers, beginning with raw materials 
preparation and ending with product storage, and cover all emissions 
emanating from such equipment.
    (1) For process emissions from any polypropylene and polyethylene 
manufacturing process that uses a continuous process, the affected 
facilities are each of the following process sections: each raw 
materials preparation section, each polymerization reaction section, 
each material recovery section, each product finishing section, and each 
product storage section. These process sections are affected facilities 
for process emissions that are emitted continuously and for process 
emissions that are emitted intermittently.
    (2) For process emissions from polystyrene manufacturing processes 
that use a continuous process, the affected facilities are each material 
recovery section. These process sections are affected facilities for 
only those process emissions that are emitted continuously.
    (3) For process emissions from poly(ethylene terephthalate) 
manufacturing processes that use a continuous process, the affected 
facilities are each polymerization reaction section. If the process uses 
dimethyl terephthalate, then each material recovery section is also an 
affected facility. If the process uses terephthalic acid, then each raw 
materials preparation section is also an affected facility. These 
process sections are affected facilities for only those process 
emissions that are emitted continuously.
    (4) For VOC emissions from equipment leaks from polypropylene, 
polyethylene, and polystyrene (including expandable polystyrene) 
manufacturing processes, the affected facilities are each group of 
fugitive emissions equipment (as defined in Sec. 60.561) within any 
process unit (as defined in Sec. 60.561). This subpart does not apply 
to VOC emissions from equipment leaks from poly(ethylene terephthalate) 
manufacturing processes.
    (i) Affected facilities with a design capacity to produce less than 
1,000 Mg/yr (1,102 ton/yr) shall be exempt from Sec. 60.562-2.

[[Page 616]]

    (ii) Addition or replacement of equipment for the purposes of 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under Sec. 60.562-2.
    (b) Applicability dates. The applicability date identifies when an 
affected facility becomes subject to a standard. Usually, a standard has 
a single applicability date. However, some polypropylene and 
polyethylene affected facilities have a September 30, 1987, 
applicability date and others have a January 10, 1989, applicability 
date. The following paragraphs identify the applicability dates for all 
affected facilities subject to this subpart.
    (1) Polypropylene and polyethylene. Each process section in a 
polypropylene or polyethylene production process is a potential affected 
facility for both continuous and intermittent emissions. The 
applicability date depends on when the process section was constructed, 
modified, or reconstructed and, in some instances, on the type of 
production process.
    (i) The applicability date for any polypropylene or polyethylene 
affected facility that is constructed, modified, or reconstructed after 
January 10, 1989, regardless of the type of production process being 
used, is January 10, 1989.
    (ii) Only some polypropylene or polyethylene process sections that 
are constructed, modified, or reconstructed on or before January 10, 
1989, but after September 30, 1987, are affected facilities. These 
process sections (and the type of emissions to be controlled) are 
identified by an ``x'' in table 1. The applicability date for the 
process sections (and the emissions to be controlled) that are 
identified by an ``x'' in table 1 is September 30, 1987. Since the 
affected facilities that have a September 30, 1987, applicability date 
are determined by the type of production process (e.g., liquid phase, 
gas phase), each owner or operator shall identify the particular 
production process that applies to his or her particular process.

----------------------------------------------------------------------------------------------------------------
                                                                                            Emissions
             Polymer              Production  process(es)    Process section   ---------------------------------
                                                                                   Continuous      Intermittent
----------------------------------------------------------------------------------------------------------------
Polypropylene...................  Liquid Phase...........  Raw Materials                     X
                                                            Preparation.
                                                           Polymerization                    X
                                                            Reaction.
                                                           Material Recovery..               X                X
                                                           Product Finishing..               X
                                                           Product Storage....
Polypropylene...................  Gas Phase..............  Raw Materials
                                                            Preparation.
                                                           Polymerization       ...............               X
                                                            Reaction.
                                                           Material Recovery..               X
                                                           Product Finishing..
                                                           Product Storage....
Low Density Polyethylene........  High Pressure..........  Raw Materials        ...............               X
                                                            Preparation.
                                                           Polymerization       ...............               X
                                                            Reaction.
                                                           Material Recovery..  ...............               X
                                                           Product Finishing..  ...............               X
                                                           Product Storage....  ...............               X
Low Density Polyethylene........  Low Pressure...........  Raw Materials                     X                X
                                                            Preparation.
High Density Polyethylene.......  Gas Phase..............  Polymerization       ...............               X
                                                            Reaction.
                                                           Material Recovery..
                                                           Product Finishing..               X
                                                           Product Storage....
High Density Polyethylene.......  Liquid Phase Slurry....  Raw Materials        ...............               X
                                                            Preparation.
                                                           Polymerization
                                                            Reaction.
                                                           Material Recovery..               X
                                                           Product Finishing..               X
                                                           Product Storage....
High Density Polyethylene.......  Liquid Phase Solution..  Raw Materials                     X                X
                                                            Preparation.
                                                           Polymerization       ...............               X
                                                            Reaction.
                                                           Material Recovery..               X                X
                                                           Product Finishing..
                                                           Product Storage....  ...............  ...............
----------------------------------------------------------------------------------------------------------------


[[Page 617]]

    (2) Polystyrene. The applicability date for each polystyrene 
affected facility is September 30, 1987.
    (3) Poly(ethylene terephthalate). The applicability date for each 
poly(ethylene terephthalate) affected facility is September 30, 1987.
    (c) Any facility under paragraph (a) of this section that commences 
construction, modification, or reconstruction after its applicability 
date as identified under paragraph (b) of this section is subject to the 
requirements of this subpart, except as provided in paragraphs (d) 
through (f) of this section.
    (d) Any polypropylene or polyethylene affected facility with a 
September 30, 1987, applicability date that commenced construction, 
modification, or reconstruction after September 30, 1987, and on or 
before January 10, 1989, with an uncontrolled emission rate (as defined 
in footnote a to table 2) at or below those identified in table 2 is not 
subject to the requirements of Sec. 60.562-1 unless and until its 
uncontrolled emission rate exceeds that rate listed for it in table 2 or 
it is modified or reconstructed after January 10, 1989. At such time, 
such facility becomes subject to Sec. 60.562-1 and the procedures 
identified in Sec. 60.562-1(a) shall be used to determine the control 
of emissions from the facility.

       Table 2--Maximum Uncontrolled Threshold Emission Rates \a\
------------------------------------------------------------------------
                                                          Uncontrolled
                                                       emission rate, kg
      Production process           Process section       TOC/Mg product
                                                        (See associated
                                                           footnote)
------------------------------------------------------------------------
Polypropylene, liquid phase     Raw Materials          0.15 \b\
 process.                        Preparation.
                                Polymerization         0.14 \b\, 0.24
                                 Reaction.              \c\
                                Material Recovery....  0.19 \b\
                                Product Finishing....  1.57 \b\
Polypropylene, gas phase        Polymerization         0.12 \c\
 process.                        Reaction.
                                Material Recovery....  0.02 \b\
Low Density Polyethylene, low   Raw Materials          0.41 \d\
 pressure process.               Preparation.
                                Polymerization         \(e)\
                                 Reaction.
                                Material Recovery....  \(e)\
                                Product Finishing....  \(e)\
                                Product Storage......  \(e)\
Low Density Polythylene, low    Raw Materials          0.05 \f\
 pressure process.               Preparation.
                                Polymerization         0.03 \g\
                                 Reaction.
                                Product Finishing....  0.01 \b\
High Density Polyethylene,      Raw Materials          0.25 \c\
 liquid phase slurry process.    Preparation.
                                Material Recovery....  0.11 \b\
                                Product Finishing....  0.41 \b\
High Density Polyethylene,      Raw Materials          0.24 \f\
 liquid phase solution process.  Preparation.
                                Polymerization         0.16 \c\
                                 Reaction.
                                Material Recovery....  1.68 \f\
High Density Polyethylene, gas  Raw Materials          0.05 \f\
 phase process.                  Preparation.
                                Polymerization         0.03 \g\
                                 Reaction.
                                Product Finishing....  0.01 \b\
Polystyrene, continuous         Material Recovery....  0.05 \b,h\
 process.
Poly(ethylene terephalate),     Material Recovery....  0.12 \b,h\
 dimethyl terephthalate
 process.
                                Polymerization         1.80 \h,i,j\
                                 Reaction.
Poly(ethlyene terephthalate),   Raw Materials          (l)
 terephthalic acid process.      Preparation.
                                Polymerization         1.80 \h,j,m\
                                 Reaction.
                                                       3.92 \h,k,m\
------------------------------------------------------------------------
a ``Uncontrolled emission rate'' refers to the emission rate of a vent
  stream that vents directly to the atmosphere and to the emission rate
  of a vent stream to the atmosphere that would occur in the absence of
  any add-on control devices but after any material recovery devices
  that constitute part of the normal material recovery operations in a
  process line where potential emissions are recovered for recycle or
  resale.
b Emission rate applies to continuous emissions only.
c Emission rate applies to intermittent emissions only.
d Total emission rate for non-emergency intermittent emissions from raw
  materials preparation, polymerization reaction, material recovery,
  product finishing, and product storage process sections.
e See footnote d.
f Emission rate applies to both continuous and intermittent emissions.
 g Emission rate applies to non-emergency intermittent emissions only.
 h Applies to modified or reconstructed affected facilities only.
 i Includes emissions from the cooling water tower.

[[Page 618]]

 
 j Applies to a process line producing low viscosity poly(ethylene
  terephthlalate).
 k Applies to a process line producing high viscosity poly(ethylene
  terephathalate).
 l See footnote m.
 m Applies to the sum of emissions to the atmosphere from the
  polymerization reaction section (including emissions from the cooling
  tower) and the raw materials preparation section (i.e., the
  esterifiers).

    (e)(1) Modified or reconstructed affected facilities at polystyrene 
and poly(ethylene terephthalate) plants with uncontrolled emission rates 
at or below those identified in table 2 are exempt from the requirements 
of Sec. 60.562-1 unless and until its uncontrolled emission rate 
exceeds that rate listed for it in table 2. This exemption does not 
apply to new polystyrene or poly(ethylene terephthalate) affected 
facilities.
    (2) Emissions from modified or reconstructed affected facilities 
that are controlled by an existing control device and that have 
uncontrolled emission rates greater than the uncontrolled threshold 
emission rates identified in table 2 are exempt from the requirements of 
Sec. 60.562-1 unless and until the existing control device is modified, 
reconstructed, or replaced.
    (f) No process section of an experimental process line is considered 
an affected facility for continuous or intermittent process emissions.
    (g) Individual vent streams that emit continuous emissions with 
uncontrolled annual emissions of less than 1.6 Mg/yr (1.76 ton/yr) or 
with a weight percent TOC of less than 0.10 percent from a new, 
modified, or reconstructed polypropylene or polyethylene affected 
facility are exempt from the requirements of Sec. 60.562-1(a)(1). If at 
a later date, an individual stream's uncontrolled annual emissions 
become 1.6 Mg/yr (1.76 ton/yr) or greater (if the stream was exempted on 
the basis of the uncontrolled annual emissions exemption) or VOC 
concentration becomes 0.10 weight percent or higher (if the stream was 
exempted on the basis of the VOC concentration exemption), then the 
stream is subject to the requirements of Sec. 60.562-1.
    (h) Emergency vent streams, as defined in Sec. 60.561, from a new, 
modified, or reconstructed polypropylene or polyethylene affected 
facility are exempt from the requirements of Sec. 60.562-1(a)(2).
    (i) An owner or operator of a polypropylene or polyethylene affected 
facility that commenced construction, modification, or reconstruction 
after September 30, 1987, and on or before January 10, 1989, and that is 
in a process line in which more than one type of polyolefin (i.e., 
polypropylene, low density polyethylene, high density polyethylene, or 
their copolymers) is produced shall select one of the polymer/production 
process combinations in table 1 for purposes of determining applicable 
affected facilities and uncontrolled threshold emissions rates.
    (j) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart G, for continuous process vents that are subject to this 
subpart, that choose to comply with Sec. 60.562-1(a)(1)(i)(A), (B), or 
(C) as allowed in Sec. 60.562-1(a)(1) and (b)(1)(iii). The requirements 
of 40 CFR part 65, subpart G, satisfy the requirements of paragraph (c) 
of this section and Sec. Sec. 60.563 through 60.566, except for Sec. 
60.565(g)(1). Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart G, must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (j)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart G, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart G, must comply with 40 CFR part 65, subpart A.
    (3) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart G, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR part 65, subpart G, with

[[Page 619]]

which the owner or operator has elected to comply. Notification shall be 
submitted with the notification of initial startup required by 40 CFR 
65.5(b).

    (Note: The numerical emission limits in these standards are 
expressed in terms of total organic compounds, measured as total organic 
compounds less methane and ethane.)

[55 FR 51035, Dec. 11, 1990; 56 FR 12299, Mar. 22, 1991, as amended at 
65 FR 61765, Oct. 17, 2000; 65 FR 78278, Dec. 14, 2000]



Sec. 60.561  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A of part 60, or in subpart VV 
of part 60, and the following terms shall have the specific meanings 
given them.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam.
    Capital expenditure means, in addition to the definition in 40 CFR 
60.2, an expenditure for a physical or operational change to an existing 
facility that exceeds P, the product of the facility's replacement cost, 
R, and an adjusted annual asset guideline repair allowance, A, as 
reflected by the following equation: P = R x A, where
    (a) The adjusted annual asset guideline repair allowance, A, is the 
product of the percent of the replacement cost, Y, and the applicable 
basic annual asset guideline repair allowance, B, as reflected by the 
following equation: A = Y x (B / 100);
    (b) The percent Y is determined from the following equation: Y = 1.0 
- 0.57 log X, where X is 1986 minus the year of construction; and
    (c) The applicable basic annual asset guideline repair allowance, B, 
is equal to 12.5.
    Car-sealed means, for purposes of these standards, a seal that is 
placed on the device used to change the position of a valve (e.g., from 
opened to closed) such that the position of the valve cannot be changed 
without breaking the seal and requiring the replacement of the old seal 
once broken with a new seal.
    Closed vent system means a system that is not open to the atmosphere 
and that is composed of piping, connections, and, if necessary, flow 
inducing devices that transport gas or vapor from a piece or pieces of 
equipment to a control device.
    Continuous emissions means any gas stream containing VOC that is 
generated essentially continuously when the process line or any piece of 
equipment in the process line is operating.
    Continuous process means a polymerization process in which reactants 
are introduced in a continuous manner and products are removed either 
continuously or intermittently at regular intervals so that the process 
can be operated and polymers produced essentially continuously.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Copolymer means a polymer that has two different repeat units in its 
chain.
    Decomposition means, for the purposes of these standards, an event 
in a polymerization reactor that advances to the point where the 
polymerization reaction becomes uncontrollable, the polymer begins to 
break down (decompose), and it becomes necessary to relieve the reactor 
instantaneously in order to avoid catastrophic equipment damage or 
serious adverse personnel safety consequences.
    Decomposition emissions refers to those emissions released from a 
polymer production process as the result of a decomposition or during 
attempts to prevent a decomposition.
    Emergency vent stream means, for the purposes of these standards, an 
intermittent emission that results from a decomposition, attempts to 
prevent decompositions, power failure, equipment failure, or other 
unexpected cause that requires immediate venting of gases from process 
equipment in order to avoid safety hazards or equipment damage. This 
includes intermittent vents that occur from process equipment where 
normal operating parameters (e.g., pressure or temperature) are exceeded 
such that the process equipment can not be returned to normal operating 
conditions using the design features of the system and venting must 
occur to avoid equipment failure or adverse safety personnel 
consequences and to minimize adverse effects of the runaway reaction. 
This does not include intermittent vents

[[Page 620]]

that are designed into the process to maintain normal operating 
conditions of process vessels including those vents that regulate normal 
process vessel pressure.
    End finisher means a polymerization reaction vessel operated under 
very low pressures, typically at pressures of 2 mm Hg (1 in. 
H2O) or less, in order to produce high viscosity 
poly(ethylene terephthalate). An end finisher is preceded in a high 
viscosity poly(ethylene terephthalate) process line by one or more 
polymerization vessels operated under less severe vacuums, typically 
between 5 and 10 mm Hg (3 and 5 in. H2O). A high viscosity 
poly(ethylene terephthalate) process line may have one or more end 
finishers.
    Existing control device means, for the purposes of these standards, 
an air pollution control device that has been in operation on or before 
September 30, 1987, or that has been in operation between September 30, 
1987, and January 10, 1989, on those continuous or intermittent 
emissions from a process section that is marked by an ``--'' in table 1 
of this subpart.
    Existing control device is reconstructed means, for the purposes of 
these standards, the capital expenditure of at least 50 percent of the 
replacement cost of the existing control device.
    Existing control device is replaced means, for the purposes of these 
standards, the replacement of an existing control device with another 
control device.
    Expandable polystyrene means a polystyrene bead to which a blowing 
agent has been added using either an in-situ suspension process or a 
post-impregnation suspension process.
    Experimental process line means a polymer or copolymer manufacturing 
process line with the sole purpose of operating to evaluate polymer 
manufacturing processes, technologies, or products. An experimental 
process line does not produce a polymer or resin that is sold or that is 
used as a raw material for nonexperimental process lines.
    Flame zone means that portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Fugitive emissions equipment means each pump, compressor, pressure 
relief device, sampling connection system, open-ended valve or line, 
valve, and flange or other connector in VOC service and any devices or 
systems required by subpart VV of this part.
    Gas phase process means a polymerization process in which the 
polymerization reaction is carried out in the gas phase; i.e., the 
monomer(s) are gases in a fluidized bed of catalyst particles and 
granular polymer.
    High density polyethylene (HDPE) means a thermoplastic polymer or 
copolymer comprised of at least 50 percent ethylene by weight and having 
a density of greater than 0.940 gm/cm\3\3 (58.7 lb/ft\3\).
    High pressure process means the conventional production process for 
the manufacture of low density polyethylene in which a reaction pressure 
of about 15,000 psig (103,000 kPa gauge) or greater is used.
    High viscosity poly(ethylene terephthalate) means poly(ethylene 
terephthalate) that has an intrinsic viscosity of 0.9 or higher and is 
used in such applications as tire cord and seat belts.
    Incinerator means an enclosed combustion device that is used for 
destroying VOC.
    In-situ suspension process means a manufacturing process in which 
styrene, blowing agent, and other raw materials are added together 
within a reactor for the production of expandable polystyrene.
    Intermittent emissions means those gas streams containing VOC that 
are generated at intervals during process line operation and includes 
both planned and emergency releases.
    Liquid phase process means a polymerization process in which the 
polymerization reaction is carried out in the liquid phase; i.e., the 
monomer(s) and any catalyst are dissolved, or suspended in a liquid 
solvent.
    Liquid phase slurry process means a liquid phase polymerization 
process in which the monomer(s) are in solution (completely dissolved) 
in a liquid solvent, but the polymer is in the form of solid particles 
suspended in the liquid reaction mixture during the polymerization 
reaction; sometimes called a particle form process.

[[Page 621]]

    Liquid phase solution process means a liquid phase polymerization 
process in which both the monomer(s) and polymer are in solution 
(completely dissolved) in the liquid reaction mixture.
    Low density polyethylene (LDPE) means a thermoplastic polymer or 
copolymer comprised of at least 50 percent ethylene by weight and having 
a density of 0.940 g/cm\3\ (58.7 lb/ft\3\) or less.
    Low pressure process means a production process for the manufacture 
of low density polyethylene in which a reaction pressure markedly below 
that used in a high pressure process is used. Reaction pressure of 
current low pressure processes typically go up to about 300 psig (2,070 
kPa gauge).
    Low viscosity poly(ethylene terephthalate) means a poly(ethylene 
terephthalate) that has an intrinsic viscosity of less than 0.75 and is 
used in such applications as clothing, bottle, and film production.
    Material recovery section means the equipment that recovers 
unreacted or by-product materials from any process section for return to 
the process line, off-site purification or treatment, or sale. Equipment 
designed to separate unreacted or by-product material from the polymer 
product are to be included in this process section, provided at least 
some of the material is recovered for reuse in the process, off-site 
purification or treatment, or sale, at the time the process section 
becomes an affected facility. Otherwise such equipment are to be 
assigned to one of the other process sections, as appropriate. Equipment 
that treats recovered materials are to be included in this process 
section, but equipment that also treats raw materials are not to be 
included in this process section. The latter equipment are to be 
included in the raw materials preparation section. If equipment is used 
to return unreacted or by-product material directly to the same piece of 
process equipment from which it was emitted, then that equipment is 
considered part of the process section that contains the process 
equipment. If equipment is used to recover unreacted or by-product 
material from a process section and return it to another process section 
or a different piece of process equipment in the same process section or 
sends it off-site for purification, treatment, or sale, then such 
equipment are considered part of a material recovery section. Equipment 
used for the on-site recovery of ethylene glycol from poly(ethylene 
terephthalate) plants, however, are not included in the material 
recovery section, but are covered under the standards applicable to the 
polymerization reaction section (Sec. 60.562-1(c)(1)(ii)(A) or 
(2)(ii)(A)).
    Operating day means, for the purposes of these standards, any 
calendar day during which equipment used in the manufacture of polymer 
was operating for at least 8 hours or one labor shift, whichever is 
shorter. Only operating days shall be used in determining compliance 
with the standards specified in Sec. 60.562-1(c)(1)(ii)(B), (1)(ii)(C), 
(2)(ii)(B), and (2)(ii)(C). Any calendar day in which equipment is used 
for less than 8 hours or one labor shift, whichever is less, is not an 
``operating day'' and shall not be used as part of the rolling 14-day 
period for determining compliance with the standards specified in Sec. 
60.562-1(c)(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), and (2)(ii)(C).
    Polyethylene means a thermoplastic polymer or copolymer comprised of 
at least 50 percent ethylene by weight; see low density polyethylene and 
high density polyethylene.
    Poly(ethylene terephthalate) (PET) means a polymer or copolymer 
comprised of at least 50 percent bis-(2-hydroxyethyl)-terephthalate 
(BHET) by weight.
    Poly(ethylene terephthalate) (PET) manufacture using dimethyl 
terephthalate means the manufacturing of poly(ethylene terephthalate) 
based on the esterification of dimethyl terephthalate (DMT) with 
ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate (BHET) that is subsequently polymerized to form PET.
    Poly(ethylene terephthalate) (PET) manufacture using terephthalic 
acid means the manufacturing of poly(ethylene terephthalate) based on 
the esterification reaction of terephthalic acid (TPA) with ethylene 
glycol to form the intermediate monomer bis-(2-hydroxyethyl)-
terephthalate (BHET) that is subsequently polymerized to form PET.

[[Page 622]]

    Polymerization reaction section means the equipment designed to 
cause monomer(s) to react to form polymers, including equipment designed 
primarily to cause the formation of short polymer chains (oligomers or 
low polymers), but not including equipment designed to prepare raw 
materials for polymerization, e.g., esterification vessels. For the 
purposes of these standards, the polymerization reaction section begins 
with the equipment used to transfer the materials from the raw materials 
preparation section and ends with the last vessel in which 
polymerization occurs. Equipment used for the on-site recovery of 
ethylene glycol from poly(ethylene terephthalate) plants, however, are 
included in this process section, rather than in the material recovery 
process section.
    Polypropylene (PP) means a thermoplastic polymer or copolymer 
comprised of at least 50 percent propylene by weight.
    Polystyrene (PS) means a thermoplastic polymer or copolymer 
comprised of at least 80 percent styrene or para-methylstyrene by 
weight.
    Post-impregnation suspension process means a manufacturing process 
in which polystyrene beads are first formed in a suspension process, 
washed, dried, or otherwise finished and then added with a blowing agent 
to another reactor in which the beads and blowing agent are reacted to 
produce expandable polystyrene.
    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubular coils, including all fluids 
except water that is heated to produce steam.
    Process line means a group of equipment assembled that can operate 
independently if supplied with sufficient raw materials to produce 
polypropylene, polyethylene, polystyrene, (general purpose, crystal, or 
expandable) or poly(ethylene terephthalate) or one of their copolymers. 
A process line consists of the equipment in the following process 
sections (to the extent that these process sections are present at a 
plant): raw materials preparation, polymerization reaction, product 
finishing, product storage, and material recovery.
    Process section means the equipment designed to accomplish a general 
but well-defined task in polymer production. Process sections include 
raw materials preparation, polymerization reaction, material recovery, 
product finishing, and product storage and may be dedicated to a single 
process line or common to more than one process line.
    Process unit means equipment assembled to perform any of the 
physical and chemical operations in the production of polypropylene, 
polyethylene, polystyrene, (general purpose, crystal, or expandable), or 
poly(ethylene terephthalate) or one of their copolymers. A process unit 
can operate independently if supplied with sufficient feed or raw 
materials and sufficient storage facilities for the product. Examples of 
process units are raw materials handling and monomer recovery.
    Product finishing section means the equipment that treats, shapes, 
or modifies the polymer or resin to produce the finished end product of 
the particular facility, including equipment that prepares the product 
for product finishing. For the purposes of these standards, the product 
finishing section begins with the equipment used to transfer the 
polymerized product from the polymerization reaction section and ends 
with the last piece of equipment that modifies the characteristics of 
the polymer. Product finishing equipment may accomplish product 
separation, extruding and pelletizing, cooling and drying, blending, 
additives introduction, curing, or annealing. Equipment used to separate 
unreacted or by-product material from the product are to be included in 
this process section, provided the material separated from the polymer 
product is not recovered at the time the process section becomes an 
affected facility. If the material is being recovered, then the 
separation equipment are to be included in the material recovery 
section. Product finishing does not include polymerization, the physical 
mixing of the pellets to obtain a homogenous mixture of the polymer 
(except as noted below), or the shaping (such as fiber spinning, 
molding, or fabricating) or modification (such as fiber stretching and 
crimping) of the finished end product. If physical

[[Page 623]]

mixing occurs in equipment located between product finishing equipment 
(i.e., before all the chemical and physical characteristics have been 
``set'' by virtue of having passed through the last piece of equipment 
in the product finishing section), then such equipment are to be 
included in this process section. Equipment used to physically mix the 
finished product that are located after the last piece of equipment in 
the product finishing section are part of the product storage section.
    Product storage section means the equipment that is designed to 
store the finished polymer or resin end product of the particular 
facility. For the purposes of these standards, the product storage 
section begins with the equipment used to transfer the finished product 
out of the product finishing section and ends with the containers used 
to store the final product. Any equipment used after the product 
finishing section to recover unreacted or by-product material are to be 
considered part of a material recovery section. Product storage does not 
include any intentional modification of the characteristics of any 
polymer or resin product, but does include equipment that provide a 
uniform mixture of product, provided such equipment are used after the 
last product finishing piece of equipment. This process section also 
does not include the shipment of a finished polymer or resin product to 
another facility for further finishing or fabrication.
    Raw materials preparation section means the equipment located at a 
polymer manufacturing plant designed to prepare raw materials, such as 
monomers and solvents, for polymerization. For the purposes of these 
standards, this process section begins with the equipment used to 
transfer raw materials from storage and recovered material from material 
recovery process sections, and ends with the last piece of equipment 
that prepares the material for polymerization. The raw materials 
preparation section may include equipment that accomplishes 
purification, drying, or other treatment of raw materials or of raw and 
recovered materials together, activation of catalysts, and 
esterification including the formation of some short polymer chains 
(oligomers), but does not include equipment that is designed primarily 
to accomplish the formation of oligomers, the treatment of recovered 
materials alone, or the storage of raw materials.
    Recovery system means an individual unit or series of material 
recovery units, such as absorbers, condensers, and carbon adsorbers, 
used for recovering volatile organic compounds.
    Total organic compounds (TOC) means those compounds measured 
according to the procedures specified in Sec. 60.564.
    Vent stream means any gas stream released to the atmosphere directly 
from an emission source or indirectly either through another piece of 
process equipment or a material recovery device that constitutes part of 
the normal recovery operations in a polymer process line where potential 
emissions are recovered for recycle or resale, and any gas stream 
directed to an air pollution control device. The emissions released from 
an air pollution control device are not considered a vent stream unless, 
as noted above, the control device is part of the normal material 
recovery operations in a polymer process line where potential emissions 
are recovered for recycle or resale.
    Volatile organic compounds (VOC) means, for the purposes of these 
standards, any reactive organic compounds as defined in Sec. 60.2 
Definitions.

[55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, 1991; 56 FR 12299, Mar. 
22, 1991; 65 FR 61767, Oct. 17, 2000]



Sec. 60.562-1  Standards: Process emissions.

    (a) Polypropylene, low density polyethylene, and high density 
polyethylene. Each owner or operator of a polypropylene, low density 
polyethylene, or high density polyethylene process line containing a 
process section subject to the provisions of this subpart shall comply 
with the provisions in this section on and after the date on which the 
initial performance test required by Sec. 60.8 is completed, but not 
later than 60 days after achieving the maximum production rate at which 
the affected facility will be operated, or 180 days after initial 
startup whichever comes first.

[[Page 624]]

    (1) Continuous emissions. For each vent stream that emits continuous 
emissions from an affected facility as defined in Sec. 60.560(a)(1), 
the owner or operator shall use the procedures identified in paragraphs 
(a)(1) (ii) and (iii) of this section for determining which continuous 
emissions are to be controlled and which level of control listed in 
paragraph (a)(1)(i) of this section is to be met. The owner or operator 
shall use the procedures identified in paragraphs (a)(1) (ii) and (iii) 
of this section each time a process section is constructed, modified, or 
reconstructed at the plant site.
    (i) Level of control Continuous emission streams determined to be 
subject to control pursuant to the procedures identified in paragraphs 
(a)(1) (ii) and (iii) of this section, as applicable, shall meet one of 
the control levels identified in paragraphs (a)(1)(i) (A) through (D) of 
this section. The procedures in paragraphs (a)(1) (ii) and (iii) of this 
section identify which level of control may be met. The level of control 
identified in paragraph (a)(1)(i)(D) of this section is limited to 
certain continuous emission streams, which are identified through the 
procedures in paragraphs (a)(1) (ii) and (iii) of this section.
    (A) Reduce emissions of total organic compounds (minus methane and 
ethane) (TOC) by 98 weight percent, or to a concentration of 20 parts 
per million by volume (ppmv) on a dry basis, whichever is less 
stringent. The TOC is expressed as the sum of the actual compounds, not 
carbon equivalents. If an owner or operator elects to comply with the 20 
ppmv standard, the concentration shall include a correction to 3 percent 
oxygen only when supplemental combustion air is used to combust the vent 
stream.
    (B) Combust the emissions in a boiler or process heater with a 
design heat input capacity of 150 million Btu/hour or greater by 
introducing the vent stream into the flame zone of the boiler or process 
heater. (Note: A boiler or process heater of lesser design heat capacity 
may be used, but must demonstrate compliance with paragraph (a)(1)(i)(A) 
of this section.)
    (C) Combust the emissions in a flare that meets the conditions 
specified in Sec. 60.18. If the flare is used to control both 
continuous and intermittent emissions, the flare shall meet the 
conditions specified in Sec. 60.18 at all times (i.e., which 
controlling continuous emissions alone or when controlling both 
continuous and intermittent emissions).
    (D) Vent the emissions to a control device located on the plant 
site.
    (ii) Uncontrolled Continuous Emissions. For each vent stream that 
emits continuous emissions from an affected facility as defined in Sec. 
60.560(a)(1) and that is not controlled in an existing control device, 
the owner or operator shall use the procedures identified in table 3 to 
identify those continuous emissions from each constructed, modified, or 
reconstructed affected facility that are to be controlled. The owner 
shall include in the procedure all uncontrolled continuous vent streams 
from previously constructed, modified, or reconstructed affected 
facilities at the plant site each time a process section is constructed, 
modified, or reconstructed at the plant site. In applying the procedures 
shown in table 3, the stream characteristics may be either measured or 
calculated as specified in Sec. 60.564(d). For modified or 
reconstructed affected facilities, these stream characteristics are to 
be determined after a modification or reconstruction determination has 
been made by the Administrator, but before any actual changes have been 
undertaken, and then again after the actual changes have been made. 
Figure 1 provides a summary overview of the control determination 
procedure described in table 3.

[[Page 625]]



  Table 3--Procedure for Determining Control and Applicable Standard for Continuous Emission Streams From New,
                  Modified, or Reconstructed Polypropylene and Polyethylene Affected Facilities
----------------------------------------------------------------------------------------------------------------
                                     Applicable TOC
          Procedure /a/              weight percent    Control/no control           Applicable standard
                                         range              criteria
----------------------------------------------------------------------------------------------------------------
1. Sum all uncontrolled streams    0.10 < 5.5         1. If total          1. Sec. 60.562-1(a)(1)(i) (A), (B),
 with TOC weight percent within                        combined             or (C).
 the applicable weight percent                         uncontrolled
 range from all affected                               emissions are
 facilities at a plant site.                           equal to or
                                                       greater than the
                                                       calculated
                                                       threshold
                                                       emissions (CTE) /b/
                                                       , control.
2. Calculate total uncontrolled    .................  2. If total          2. Sec. 60.562-1(a)(1)(i) (A)
 annual emissions for each weight                      combined             through (D).
 percent range. For modified or                        uncontrolled
 affected facilities, use the                          emission are less
 total uncontrolled emissions                          than the CTE /b/,
 after modification or                                 control only
 reconstruction.                                       individual streams
                                                       with volume flow
                                                       rates of 8 scfm or
                                                       less.
3. Calculate composite TOC         5.5 < 20           1. If total          1. Sec. 60.562-1(a)(1)(i) (A), (B),
 concentration (weight percent)                        combined             or (C)
 for streams in the 0.10 to less                       uncontrolled        2. If total combined uncontrolled
 than 5.5 weight percent range                         emissions are        emissions are less than the CTE /b/,
 and for streams in the 5.5 to                         equal to or          control only individual streams with
 less than 20 weight percent                           greater than CTE /   volume flow rates of 8 scfm or less.
 range. For modified or                                b/, control.
 reconstructed affected
 facilities, calculate the
 composite VOC concentration
 before and after modification
 and reconstruction.
4. Select the higher of the two    20 to 100          1. If total          1. Sec. 60.562-1(a)(1)(i) (A), (B),
 TOC concentrations for each                           combined             or (C).
 weight percent range for vent                         uncontrolled
 streams from a modified or                            emissions are
 reconstructed affected facility.                      equal to or
                                                       greater than 18.2
                                                       Mg/yr, control.
5. Calculate the threshold         .................  2. If total          2. Sec. 60.562-1(a)(1)(i) (A)
 emissions for the 0.10 to less                        combined             through (D).
 than 5.5 weight percent range                         uncontrolled
 and for the 5.5 to less than 20                       emissions are less
 weight percent range using the                        than 18.2 Mg/yr,
 respective composite TOC                              control.
 concentration selected above.
----------------------------------------------------------------------------------------------------------------
a Individual streams excluded under Sec. 60.560(g) from the requirements of Sec. 60.562-1 are to be excluded
  from all calculations in this table. This paragraph exempts all individual emission streams with individual
  uncontrolled annual emission rates of less than 1.6 Mg/yr and all individual emission streams with individual
  TOC concentrations of less than 0.10 percent TOC by weight.
b For the 0.10 to less than 5.5 weight percent range, the following equations are used:


------------------------------------------------------------------------
                                                Use this equation to
If the percent composite TOC concentration       calculate threshold
                    is                                emissions
------------------------------------------------------------------------
0.10<0.12.................................  (ax7.5x10\6\)+226
0.12<0.2..................................  (bx58.3)+116.8
0.2<0.3...................................  (cx3020)+71.8
0.3<0.4...................................  (dx547)+54.5
0.4<0.6...................................  48.3+31 (0.6-weight percent
                                             TOC)
0.6<5.5...................................  48.3
------------------------------------------------------------------------

where: a=(0.12-weight percent TOC).2,5
[GRAPHIC] [TIFF OMITTED] TC16NO91.070

c=(0.3-weight percent TOC)\2\
d=(0.4-weight percent TOC).1,5

    For the 5.5 to less than 20 weight percent range, the following 
equations are used.

------------------------------------------------------------------------
                                                Use this equation to
If the percent composite TOC concentration       calculate threshold
                    is                                emissions
------------------------------------------------------------------------
5.5<7.0...................................  (ex740)+31
7.0<9.0...................................  (fx324)+25.0
9.0<20....................................  (gx125)+18.2
------------------------------------------------------------------------

where

[[Page 626]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.071


[[Page 627]]


[GRAPHIC] [TIFF OMITTED] TC01JN92.048

    (iii) Controlled Continuous Emissions. For each vent stream that 
emits continuous emissions from an affected facility as defined in Sec. 
60.560(a)(1) and that is controlled in an existing control device, each 
owner or operator shall determine whether the emissions entering the 
control device are greater

[[Page 628]]

than or equal to the calculated threshold emissions (CTE) level, which 
is to be calculated using the TOC concentration of the inlet vent stream 
and the equations in footnote b of table 3. If the inlet stream's TOC 
concentration is equal to or greater than 20 weight percent, the 
calculated threshold emissions level is 18.2 Mg/yr (20.1 ton/yr). If 
multiple emission streams are vented to the control device, the 
individual streams are not to be separated into individual weight 
percent ranges for calculation purposes as would be done for 
uncontrolled emission streams. Emissions vented to an existing control 
device are required to be controlled as described in paragraphs 
(a)(1)(iii) (A) and (B) of this section. Figure 2 illustrates the 
control determination procedure for controlled continuous emissions.

[[Page 629]]

[GRAPHIC] [TIFF OMITTED] TC01JN92.049

    (A) If the annual emissions of the stream entering the control 
device are equal to or greater than the CTE levels, then compliance with 
one of the requirements identified in Sec. 60.562-1(a)(1)(i) (A), (B), 
or (C) is required at such time the control device is reconstructed or 
replaced or has its operating conditions modified as a result of State 
or local regulations (including changes in the operating permit) 
including those instances where the control device is reconstructed, 
replaced, or modified in its operation at the same time the existing 
process section

[[Page 630]]

is modified or reconstructed and becomes an affected facility. If the 
existing control device already complies with one of the requirements 
identified in Sec. 60.562-1(a)(1)(i) (A), (B), or (C), no further 
control is required.
    (B) If the annual emissions of the stream entering the control 
device are less than the CTE level, then the requirements of Sec. 
60.562-1(a)(1)(i) (A), (B), or (C) are not applicable at that time. 
However, if the control device is replaced, reconstructed, or modified 
at a later date, each owner or operator shall reevaluate the 
applicability of these standards. This is done by combining with the 
vent stream entering the control device any uncontrolled vent streams in 
the same weight percent range as the controlled vent stream and 
determining whether the annual emissions of the stream entering the 
control device plus the applicable uncontrolled vent streams are greater 
than or equal to the CTE level, which is based on the weighted TOC 
concentration of the controlled vent stream and the uncontrolled vent 
streams. If the annual emissions entering the control device (including 
the applicable uncontrolled vent streams) are greater than or equal to 
the CTE level, then compliance with one of the requirements identified 
in Sec. 60.562-1(a)(1)(i) (A), (B), or (C) is required at that time for 
both the controlled and uncontrolled vent streams. If the annual 
emissions are less than the CTE level, compliance with these standards 
is again not required at such time. However, if the control device is 
again replaced, reconstructed, or modified, each owner or operator shall 
repeat this determination procedure.
    (2) Intermittent emissions. The owner or operator shall control each 
vent stream that emits intermittent emissions from an affected facility 
as defined in Sec. 60.560-1(a)(1) by meeting one of the control 
requirements specified in paragraphs (a)(2) (i) and (ii) of this 
section. If a vent stream that emits intermittent emissions is 
controlled in an existing flare, incinerator, boiler, or process heater, 
the requirements of this paragraph are waived until such time the 
control device is reconstructed or replaced or is modified in its 
operating conditions as a result of State or local regulation, including 
changes in the operating permit. This paragraph does not apply to 
emergency vent streams exempted by Sec. 60.560(h) and as defined in 
Sec. 60.561.
    (i) Combust the emissions in a flare that is:
    (A) Designed for and operated with no visible emissions, except for 
periods not to exceed a total of 5 minutes during any 2 consecutive 
hours,
    (B) Operated with a flame present at all times, and
    (C) Designed to maintain a stable flame.
    (ii) Combust the emissions in an incinerator, boiler, or process 
heater. Such emissions shall be introduced into the flame zone of a 
boiler or process heater.
    (b) Polystyrene. Each owner or operator of a polystyrene process 
line containing process sections subject to the provisions of this 
subpart shall comply with the provisions in this section on and after 
the date on which the initial performance test required by Sec. 60.8 is 
completed, but not later than 60 days after achieving the maximum 
production rate at which the affected facility will be operated, or 180 
days after initial startup, whichever comes first. Each owner or 
operator of a polystyrene process line using a continuous process shall:
    (1) Limit the continuous TOC emissions from the material recovery 
section by complying with one of the following:
    (i) Not allow continuous TOC emissions to be greater than 0.0036 kg 
TOC/Mg (0.0072 lb TOC/ton) product; or
    (ii) Not allow the outlet gas stream temperature from each final 
condenser in the material recovery section to exceed -25 [deg]C (-13 
[deg]F). For purposes of this standard, temperature excursions above 
this limit shall not be considered a violation when such excursions 
occur during periods of startup, shutdown, or malfunction; or
    (iii) Comply with Sec. 60.562-1(a)(1)(i) (A), (B), or (C).
    (2) If continuous TOC emissions from the material recovery section 
are routed through an existing emergency vapor recovery system, then 
compliance with these standards is required when the emergency vapor 
recovery

[[Page 631]]

system undergoes modification, reconstruction, or replacement. In such 
instances, compliance with these standards shall be achieved no later 
than 180 days after completion of the modification, reconstruction, or 
replacement.
    (c) Poly(ethylene terephthalate). Each owner or operator of a 
poly(ethylene terephthalate) process line containing process sections 
subject to the provisions of this subpart shall comply with the 
provisions in this section on and after the date on which the initial 
performance test required by Sec. 60.8 is completed, but not later than 
60 days after achieving the maximum production rate at which the 
affected facility will be operated, or 180 days after initial startup, 
whichever comes first.
    (1) Each owner or operator of a PET process line using a dimethyl 
terephthalate process shall:
    (i) Limit the continuous TOC emissions from the material recovery 
section (i.e., methanol recovery) by complying with one of the 
following:
    (A) Not allow the continuous TOC emissions to be greater than 0.018 
kg TOC/Mg (0.036 lb TOC/ton) product; or
    (B) Not allow the outlet gas stream temperature from each final 
condenser in the material recovery section (i.e., methanol recovery) to 
exceed +3 [deg]C (+37 [deg]F). For purposes of this standard, 
temperature excursions above this limit shall not be considered a 
violation when such excursions occur during periods of startup, 
shutdown, or malfunction.
    (ii) Limit the continuous TOC emissions and, if steam-jet ejectors 
are used to provide vacuum to the polymerization reactors, the ethylene 
glycol concentration from the polymerization reaction section by 
complying with the appropriate standard set forth below. The ethylene 
glycol concentration limits specified in paragraphs (c)(1)(ii) (B) and 
(C) of this section shall be determined by the procedures specified in 
Sec. 60.564(j).
    (A) Not allow continuous TOC emissions from the polymerization 
reaction section (including emissions from any equipment used to further 
recover the ethylene glycol, but excluding those emissions from the 
cooling tower) to be greater than 0.02 kg TOC/Mg (0.04 lb TOC/ton) 
product; and
    (B) If steam-jet ejectors are used as vacuum producers and a low 
viscosity product is being produced using single or multiple end 
finishers or a high viscosity product is being produced using a single 
end finisher, maintain the concentration of ethylene glycol in the 
liquid effluent exiting the vacuum system servicing the polymerization 
reaction section at or below 0.35 percent by weight, averaged on a daily 
basis over a rolling 14-day period of operating days; or
    (C) If steam-jet ejectors are used as vacuum producers and a high 
viscosity product is being produced using multiple end finishers, 
maintain an ethylene glycol concentration in the cooling tower at or 
below 6.0 percent by weight, averaged on a daily basis over a rolling 
14-day period of operating days.
    (2) Each owner or operator of a PET process line using a 
terephthalic acid process shall:
    (i) Not allow the continuous TOC emissions from the esterification 
vessels in the raw materials preparation section to be greater than 0.04 
kg TOC/Mg (0.08 lb TOC/ton) product.
    (ii) Limit the continuous TOC emissions and, if steam-jet ejectors 
are used to provide vaccum to the polymerization reactors, the ethylene 
glycol concentration from the polymerization reaction section by 
complying with the appropriate standard set forth below. The ethylene 
glycol concentration limits specified in paragraphs (c)(2)(ii) (B) and 
(C) of this section shall be determined by the procedures specified in 
Sec. 60.564(j).
    (A) Not allow continuous TOC emissions from the polymerization 
reaction section (including emissions from any equipment used to further 
recover the ethylene glycol, but excluding those emissions from the 
cooling tower) to be greater than 0.02 kg TOC/Mg (0.04 lb TOC/ton) 
product; and
    (B) If steam-jet ejectors are used as vacuum producers and a low 
viscosity product is being produced using single or multiple end 
finishers or a high viscosity product is being produced using a single 
end finisher, maintain the concentration of ethylene glycol in the

[[Page 632]]

liquid effluent exiting the vacuum system servicing the polymerization 
reaction section at or below 0.35 percent by weight, averaged on a daily 
basis over a rolling 14-day period of operating days; or
    (C) If steam-jet ejectors are used as vacuum producers and a high 
viscosity product is being produced using multiple end finishers, 
maintain an ethylene glycol concentration in the cooling tower at or 
below 6.0 percent by weight, averaged on a daily basis over a rolling 
14-day period of operating days.
    (d) Closed vent systems and control devices used to comply with this 
subpart shall be operated at all times when emissions may be vented to 
them.
    (e) Vent systems that contain valves that could divert a vent stream 
from a control device shall have car-sealed opened all valves in the 
vent system from the emission source to the control device and car-
sealed closed all valves in vent system that would lead the vent stream 
to the atmosphere, either directly or indirectly, bypassing the control 
device.

[55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, 1991, as amended at 56 
FR 12299, Mar. 22, 1991; 65 FR 61767, Oct. 17, 2000]



Sec. 60.562-2  Standards: Equipment leaks of VOC.

    (a) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall comply with the requirements specified 
in Sec. 60.482-1 through Sec. 60.482-10 as soon as practicable, but no 
later than 180 days after initial startup, except that indications of 
liquids dripping from bleed ports in existing pumps in light liquid 
service are not considered to be a leak as defined in Sec. 60.482-
2(b)(2). For purposes of this standard, a ``bleed port'' is a 
technologically-required feature of the pump whereby polymer fluid used 
to provide lubrication and/or cooling of the pump shaft exits the pump, 
thereby resulting in a visible leak of fluid. This exemption expires 
when the existing pump is replaced or reconstructed.
    (b) An owner or operator may elect to comply with the requirements 
specified in Sec. 60.483-1 and Sec. 60.483-2.
    (c) An owner or operator may apply to the Administrator for a 
determination of equivalency for any means of emission limitation that 
achieves a reduction in emissions of VOC at least equivalent to the 
reduction in emissions of VOC achieved by the controls required in this 
subpart. In doing so, the owner or operator shall comply with 
requirements specified in Sec. 60.484.
    (d) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions specified in Sec. 60.485 except an 
owner or operator may use the following provision in addition to Sec. 
60.485(e): Equipment is in light liquid service if the percent 
evaporated is greater than 10 percent at 150 [deg]C (302 [deg]F) as 
determined by ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by 
reference as specified in Sec. 60.17).
    (e) Each owner or operator subject to the provisions of this subpart 
shall comply with Sec. 60.486 and Sec. 60.487.

[55 FR 51035, Dec. 11, 1990; 56 FR 12299, Mar. 22, 1991, as amended at 
65 FR 61767, Oct. 17, 2000]



Sec. 60.563  Monitoring requirements.

    (a) Whenever a particular item of monitoring equipment is specified 
in this section to be installed, the owner or operator shall install, 
calibrate, maintain, and operate according to manufacturer's 
specifications that item as follows:
    (1) A temperature monitoring device to measure and record 
continuously the operating temperature to within 1 percent (relative to 
degrees Celsius) or 0.5 [deg]C (0.9 [deg]F), whichever is greater.
    (2) A flame monitoring device, such as a thermocouple, an 
ultraviolet sensor, an infrared beam sensor, or similar device to 
indicate and record continuously whether a flare or pilot light flame is 
present, as specified.
    (3) A flow monitoring indicator to indicate and record whether or 
not flow exists at least once every fifteen minutes.
    (4) An organic monitoring device (based on a detection principle 
such as infrared, photoionization, or thermal conductivity) to indicate 
and record continuously the concentration level of organic compounds.

[[Page 633]]

    (5) A specific gravity monitoring device to measure and record 
continuously to within 0.02 specific gravity unit.
    (b) The owner or operator shall install, as applicable, the 
monitoring equipment for the control means used to comply with Sec. 
60.562-1, except Sec. 60.562-1(a)(1)(i)(D), as follows:
    (1) If the control equipment is an incinerator:
    (i) For a noncatalytic incinerator, a temperature monitoring device 
shall be installed in the firebox.
    (ii) For a catalytic incinerator, temperature monitoring devices 
shall be installed in the gas stream immediately before and after the 
catalytic bed.
    (2) If a flare is used:
    (i) A flame monitoring device shall be installed to indicate the 
presence of a flare flame or a flame for each pilot light, if the flare 
is used to comply with Sec. 60.562-1(a)(1), including those flares 
controlling both continuous and intermittent emissions.
    (ii) A thermocouple or equivalent monitoring device to indicate the 
presence of a flame at each pilot light, if used to comply with Sec. 
60.562-1(a)(2).
    (3) If a boiler or process heater is used:
    (i) If the boiler or process heater has a heat input design capacity 
of less than 150 million Btu/hr, a temperature monitoring device shall 
be installed between the radiant section and the convection zone for 
watertube boilers and between the furnace (combustion zone) and the 
firetubes for firetube boilers.
    (ii) If the boiler or process heater has a heat input design 
capacity of 150 million Btu/hr or greater, such records to indicate the 
periods of operation of the boiler or process heater shall be 
maintained. The records must be readily available for inspection.
    (4) If an absorber is the final unit in a system:
    (i) A temperature monitoring device and a specific gravity 
monitoring device for the scrubber liquid shall be installed, or
    (ii) An organic monitoring device shall be installed at the outlet 
of the absorber.
    (5) If a condenser is the final unit in a system:
    (i) A temperature monitoring device shall be installed at the 
condenser exit (product side), or
    (ii) An organic monitoring device shall be installed at the outlet 
of the condenser.
    (6) If a carbon adsorber is the final unit in a system, an organic 
monitoring device shall be installed at the outlet of the carbon bed.
    (c) Owners or operators of control devices used to comply with the 
provisions of this subpart, except Sec. 60.562-1(a)(1)(i)(D), shall 
monitor these control devices to ensure that they are operated and 
maintained in conformance with their designs.
    (d) Owners or operators using a vent system that contains valves 
that could divert a vent stream from a control device used to comply 
with the provisions of this subpart shall do one or a combination of the 
following:
    (1) Install a flow indicator immediately downstream of each valve 
that if opened would allow a vent stream to bypass the control device 
and be emitted, either directly or indirectly, to the atmosphere. The 
flow indicator shall be capable of recording flow at least once every 
fifteen minutes.
    (2) Monitor the valves once a month, checking the position of the 
valves and the condition of the car seal, and identify all times when 
the car seals have been broken and the valve position has been changed 
(i.e., from opened to closed for valves in the vent piping to the 
control device and from closed to open for valves that allow the stream 
to be vented directly or indirectly to the atmosphere).
    (e) An owner or operator complying with the standards specified 
under Sec. 60.562-1, except Sec. 60.562-1(a)(1)(i)(D), with control 
devices other than an incinerator, boiler, process heater, flare, 
absorber, condenser, or carbon adsorber or by any other means shall 
provide to the Administrator information describing the operation of the 
control device and the process parameter(s) which would indicate proper 
operation and maintenance of the device. The Administrator may request 
further information and will specify appropriate monitoring procedures 
or requirements.

[55 FR 51035, Dec. 11, 1990; 56 FR 12299, Mar. 22, 1991]

[[Page 634]]



Sec. 60.564  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures 
specified in this section, except as provided under Sec. 60.8(b). 
Owners or operators complying with Sec. 60.562-1(a)(1)(i)(D) need not 
perform a performance test on the control device, provided the control 
device is not used to comply with any other requirement of Sec. 60.562-
1(a).
    (1) Whenever changes are made in production capacity, feedstock type 
or catalyst type, or whenever there is replacement, removal, or addition 
of a control device, each owner or operator shall conduct a performance 
test according to the procedures in this section as appropriate, in 
order to determine compliance with Sec. 60.562-1.
    (2) Where a boiler or process heater with a design heat input 
capacity of 150 million Btu/hour or greater is used, the requirement for 
an initial performance test is waived, in accordance with Sec. 60.8(b). 
However, the Administrator reserves the option to require testing at 
such other times as may be required, as provided for in Sec. 114 of the 
Act.
    (3) The owner or operator shall determine the average organic 
concentration for each performance test run using the equipment 
described in Sec. 60.563(a)(4). The average organic concentration shall 
be determined from measurements taken at least every 15 minutes during 
each performance test run. The average of the three runs shall be the 
base value for the monitoring program.
    (4) When an absorber is the final unit in the system, the owner or 
operator shall determine the average specific gravity for each 
performance test run using specific gravity monitoring equipment 
described in Sec. 60.563(a)(5). An average specific gravity shall be 
determined from measurements taken at least every 15 minutes during each 
performance test run. The average of the three runs shall be the base 
value for the monitoring program.
    (5) When a condenser is the final unit in the system, the owner or 
operator shall determine the average outlet temperature for each 
performance test run using the temperature monitoring equipment 
described in Sec. 60.563(a)(1). An average temperature shall be 
determined from measurements taken at least every 15 minutes during each 
performance test run while the vent stream is normally routed and 
constituted. The average of the three runs shall be the base value for 
the monitoring program.
    (b) The owner or operator shall determine compliance with the 
emission concentration standard in Sec. 60.562-1 (a)(1)(i)(A) or 
(b)(1)(iii) if applicable [if not, see paragraph (c) of this section] as 
follows:
    (1) The TOC concentration is the sum of the individual components 
and shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.072

where:

CTOC = Concentration of TOC (minus methane and ethane), dry 
basis, ppmv.
Cj = the concentration of sample component j, ppm.
n = Number of components in the sample.

    (i) Method 18 shall be used to determine the concentration of each 
individual organic component (Cj) in the gas stream. Method 1 
or 1A, as appropriate, shall be used to determine the sampling site at 
the outlet of the control device. Method 4 shall be used to determine 
the moisture content, if necessary.
    (ii) The sampling time for each run shall be 1 hour in which either 
an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at 15 minute 
intervals.
    (2) If supplemental combustion air is used, the TOC concentration 
shall be corrected to 3 percent oxygen and shall be computed using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.073

where:

CCORR =  Concentration of TOC corrected to 3 percent oxygen, 
dry basis, ppm by volume.

[[Page 635]]

CMEAS = Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume, as calculated in paragraph (b)(1) of this section.
%O2d = Concentration of O2, dry basis, percent by 
volume.


The emission rate correction factor, integrated sampling and analysis 
procedure of Method 3 shall be used to determine the oxygen 
concentration (%O2d). The sampling site shall be the same as 
that of the TOC sample and the samples shall be taken during the same 
time that the TOC samples are taken.
    (c) If paragraph (b) of this section is not applicable, then the 
owner or operator shall determine compliance with the percent emission 
reduction standard in Sec. 60.562-1 (a)(1)(i)(A) or (b)(1)(iii) as 
follows:
    (1) The emission reduction of TOC (minus methane and ethane) shall 
be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.075

where:

P = Percent emission reduction, by weight.
Einlet = Mass rate of TOC entering the control device, kg 
TOC/hr (lb TOC/hr).
Eoutlet = Mass rate of TOC, discharged to the atmosphere, kg 
TOC/hr (lb TOC/hr).

    (2) The mass rates of TOC (Ei, Eo) shall be 
computed using the following equations:
[GRAPHIC] [TIFF OMITTED] TC16NO91.076

[GRAPHIC] [TIFF OMITTED] TC16NO91.074

where:

Cij,Coj = Concentration of sample component ``j'' 
of the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, ppmv.
Mij,Moj = Molecular weight of sample component 
``j'' of the gas stream at the inlet and outlet of the control device 
respectively, g/g-mole (lb/lb-mole).
Qi,Qo = Flow rate of the gas stream at the inlet 
and outlet of the control device, respectively, dscm/hr (dscf/hr).
K1 = 4.157 x 10-8 [(kg)/g-mole)]/[(g)(ppm)(dscm)] 
{5.711x10-15 [(lb)/(lb-mole)]/(lb)(ppm)(dscf)]{time} 

    (i) Method 18 shall be used to determine the concentration of each 
individual organic component (Cij, Coj) in the gas 
stream. Method 1 or 1A, as appropriate, shall be used to determine the 
inlet and outlet sampling sites. The inlet site shall be before the 
inlet of the control device and after all product recovery units.
    (ii) Method 2, 2A, 2C, or 2D, as appropriate, shall be used to 
determine the volumetric flow rates (Qi, Qo). If 
necessary, Method 4 shall be used to determine the moisture content. 
Both determinations shall be compatible with the Method 18 
determinations.
    (iii) Inlet and outlet samples shall be taken simultaneously. The 
sampling time for each run shall be 1 hour in which either an integrated 
sample or four grab samples shall be taken. If grab sampling is used, 
then the samples shall be taken at 15 minute intervals.
    (d) An owner or operator shall determine compliance with the 
individual stream exemptions in Sec. 60.560(g) and the procedures 
specified in table 3 for compliance with Sec. 60.562-1(a)(1) as 
identified in paragraphs (d)(1) and (2) of this section. An owner or 
operator using the procedures specified in Sec. 60.562-1(a)(1) for 
determining which continuous process emissions are to be controlled may 
use calculations demonstrated to be sufficiently accurate as to preclude 
the necessity of actual testing for purposes of calculating the 
uncontrolled annual emissions and weight percent of TOC. Owners or 
operators seeking to exempt streams under Sec. 60.560(g) must use the 
appropriate test procedures specified in this section.
    (1) The uncontrolled annual emissions of the individual vent stream 
shall be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.020

Where:

Eunc = uncontrolled annual emissions, Mg/yr (ton/yr)
Cj = concentration of sample component j of the gas stream, 
dry basis, ppmv

[[Page 636]]

Mj = molecular weight of sample component j of the gas 
stream, g/g-mole (lb/lb-mole)
Q = flow rate of the gas stream, dscm/hr (dscf/hr)
K2 = 4.157 x 10-11 [(Mg)(g-mole)]/[(g)(ppm)(dscm)] 
(metric units)
= 1.298 x 10-12 [(ton)(lb-mole)]/[(lb)(ppm)(dscf)] (English 
units)
8,600 = operating hours per year

    (i) Method 18 shall be used to determine the concentration of each 
individual organic component (Cj) in the gas stream. Method 1 
or 1A, as appropriate, shall be used to determine the sampling site. If 
the gas stream is controlled in an existing control device, the sampling 
site shall be before the inlet of the control device and after all 
product recovery units.
    (ii) Method 2, 2A, 2C, or 2D, as appropriate, shall be used to 
determine the volumetric flow rate (Q). If necessary, Method 4 shall be 
used to determine the moisture content. Both determinations shall be 
compatible with the Method 18 determinations.
    (iii) The sampling time for each run shall be 1 hour in which either 
an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at 15 minute 
intervals.
    (2) The weight percent VOC of the uncontrolled individual vent 
stream shall be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.078

where:

Cj=concentration of sample TOC component ``j'' of the gas 
stream, dry basis, ppmv.
Mj=Molecular weight of sample TOC component ``j'' of the gas 
stream, g/g-mole (1b/1b-mole).
MWgas=Average molecular weight of the entire gas stream, g/g-
mole (1b/1b-mole).

    (i) Method 18 shall be used to determine the concentration of each 
individual organic component (Cj) in the gas stream. Method 1 
or 1A, as appropriate, shall be used to determine the sampling site. If 
the gas stream is controlled in an existing control device, the sampling 
site shall be before the inlet of the control device and after all 
product recovery units. If necessary, Method 4 shall be used to 
determine the moisture content. This determination shall be compatible 
with the Method 18 determinations.
    (ii) The average molecular weight of the gas stream shall be 
determined using methods approved by the Administrator. If the carrier 
component of the gas stream is nitrogen, then an average molecular 
weight of 28 g/g-mole (lb/lb-mole) may be used in lieu of testing. If 
the carrier component of the gas stream is air, then an average 
molecular weight of 29 g/g-mole (lb/lb-mole) may be used in lieu of 
testing.
    (iii) The sampling time for each run shall be 1 hour in which either 
an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at 15 minute 
intervals.
    (e) The owner or operator shall determine compliance of flares with 
the visible emission and flare provisions in Sec. 60.562-1 as follows:
    (1) Method 22 shall be used to determine visible emissions. The 
observation period for each run shall be 2 hours.
    (2) The monitoring device of Sec. 60.563(b)(2) shall be used to 
determine whether a flame is present.
    (f) The owner or operator shall determine compliance with the net 
heating value provisions in Sec. 60.18 as referenced by Sec. 60.562-
1(a)(1)(i)(C). The net heating value of the process vent stream being 
combusted in a flare shall be computed as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.021

Where:

HT = Vent stream net heating value, MJ/scm (Btu/scf), where 
the net enthalpy per mole of offgas is based on combustion at 25 [deg]C 
and 760 mm Hg (68 [deg]F and 30 in. Hg), but the standard temperature 
for determining the volume corresponding to one mole is 20 [deg]C (68 
[deg]F).
K3 = 1.74 x 10-7 (1/ppm)(g-mole/scm)(MJ/kcal) 
(metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
= 4.67 x 10-6 (1/ppm)(lb-mole/scf)(Btu/kcal) (English units) 
where standard temperature for (lb/mole/scf) is 68 [deg]F.
Cj = Concentration on a wet basis of compound j in ppm.

[[Page 637]]

Hj = Net heat of combustion of compound j, kcal/(g-mole) 
(kcal/(lb-mole)), based on combustion at 25 [deg]C and 760 mm Hg (77 
[deg]F and 30 in. Hg).

    (1) Method 18 shall be used to determine the concentration of each 
individual organic component (Cj) in the gas stream. Method 1 
or 1A, as appropriate, shall be used to determine the sampling site to 
the inlet of the flare. Using this same sample, ASTM D1946-77 or 90 
(Reapproved 1994) (incorporated by reference--see Sec. 60.17) shall be 
used to determine the hydrogen and carbon monoxide content.
    (2) The sampling time for each run shall be 1 hour in which either 
an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at 15 minute 
intervals.
    (3) Published or calculated values shall be used for the net heats 
of combustion of the sample components. If values are not published or 
cannot be calculated, ASTM D2382-76 or 88 or D4809-95 (incorporated by 
reference--see Sec. 60.17) may be used to determine the net heat of 
combustion of component ``j.''
    (g) The owner or operator shall determine compliance with the exit 
velocity provisions in Sec. 60.18 as referenced by Sec. 60.562-
1(a)(1)(i)(C) as follows:
    (1) If applicable, the net heating value (HT) of the 
process vent shall be determined according to the procedures in 
paragraph (f) of this section to determine the applicable velocity 
requirements.
    (2) If applicable, the maximum permitted velocity (Vmax) 
for steam-assisted and nonassisted flares shall be computed using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.022

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec)
K4 = 28.8 (metric units), 1212 (English units)
K5 = 31.7 (metric units), 850.8 (English units)
HT = The net heating value as determined in paragraph (f) of 
this section, MJ/scm (Btu/scf).

    (3) The maximum permitted velocity, Vmax, for air-
assisted flares shall be determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.023

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec).
K6 = 8.706 m/sec (metric units)
     = 28.56 ft/sec (English units)
K7 = 0.7084 [(m/sec)/MJ/scm)] (metric units)
     = 0.00245 [(ft/sec)/Btu/scf)] (English units)
HT = The net heating value as determined in paragraph (f) of 
this section, MJ/scm (Btu/scf).

    (4) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Method 2, 2A, 2C, or 2D as appropriate, by 
the unobstructed (free) cross sectional area of the flare tip.
    (h) The owner or operator shall determine compliance with the mass 
emission per mass product standards in Sec. Sec. 60.560(d) and (e) and 
in Sec. Sec. 60.562-1(b)(1)(i), (c)(1)(i)(A), (c)(1)(ii)(A), (c)(2)(i), 
and (c)(2)(ii)(A).
    (1) The emission rate of TOC shall be computed using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.024

Where:

ERTOC = Emission rate of total organic compounds (minus 
methane and ethane), kg TOC/Mg (lb TOC/ton) product
ETOC = Emission rate of total organic compounds (minus 
methane and ethane) in the sample, kg/hr (lb/hr)
Pp = The rate of polymer production, kg/hr (lb/hr)
K5 = 1,000 kg/Mg (metric units)
     = 2,000 lb/ton (English units)

    (2) The mass rate of TOC, ETOC, shall be determined 
according to the procedures, as appropriate, in paragraph (c)(2) of this 
section. The sampling site for determining compliance with Sec. Sec. 
60.560 (d) and (e) shall be before any add-on control devices and after 
all product recovery devices. Otherwise, the sampling site shall be at 
the outlet of the control device.
    (3) The rate of polymer production, Pp, shall be 
determined by dividing the weight of polymer pulled (in kg (lb)) from 
the process line during the performance test by the number of hours 
taken to perform the performance test. The weight of polymer pulled 
shall be determined by direct measurement or,

[[Page 638]]

subject to prior approval by the Administrator, computed from materials 
balance by good engineering practice.
    (i) The owner or operator shall determine continuous compliance with 
the temperature requirements in Sec. Sec. 60.562-1(b)(1)(ii) and 
60.562-1(c)(1)(i)(B) by using the temperature monitoring equipment 
described in Sec. 60.563(a)(1). An average temperature shall be 
determined from measurements taken at least every 15 minutes every three 
hours while the vent stream is normally routed and constituted. Each 
three-hour period constitutes a performance test.
    (j) For purposes of determining compliance with Sec. 60.562-1(c) 
(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), or (2)(ii)(C), the ethylene glycol 
concentration in either the cooling tower or the liquid effluent from 
steam-jet ejectors used to produce a vacuum in the polymerization 
reactors, whichever is applicable, shall be determined:
    (1) Using procedures that conform to the methods described in ASTM 
D2908-74 or 91, ``Standard Practice for Measuring Volatile Organic 
Matter in Water by Aqueous-Injection Gas Chromatography'' (incorporated 
by reference--see Sec. 60.17), except as provided in paragraph (j)(2) 
of this section:
    (i) At least one sample per operating day shall be collected using 
the grab sampling procedures of ASTM D3370-76 or 96a, ``Standard 
Practices for Sampling Water'' (incorporated by reference--see Sec. 
60.17). An average ethylene glycol concentration by weight shall be 
calculated on a daily basis over a rolling 14-day period of operating 
days, except as provided in paragraphs (j)(1) (ii) and (iii) of this 
section. Each daily average ethylene glycol concentration so calculated 
constitutes a performance test. Exceedance of the standard during the 
reduced testing program specified in paragraphs (j)(1) (ii) and (iii) of 
this section is a violation of these standards.
    (ii) For those determining compliance with Sec. 60.562-1(c) 
(1)(ii)(B) or (2)(ii)(B), the owner or operator may elect to reduce the 
sampling program to any 14 consecutive day period once every two 
calendar months, if at least seventeen consecutive 14-day rolling 
average concentrations immediately preceding the reduced sampling 
program are each less than 0.10 weight percent ethylene glycol. If the 
average concentration obtained over the 14 day sampling during the 
reduced testing period exceeds the upper 95 percent confidence interval 
calculated from the most recent test results in which no one 14-day 
average exceeded 0.10 weight percent ethylene glycol, then the owner or 
operator shall reinstitute a daily sampling program. A reduced sampling 
program can be reinstituted if the requirements specified in this 
paragraph are met.
    (iii) For those determining compliance with Sec. 60.562-
1(c)(1)(ii)(C) or (c)(2)(ii)(C), the owner or operator may elect to 
reduce the sampling program to any 14 consecutive day period once every 
two calendar months, if at least seventeen consecutive 14-day rolling 
average concentrations immediately preceding the reduced sampling 
program are each less than 1.8 weight percent ethylene glycol. If the 
average concentration obtained over the 14 day sampling during the 
reduced test period exceeds the upper 95 percent confidence interval 
calculated from the most recent test results in which no one 14-day 
average exceeded 1.8 weight percent ethylene glycol, then the owner or 
operator shall reinstitute a daily sampling program. A reduced program 
can be reinstituted if the requirements specified in this paragraph are 
met.
    (iv) The upper 95 percent confidence interval shall be calculated 
using the equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.025

Where:

Xi = daily ethylene glycol concentration for each day used to 
calculate the 14-day rolling average used in test results to justify 
implementing the reduced testing program.
n = number of ethylene glycol concentrations.

    (2) Measuring an alternative parameter, such as carbon oxygen demand 
or biological oxygen demand, that is demonstrated to be directly 
proportional to

[[Page 639]]

the ethylene glycol concentration. Such parameter shall be measured 
during the initial 14-day performance test during which the facility is 
shown to be in compliance with the ethylene glycol concentration 
standard whereby the ethylene glycol concentration is determined using 
the procedures described in paragraph (j)(1) of this section. The 
alternative parameter shall be measured on a daily basis and the average 
value of the alternative parameter shall be calculated on a daily basis 
over a rolling 14-day period of operating days. Each daily average value 
of the alternative parameter constitutes a performance test.

[55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, 1991, as amended at 56 
FR 12299, Mar. 22, 1991; 64 FR 11541, Mar. 9, 1999; 65 FR 61767, Oct. 
17, 2000]



Sec. 60.565  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall keep an up-to-date, readily-accessible record of the following 
information measured during each performance test, and shall include the 
following information in the report of the initial performance test in 
addition to the written results of such performance tests as required 
under Sec. 60.8. Where a control device is used to comply with Sec. 
60.562-1(a)(1)(i)(D) only, a report containing performance test data 
need not be submitted, but a report containing the information in Sec. 
60.565(a)(11) is required. Where a boiler or process heater with a 
design heat input capacity of 150 million Btu/hour or greater is used to 
comply with Sec. 60.562-1(a), a report containing performance test data 
need not be submitted, but a report containing the information in Sec. 
60.565(a)(2)(i) is required. The same information specified in this 
section shall be submitted in the reports of all subsequently required 
performance tests where either the emission control efficiency of a 
combustion device or the outlet concentration of TOC (minus methane and 
ethane) is determined.
    (1) When an incinerator is used to demonstrate compliance with Sec. 
60.562-1, except Sec. 60.562-1(a)(2):
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed), 
measured at least every 15 minutes and averaged over the performance 
test period, and
    (ii) The percent reduction of TOC (minus methane and ethane) 
achieved by the incinerator, the concentration of TOC (minus methane and 
ethane) (ppmv, by compound) at the outlet of the control device on a dry 
basis, or the emission rate in terms of kg TOC (minus methane and 
ethane) per Mg (lb TOC/ton) of product at the outlet of the control 
device, whichever is appropriate. If supplemental combustion air is 
used, the TOC concentration corrected to 3 percent oxygen shall be 
recorded and reported.
    (2) When a boiler or process heater is used to demonstrate 
compliance with Sec. 60.562-1, except Sec. 60.562-1(a)(2):
    (i) A description of the location at which the vent stream is 
introduced into the boiler or process heater, and
    (ii) For boilers or process heaters with a design heat input 
capacity of less than 150 million Btu/hr, all 3-hour periods of 
operation during which the average combustion temperature was more than 
28 [deg]C (50 [deg]F) below the average combustion temperature during 
the most recent performance test at which compliance was determined.
    (3) When a flare is used to demonstrate compliance with Sec. 
60.562-1, except Sec. 60.562-1(a)(2):
    (i) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
performance test,
    (ii) Continuous records of the pilot flame heat-sensing monitoring, 
and
    (iii) Records of all periods of operations during which the pilot 
flame is absent.
    (4) When an incinerator, boiler, or process heater is used to 
demonstrate compliance with Sec. 60.562-1(a)(2), a description of the 
location at which the vent stream is introduced into the incinerator, 
boiler, or process heater.
    (5) When a flare is used to demonstrate compliance with Sec. 
60.562-1(a)(2):
    (i) All visible emission readings made during the performance test,
    (ii) Continuous records of the pilot flame heat-sensing monitoring, 
and

[[Page 640]]

    (iii) Records of all periods of operation during which the pilot 
flame is absent.
    (6) When an absorber is the final unit in a system to demonstrate 
compliance with Sec. 60.562-1, except Sec. 60.562-1(a)(2), the 
specific gravity (or alternative parameter that is a measure of the 
degree of absorbing liquid saturation, if approved by the 
Administrator), and average temperature, measured at least every 15 
minutes and averaged over the performance test period, of the absorbing 
liquid (both measured while the vent stream is normally routed and 
constituted).
    (7) When a condenser is the final unit in a system to demonstrate 
compliance with Sec. 60.562-1, except Sec. 60.562-1(a)(2), the average 
exit (product side) temperature, measured at least every 15 minutes and 
averaged over the performance test period while the vent stream is 
normally routed and constituted.
    (8) Daily measurement and daily average 14-day rolling average of 
the ethylene glycol concentration in the liquid effluent exiting the 
vacuum system servicing the polymerization reaction section, if an owner 
or operator is subject to Sec. 60.562-1(c) (1)(ii)(B) or (2)(ii)(B), or 
of the ethylene glycol concentration in the cooling water in the cooling 
tower, if subject to Sec. 60.562-1(c) (2)(ii)(C) or (2)(iii)(C).
    (9) When a carbon adsorber is the final unit in a system to 
demonstrate compliance with Sec. 60.562-1, except Sec. 60.562-1(a)(2): 
the concentration level or reading indicated by the organics monitoring 
device at the outlet of the adsorber, measured at least every 15 minutes 
and averaged over the performance test period while the vent stream is 
normally routed and constituted.
    (10) When an owner or operator seeks to comply with the requirements 
of this subpart by complying with the uncontrolled threshold emission 
rate cutoff provision in Sec. Sec. 60.560 (d) and (e) or with the 
individual stream exemptions in Sec. 60.560(g), each process operation 
variable (e.g., pressure, temperature, type of catalyst) that may result 
in an increase in the uncontrolled emission rate, if Sec. 60.560(d) or 
(e) is applicable, or in an increase in the uncontrolled annual 
emissions or the VOC weight percent, as appropriate, if Sec. 60.560(g) 
is applicable, should such operating variable be changed.
    (11) When an owner or operator uses a control device to comply with 
Sec. 60.562-1(a)(1)(i)(D) alone: all periods when the control device is 
not operating.
    (b)(1) Each owner or operator subject to the provisions of this 
subpart shall submit with the initial performance test or, if complying 
with Sec. 60.562-1(a)(1)(i)(D), as a separate report, an engineering 
report describing in detail the vent system used to vent each affected 
vent stream to a control device. This report shall include all valves 
and vent pipes that could vent the stream to the atmosphere, thereby 
bypassing the control device, and identify which valves are car-sealed 
opened and which valves are car-sealed closed.
    (2) If a vent system containing valves that could divert the 
emission stream away from the control device is used, each owner or 
operator subject to the provisions of this subpart shall keep for at 
least two years up-to-date, readily accessible continuous records of:
    (i) All periods when flow is indicated if flow indicators are 
installed under Sec. 69.563(d)(1).
    (ii) All times when maintenance is performed on car-sealed valves, 
when the car seal is broken, and when the valve position is changed 
(i.e., from open to closed for valves in the vent piping to the control 
device and from closed to open for valves that vent the stream directly 
or indirectly to the atmosphere bypassing the control device).
    (c) Where an incinerator is used to comply with Sec. 60.562-1, 
except Sec. Sec. 60.562(a)(1)(i)(D) and (a)(2), each owner or operator 
subject to the provisions of this subpart shall keep for at least 2 
years up-to-date, readily accessible continuous records of:
    (1) The temperature measurements specified under Sec. 60.563(b)(1).
    (2) Records of periods of operation during which the parameter 
boundaries established during the most recent performance test are 
exceeded. Periods of operation during which the parameter boundaries 
established during the most recent performance test are exceeded are 
defined as follows:

[[Page 641]]

    (i) For noncatalytic incinerators, all 3-hour periods of operation 
during which the average combustion temperature was more than 28 [deg]C 
(50 [deg]F) below the average combustion temperature during the most 
recent performance test at which compliance was demonstrated.
    (ii) For catalytic incinerators, all 3-hour periods of operation 
during which the average temperature of the vent stream immediately 
before the catalyst bed is more than 28 [deg]C (50 [deg]F) below the 
average temperature of the vent stream during the most recent 
performance test at which compliance was demonstrated. The owner or 
operator also shall record all 3-hour periods of operation during which 
the average temperature difference across the catalyst bed is less than 
80 percent of the average temperature difference across the catalyst bed 
during the most recent performance test at which compliance was 
demonstrated.
    (d) Where a boiler or process heater is used to comply with Sec. 
60.562-1, except Sec. Sec. 60.562-1 (a)(1)(i)(D) and (a)(2), each owner 
or operator subject to the provisions of this subpart shall keep for at 
least 2 years up-to-date, readily accessible continuous records of:
    (1) Where a boiler or process heater with a heat input design 
capacity of 150 million Btu/hr or greater is used, all periods of 
operation of the boiler or process heater. (Examples of such records 
could include records of steam use, fuel use, or monitoring data 
collected pursuant to other State or Federal regulatory requirements), 
and
    (2) Where a boiler or process heater with a heat input design 
capacity of less than 150 million Btu/hr is used, all periods of 
operation during which the parameter boundaries established during the 
most recent performance test are exceeded. Periods of operation during 
which the parameter boundaries established during the most recent 
performance test are exceeded are defined as all 3-hour periods of 
operation during which the average combustion temperature was more than 
28 [deg]C (50 [deg]F) below the average combustion temperature during 
the most recent performance test at which compliance was demonstrated.
    (e) Where a flare is used to comply with Sec. 60.562-1, except 
Sec. 60.562-1(a)(1)(i)(D), each owner or operator subject to the 
provisions of this subpart shall keep for at least 2 years up-to-date, 
readily accessible continuous records of:
    (1) The flare or pilot light flame heat sensing monitoring specified 
under Sec. 60.563(b)(2), and
    (2) All periods of operation in which the flare or pilot flame, as 
appropriate, is absent.
    (f) Where an adsorber, condenser, absorber, or a control device 
other than a flare, incinerator, boiler, or process heater is used to 
comply with Sec. 60.562-1, except Sec. 60.562-1(a)(1)(i)(D), each 
owner or operator subject to the provisions of this subpart shall keep 
for at least 2 years up-to-date, readily-accessible continuous records 
of the periods of operation during which the parameter boundaries 
established during the most recent performance test are exceeded. Where 
an owner or operator seeks to comply with Sec. 60.562-1, periods of 
operation during which the parameter boundaries established during the 
most recent performance tests are exceeded are defined as follows:
    (1) Where an absorber is the final unit in a system:
    (i) All 3-hour periods of operation during which the average 
absorbing liquid temperature was more than 11 [deg]C (20 [deg]F) above 
the average absorbing liquid temperature during the most recent 
performance test at which compliance was demonstrated, and
    (ii) All 3-hour periods of operation during which the average 
absorbing liquid specific gravity was more than 0.1 unit above, or more 
than 0.1 unit below, the average absorbing liquid specific gravity 
during the most recent performance test at which compliance was 
demonstrated (unless monitoring of an alternative parameter that is a 
measure of the degree of absorbing liquid saturation is approved by the 
Administrator, in which case he or she will define appropriate parameter 
boundaries and periods of operation during which they are exceeded).
    (2) Where a condenser is the final unit in a system, all 3-hour 
periods of operation during which the average condenser operating 
temperature was

[[Page 642]]

more than 6 [deg]C (10 [deg]F) above the average operating temperature 
during the most recent performance test at which compliance was 
demonstrated.
    (3) Where a carbon adsorber is the final unit in a system, all 3-
hour periods of operation during which the average organic concentration 
level in the carbon adsorber gases is more than 20 percent greater than 
the exhaust gas concentration level or reading measured by the organics 
monitoring system during the most recent performance test at which 
compliance was demonstrated.
    (g) Each owner or operator of an affected facility subject to the 
provisions of this subpart and seeking to demonstrate compliance with 
Sec. 60.560(j) or Sec. 60.562-1 shall keep up-to-date, readily 
accessible records of:
    (1) Any changes in production capacity, feedstock type, or catalyst 
type, or of any replacement, removal or addition of product recovery 
equipment; and
    (2) The results of any performance test performed pursuant to the 
procedures specified by Sec. 60.564.
    (h) Each owner or operator of an affected facility that seeks to 
comply with the requirements of this subpart by complying with the 
uncontrolled threshold emission rate cutoff provision in Sec. Sec. 
60.560 (d) and (e) or with the individual stream exemptions in Sec. 
60.560(g) shall keep for at least 2 years up-to-date, readily accessible 
records of any change in process operation that increases the 
uncontrolled emission rate of the process line in which the affected 
facility is located, if Sec. 60.560 (d) or (e) is applicable, or that 
increases the uncontrolled annual emissions or the VOC weight percent of 
the individual stream, if Sec. 60.560(g) is applicable.
    (i) Each owner and operator subject to the provisions of this 
subpart is exempt from Sec. 60.7(c) of the General Provisions.
    (j) The Administrator will specify appropriate reporting and 
recordkeeping requirements where the owner or operator of an affected 
facility complies with the standards specified under Sec. 60.562-1 
other than as provided under Sec. 60.565 (a) through (e).
    (k) Each owner or operator that seeks to comply with the 
requirements of this subpart by complying with the uncontrolled 
threshold emission rate cutoff provision of Sec. Sec. 60.560 (d) and 
(e), the individual stream exemptions of Sec. 60.560(g), or the 
requirements of Sec. 60.562-1 shall submit to the Administrator 
semiannual reports of the following recorded information, as applicable. 
The initial report shall be submitted within 6 months after the initial 
start-up date.
    (1) Exceedances of monitored parameters recorded under Sec. Sec. 
60.565 (c), (d)(2), and (f).
    (2) All periods recorded under Sec. 60.565(b) when the vent stream 
has been diverted from the control device.
    (3) All periods recorded under Sec. 60.565(d) when the boiler or 
process heater was not operating.
    (4) All periods recorded under Sec. 60.565(e) in which the flare or 
pilot flame was absent.
    (5) All periods recorded under Sec. 60.565(a)(8) when the 14-day 
rolling average exceeded the standard specified in Sec. 60.562-1(c) 
(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), or (2)(ii)(C), as applicable.
    (6) Any change in process operations that increases the uncontrolled 
emission rate of the process line in which the affected facility is 
located, as recorded in Sec. 60.565(h).
    (7) Any change in process operations that increases the uncontrolled 
annual emissions or the VOC weight percent of the individual stream, as 
recorded in Sec. 60.565(h).
    (l) Each owner or operator subject to the provisions of this subpart 
shall notify the Administrator of the specific provisions of Sec. 
60.562, Sec. 60.560(d), or Sec. 60.560(e), as applicable, with which 
the owner or operator has elected to comply. Notification shall be 
submitted with the notification of initial startup required by Sec. 
60.7(a)(3). If an owner or operator elects at a later date to use an 
alternative provision of Sec. 60.562 with which he or she will comply 
or becomes subject to Sec. 60.562 for the first time (i.e., the owner 
or operator can no longer meet the requirements of this subpart by 
complying with the uncontrolled threshold emission rate cutoff provision 
in Sec. 60.560 (d) or (e)), then the

[[Page 643]]

owner or operator shall notify the Administrator 90 days before 
implementing a change and, upon implementing a change, a performance 
test shall be performed as specified in Sec. 60.564.
    (m) The requirements of this subsection remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves alternative reporting requirements or means 
of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with this subsection, provided that they comply with the 
requirements established by the State.

[55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, 1991, as amended at 56 
FR 12299, Mar. 22, 1991; 65 FR 61768, Oct. 17, 2000; 65 FR 78278, Dec. 
14, 2000]



Sec. 60.566  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authority contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authority which will not be delegated to States: Sec. 60.562-
2(c).

Subpart EEE [Reserved]



  Subpart FFF_Standards of Performance for Flexible Vinyl and Urethane 
                          Coating and Printing

    Source: 49 FR 26892, June 29, 1984, unless otherwise noted.



Sec. 60.580  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each rotogravure printing line used to print or coat flexible 
vinyl or urethane products.
    (b) This subpart applies to any affected facility which begins 
construction, modification, or reconstruction after January 18, 1983.
    (c) For facilities controlled by a solvent recovery emission control 
device, the provisions of Sec. 60.584(a) requiring monitoring of 
operations will not apply until EPA has promulgated performance 
specifications under appendix B for the continuous monitoring system. 
After the promulgation of performance specifications, these provisions 
will apply to each affected facility under paragraph (b) of this 
section. Facilities controlled by a solvent recovery emission control 
device that become subject to the standard prior to promulgation of 
performance specifications must conduct performance tests in accordance 
with Sec. 60.13(b) after performance specifications are promulgated.



Sec. 60.581  Definitions and symbols.

    (a) All terms used in this subpart, not defined below, are given the 
same meaning as in the Act or in subpart A of this part.
    Emission control device means any solvent recovery or solvent 
destruction device used to control volatile organic compounds (VOC) 
emissions from flexible vinyl and urethane rotogravure printing lines.
    Emission control system means the combination of an emission control 
device and a vapor capture system for the purpose of reducing VOC 
emissions from flexible vinyl and urethane rotogravure printing lines.
    Flexible vinyl and urethane products mean those products, except for 
resilient floor coverings (1977 Standard Industry Code 3996) and 
flexible packaging, that are more than 50 micrometers (0.002 inches) 
thick, and that consist of or contain a vinyl or urethane sheet or a 
vinyl or urethane coated web.
    Gravure cylinder means a plated cylinder with a printing image 
consisting of minute cells or indentations, specifically engraved or 
etched into the cylinder's surface to hold ink when continuously 
revolved through a fountain of ink.
    Ink means any mixture of ink, coating solids, organic solvents 
including dilution solvent, and water that is applied to the web of 
flexible vinyl or urethane on a rotogravure printing line.
    Ink solids means the solids content of an ink as determined by 
Method 24, ink

[[Page 644]]

manufacturer's formulation data, or plant blending records.
    Inventory system means a method of physically accounting for the 
quantity of ink, solvent, and solids used at one or more affected 
facilities during a time period. The system is based on plant purchase 
or inventory records.
    Plant blending records means those records which document the weight 
fraction of organic solvents and solids used in the formulation or 
preparation of inks at the vinyl or urethane printing plant where they 
are used.
    Rotogravure print station means any device designed to print or coat 
inks on one side of a continuous web or substrate using the intaglio 
printing process with a gravure cylinder.
    Rotogravure printing line means any number of rotogravure print 
stations and associated dryers capable of printing or coating 
simultaneously on the same continuous vinyl or urethane web or 
substrate, which is fed from a continuous roll.
    Vapor capture system means any device or combination of devices 
designed to contain, collect, and route organic solvent vapors emitted 
from the flexible vinyl or urethane rotogravure printing line.
    (b) All symbols used in this subpart not defined below are given the 
same meaning as in the Act or in subpart A of this part.

a=the gas stream vents exiting the emission control device.
bthe gas stream vents entering the emission control device.
fthe gas stream vents which are not directed to an emission control 
device.
Caj=the concentration of VOC in each gas stream (j) for the 
time period exiting the emission control device, in parts per million by 
volume.
Cbi=the concentration of VOC in each gas stream (i) for the 
time period entering the emission control device, in parts per million 
by volume.
Cfk=the concentration of VOC in each gas stream (k) for the 
time period which is not directed to an emission control device, in 
parts per million by volume.
Gthe weighted average mass of VOC per mass of ink solids applied, in 
kilograms per kilogram.
Mci=the total mass of each ink (i) applied in the time period 
as determined from plant records, in kilograms.
Mdj=the total mass of each dilution solvent (j) added at the 
print line in the time period determined from plant records, in 
kilograms.
Qaj=the volumetric flow rate of each effluent gas stream (j) 
exiting the emission control device, in standard cubic meters per hour.
Qbi=the volumetric flow rate of each effluent gas stream (i) 
entering the emission control device, in standard cubic meters per hour.
Qfk=the volumetric flow rate of each effluent gas stream (k) 
not directed to an emission control device, in standard cubic meters per 
hour.
Ethe VOC emission reduction efficiency (as a fraction) of the emission 
control device during performance testing.
Fthe VOC emission capture efficiency (as a fraction) of the vapor 
capture system during performance testing.
Woi=the weight fraction of VOC in each ink (i) used in the 
time period as determined from Method 24, manufacturer's formulation 
data, or plant blending records, in kilograms per kilogram.
Wsi''means the weight fraction of solids in each ink (i) used 
in the time period as determined from Method 24, manufacturer's 
formulation data, or plant blending records, in kilograms per kilogram.
Woj=the weight fraction of VOC in each dilution solvent (j) 
added at the print line in the time period determined from Method 24, 
manufacturer's formulation data, or plant blending records, in kilograms 
per kilogram.

[49 FR 26892, June 29, 1984; 49 FR 32848, Aug. 17, 1984, as amended at 
65 FR 61768, Oct. 17, 2000]



Sec. 60.582  Standard for volatile organic compounds.

    (a) On and after the date on which the performance test required by 
Sec. 60.8 has been completed, each owner or operator subject to this 
subpart shall either:
    (1) Use inks with a weighted average VOC content less than 1.0 
kilogram VOC per kilogram ink solids at each affected facility, or
    (2) Reduce VOC emissions to the atmosphere by 85 percent from each 
affected facility.
    (b) [Reserved]



Sec. 60.583  Test methods and procedures.

    (a) Methods in appendix A of this part, except as provided under 
Sec. 60.8(b), shall be used to determine compliance with Sec. 
60.582(a) as follows:
    (1) Method 24 for analysis of inks. If nonphotochemically reactive 
solvents are used in the inks, standard gas

[[Page 645]]

chromatographic techniques may be used to identify and quantify these 
solvents. The results of Method 24 may be adjusted to subtract these 
solvents from the measured VOC content.
    (2) Method 25A for VOC concentration (the calibration gas shall be 
propane);
    (3) Method 1 for sample and velocity traverses;
    (4) Method 2 for velocity and volumetric flow rates;
    (5) Method 3 for gas analysis;
    (6) Method 4 for stack gas moisture.
    (b) To demonstrate compliance with Sec. 60.582(a)(1), the owner or 
operator of an affected facility shall determine the weighted average 
VOC content of the inks according to the following procedures:
    (1) Determine and record the VOC content and amount of each ink used 
at the print head, including the VOC content and amount of diluent 
solvent, for any time periods when VOC emission control equipment is not 
used.
    (2) Compute the weighted average VOC content by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.050

    (3) The weighted average VOC content of the inks shall be calculated 
over a period that does not exceed one calendar month, or four 
consecutive weeks. A facility that uses an accounting system based on 
quarters consisting of two 28 calendar day periods and one 35 calendar 
day period may use an averaging period of 35 calendar days four times 
per year, provided the use of such an accounting system is documented in 
the initial performance test.
    (4) Each determination of the weighted average VOC content shall 
constitute a performance test for any period when VOC emission control 
equipment is not used. Results of the initial performance test must be 
reported to the Administrator. Method 24 or ink manufacturers' 
formulation data along with plant blending records (if plant blending is 
done) may be used to determine VOC content. The Administrator may 
require the use of Method 24 if there is a question concerning the 
accuracy of the ink manufacturer's data or plant blending records.
    (5) If, during the time periods when emission control equipment is 
not used, all inks used contain less than 1.0 kilogram VOC per kilogram 
ink solids, the owner or operator is not required to calculate the 
weighted average VOC content, but must verify and record the VOC content 
of each ink (including any added dilution solvent) used as determined by 
Method 24, ink manufacturers' formulation data, or plant blending 
records.
    (c) To demonstrate compliance with Sec. 60.582(a)(1), the owner or 
operator may determine the weighted average VOC content using an 
inventory system.
    (1) The inventory system shall accurately account to the nearest 
kilogram for the VOC content of all inks and dilution solvent used, 
recycled, and discarded for each affected facility during the averaging 
period. Separate records must be kept for each affected facility.
    (2) To determine VOC content of inks and dilution solvent used or 
recycled, Method 24 or ink manufacturers' formulation data must be used 
in combination with plant blending records (if plant blending is done) 
or inventory records or purchase records for new inks or dilution 
solvent.
    (3) For inks to be discarded, only Method 24 shall be used to 
determine the VOC content. Inks to be discarded may be combined prior to 
measurement of volume or weight and testing by Method 24.
    (4) The Administrator may require the use of Method 24 if there is a 
question concerning the accuracy of the ink manufacturer's data or plant 
records.

[[Page 646]]

    (5) The Administrator shall approve the inventory system of 
accounting for VOC content prior to the initial performance test.
    (d) To demonstrate compliance with Sec. 60.582(a)(2), the owner or 
operator of an affected facility controlled by a solvent recovery 
emission control device or an incineration control device shall conduct 
a performance test to determine overall VOC emission control efficiency 
according to the following procedures:
    (1) The performance test shall consist of three runs. Each test run 
must last a minimum of 30 minutes and shall continue until the printing 
operation is interrupted or until 180 minutes of continuous operation 
occurs. During each test run, the print line shall be printing 
continuously and operating normally. The VOC emission reduction 
efficiency achieved for each test run is averaged over the entire test 
run period.
    (2) VOC concentration values at each site shall be measured 
simultaneously.
    (3) The volumetric flow rate shall be determined from one Method 2 
measurement for each test run conducted immediately prior to, during, or 
after that test run. Volumetric flow rates at each site do not need to 
be measured simultaneously.
    (4) In order to determine capture efficiency from an affected 
facility, all fugitive VOC emissions from the affected facility shall be 
captured and vented through stacks suitable for measurement. During a 
performance test, the owner or operator of an affected facility located 
in an area with other sources of VOC shall isolate the affected facility 
from other sources of VOC. These two requirements shall be accomplished 
using one of the following methods:
    (i) Build a permanent enclosure around the affected facility;
    (ii) Build a temporary enclosure around the affected facility and 
duplicate, to an extent that is reasonably feasible, the ventilation 
conditions that are in effect when the affected facility is not enclosed 
(one way to do this is to divide the room exhaust rate by the volume of 
the room and then duplicate that quotient or 20 air changes per hour, 
whichever is smaller, in the temporary enclosure); or
    (iii) Shut down all other sources of VOC and continue to exhaust 
fugitive emissions from the affected facility through any building 
ventilation system and other room exhausts such as print line ovens and 
embossers.
    (5) For each affected facility, compliance with Sec. 60.582(a)(2) 
has been demonstrated if the average value of the overall control 
efficiency (EF) for the three runs is equal to or greater than 85 
percent. An overall control efficiency is calculated for each run as 
follows:
    (i) For efficiency of the emission control device,
    [GRAPHIC] [TIFF OMITTED] TC01JN92.051
    
    (ii) For efficiency of the vapor capture system,
    [GRAPHIC] [TIFF OMITTED] TC01JN92.052
    

[49 FR 26892, June 29, 1984; 49 FR 32848, Aug. 17, 1984, as amended at 
65 FR 61768, Oct. 17, 2000]



Sec. 60.584  Monitoring of operations and recordkeeping requirements.

    (a) The owner or operator of an affected facility controlled by a 
solvent recovery emission control device shall install, calibrate, 
operate, and maintain a monitoring system which continuously measures 
and records the VOC concentration of the exhaust vent stream from the 
control device and shall comply with the following requirements:
    (1) The continuous monitoring system shall be installed in a 
location that is representative of the VOC concentration in the exhaust 
vent, at least two equivalent stack diameters from the exhaust point, 
and protected from interferences due to wind, weather, or other 
processes.

[[Page 647]]

    (2) During the performance test, the owner or operator shall 
determine and record the average exhaust vent VOC concentration in parts 
per million by volume. After the performance test, the owner or operator 
shall determine and, in addition to the record made by the continuous 
monitoring device, record the average exhaust vent VOC concentration for 
each 3-hour clock period of printing operation when the average 
concentration is greater than 50 ppm and more than 20 percent greater 
than the average concentration value demonstrated during the most recent 
performance test.
    (b) The owner or operator of an affected facility controlled by a 
thermal incineration emission control device shall install, calibrate, 
operate, and maintain a monitoring device that continuously measures and 
records the temperature of the control device exhaust gases and shall 
comply with the following requirements:
    (1) The continuous monitoring device shall be calibrated annually 
and have an accuracy of 0.75 percent of the 
temperature being measured, expressed in degrees Celsius, or 2.5 [deg]C, whichever is greater.
    (2) During the performance test, the owner or operator shall 
determine and record the average temperature of the control device 
exhaust gases. After the performance test, the owner or operator shall 
determine and record, in addition to the record made by the continuous 
monitoring device, the average temperature for each 3-hour clock period 
of printing operation when the average temperature of the exhaust gases 
is more than 28 [deg]C (50 [deg]F) below the average temperature 
demonstrated during the most recent performance test.
    (c) The owner or operator of an affected facility controlled by a 
catalytic incineration emission control device shall install, calibrate, 
operate, and maintain monitoring devices that continuously measure and 
record the gas temperatures both upstream and downstream of the catalyst 
bed and shall comply with the following requirements:
    (1) Each continuous monitoring device shall be calibrated annually 
and have an accuracy of 0.75 percent of the 
temperature being measured, expressed in degrees Celsius, or 2.5 [deg]C, whichever is greater.
    (2) During the performance test, the owner or operator shall 
determine and record the average gas temperature both upstream and 
downstream of the catalyst bed. After the performance test, the owner or 
operator shall determine and record, in addition to the record made by 
the continuous monitoring device, the average temperatures for each 3-
hour clock period of printing operation when the average temperature of 
the gas stream before the catalyst bed is more than 28 [deg]C below the 
average temperature demonstrated during the most recent performance test 
or the average temperature difference across the catalyst bed is less 
than 80 percent of the average temperature difference of the device 
during the most recent performance test.
    (d) The owner or operator of an affected facility shall record time 
periods of operation when an emission control device is not in use.

[49 FR 26892, June 29, 1984, as amended at 65 FR 61768, Oct. 17, 2000]



Sec. 60.585  Reporting requirements.

    (a) For all affected facilities subject to compliance with Sec. 
60.582, the performance test data and results from the performance test 
shall be submitted to the Administrator as specified in Sec. 60.8(a).
    (b) The owner or operator of each affected facility shall submit 
semiannual reports to the Administrator of occurrences of the following:
    (1) Exceedances of the weighted average VOC content specified in 
Sec. 60.582(a)(1);
    (2) Exceedances of the average value of the exhaust vent VOC 
concentration as defined under Sec. 60.584(a)(2);
    (3) Drops in the incinerator temperature as defined under Sec. 
60.584(b)(2); and
    (4) Drops in the average temperature of the gas stream immediately 
before the catalyst bed or drops in the average temperature across the 
catalyst bed as defined under Sec. 60.584(c)(2).
    (c) The reports required under paragraph (b) shall be postmarked 
within 30 days following the end of the second and fourth calendar 
quarters.

[[Page 648]]

    (d) The requirements of this subsection remain in force until and 
unless the Agency, in delegating enforcement authority to a State under 
section 111(c) of the Act, approves reporting requirements or an 
alternative means of compliance surveillance adopted by such States. In 
that event, affected sources within the State will be relieved of the 
obligation to comply with this subsection, provided that they comply 
with requirements established by the State.



   Subpart GGG_Standards of Performance for Equipment Leaks of VOC in 
    Petroleum Refineries for which Construction, Reconstruction, or 
Modification Commenced After January 4, 1983, and on or Before November 
                                 7, 2006

    Source: 49 FR 22606, May 30, 1984, unless otherwise noted.



Sec. 60.590  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in petroleum refineries.
    (2) A compressor is an affected facility.
    (3) The group of all the equipment (defined in Sec. 60.591) within 
a process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 4, 
1983, and on or before November 7, 2006, is subject to the requirements 
of this subpart.
    (c) Addition or replacement of equipment (defined in Sec. 60.591) 
for the purpose of process improvement which is accomplished without a 
capital expenditure shall not by itself be considered a modification 
under this subpart.
    (d) Facilities subject to subpart VV, subpart VVa, or subpart KKK of 
this part are excluded from this subpart.
    (e) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec. 60.590 of this 
subpart until the EPA takes final action to require compliance and 
publishes a document in the Federal Register. While the definition of 
``process unit'' is stayed, owners or operators should use the following 
definition:
    Process unit means components assembled to produce intermediate or 
final products from petroleum, unfinished petroleum derivatives, or 
other intermediates; a process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient storage 
facilities for the product.

[49 FR 22606, May 30, 1984, as amended at 72 FR 64895, Nov. 16, 2007; 73 
FR 31376, June 2, 2008]



Sec. 60.591  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the act, in subpart A of part 60, or in subpart VV 
of part 60, and the following terms shall have the specific meanings 
given them.
    Alaskan North Slope means the approximately 69,000 square mile area 
extending from the Brooks Range to the Arctic Ocean.
    Asphalt (also known as Bitumen) is a black or dark brown solid or 
semi-solid thermo-plastic material possessing waterproofing and adhesive 
properties. It is a complex combination of higher molecular weight 
organic compounds containing a relatively high proportion of 
hydrocarbons having carbon numbers greater than C25 with a high carbon 
to hydrogen ratio. It is essentially non-volatile at ambient 
temperatures with closed cup flash point of 445 [deg]F (230 [deg]C) or 
greater.
    Equipment means each valve, pump, pressure relief device, sampling 
connection system, open-ended valve or line, and flange or other 
connector in VOC service. For the purposes of recordkeeping and 
reporting only, compressors are considered equipment.
    In hydrogen service means that a compressor contains a process fluid 
that meets the conditions specified in Sec. 60.593(b).
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.593(c).
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.

[[Page 649]]

    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through the distillation of petroleum, or through the 
redistillation, cracking, or reforming of unfinished petroleum 
derivatives.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce intermediate or final 
products from petroleum, unfinished petroleum derivatives, or other 
intermediates. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product. For the purpose of this subpart, process unit includes any 
feed, intermediate and final product storage vessels (except as 
specified in Sec. 60.482-1(g)), product transfer racks, and connected 
ducts and piping. A process unit includes all equipment as defined in 
this subpart.

[49 FR 22606, May 30, 1984, as amended at 72 FR 64895, Nov. 16, 2007]

    Effective Date Note: At 73 FR 31376, June 2, 2008, Sec. 60.591, the 
definition of ``process unit'' was stayed until further notice.



Sec. 60.592  Standards.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of Sec. Sec. 60.482-1 to 60.482-10 
as soon as practicable, but no later than 180 days after initial 
startup.
    (b) For a given process unit, an owner or operator may elect to 
comply with the requirements of paragraphs (b)(1), (2), or (3) of this 
section as an alternative to the requirements in Sec. 60.482-7.
    (1) Comply with Sec. 60.483-1.
    (2) Comply with Sec. 60.483-2.
    (3) Comply with the Phase III provisions in 40 CFR 63.168, except an 
owner or operator may elect to follow the provisions in Sec. 60.482-
7(f) instead of 40 CFR 63.168 for any valve that is designated as being 
leakless.
    (c) An owner or operator may apply to the Administrator for a 
determination of equivalency for any means of emission limitation that 
achieves a reduction in emissions of VOC at least equivalent to the 
reduction in emissions of VOC achieved by the controls required in this 
subpart. In doing so, the owner or operator shall comply with 
requirements of Sec. 60.484.
    (d) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions of Sec. 60.485 except as provided in 
Sec. 60.593.
    (e) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions of Sec. Sec. 60.486 and 60.487.

[49 FR 22606, May 30, 1984, as amended at 72 FR 64896, Nov. 16, 2007]



Sec. 60.593  Exceptions.

    (a) Each owner or operator subject to the provisions of this subpart 
may comply with the following exceptions to the provisions of subpart 
VV.
    (b)(1) Compressors in hydrogen service are exempt from the 
requirements of Sec. 60.592 if an owner or operator demonstrates that a 
compressor is in hydrogen service.
    (2) Each compressor is presumed not to be in hydrogen service unless 
an owner or operator demonstrates that the piece of equipment is in 
hydrogen service. For a piece of equipment to be considered in hydrogen 
service, it must be determined that the percent hydrogen content can be 
reasonably expected always to exceed 50 percent by volume. For purposes 
of determining the percent hydrogen content in the process fluid that is 
contained in or contacts a compressor, procedures that conform to the 
general method described in ASTM E260-73, 91, or 96, E168-67, 77, or 92, 
or E169-63, 77, or 93 (incorporated by reference as specified in Sec. 
60.17) shall be used.
    (3)(i) An owner or operator may use engineering judgment rather than 
procedures in paragraph (b)(2) of this section to demonstrate that the 
percent content exceeds 50 percent by volume, provided the engineering 
judgment demonstrates that the content clearly exceeds 50 percent by 
volume. When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, however, the 
procedures in paragraph (b)(2) shall be used to resolve the 
disagreement.
    (ii) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination

[[Page 650]]

can be revised only after following the procedures in paragraph (b)(2).
    (c) Any existing reciprocating compressor that becomes an affected 
facility under provisions of Sec. 60.14 or Sec. 60.15 is exempt from 
Sec. 60.482-3(a), (b), (c), (d), (e), and (h) provided the owner or 
operator demonstrates that recasting the distance piece or replacing the 
compressor are the only options available to bring the compressor into 
compliance with the provisions of Sec. 60.482-3(a), (b), (c), (d), (e), 
and (h).
    (d) An owner or operator may use the following provision in addition 
to Sec. 60.485(e): Equipment is in light liquid service if the percent 
evaporated is greater than 10 percent at 150 [deg]C as determined by 
ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by reference as 
specified in Sec. 60.17).
    (e) Pumps in light liquid service and valves in gas/vapor and light 
liquid service within a process unit that is located in the Alaskan 
North Slope are exempt from the requirements of Sec. 60.482-2 and Sec. 
60.482-7.
    (f) Open-ended valves or lines containing asphalt as defined in 
Sec. 60.591 are exempt from the requirements of Sec. 60.482-6(a) 
through (c).

[49 FR 22606, May 30, 1984, as amended at 65 FR 61768, Oct. 17, 2000; 72 
FR 64896, Nov. 16, 2007]



  Subpart GGGa_Standards of Performance for Equipment Leaks of VOC in 
    Petroleum Refineries for Which Construction, Reconstruction, or 
              Modification Commenced After November 7, 2006

    Source: 72 FR 64896, Nov. 16, 2007, unless otherwise noted.



Sec. 60.590a  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in petroleum refineries.
    (2) A compressor is an affected facility.
    (3) The group of all the equipment (defined in Sec. 60.591a) within 
a process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after November 
7, 2006, is subject to the requirements of this subpart.
    (c) Addition or replacement of equipment (defined in Sec. 60.591a) 
for the purpose of process improvement which is accomplished without a 
capital expenditure shall not by itself be considered a modification 
under this subpart.
    (d) Facilities subject to subpart VV, subpart VVa, subpart GGG, or 
subpart KKK of this part are excluded from this subpart.
    (e) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec. 60.590 of this 
subpart until the EPA takes final action to require compliance and 
publishes a document in the Federal Register. While the definition of 
``process unit'' is stayed, owners or operators should use the following 
definition:
    Process unit means components assembled to produce intermediate or 
final products from petroleum, unfinished petroleum derivatives, or 
other intermediates; a process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient storage 
facilities for the product.

[49 FR 22606, May 30, 1984, as amended at 73 FR 31376, June 2, 2008]



Sec. 60.591a  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act, in subpart A of part 60, or in 
subpart VVa of this part, and the following terms shall have the 
specific meanings given them.
    Alaskan North Slope means the approximately 69,000 square mile area 
extending from the Brooks Range to the Arctic Ocean.
    Asphalt (also known as Bitumen) is a black or dark brown solid or 
semi-solid thermo-plastic material possessing waterproofing and adhesive 
properties. It is a complex combination of higher molecular weight 
organic compounds containing a relatively high proportion of 
hydrocarbons having carbon numbers greater than C25 with a high carbon 
to hydrogen ratio. It is essentially non-volatile at ambient 
temperatures with

[[Page 651]]

closed cup flash point of 445 [deg]F (230 [deg]C) or greater.
    Equipment means each valve, pump, pressure relief device, sampling 
connection system, open-ended valve or line, and flange or other 
connector in VOC service. For the purposes of recordkeeping and 
reporting only, compressors are considered equipment.
    In hydrogen service means that a compressor contains a process fluid 
that meets the conditions specified in Sec. 60.593a(b).
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.593a(c).
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through the distillation of petroleum, or through the 
redistillation, cracking, or reforming of unfinished petroleum 
derivatives.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce intermediate or final 
products from petroleum, unfinished petroleum derivatives, or other 
intermediates. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product. For the purpose of this subpart, process unit includes any 
feed, intermediate and final product storage vessels (except as 
specified in Sec. 60.482-1a(g)), product transfer racks, and connected 
ducts and piping. A process unit includes all equipment as defined in 
this subpart.

    Effective Date Note: At 73 FR 31376, June 2, 2008, Sec. 60.591a, 
the definition of ``process unit'' was stayed until further notice.



Sec. 60.592a  Standards.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of Sec. Sec. 60.482-1a to 60.482-10a 
as soon as practicable, but no later than 180 days after initial 
startup.
    (b) For a given process unit, an owner or operator may elect to 
comply with the requirements of paragraphs (b)(1), (2), or (3) of this 
section as an alternative to the requirements in Sec. 60.482-7a.
    (1) Comply with Sec. 60.483-1a.
    (2) Comply with Sec. 60.483-2a.
    (3) Comply with the Phase III provisions in Sec. 63.168, except an 
owner or operator may elect to follow the provisions in Sec. 60.482-
7a(f) instead of Sec. 63.168 for any valve that is designated as being 
leakless.
    (c) An owner or operator may apply to the Administrator for a 
determination of equivalency for any means of emission limitation that 
achieves a reduction in emissions of VOC at least equivalent to the 
reduction in emissions of VOC achieved by the controls required in this 
subpart. In doing so, the owner or operator shall comply with 
requirements of Sec. 60.484a.
    (d) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions of Sec. 60.485a except as provided in 
Sec. 60.593a.
    (e) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions of Sec. Sec. 60.486a and 60.487a.



Sec. 60.593a  Exceptions.

    (a) Each owner or operator subject to the provisions of this subpart 
may comply with the following exceptions to the provisions of subpart 
VVa of this part.
    (b)(1) Compressors in hydrogen service are exempt from the 
requirements of Sec. 60.592a if an owner or operator demonstrates that 
a compressor is in hydrogen service.
    (2) Each compressor is presumed not to be in hydrogen service unless 
an owner or operator demonstrates that the piece of equipment is in 
hydrogen service. For a piece of equipment to be considered in hydrogen 
service, it must be determined that the percent hydrogen content can be 
reasonably expected always to exceed 50 percent by volume. For purposes 
of determining the percent hydrogen content in the process fluid that is 
contained in or contacts a compressor, procedures that conform to the 
general method described in ASTM E260-73, 91, or 96, E168-67, 77, or 92, 
or E169-63, 77, or 93 (incorporated by reference as specified in Sec. 
60.17) shall be used.

[[Page 652]]

    (3)(i) An owner or operator may use engineering judgment rather than 
procedures in paragraph (b)(2) of this section to demonstrate that the 
percent content exceeds 50 percent by volume, provided the engineering 
judgment demonstrates that the content clearly exceeds 50 percent by 
volume. When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, however, the 
procedures in paragraph (b)(2) of this section shall be used to resolve 
the disagreement.
    (ii) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination can be revised only after 
following the procedures in paragraph (b)(2).
    (c) Any existing reciprocating compressor that becomes an affected 
facility under provisions of Sec. 60.14 or Sec. 60.15 is exempt from 
Sec. 60.482-3a(a), (b), (c), (d), (e), and (h) provided the owner or 
operator demonstrates that recasting the distance piece or replacing the 
compressor are the only options available to bring the compressor into 
compliance with the provisions of Sec. 60.482-3a(a), (b), (c), (d), 
(e), and (h).
    (d) An owner or operator may use the following provision in addition 
to Sec. 60.485a(e): Equipment is in light liquid service if the percent 
evaporated is greater than 10 percent at 150 [deg]C as determined by 
ASTM Method D86-78, 82, 90, 93, 95, or 96 (incorporated by reference as 
specified in Sec. 60.17).
    (e) Pumps in light liquid service and valves in gas/vapor and light 
liquid service within a process unit that is located in the Alaskan 
North Slope are exempt from the requirements of Sec. Sec. 60.482-2a and 
60.482-7a.
    (f) Open-ended valves or lines containing asphalt as defined in 
Sec. 60.591a are exempt from the requirements of Sec. 60.482-6a(a) 
through (c).
    (g) Connectors in gas/vapor or light liquid service are exempt from 
the requirements in Sec. 60.482-11a, provided the owner or operator 
complies with Sec. 60.482-8a for all connectors, not just those in 
heavy liquid service.



  Subpart HHH_Standards of Performance for Synthetic Fiber Production 
                               Facilities

    Source: 49 FR 13651, Apr. 5, 1984, unless otherwise noted.



Sec. 60.600  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which the provisions of this subpart apply is each 
solvent-spun synthetic fiber process that produces more than 500 Mg (551 
ton) of fiber per year.
    (b) The provisions of this subpart do not apply to any facility that 
uses the reaction spinning process to produce spandex fiber or the 
viscose process to produce rayon fiber.
    (c) The provisions of this subpart apply to each facility as 
identified in paragraph (a) of this section and that commences 
construction or reconstruction after November 23, 1982. The provisions 
of this subpart do not apply to facilities that commence modification 
but not reconstruction after November 23, 1982.

[49 FR 22606, May 30, 1984, as amended at 65 FR 61768, Oct. 17, 2000]



Sec. 60.601  Definitions.

    All terms that are used in this subpart and are not defined below 
are given the same meaning as in the Act and in subpart A of this part.
    Acrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 85 percent by weight of acrylonitrile units.
    Makeup solvent means the solvent introduced into the affected 
facility that compensates for solvent lost from the affected facility 
during the manufacturing process.
    Nongaseous losses means the solvent that is not volatilized during 
fiber production, and that escapes the process and is unavailable for 
recovery, or is in a form or concentration unsuitable for economical 
recovery.
    Polymer means any of the natural or synthetic compounds of usually 
high molecular weight that consist of many

[[Page 653]]

repeated links, each link being a relatively light and simple molecule.
    Precipitation bath means the water, solvent, or other chemical bath 
into which the polymer or prepolymer (partially reacted material) 
solution is extruded, and that causes physical or chemical changes to 
occur in the extruded solution to result in a semihardened polymeric 
fiber.
    Rayon fiber means a manufactured fiber composed of regenerated 
cellulose, as well as manufactured fibers composed of regenerated 
cellulose in which substituents have replaced not more than 15 percent 
of the hydrogens of the hydroxyl groups.
    Reaction spinning process means the fiber-forming process where a 
prepolymer is extruded into a fluid medium and solidification takes 
place by chemical reaction to form the final polymeric material.
    Recovered solvent means the solvent captured from liquid and gaseous 
process streams that is concentrated in a control device and that may be 
purified for reuse.
    Solvent feed means the solvent introduced into the spinning solution 
preparation system or precipitation bath. This feed stream includes the 
combination of recovered solvent and makeup solvent.
    Solvent inventory variation means the normal changes in the total 
amount of solvent contained in the affected facility.
    Solvent recovery system means the equipment associated with capture, 
transportation, collection, concentration, and purification of organic 
solvents. It may include enclosures, hoods, ducting, piping, scrubbers, 
condensers, carbon adsorbers, distillation equipment, and associated 
storage vessels.
    Solvent-spun synthetic fiber means any synthetic fiber produced by a 
process that uses an organic solvent in the spinning solution, the 
precipitation bath, or processing of the sun fiber.
    Solvent-spun synthetic fiber process means the total of all 
equipment having a common spinning solution preparation system or a 
common solvent recovery system, and that is used in the manufacture of 
solvent-spun synthetic fiber. It includes spinning solution preparation, 
spinning, fiber processing and solvent recovery, but does not include 
the polymer production equipment.
    Spandex fiber means a manufactured fiber in which the fiber-forming 
substance is a long chain synthetic polymer comprised of at least 85 
percent of a segmented polyurethane.
    Spinning solution means the mixture of polymer, prepolymer, or 
copolymer and additives dissolved in solvent. The solution is prepared 
at a viscosity and solvent-to-polymer ratio that is suitable for 
extrusion into fibers.
    Spinning solution preparation system means the equipment used to 
prepare spinning solutions; the system includes equipment for mixing, 
filtering, blending, and storage of the spinning solutions.
    Synthetic fiber means any fiber composed partially or entirely of 
materials made by chemical synthesis, or made partially or entirely from 
chemically-modified naturally-occurring materials.
    Viscose process means the fiber forming process where cellulose and 
concentrated caustic soda are reacted to form soda or alkali cellulose. 
This reacts with carbon disulfide to form sodium cellulose xanthate, 
which is then dissolved in a solution of caustic soda. After ripening, 
the solution is spun into an acid coagulating bath. This precipitates 
the cellulose in the form of a regenerated cellulose filament.

[49 FR 13651, Apr. 5, 1984; 49 FR 18096, Apr. 27, 1984]



Sec. 60.602  Standard for volatile organic compounds.

    On and after the date on which the initial performance test required 
to be conducted by Sec. 60.8 is completed, no owner or operator subject 
to the provisions of this subpart shall cause the discharge into the 
atmosphere from any affected facility that produces acrylic fibers, VOC 
emissions that exceed 10 kg/Mg (20 lb/ton) solvent feed to the spinning 
solution preparation system or precipitation bath. VOC emissions from 
affected facilities that produce both acrylic and nonacrylic fiber types 
shall not exceed 10 kg/Mg (20 lb/ton) solvent feed. VOC emissions from 
affected facilities that produce

[[Page 654]]

only nonacrylic fiber types shall not exceed 17 kg/Mg (34 lb/ton) 
solvent feed. Compliance with the emission limitations is determined on 
a 6-month rolling average basis as described in Sec. 60.603.

[49 FR 22606, May 30, 1984, as amended at 65 FR 61768, Oct. 17, 2000]



Sec. 60.603  Performance test and compliance provisions.

    (a) Section 60.8(f) does not apply to the performance test 
procedures required by this subpart.
    (b) Each owner or operator of an affected facility shall determine 
compliance with the applicable standard in Sec. 60.602(a) by 
determining and recording monthly the VOC emissions per unit mass 
solvent feed from each affected facility for the current and preceding 5 
consecutive calendar months and using these values to calculate the 6-
month average emissions. Each calculation is considered a performance 
test. The owner or operator of an affected facility shall use the 
following procedure to determine VOC emissions for each calendar month;
    (1) Install, calibrate, maintain, and operate monitoring devices 
that continuously measure and permanently record for each calendar month 
the amount of makeup solvent and solvent feed. These values shall be 
used in calculating VOC emissions according to paragraph (b)(2) of this 
section. All monitoring devices, meters, and peripheral equipment shall 
be calibrated and any error recorded. Total compounded error of the flow 
measuring and recording devices shall not exceed 1 percent accuracy over 
the operating range. As an alternative to measuring solvent feed, the 
owner or operator may:
    (i) Measure the amount of recovered solvent returned to the solvent 
feed storage tanks, and use the following equation to determine the 
amount of solvent feed:

Solvent Feed=Makeup Solvent+Recovered
Solvent+Change in the Amount of Solvent
Contained in the Solvent Feed Holding Tank.

    (ii) Measure and record the amount of polymer introduced into the 
affected facility and the solvent-to-polymer ratio of the spinning 
solutions, and use the following equation to determine the amount of 
solvent feed:
[GRAPHIC] [TIFF OMITTED] TC16NO91.083

where subscript ``i'' denotes each particular spinning solution used 
during the test period; values of ``i'' vary from one to the total 
number of spinning solutions, ``n,'' used during the calendar month.

    (2) VOC emissions shall be determined each calendar month by use of 
the following equations:
[GRAPHIC] [TIFF OMITTED] TC16NO91.084

where all values are for the calendar month only and where
E = VOC Emissions, in kg/Mg (lb/ton) solvent;
SV = Measured or calculated volume of solvent feed, in liters 
(gallons);
SW = Weight of solvent feed, in Mg (ton);
MV = Measured volume of makeup solvent, in liters (gallons);
MW = Weight of makeup, in kg (lb);
N = Allowance for nongaseous losses, 13 kg/Mg (26 lb/ton) solvent feed;
SP = Fraction of measured volume that is actual solvent 
(excludes water);
D = Density of the solvent, in kg/liter (lb/gallon);
K = Conversion factor, 1,000 kg/Mg (2,000 lb/ton);
I = Allowance for solvent inventory variation or changes in the amount 
of solvent contained in the affected facility, in kg/Mg (lb/ton) solvent 
feed (may be positive or negative);
IS = Amount of solvent contained in the affected facility at 
the beginning of the test period, as determined by the owner or 
operator, in kg (lb);
IE = Amount of solvent contained in the affected facility at 
the close of the test period, as determined by the owner or operator, in 
kg (lb).

    (3) N, as used in the equation in paragraph (b)(2) of this section, 
equals 13 kg/Mg (26 lb/ton) solvent feed to the spinning solution 
preparation system and precipitation bath. This value shall be used in 
all cases unless an owner or

[[Page 655]]

operator demonstrates to the satisfaction of the Administrator that 
greater nongaseous losses occur at the affected facility. In this case, 
the greater value may be substituted in the equation.

[49 FR 13651, Apr. 5, 1984; 49 FR 18096, Apr. 27, 1984, as amended at 65 
FR 61769, Oct. 17, 2000]



Sec. 60.604  Reporting requirements.

    (a) The owner or operator of an affected facility shall submit a 
written report to the Administrator of the following:
    (1) The results of the initial performance test; and
    (2) The results of subsequent performance tests that indicate that 
VOC emissions exceed the standards in Sec. 60.602. These reports shall 
be submitted quarterly at 3-month intervals after the initial 
performance test. If no exceedances occur during a particular quarter, a 
report stating this shall be submitted to the Administrator 
semiannually.
    (b) Solvent-spun synthetic fiber producing facilities exempted from 
these standards in Sec. 60.600(a) (those producing less than 500 Mg 
(551 ton) annually) shall report to the Administrator within 30 days 
whenever extruded fiber for the preceding 12 calendar months exceeds 500 
Mg (551 ton).
    (c) The requirements of this section remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternate means 
of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with this section, provided that they comply with the 
requirements established by the State.

[49 FR 13651, Apr. 5, 1984, as amended at 55 FR 51384, Dec. 13, 1990; 59 
FR 32341, June 23, 1994; 65 FR 61769, Oct. 17, 2000]



Subpart III_Standards of Performance for Volatile Organic Compound (VOC) 
  Emissions From the Synthetic Organic Chemical Manufacturing Industry 
                  (SOCMI) Air Oxidation Unit Processes

    Source: 55 FR 26922, June 29, 1990, unless otherwise noted.



Sec. 60.610  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each affected facility 
designated in paragraph (b) of this section that produces any of the 
chemicals listed in Sec. 60.617 as a product, co-product, by-product, 
or intermediate, except as provided in paragraph (c) of this section.
    (b) The affected facility is any of the following for which 
construction, modification, or reconstruction commenced after October 
21, 1983:
    (1) Each air oxidation reactor not discharging its vent stream into 
a recovery system.
    (2) Each combination of an air oxidation reactor and the recovery 
system into which its vent stream is discharged.
    (3) Each combination of two or more air oxidation reactors and the 
common recovery system into which their vent streams are discharged.
    (c) Each affected facility that has a total resource effectiveness 
(TRE) index value greater than 4.0 is exempt from all provisions of this 
subpart except for Sec. Sec. 60.612, 60.614(f), 60.615(h), and 
60.615(l).
    (d) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of process vents that are subject to this 
subpart may choose to comply with the provisions of 40 CFR part 65, 
subpart D, to satisfy the requirements of Sec. Sec. 60.612 through 
60.615 and 60.618. The provisions of 40 CFR part 65 also satisfy the 
criteria of paragraph (c) of this section. Other provisions applying to 
an owner or operator who chooses to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40

[[Page 656]]

CFR part 65, subpart D, must also comply with Sec. Sec. 60.1, 60.2, 
60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart D, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
    (3) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D, at initial startup shall comply with 
paragraphs (d)(1) and (2) of this section for each vent stream on and 
after the date on which the initial performance test is completed, but 
not later than 60 days after achieving the maximum production rate at 
which the affected facility will be operated, or 180 days after the 
initial startup, whichever date comes first.
    (4) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart D, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR 65.63(a)(1), (2), or (3) with which the 
owner or operator has elected to comply. Notification shall be submitted 
with the notifications of initial startup required by 40 CFR 65.5(b).

    Note: The intent of these standards is to minimize the emissions of 
VOC through the application of BDT. The numerical emission limits in 
these standards are expressed in terms of total organic compounds (TOC), 
measured as TOC minus methane and ethane. This emission limit reflects 
the performance of BDT.

[55 FR 26922, June 29, 1990, as amended at 65 FR 78278, Dec. 14, 2000]



Sec. 60.611  Definitions.

    As used in this subpart, all terms not defined here shall have the 
meaning given them in the Act and in subpart A of part 60, and the 
following terms shall have the specific meanings given them.
    Air Oxidation Reactor means any device or process vessel in which 
one or more organic reactants are combined with air, or a combination of 
air and oxygen, to produce one or more organic compounds. Ammoxidation 
and oxychlorination reactions are included in this definition.
    Air Oxidation Reactor Recovery Train means an individual recovery 
system receiving the vent stream from at least one air oxidation 
reactor, along with all air oxidation reactors feeding vent streams into 
this system.
    Air Oxidation Unit Process means a unit process, including 
ammoxidation and oxychlorination unit process, that uses air, or a 
combination of air and oxygen, as an oxygen source in combination with 
one or more organic reactants to produce one or more organic compounds.
    Boilers means any enclosed combustion device that extracts useful 
energy in the form of steam.
    By Compound means by individual stream components, not carbon 
equivalents.
    Continuous recorder means a data recording device recording an 
instantaneous data value at least once every 15 minutes.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is 
present in a vent stream.
    Halogenated Vent Stream means any vent stream determined to have a 
total concentration (by volume) of compounds containing halogens of 20 
ppmv (by compound) or greater.
    Incinerator means any enclosed combustion device that is used for 
destroying organic compounds and does not extract energy in the form of 
steam or process heat.
    Process Heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, including all fluids except 
water that is heated to produce steam.
    Process Unit means equipment assembled and connected by pipes or 
ducts to produce, as intermediates or final products, one or more of the 
chemicals in Sec. 60.617. A process unit can operate independently if 
supplied with sufficient fuel or raw materials and sufficient product 
storage facilities.

[[Page 657]]

    Product means any compound or chemical listed in Sec. 60.617 that 
is produced for sale as a final product as that chemical or is produced 
for use in a process that needs that chemical for the production of 
other chemicals in another facility. By-products, co-products, and 
intermediates are considered to be products.
    Recovery Device means an individual unit of equipment, such as an 
absorber, condenser, and carbon adsorber, capable of and used to recover 
chemicals for use, reuse or sale.
    Recovery System means an individual recovery device or series of 
such devices applied to the same process stream.
    Total organic compounds (TOC) means those compounds measured 
according to the procedures in Sec. 60.614(b)(4). For the purposes of 
measuring molar composition as required in Sec. 60.614(d)(2)(i), hourly 
emissions rate as required in Sec. 60.614(d)(5) and Sec. 60.614(e) and 
TOC concentration as required in Sec. 60.615(b)(4) and Sec. 
60.615(g)(4), those compounds which the Administrator has determined do 
not contribute appreciably to the formation of ozone are to be excluded. 
The compounds to be excluded are identified in Environmental Protection 
Agency's statements on ozone abatement policy for SIP revisions (42 FR 
35314; 44 FR 32042; 45 FR 32424; 45 FR 48942).
    Total resource effectiveness (TRE) Index Value means a measure of 
the supplemental total resource requirement per unit reduction of TOC 
associated with an individual air oxidation vent stream, based on vent 
stream flow rate, emission rate of TOC, net heating value, and corrosion 
properties (whether or not the vent stream is halogenated), as 
quantified by the equation given under Sec. 60.614(e).
    Vent Stream means any gas stream, containing nitrogen which was 
introduced as air to the air oxidation reactor, released to the 
atmosphere directly from any air oxidation reactor recovery train or 
indirectly, after diversion through other process equipment. The vent 
stream excludes equipment leaks and relief valve discharges including, 
but not limited to, pumps, compressors, and valves.

[55 FR 26922, June 29, 1990; 55 FR 36932, Sept. 7, 1990]



Sec. 60.612  Standards.

    Each owner or operator of any affected facility shall comply with 
paragraph (a), (b), or (c) of this section for each vent stream on and 
after the date on which the initial performance test required by 
Sec. Sec. 60.8 and 60.614 is completed, but not later than 60 days 
after achieving the maximum production rate at which the affected 
facility will be operated, or 180 days after the initial start-up, 
whichever date comes first. Each owner or operator shall either:
    (a) Reduce emissions of TOC (minus methane and ethane) by 98 weight-
percent, or to a TOC (minus methane and ethane) concentration of 20 ppmv 
on a dry basis corrected to 3 percent oxygen, whichever is less 
stringent. If a boiler or process heater is used to comply with this 
paragraph, then the vent stream shall be introduced into the flame zone 
of the boiler or process heater; or
    (b) Combust the emissions in a flare that meets the requirements of 
Sec. 60.18; or
    (c) Maintain a TRE index value greater than 1.0 without use of VOC 
emission control devices.



Sec. 60.613  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility that uses an 
incinerator to seek to comply with the TOC emission limit specified 
under Sec. 60.612(a) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications the following equipment:
    (1) A temperature monitoring device equipped with a continuous 
recorder and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius or 0.5 [deg]C, whichever is greater.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices

[[Page 658]]

shall be installed in the gas stream immediately before and after the 
catalyst bed.
    (2) A flow indicator that provides a record of vent stream flow to 
the incinerator at least once every hour for each affected facility. The 
flow indicator shall be installed in the vent stream from each affected 
facility at a point closest to the inlet of each incinerator and before 
being joined with any other vent stream.
    (b) The owner or operator of an affected facility that uses a flare 
to seek to comply with Sec. 60.612(b) shall install, calibrate, 
maintain, and operate according to manufacturer's specifications the 
following equipment:
    (1) A heat sensing device, such as an ultra-violet sensor or 
thermocouple, at the pilot light to indicate the continuous presence of 
a flame.
    (2) A flow indicator that provides a record of vent stream flow to 
the flare at least once every hour for each affected facility. The flow 
indicator shall be installed in the vent stream from each affected 
facility at a point closest to the flare and before being joined with 
any other vent stream.
    (c) The owner or operator of an affected facility that uses a boiler 
or process heater to seek to comply with Sec. 60.612(a) shall install, 
calibrate, maintain and operate according to the manufacturer's 
specifications the following equipment:
    (1) A flow indicator that provides a record of vent stream flow to 
the boiler or process heater at least once every hour for each affected 
facility. The flow indicator shall be installed in the vent stream from 
each air oxidation reactor within an affected facility at a point 
closest to the inlet of each boiler or process heater and before being 
joined with any other vent stream.
    (2) A temperature monitoring device in the firebox equipped with a 
continuous recorder and having an accuracy of 1 
percent of the temperature being measured expressed in degrees Celsius 
or 0.5 [deg]C, whichever is greater, for boilers 
or process heaters of less than 44 MW (150 million Btu/hr) heat input 
design capacity.
    (d) Monitor and record the periods of operation of the boiler or 
process heater if the design input capacity of the boiler is 44 MW (150 
million Btu/hr) or greater. The records must be readily available for 
inspection.
    (e) The owner or operator of an affected facility that seeks to 
demonstrate compliance with the TRE index value limit specified under 
Sec. 60.612(c) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications the following equipment, 
unless alternative monitoring procedures or requirements are approved 
for that facility by the Administrator:
    (1) Where an absorber is the final recovery device in a recovery 
system:
    (i) A scrubbing liquid temperature monitoring device having an 
accuracy of 1 percent of the temperature being 
monitored expressed in degrees Celsius or 0.5 [deg]C, whichever is 
greater, and a specific gravity monitoring device having an accuracy of 
0.02 specific gravity units, each equipped with a continuous recorder;
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (2) Where a condenser is the final recovery device in a recovery 
system:
    (i) A condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder and having an acuracy of 1 percent of the temperature being monitored expressed 
in degrees Celsius or 0.5 [deg]C, whichever is greater;
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (3) Where a carbon adsorber is the final recovery device in a 
recovery system:
    (i) An integrating steam flow monitoring device having an accuracy 
of 10 percent, and a carbon bed temperature monitoring device having an 
accuracy of 1 percent of the temperature being 
monitored expressed in degrees Celsius

[[Page 659]]

or 0.5 [deg]C, whichever is greater, both equipped 
with a continuous recorder;
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (f) An owner or operator of an affected facility seeking to 
demonstrate compliance with the standards specified under Sec. 60.612 
with control devices other than an incinerator, boiler, process heater, 
or flare; or recovery devices other than an absorber, condenser, or 
carbon adsorber shall provide to the Administrator information 
describing the operation of the control device or recovery device and 
the process parameter(s) which would indicate proper operation and 
maintenance of the device. The Administrator may request further 
information and will specify appropriate monitoring procedures or 
requirements.

[55 FR 26922, June 29, 1990, as amended at 65 FR 61769, Oct. 17, 2000]



Sec. 60.614  Test methods and procedures.

    (a) For the purpose of demonstrating compliance with Sec. 60.612, 
all affected facilities shall be run at full operating conditions and 
flow rates during any performance test.
    (b) The following methods in appendix A to this part, except as 
provided under Sec. 60.8(b) shall be used as reference methods to 
determine compliance with the emission limit or percent reduction 
efficiency specified under Sec. 60.612(a).
    (1) Method 1 or 1A, as appropriate, for selection of the sampling 
sites. The control device inlet sampling site for determination of vent 
stream molar composition or TOC (less methane and ethane) reduction 
efficiency shall be prior to the inlet of the control device and after 
the recovery system.
    (2) Method 2, 2A, 2C, or 2D, as appropriate, for determination of 
the volumetric flow rates.
    (3) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3 shall be used to determine the oxygen 
concentration (%O2d) for the purposes of determining 
compliance with the 20 ppmv limit. The sampling site shall be the same 
as that of the TOC samples and the samples shall be taken during the 
same time that the TOC samples are taken. The TOC concentration 
corrected to 3 percent O2 (Cc) shall be computed 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.085

where:

Cc=Concentration of TOC corrected to 3 percent 02, 
dry basis, ppm by volume.
CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume.
%O2d=Concentration of O2, dry basis, percent by 
volume.

    (4) Method 18 to determine concentration of TOC in the control 
device outlet and the concentration of TOC in the inlet when the 
reduction efficiency of the control device is to be determined.
    (i) The sampling time for each run shall be 1 hour in which either 
an integrated sample or four grab samples shall be taken. If grab 
sampling is used then the samples shall be taken at 15-minute intervals.
    (ii) The emission reduction (R) of TOC (minus methane and ethane) 
shall be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.086

where:

R=Emission reduction, percent by weight.
Ei=Mass rate of TOC entering the control device, kg/hr (lb/
hr).
Eo=Mass rate of TOC discharged to the atmosphere, kg/hr (lb/
hr).

    (iii) The mass rates of TOC (Ei, Eo) shall be 
computed using the following equations:
[GRAPHIC] [TIFF OMITTED] TC16NO91.087

Where:


[[Page 660]]


Cij, Coj=Concentration of sample component ``j'' 
of the gas stream at the inlet and outlet of the control device, 
respectively, dry basis ppm by volume.
Mij, Moj=Molecular weight of sample component 
``j`` of the gas stream at the inlet and outlet of the control device, 
respectively, g/g-mole (lb/lb-mole).
Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dscm/min (dscf/min).
K2 = 2.494 x 10-6 (1/ppm)(g-mole/scm)(kg/g)(min/
hr) (metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
    = 1.557 x 10-7 (1/ppm)(lb-mole/scf)(min/hr) (English 
units), where standard temperature for (lb-mole/scf) is 68 [deg]F.

    (iv) The TOC concentration (CTOC) is the sum of the 
individual components and shall be computed for each run using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.088

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume.
Cj=Concentration of sample components in the sample.
n=Number of components in the sample.

    (c) When a boiler or process heater with a design heat input 
capacity of 44 MW (150 million Btu/hour) or greater is used to seek to 
comply with Sec. 60.612(a), the requirement for an initial performance 
test is waived, in accordance with Sec. 60.8(b). However, the 
Administrator reserves the option to require testing at such other times 
as may be required, as provided for in section 114 of the Act.
    (d) When a flare is used to seek to comply with Sec. 60.612(b), the 
flare shall comply with the requirements of Sec. 60.18.
    (e) The following test methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used for determining the net 
heating value of the gas combusted to determine compliance under Sec. 
60.612(b) and for determining the process vent stream TRE index value to 
determine compliance under Sec. 60.612(c).
    (1)(i) Method 1 or 1A, as appropriate, for selection of the sampling 
site. The sampling site for the vent stream flow rate and molar 
composition determination prescribed in Sec. 60.614(e)(2) and (3) shall 
be, except for the situations outlined in paragraph (e)(1)(ii) of this 
section, prior to the inlet of any control device, prior to any post-
reactor dilution of the stream with air, and prior to any post-reactor 
introduction of halogenated compounds into the vent stream. No 
transverse site selection method is needed for vents smaller than 10 
centimeters (4 inches) in diameter.
    (ii) If any gas stream other than the air oxidation vent stream from 
the affected facility is normally conducted through the final recovery 
device.
    (A) The sampling site for vent stream flow rate and molar 
composition shall be prior to the final recovery device and prior to the 
point at which the nonair oxidation stream is introduced.
    (B) The efficiency of the final recovery device is determined by 
measuring the TOC concentration using Method 18 at the inlet to the 
final recovery device after the introduction of any nonair oxidation 
vent stream and at the outlet of the final recovery device.
    (C) This efficiency is applied to the TOC concentration measured 
prior to the final recovery device and prior to the introduction of the 
nonair oxidation stream to determine the concentration of TOC in the air 
oxidation stream from the final recovery device. This concentration of 
TOC is then used to perform the calculations outlined in Sec. 
60.614(e)(4) and (5).
    (2) The molar composition of the process vent stream shall be 
determined as follows:
    (i) Method 18 to measure the concentration of TOC including those 
containing halogens.
    (ii) D1946-77, or 90 (Reapproved 1994) (incorporation by reference 
as specified in Sec. 60.17 of this part) to measure the concentration 
of carbon monoxide and hydrogen.
    (iii) Method 4 to measure the content of water vapor.
    (3) The volumetric flow rate shall be determined using Method 2, 2A, 
2C, or 2D, as appropriate.
    (4) The net heating value of the vent stream shall be calculated 
using the following equation:

[[Page 661]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.089

where:

HT = Net heating value of the sample, MJ/scm (Btu/scf), where 
the net enthalpy per mole of vent stream is based on combustion at 25 
[deg]C and 760 mm Hg (77 [deg]F and 30 in. Hg), but the standard 
temperature for determining the volume corresponding to one mole is 20 
[deg]C (68 [deg]F).
K1 = 1.74 x 10-7 (1/ppm)(g-mole/scm)(MJ/kcal) 
(metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
    = 1.03 x 10-11 (1/ppm)(lb-mole/scf)(Btu/kcal) (English 
units) where standard temperature for (lb/mole/scf) is 68 [deg]F.
Cj = Concentration on a wet basis of compound j in ppm, as 
measured for organics by Method 18 and measured for hydrogen and carbon 
monoxide by ASTM D1946-77, 90, or 94 (incorporation by reference as 
specified in Sec. 60.17 of this part) as indicated in Sec. 
60.614(e)(2).
Hj = Net heat of combustion of compound j, kcal/(g-mole) 
[kcal/(lb-mole)], based on combustion at 25 [deg]C and 760 mm Hg (77 
[deg]F and 30 in. Hg).

    (5) The emission rate of TOC in the process vent stream shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.092

where:

ETOC = Measured emission rate of TOC, kg/hr (lb/hr).
K2 = 2.494 x 10-6 (1/ppm)(g-mole/scm)(kg/g)(min/
hr) (metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
    = 1.557 x 10-7 (1/ppm)(lb-mole/scf)(min/hr) (English 
units), where standard temperature for (lb-mole/scf) is 68 [deg]F.
Cj = Concentration on a wet basis of compound j in ppm, as 
measured by Method 18 as indicated in Sec. 60.614(e)(2).
Mj = Molecular weight of sample j, g/g-mole (lb/lb-mole).
Qs = Vent stream flow rate, scm/hr (scf/hr), at a temperature 
of 20 [deg]C (68 [deg]F).

    (6) The total process vent stream concentration (by volume) of 
compounds containing halogens (ppmv, by compound) shall be summed from 
the individual concentrations of compounds containing halogens which 
were measured by Method 18.
    (f) For purposes of complying with Sec. 60.612(c), the owner or 
operator of a facility affected by this subpart shall calculate the TRE 
index value of the vent stream using the equation for incineration in 
paragraph (e)(1) of this section for halogenated vent streams. The owner 
or operator of an affected facility with a nonhalogenated vent stream 
shall determine the TRE index value by calculating values using both the 
incinerator equation in paragraph (e)(1) of this section and the flare 
equation in paragraph (e)(2) of this section and selecting the lower of 
the two values.
    (1) The TRE index value of the vent stream controlled by an 
incinerator shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.093

    (i) Where for a vent stream flow rate that is greater than or equal 
to 14.2 scm/min (501 scf/min) at a standard temperature of 20 [deg]C (68 
[deg]F):

TRE = TRE index value.
Qs = Vent stream flow rate, scm/min (scf/min), at a 
temperature of 20 [deg]C (68 [deg]F).
HT = Vent stream net heating value, MJ/scm (Btu/scf), where 
the net enthalpy per mole of vent stream is based on combustion at 25 
[deg]C and 760 mm Hg (68 [deg]F and 30 in. Hg), but the standard 
temperature for determining the volume corresponding to one mole is 20 
[deg]C (68 [deg]F) as in the definition of Qs.
Ys = Qs for all vent stream categories listed in 
table 1 except for Category E vent streams where Ys = 
QsHT/3.6.
    ETOC = Hourly emissions of TOC, kg/hr (lb/hr). a, b, c, 
d, e, and f are coefficients.

    The set of coefficients which apply to a vent stream shall be 
obtained from table 1.

[[Page 662]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.027


[[Page 663]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.028

[GRAPHIC] [TIFF OMITTED] TR17OC00.029

    (ii) Where for a vent stream flow rate that is less than 14.2 scm/
min (501 scf/min) at a standard temperature of 20 [deg]C (68 [deg]F):

TRE = TRE index value.
Qs = 14.2 scm/min (501 scf/min).
HT = (FLOW)(HVAL)/Qs.

Where the following inputs are used:

FLOW = Vent stream flow rate, scm/min (scf/min), at a temperature of 20 
[deg]C (68 [deg]F).
HVAL = Vent stream net heating value, MJ/scm (Btu/scf), where the net 
enthalpy per mole of vent stream is based on combustion at 25 [deg]C and 
760 mm Hg (68 [deg]F and 30 in. Hg), but the standard temperature for

[[Page 664]]

determining the volume corresponding to one mole is 20 [deg]C (68 
[deg]F) as in the definition of Qs.
Ys = Qs for all vent stream categories listed in 
table 1 except for Category E vent streams where Ys = 
QsHT/3.6.
ETOC = Hourly emissions of TOC, kg/hr (lb/hr).

    a, b, c, d, e, and f are coefficients.

    The set of coefficients that apply to a vent stream can be obtained 
from table 1.
    (2) The equation for calculating the TRE index value of a vent 
stream controlled by a flare is as follows:
[GRAPHIC] [TIFF OMITTED] TC16NO91.094

where:

TRE = TRE index value.
ETOC = Hourly emissions of TOC, kg/hr (lb/hr).
Qs = Vent stream flow rate, scm/min (scf/min), at a standard 
temperature of 20 [deg]C (68 [deg]F).
HT = Vent stream net heating value, MJ/scm (Btu/scf), where 
the net enthalpy per mole of vent stream is based on combustion at 25 
[deg]C and 760 mm Hg (68 [deg]F and 30 in. Hg), but the standard 
temperature for determining the volume corresponding to one mole is 20 
[deg]C (68 [deg]F) as in the definition of Qs.

    a, b, c, d, and e are coefficients.

    The set of coefficients that apply to a vent stream shall be 
obtained from table 2.

          Table 2--Air Oxidation Processes NSPS TRE Coefficients for Vent Streams Controlled by a Flare
----------------------------------------------------------------------------------------------------------------
                                                  a             b             c             d             e
----------------------------------------------------------------------------------------------------------------
HT < 11.2 MJ/scm..........................          2.25         0.288        -0.193      (-0.0051          2.08
(HT < 301 Btu/scf)........................       (0.140)      (0.0367)   (-0.000448)     (-0.0051)        (4.59)
HT >= 11.2 MJ/scm.........................         0.309        0.0619       -0.0043       -0.0034          2.08
HT >= 301 Btu/scf)........................      (0.0193)     (0.00788)   (-0.000010)     (-0.0034)        (4.59)
----------------------------------------------------------------------------------------------------------------

    (g) Each owner or operator of an affected facility seeking to comply 
with Sec. 60.610(c) or Sec. 60.612(c) shall recalculate the TRE index 
value for that affected facility whenever process changes are made. Some 
examples of process changes are changes in production capacity, 
feedstock type, or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. The TRE index value shall be 
recalculated based on test data, or on best engineering estimates of the 
effects of the change to the recovery system.
    (1) Where the recalculated TRE index value is less than or equal to 
1.0, the owner or operator shall notify the Administrator within 1 week 
of the recalculation and shall conduct a performance test according to 
the methods and procedures required by Sec. 60.614 to determine 
compliance with Sec. 60.612(a). Performance tests must be conducted as 
soon as possible after the process change but no later than 180 days 
from the time of the process change.
    (2) Where the initial TRE index value is greater than 4.0 and the 
recalculated TRE index value is less than or equal to 4.0, but greater 
than 1.0, the owner or operator shall conduct a performance test in 
accordance with Sec. 60.8 and Sec. 60.614 and shall comply with 
Sec. Sec. 60.613, 60.614, and 60.615. Performance tests must be 
conducted as soon as possible after the process change but no later than 
180 days from the time of the process change.

[55 FR 26922, June 29, 1990; 55 FR 36932, Sept. 7, 1990, as amended at 
65 FR 61769, Oct. 17, 2000]



Sec. 60.615  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec. 60.612 shall notify the 
Administrator of the specific provisions of Sec. 60.612

[[Page 665]]

(Sec. 60.612 (a) (b), or (c)) with which the owner or operator has 
elected to comply. Notification shall be submitted with the notification 
of initial start-up required by Sec. 60.7(a)(3). If an owner or 
operator elects at a later date to use an alternative provision of Sec. 
60.612 with which he or she will comply, then the Administrator shall be 
notified by the owner or operator 90 days before implementing a change 
and, upon implementing the change, a performance test shall be performed 
as specified by Sec. 60.614 within 180 days.
    (b) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible records of the following data 
measured during each performance test, and also include the following 
data in the report of the initial performance test required under Sec. 
60.8. Where a boiler or process heater with a design heat input capacity 
of 44 MW (150 million Btu/hour) or greater is used to comply with Sec. 
60.612(a), a report containing performance test data need not be 
submitted, but a report containing the information of Sec. 
60.615(b)(2)(i) is required. The same data specified in this section 
shall be submitted in the reports of all subsequently required 
performance tests where either the emission control efficiency of a 
control device, outlet concentration of TOC, or the TRE index value of a 
vent stream from a recovery system is determined.
    (1) Where an owner or operator subject to this subpart seeks to 
demonstrate compliance with Sec. 60.612(a) through use of either a 
thermal or catalytic incinerator:
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed for a 
catalytic incinerator), measured at least every 15 minutes and averaged 
over the same time period of the performance testing, and
    (ii) The percent reduction of TOC determined as specified in Sec. 
60.614(b) achieved by the incinerator, or the concentration of TOC 
(ppmv, by compound) determined as specified in Sec. 60.614(b) at the 
outlet of the control device on a dry basis corrected to 3 percent 
oxygen.
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.612(a) through use 
of a boiler or process heater:
    (i) A description of the location at which the vent stream is 
introduced into the boiler or process heater, and
    (ii) The average combustion temperature of the boiler or process 
heater with a design heat input capacity of less than 44 MW (150 million 
Btu/hr) measured at least every 15 minutes and averaged over the same 
time period of the performance testing.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to comply with Sec. 60.612(b) through the use of a 
smokeless flare, flare design (i.e., steam-assisted, air-assisted, or 
nonassisted), all visible emission readings, heat content 
determinations, flow rate measurements, and exit velocity determinations 
made during the performance test, continuous records of the flare pilot 
flame monitoring, and records of all periods of operations during which 
the pilot flame is absent.
    (4) Where an owner or operator seeks to demonstrate compliance with 
Sec. 60.612(c):
    (i) Where an absorber is the final recovery device in a recovery 
system, the exit specific gravity (or alternative parameter which is a 
measure of the degree of absorbing liquid saturation, if approved by the 
Administrator), and average exit temperature of the absorbing liquid, 
measured at least every 15 minutes and averaged over the same time 
period of the performance testing (both measured while the vent stream 
is normally routed and constituted), or
    (ii) Where a condenser is the final recovery device in a recovery 
system, the average exit (product side) temperature, measured at least 
every 15 minutes and average over the same time period of the 
performance testing while the vent stream is normally routed and 
constituted.
    (iii) Where a carbon adsorber is the final recovery device in a 
recovery system, the total steam mass flow measured at least every 15 
minutes and averaged over the same time period of the performance test 
(full carbon bed cycle), temperature of the carbon bed after 
regeneration (and within 15 minutes of completion of any cooling 
cycle(s), and duration of the carbon bed

[[Page 666]]

steaming cycle (all measured while the vent stream is normally routed 
and constituted), or
    (iv) As an alternative to Sec. 60.615(b)(4)(i), (ii) or (iii), the 
concentration level or reading indicated by the organic monitoring 
device at the outlet of the absorber, condenser, or carbon adsorber 
measured at least every 15 minutes and averaged over the same time 
period of the performance testing while the vent stream is normally 
routed and constituted.
    (v) All measurements and calculations performed to determine the TRE 
index value of the vent stream.
    (c) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
60.613(a) and (c) as well as up-to-date, readily accessible records of 
periods of operation during which the parameter boundaries established 
during the most recent performance test are exceeded. The Administrator 
may at any time require a report of these data. Where a combustion 
device is used by an owner or operator seeking to demonstrate compliance 
with Sec. 60.612(a) or (c), periods of operation during which the 
parameter boundaries established during the most recent performance 
tests are exceeded are defined as follows:
    (1) For thermal incinerators, all 3-hour periods of operation during 
which the average combustion temperature was more than 28 [deg]C (50 
[deg]F) below the average combustion temperature during the most recent 
performance test at which compliance with Sec. 60.612(a) was 
determined.
    (2) For catalytic incinerators, all 3-hour periods of operation 
during which the average temperature of the vent stream immediately 
before the catalyst bed is more than 28 [deg]C (50 [deg]F) below the 
average temperature of the vent stream during the most recent 
performance test at which compliance with Sec. 60.612(a) was 
determined. The owner or operator also shall record all 3-hour periods 
of operation during which the average temperature difference across the 
catalyst bed is less than 80 percent of the average temperature 
difference of the device during the most recent performance test at 
which compliance with Sec. 60.612(a) was determined.
    (3) All 3-hour periods of operation during which the average 
combustion temperature was more than 28 [deg]C (50 [deg]F) below the 
average combustion temperature during the most recent performance test 
at which compliance with Sec. 60.612(a) was determined for boilers or 
process heaters with a design heat input capacity of less than 44 MW 
(150 million Btu/hr).
    (4) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under Sec. 60.612(a).
    (d) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the flow 
indication specified under Sec. 60.613(a)(2), Sec. 60.613(b)(2), and 
Sec. 60.613(c)(1), as well as up-to-date, readily accessible records of 
all periods when the vent stream is diverted from the control device or 
has no flow rate.
    (e) Each owner or operator subject to the provisions of this subpart 
who uses a boiler or process heater with a design heat input capacity of 
44 MW (150 million Btu/hour) or greater to comply with Sec. 60.612(a) 
shall keep an up-to-date, readily accessible record of all periods of 
operation of the boiler or process heater. (Examples of such records 
could include records of steam use, fuel use, or monitoring data 
collected pursuant to other State or Federal regulatory requirements).
    (f) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
flare pilot flame monitoring specified in Sec. 60.613(b), as well as 
up-to-date, readily accessible records of all periods of operations in 
which the pilot flame is absent.
    (g) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
60.613(e) as well as up-to-date, readily accessible records of periods 
of operation during which the parameter boundaries established during 
the most recent performance test are

[[Page 667]]

exceeded. The Administrator may at any time require a report of these 
data. Where the owner or operator seeks to demonstrate compliance with 
Sec. 60.612(c), periods of operation during which the parameter 
boundaries established during the most recent performance tests are 
exceeded are defined as follows:
    (1) Where an absorber is the final recovery device in a recovery 
system, and where an organic monitoring device is not used:
    (i) All 3-hour periods of operation during which the average 
absorbing liquid temperature was more than 11 [deg]C (20 [deg]F) above 
the average absorbing liquid temperature during the most recent 
performance test, or
    (ii) All 3-hour periods of operation during which the average 
absorbing liquid specific gravity was more than 0.1 unit above, or more 
than 0.1 unit below, the average absorbing liquid specific gravity 
during the most recent performance test (unless monitoring of an 
alternative parameter, which is a measure of the degree of absorbing 
liquid saturation, is approved by the Administrator, in which case he or 
she will define appropriate parameter boundaries and periods of 
operation during which they are exceeded).
    (2) When a condenser is the final recovery device in a recovery 
system, and where an organic monitoring device is not used, all 3-hour 
periods of operation during which the average exit (product side) 
condenser operating temperature was more than 6 [deg]C (11 [deg]F) above 
the average exit (product side) operating temperature during the most 
recent performance test.
    (3) Where a carbon adsorber is the final recovery device in a 
recovery system and where an organic monitoring device is not used:
    (i) All carbon bed regeneration cycles during which the total mass 
steam flow was more than 10 percent below the total mass steam flow 
during the most recent performance test, or
    (ii) All carbon bed regeneration cycles during which the temperature 
of the carbon bed after regeneration (and after completion of any 
cooling cycle(s)) was more than 10 percent greater than the carbon bed 
temperature (in degrees Celsius) during the most recent performance 
test.
    (4) Where an absorber, condenser, or carbon adsorber is the final 
recovery device in the recovery system and an organic monitoring device 
approved by the Administrator is used, all 3-hour periods of operation 
during which the average concentration level or reading of organic 
compounds in the exhaust gases is more than 20 percent greater than the 
exhaust gas organic compound concentration level or reading measured by 
the monitoring device during the most recent performance test.
    (h) Each owner or operator subject to the provisions of this subpart 
and seeking to demonstrate compliance with Sec. 60.612(c) shall keep 
up-to-date, readily accessible records of:
    (1) Any changes in production capacity, feedstock type, or catalyst 
type, or of any replacement, removal or addition of recovery equipment 
or air oxidation reactors;
    (2) Any recalculation of the TRE index value performed pursuant to 
Sec. 60.614(f);
    (3) The results of any performance test performed pursuant to the 
methods and procedures required by Sec. 60.614(d).
    (i) Each owner and operator subject to the provisions of this 
subpart is exempt from the quarterly reporting requirements contained in 
Sec. 60.7(c) of the General Provisions.
    (j) Each owner or operator that seeks to comply with the 
requirements of this subpart by complying with the requirements of Sec. 
60.612 shall submit to the Administrator semiannual reports of the 
following information. The initial report shall be submitted within 6 
months after the initial start-up-date.
    (1) Exceedances of monitored parameters recorded under Sec. 
60.615(c) and (g).
    (2) All periods recorded under Sec. 60.615(d) when the vent stream 
is diverted from the control device or has no flow rate.
    (3) All periods recorded under Sec. 60.615(e) when the boiler or 
process heater was not operating.
    (4) All periods recorded under Sec. 60.615(f) in which the pilot 
flame of the flare was absent.

[[Page 668]]

    (5) Any recalculation of the TRE index value, as recorded under 
Sec. 60.615(h).
    (k) The requirements of Sec. 60.615(j) remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with Sec. 60.615(j), provided that they comply with the 
requirements established by the State.
    (l) The Administrator will specify appropriate reporting and 
recordkeeping requirements where the owner or operator of an affected 
facility seeks to demonstrate compliance with the standards specified 
under Sec. 60.612 other than as provided under Sec. 60.613(a), (b), 
(c), and (d).

[55 FR 26922, June 29, 1990; 55 FR 36932, Sept. 7, 1990, as amended at 
65 FR 61773, Oct. 17, 2000]



Sec. 60.616  Reconstruction.

    For purposes of this subpart ``fixed capital cost of the new 
components,'' as used in Sec. 60.15, includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following October 21, 1983. For purposes of this 
paragraph, ``commenced'' means that an owner or operator has undertaken 
a continuous program of component replacement or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of component 
replacement.



Sec. 60.617  Chemicals affected by subpart III.

------------------------------------------------------------------------
                        Chemical name                          CAS No.*
------------------------------------------------------------------------
Acetaldehyde................................................     75-07-0
Acetic acid.................................................     64-19-7
Acetone.....................................................     67-64-1
Acetonitrile................................................     75-05-8
Acetophenone................................................     98-86-2
Acrolein....................................................    107-02-8
Acrylic acid................................................     79-10-7
Acrylonitrile...............................................    107-13-1
Anthraquinone...............................................     84-65-1
Benzaldehyde................................................    100-52-7
Benzoic acid, tech..........................................     65-85-0
1,3-Butadiene...............................................    106-99-0
p-t-Butyl benzoic acid......................................     98-73-7
N-Butyric acid..............................................    107-92-6
Crotonic acid...............................................   3724-65-0
Cumene hydroperoxide........................................     80-15-9
Cyclohexanol................................................    108-93-0
Cyclohexanone...............................................    108-94-1
Dimethyl terephthalate......................................    120-61-6
Ethylene dichloride.........................................    107-06-2
Ethylene oxide..............................................     75-21-8
Formaldehyde................................................     50-00-0
Formic acid.................................................     64-18-6
Glyoxal.....................................................    107-22-2
Hydrogen cyanide............................................     74-90-8
Isobutyric acid.............................................     79-31-2
Isophthalic acid............................................    121-91-5
Maleic anhydride............................................    108-31-6
Methyl ethyl ketone.........................................     78-93-3
a-Methyl styrene............................................     98-83-9
Phenol......................................................    108-95-2
Phthalic anhydride..........................................     85-44-9
Propionic acid..............................................     79-09-4
Propylene oxide.............................................     75-56-9
Styrene.....................................................    100-42-5
Terephthalic acid...........................................    100-21-0
------------------------------------------------------------------------
*CAS numbers refer to the Chemical Abstracts Registry numbers assigned
  to specific chemicals, isomers, or mixtures of chemicals. Some isomers
  or mixtures that are covered by the standards do not have CAS numbers
  assigned to them. The standards apply to all of the chemicals listed,
  whether CAS numbers have been assigned or not.



Sec. 60.618  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. 
60.613(e).



     Subpart JJJ_Standards of Performance for Petroleum Dry Cleaners

    Source: 49 FR 37331, Sept. 21, 1984, unless otherwise noted.



Sec. 60.620  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities located at a petroleum dry cleaning plant with a 
total manufacturers' rated dryer capacity equal to or greater than 38 
kilograms (84 pounds): Petroleum solvent dry cleaning dryers, washers, 
filters, stills, and settling tanks.
    (1) When the affected facility is installed in an existing plant 
that is not expanding the manufacturers' rated capacity of its petroleum 
solvent

[[Page 669]]

dryer(s), the total manufacturers' rated dryer capacity is the summation 
of the manufacturers' rated capacity for each existing petroleum solvent 
dryer.
    (2) When the affected facility is installed in a plant that is 
expanding the manufacturers' rated capacity of its petroleum solvent 
dryers, the total manufacturers' rated dryer capacity is the summation 
of the manufacturers' rated dryer capacity for each existing and 
proposed new petroleum solvent dryer.
    (3) When the affected facilty is installed in a new plant, the total 
manufacturers' rated dryer capacity is the summation of the 
manufacturers' rated dryer capacity for each proposed new petroleum 
solvent dryer.
    (4) The petroleum solvent dryers considered in the determination of 
the total manufacturers' rated dryer capacity are those new and existing 
dryers in the plant that will be in service at any time after the 
proposed new source or modification commences operation.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after December 14, 1982, is subject to the 
requirements of this subpart with the following exception. A dryer 
installed between December 14, 1982, and September 21, 1984, in a plant 
with an annual solvent consumption level of less than 17,791 liters 
(4,700 gallons), is exempt from the requirements of this subpart.

[49 FR 37331, Sept. 21, 1984, as amended at 50 FR 49026, Nov. 27, 1985; 
65 FR 61773, Oct. 17, 2000]



Sec. 60.621  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
same meaning given them in the Act and in subpart A of this part.
    Cartridge filter means a discrete filter unit containing both filter 
paper and activated carbon that traps and removes contaminants from 
petroleum solvent, together with the piping and ductwork used in the 
installation of this device.
    Dryer means a machine used to remove petroleum solvent from articles 
of clothing or other textile or leather goods, after washing and 
removing of excess petroleum solvent, together with the piping and 
ductwork used in the installation of this device.
    Manufacturers' rated dryer capacity means the dryer's rated capacity 
of articles, in pounds or kilograms of clothing articles per load, dry 
basis, that is typically found on each dryer on the manufacturer's name-
plate or in the manufacturer's equipment specifications.
    Perceptible leaks means any petroleum solvent vapor or liquid leaks 
that are conspicuous from visual observation or that bubble after 
application of a soap solution, such as pools or droplets of liquid, 
open containers or solvent, or solvent laden waste standing open to the 
atmosphere.
    Petroleum dry cleaner means a dry cleaning facility that uses 
petroleum solvent in a combination of washers, dryers, filters, stills, 
and settling tanks.
    Settling tank means a container that gravimetrically separates oils, 
grease, and dirt from petroleum solvent, together with the piping and 
ductwork used in the installation of this device.
    Solvent filter means a discrete solvent filter unit containing a 
porous medium that traps and removes contaminants from petroleum 
solvent, together with the piping and ductwork used in the installation 
of this device.
    Solvent recovery dryer means a class of dry cleaning dryers that 
employs a condenser to condense and recover solvent vapors evaporated in 
a closed-loop stream of heated air, together with the piping and 
ductwork used in the installation of this device.
    Still means a device used to volatilize, separate, and recover 
petroleum solvent from contaminated solvent, together with the piping 
and ductwork used in the installation of this device.
    Washer means a machine which agitates fabric articles in a petroleum 
solvent bath and spins the articles to remove the solvent, together with 
the piping and ductwork used in the installation of this device.



Sec. 60.622  Standards for volatile organic compounds.

    (a) Each affected petroleum solvent dry cleaning dryer that is 
installed at

[[Page 670]]

a petroleum dry cleaning plant after December 14, 1982, shall be a 
solvent recovery dryer. The solvent recovery dryer(s) shall be properly 
installed, operated, and maintained.
    (b) Each affected petroleum solvent filter that is installed at a 
petroleum dry cleaning plant after December 14, 1982, shall be a 
cartridge filter. Cartridge filters shall be drained in their sealed 
housings for at least 8 hours prior to their removal
    (c) Each manufacturer of an affected petroleum solvent dryer shall 
include leak inspection and leak repair cycle information in the 
operating manual and on a clearly visible label posted on each affected 
facility. Such information should state:

    To protect against fire hazards, loss of valuable solvents, and 
emissions of solvent to the atmosphere, periodic inspection of this 
equipment for evidence of leaks and prompt repair of any leaks is 
recommended. The U.S. Environmental Protection Agency recommends that 
the equipment be inspected every 15 days and all vapor or liquid leaks 
be repaired within the subsequent 15 day period.

[49 FR 37331, Sept. 21, 1984, as amended at 50 FR 49026, Nov. 27, 1985]



Sec. 60.623  Equivalent equipment and procedures.

    (a) Upon written application from any person, the Administrator may 
approve the use of equipment or procedures that have been demonstrated 
to his satisfaction to be equivalent, in terms of reducing VOC emissions 
to the atmosphere, to those prescribed for compliance within a specified 
paragraph of this subpart. The application must contain a complete 
description of the equipment or procedure; the testing method; the date, 
time and location of the test; and a description of the test results. 
Written applications shall be submitted to the Administrator, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (b) The Administrator will make a preliminary determination of 
whether or not the application for equivalency is approvable and will 
publish a notice of these findings in the Federal Register. After notice 
and opportunity for public hearing, the Administrator will publish the 
final determination in the Federal Register.



Sec. 60.624  Test methods and procedures.

    Each owner or operator of an affected facility subject to the 
provisions of Sec. 60.622(a) shall perform an initial test to verify 
that the flow rate of recovered solvent from the solvent recovery dryer 
at the termination of the recovery cycle is no greater than 0.05 liters 
per minute. This test shall be conducted for a duration of no less than 
2 weeks during which no less than 50 percent of the dryer loads shall be 
monitored for their final recovered solvent flow rate. The suggested 
point for measuring the flow rate of recovered solvent is the outlet of 
the solvent-water separator. Near the end of the recovery cycle, the 
entire flow of recovered solvent should be diverted to a graduated 
cylinder. As the recovered solvent collects in the graduated cylinder, 
the elapsed time is monitored and recorded in periods of greater than or 
equal to 1 minute. At the same time, the volume of solvent in the 
graduated cylinder is monitored and recorded to determine the volume of 
recovered solvent that is collected during each time period. The 
recovered solvent flow rate is calculated by dividing the volume of 
solvent collected per period by the length of time elapsed during the 
period and converting the result with appropriate factors into units of 
liters per minute. The recovery cycle and the monitoring procedure 
should continue until the flow rate of solvent is less than or equal to 
0.05 liter per minute. The type of articles cleaned and the total length 
of the cycle should then be recorded.

[49 FR 37331, Sept. 21, 1984, as amended at 65 FR 61773, Oct. 17, 2000]



Sec. 60.625  Recordkeeping requirements.

    Each owner or operator of an affected facility subject to the 
provisions of this subpart shall maintain a record of the performance 
test required under Sec. 60.624.

[[Page 671]]



  Subpart KKK_Standards of Performance for Equipment Leaks of VOC From 
                 Onshore Natural Gas Processing Plants.

    Source: 50 FR 26124, June 24, 1985, unless otherwise noted.



Sec. 60.630  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in onshore natural gas processing plants.
    (2) A compressor in VOC service or in wet gas service is an affected 
facility.
    (3) The group of all equipment except compressors (definied in Sec. 
60.631) within a process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 
20, 1984, is subject to the requirements of this subpart.
    (c) Addition or replacement of equipment (defined in Sec. 60.631) 
for the purpose of process improvement that is accomplished without a 
capital expenditure shall not by itself be considered a modification 
under this subpart.
    (d) Facilities covered by subpart VV or subpart GGG of 40 CFR part 
60 are excluded from this subpart.
    (e) A compressor station, dehydration unit, sweetening unit, 
underground storage tank, field gas gathering system, or liquefied 
natural gas unit is covered by this subpart if it is located at an 
onshore natural gas processing plant. If the unit is not located at the 
plant site, then it is exempt from the provisions of this subpart.



Sec. 60.631  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A or subpart VV of part 60; 
and the following terms shall have the specific meanings given them.
    Alaskan North Slope means the approximately 69,000 square-mile area 
extending from the Brooks Range to the Arctic Ocean.
    Equipment means each pump, pressure relief device, open-ended valve 
or line, valve, compressor, and flange or other connector that is in VOC 
service or in wet gas service, and any device or system required by this 
subpart.
    Field gas means feedstock gas entering the natural gas processing 
plant.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.485(e) or Sec. 
60.633(h)(2).
    In wet gas service means that a piece of equipment contains or 
contacts the field gas before the extraction step in the process.
    Natural gas liquids means the hydrocarbons, such as ethane, propane, 
butane, and pentane, that are extracted from field gas.
    Natural gas processing plant (gas plant) means any processing site 
engaged in the extraction of natural gas liquids from field gas, 
fractionation of mixed natural gas liquids to natural gas products, or 
both.
    Nonfractionating plant means any gas plant that does not fractionate 
mixed natural gas liquids into natural gas products.
    Onshore means all facilities except those that are located in the 
territorial seas or on the outer continental shelf.
    Process unit means equipment assembled for the extraction of natural 
gas liquids from field gas, the fractionation of the liquids into 
natural gas products, or other operations associated with the processing 
of natural gas products. A process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient storage 
facilities for the products.
    Reciprocating compressor means a piece of equipment that increases 
the pressure of a process gas by positive displacement, employing linear 
movement of the driveshaft.



Sec. 60.632  Standards.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of Sec. Sec. 60.482-1 (a), (b), and 
(d) and 60.482-2 through 60.482-10, except as provided in Sec. 60.633, 
as soon as practicable, but no later than 180 days after initial 
startup.
    (b) An owner or operator may elect to comply with the requirements 
of Sec. Sec. 60.483-1 and 60.483-2.

[[Page 672]]

    (c) An owner or operator may apply to the Administrator for 
permission to use an alternative means of emission limitation that 
achieves a reduction in emissions of VOC at least equivalent to that 
achieved by the controls required in this subpart. In doing so, the 
owner or operator shall comply with requirements of Sec. 60.634 of this 
subpart.
    (d) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions of Sec. 60.485 except as provided in 
Sec. 60.633(f) of this subpart.
    (e) Each owner or operator subject to the provisions of this subpart 
shall comply with the provisions of Sec. Sec. 60.486 and 60.487 except 
as provided in Sec. Sec. 60.633, 60.635, and 60.636 of this subpart.
    (f) An owner or operator shall use the following provision instead 
of Sec. 60.485(d)(1): Each piece of equipment is presumed to be in VOC 
service or in wet gas service unless an owner or operator demonstrates 
that the piece of equipment is not in VOC service or in wet gas service. 
For a piece of equipment to be considered not in VOC service, it must be 
determined that the VOC content can be reasonably expected never to 
exceed 10.0 percent by weight. For a piece of equipment to be considered 
in wet gas service, it must be determined that it contains or contacts 
the field gas before the extraction step in the process. For purposes of 
determining the percent VOC content of the process fluid that is 
contained in or contacts a piece of equipment, procedures that conform 
to the methods described in ASTM E169-63, 77, or 93, E168-67, 77, or 92, 
or E260-73, 91, or 96 (incorporated by reference as specified in Sec. 
60.17) shall be used.

[50 FR 26124, June 24, 1985, as amended at 65 FR 61773, Oct. 17, 2000]



Sec. 60.633  Exceptions.

    (a) Each owner or operator subject to the provisions of this subpart 
may comply with the following exceptions to the provisions of subpart 
VV.
    (b)(1) Each pressure relief device in gas/vapor service may be 
monitored quarterly and within 5 days after each pressure release to 
detect leaks by the methods specified in Sec. 60.485(b) except as 
provided in Sec. 60.632(c), paragraph (b)(4) of this section, and Sec. 
60.482-4 (a) through (c) of subpart VV.
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3)(i) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (4)(i) Any pressure relief device that is located in a 
nonfractionating plant that is monitored only by nonplant personnel may 
be monitored after a pressure release the next time the monitoring 
personnel are on site, instead of within 5 days as specified in 
paragraph (b)(1) of this section and Sec. 60.482-4(b)(1) of subpart VV.
    (ii) No pressure relief device described in paragraph (b)(4)(i) of 
this section shall be allowed to operate for more than 30 days after a 
pressure release without monitoring.
    (c) Sampling connection systems are exempt from the requirements of 
Sec. 60.482-5.
    (d) Pumps in light liquid service, valves in gas/vapor and light 
liquid service, and pressure relief devices in gas/vapor service that 
are located at a nonfractionating plant that does not have the design 
capacity to process 283,200 standard cubic meters per day (scmd) (10 
million standard cubic feet per day) or more of field gas are exempt 
from the routine monitoring requirements of Sec. Sec. 60.482-2(a)(1) 
and 60.482-7(a), and paragraph (b)(1) of this section.
    (e) Pumps in light liquid service, valves in gas/vapor and light 
liquid service, and pressure relief devices in gas/vapor service within 
a process unit that is located in the Alaskan North Slope are exempt 
from the routine monitoring requirements of Sec. Sec. 60.482-2(a)(1), 
60.482-7(a), and paragraph (b)(1) of this section.
    (f) Reciprocating compressors in wet gas service are exempt from the 
compressor control requirements of Sec. 60.482-3.
    (g) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 60.18.

[[Page 673]]

    (h) An owner or operator may use the following provisions instead of 
Sec. 60.485(e):
    (1) Equipment is in heavy liquid service if the weight percent 
evaporated is 10 percent or less at 150 [deg]C (302 [deg]F) as 
determined by ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by 
reference as specified in Sec. 60.17).
    (2) Equipment is in light liquid service if the weight percent 
evaporated is greater than 10 percent at 150 [deg]C (302 [deg]F) as 
determined by ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by 
reference as specified in Sec. 60.17).

[50 FR 26124, June 24, 1985, as amended at 51 FR 2702, Jan. 21, 1986; 65 
FR 61773, Oct. 17, 2000]



Sec. 60.634  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in VOC emissions at least 
equivalent to the reduction in VOC emissions achieved under any design, 
equipment, work practice or operational standard, the Administrator will 
publish, in the Federal Register a notice permitting the use of that 
alternative means for the purpose of compliance with that standard. The 
notice may condition permission on requirements related to the operation 
and maintenance of the alternative means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after notice and an opportunity for a public hearing.
    (c) The Administrator will consider applications under this section 
from either owners or operators of affected facilities, or manufacturers 
of control equipment.
    (d) The Administrator will treat applications under this section 
according to the following criteria, except in cases where he concludes 
that other criteria are appropriate:
    (1) The applicant must collect, verify and submit test data, 
covering a period of at least 12 months, necessary to support the 
finding in paragraph (a) of this section.
    (2) If the applicant is an owner or operator of an affected 
facility, he must commit in writing to operate and maintain the 
alternative means so as to achieve a reduction in VOC emissions at least 
equivalent to the reduction in VOC emissions achieved under the design, 
equipment, work practice or operational standard.



Sec. 60.635  Recordkeeping requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of paragraphs (b) and (c) of this 
section in addition to the requirements of Sec. 60.486.
    (b) The following recordkeeping requirements shall apply to pressure 
relief devices subject to the requirements of Sec. 60.633(b)(1) of this 
subpart.
    (1) When each leak is detected as specified in Sec. 60.633(b)(2), a 
weatherproof and readily visible identification, marked with the 
equipment identification number, shall be attached to the leaking 
equipment. The identification on the pressure relief device may be 
removed after it has been repaired.
    (2) When each leak is detected as specified in Sec. 60.633(b)(2), 
the following information shall be recorded in a log and shall be kept 
for 2 years in a readily accessible location:
    (i) The instrument and operator identification numbers and the 
equipment identification number.
    (ii) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (iii) Repair methods applied in each attempt to repair the leak.
    (iv) ``Above 10,000 ppm'' if the maximum instrument reading measured 
by the methods specified in paragraph (a) of this section after each 
repair attempt is 10,000 ppm or greater.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (vi) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (vii) The expected date of successful repair of the leak if a leak 
is not repaired within 15 days.
    (viii) Dates of process unit shutdowns that occur while the 
equipment is unrepaired.
    (ix) The date of successful repair of the leak.

[[Page 674]]

    (x) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of Sec. 
60.482-4(a). The designation of equipment subject to the provisions of 
Sec. 60.482-4(a) shall be signed by the owner or operator.
    (c) An owner or operator shall comply with the following requirement 
in addition to the requirement of Sec. 60.486(j): Information and data 
used to demonstrate that a reciprocating compressor is in wet gas 
service to apply for the exemption in Sec. 60.633(f) shall be recorded 
in a log that is kept in a readily accessible location.



Sec. 60.636  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of paragraphs (b) and (c) of this 
section in addition to the requirements of Sec. 60.487.
    (b) An owner or operator shall include the following information in 
the initial semiannual report in addition to the information required in 
Sec. 60.487(b) (1)-(4): Number of pressure relief devices subject to 
the requirements of Sec. 60.633(b) except for those pressure relief 
devices designated for no detectable emissions under the provisions of 
Sec. 60.482-4(a) and those pressure relief devices complying with Sec. 
60.482-4(c).
    (c) An owner or operator shall include the following information in 
all semiannual reports in addition to the information required in Sec. 
60.487(c)(2) (i) through (vi):
    (1) Number of pressure relief devices for which leaks were detected 
as required in Sec. 60.633(b)(2) and
    (2) Number of pressure relief devices for which leaks were not 
repaired as required in Sec. 60.633(b)(3).



Subpart LLL_Standards of Performance for Onshore Natural Gas Processing: 
                           SO[bdi2] Emissions

    Source: 50 FR 40160, Oct. 1, 1985, unless otherwise noted.



Sec. 60.640  Applicability and designation of affected facilities.

    (a) The provisions of this subpart are applicable to the following 
affected facilities that process natural gas: each sweetening unit, and 
each sweetening unit followed by a sulfur recovery unit.
    (b) Facilities that have a design capacity less than 2 long tons per 
day (LT/D) of hydrogen sulfide (H2S) in the acid gas 
(expressed as sulfur) are required to comply with Sec. 60.647(c) but 
are not required to comply with Sec. Sec. 60.642 through 60.646.
    (c) The provisions of this subpart are applicable to facilities 
located on land and include facilities located onshore which process 
natural gas produced from either onshore or offshore wells.
    (d) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section which commences construction 
or modification after January 20, 1984.
    (e) The provisions of this subpart do not apply to sweetening 
facilities producing acid gas that is completely reinjected into oil-or-
gas-bearing geologic strata or that is otherwise not released to the 
atmosphere.



Sec. 60.641  Definitions.

    All terms used in this subpart not defined below are given the 
meaning in the Act and in subpart A of this part.
    Acid gas means a gas stream of hydrogen sulfide (H2S) and 
carbon dioxide (CO2) that has been separated from sour 
natural gas by a sweetening unit.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
nonhydrocarbon gases found in geologic formations beneath the earth's 
surface. The principal hydrocarbon constituent is methane.
    Onshore means all facilities except those that are located in the 
territorial seas or on the outercontinental shelf.
    Reduced sulfur compounds means H2S, carbonyl sulfide 
(COS), and carbon disulfide (CS2).
    Sulfur production rate means the rate of liquid sulfur accumulation 
from the sulfur recovery unit.
    Sulfur recovery unit means a process device that recovers element 
sulfur from acid gas.
    Sweetening unit means a process device that separates the 
H2S and CO2 contents from the sour natural gas 
stream.
    Total SO2 equivalents means the sum of volumetric or mass 
concentrations

[[Page 675]]

of the sulfur compounds obtained by adding the quantity existing as 
SO2 to the quantity of SO2 that would be obtained 
if all reduced sulfur compounds were converted to SO2 (ppmv 
or kg/dscm (lb/dscf)).

EThe sulfur emission rate expressed as elemental sulfur, kilograms per 
hour (kg/hr) [pounds per hour (lb/hr)], rounded to one decimal place.
RThe sulfur emission reduction efficiency achieved in percent, carried 
to one decimal place.
SThe sulfur production rate, kilograms per hour (kg/hr) [pounds per hour 
(lb/hr)], rounded to one decimal place.
XThe sulfur feed rate from the sweetening unit (i.e., the H2S 
in the acid gas), expressed as sulfur, Mg/D(LT/D), rounded to one 
decimal place.
YThe sulfur content of the acid gas from the sweetening unit, expressed 
as mole percent H2S (dry basis) rounded to one decimal place.
ZThe minimum required sulfur dioxide (SO2) emission reduction 
efficiency, expressed as percent carried to one decimal place. 
Zi refers to the reduction efficiency required at the initial 
performance test. Zc refers to the reduction efficiency 
required on a continuous basis after compliance with Zi has 
been demonstrated.

[50 FR 40160, Oct. 1, 1985, as amended at 65 FR 61773, Oct. 17, 2000]



Sec. 60.642  Standards for sulfur dioxide.

    (a) During the initial performance test required by Sec. 60.8(b), 
each owner or operator shall achieve at a minimum, an SO2 
emission reduction efficiency (Zi) to be determined from 
table 1 based on the sulfur feed rate (X) and the sulfur content of the 
acid gas (Y) of the affected facility.
    (b) After demonstrating compliance with the provisions of paragraph 
(a) of this section, the owner or operator shall achieve at a minimum, 
an SO2 emission reduction efficiency (Zc) to be 
determined from table 2 based on the sulfur feed rate (X) and the sulfur 
content of the acid gas (Y) of the affected facility.

[[Page 676]]

[GRAPHIC] [TIFF OMITTED] TC01JN92.054



Sec. 60.643  Compliance provisions.

    (a)(1) To determine compliance with the standards for sulfur dioxide 
specified in Sec. 60.642(a), during the initial performance test as 
required by Sec. 60.8, the

[[Page 677]]

minimum required sulfur dioxide emission reduction efficiency (Z) is 
compared to the emission reduction efficiency (R) achieved by the sulfur 
recovery technology.
    (i) If R = Zi, the affected facility is in 
compliance.
    (ii) If R < Zi, the affected facility is not in 
compliance.
    (2) Following the initial determination of compliance as required by 
Sec. 60.8, any subsequent compliance determinations that may be 
required by the Administrator would compare R to Zc.
    (b) The emission reduction efficiency (R) achieved by the sulfur 
reduction technology shall be determined using the procedures in Sec. 
60.644(c)(1).

[50 FR 40160, Oct. 1, 1985, as amended at 54 FR 6679, Feb. 14, 1989]



Sec. 60.644  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in paragraph Sec. 
60.8(b).
    (b) During a performance test required by Sec. 60.8, the owner or 
operator shall determine the minimum required reduction efficiencies (Z) 
of SO2 emissions as required in Sec. 60.642 (a) and (b) as 
follows:
    (1) The average sulfur feed rate (X) shall be computed as follows:
    [GRAPHIC] [TIFF OMITTED] TR17OC00.030
    
Where:

X = average sulfur feed rate, Mg/D (LT/D).
Qa = average volumetric flow rate of acid gas from sweetening 
unit, dscm/day (dscf/day).
Y = average H2S concentration in acid gas feed from 
sweetening unit, percent by volume, expressed as a decimal.
K = (32 kg S/kg-mole)/((24.04 dscm/kg-mole)(1000 kg S/ Mg)) = 1.331 x 
10-3 Mg/dscm, for metric units
    = (32 lb S/lb-mole)/((385.36 dscf/lb-mole)(2240 lb S/long ton))
    = 3.707 x 10-5 long ton/dscf, for English units.

    (2) The continuous readings from the process flowmeter shall be used 
to determine the average volumetric flow rate (Qa) in dscm/
day (dscf/day) of the acid gas from the sweetening unit for each run.
    (3) The Tutwiler procedure in Sec. 60.648 or a chromatographic 
procedure following ASTM E-260 (incorporated by reference--see Sec. 
60.17) shall be used to determine the H2S concentration in 
the acid gas feed from the sweetening unit. At least one sample per hour 
(at equally spaced intervals) shall be taken during each 4-hour run. The 
arithmetic mean of all samples shall be the average H2S 
concentration (Y) on a dry basis for the run. By multiplying the result 
from the Tutwiler procedure by 1.62 x 10-3, the units gr/100 
scf are converted to volume percent.
    (4) Using the information from paragraphs (b) (1) and (3), tables 1 
and 2 shall be used to determine the required initial (Zi) 
and continuous (Zc) reduction efficiencies of SO2 
emissions.
    (c) The owner or operator shall determine compliance with the 
SO2 standards in Sec. 60.642 (a) or (b) as follows:
    (1) The emission reduction efficiency (R) achieved by the sulfur 
recovery technology shall be computed for each run using the following 
equation:

R=(100 S)/(S+E)

    (2) The level indicators or manual soundings shall be used to 
measure the liquid sulfur accumulation rate in the product storage 
tanks. Readings taken at the beginning and end of each run, the tank 
geometry, sulfur density at the storage temperature, and sample duration 
shall be used to determine the sulfur production rate (S) in kg/hr (lb/
hr) for each run.
    (3) The emission rate of sulfur shall be computed for each run as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.031

Where:

E = emission rate of sulfur per run, kg/hr.
Ce = concentration of sulfur equivalent (SO2 + 
reduced sulfur), g/dscm (lb/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
hr).
K1 = conversion factor, 1000 g/kg (7000 gr/lb).

    (4) The concentration (Ce) of sulfur equivalent shall be 
the sum of the SO2 and TRS concentrations, after being 
converted to sulfur equivalents. For each run and each of the test 
methods specified in this paragraph (c) of this section, the sampling 
time shall be at

[[Page 678]]

least 4 hours. Method 1 shall be used to select the sampling site. The 
sampling point in the duct shall be at the centroid of the cross-section 
if the area is less than 5 m\2\ (54 ft\2\) or at a point no closer to 
the walls than 1 m (39 in.) if the cross-sectional area is 5 m\2\ or 
more, and the centroid is more than 1 m (39 in.) from the wall.
    (i) Method 6 shall be used to determine the SO2 
concentration. Eight samples of 20 minutes each shall be taken at 30-
minute intervals. The arithmetic average shall be the concentration for 
the run. The concentration shall be multiplied by 0.5 x 10-3 
to convert the results to sulfur equivalent.
    (ii) Method 15 shall be used to determine the TRS concentration from 
reduction-type devices or where the oxygen content of the effluent gas 
is less than 1.0 percent by volume. The sampling rate shall be at least 
3 liters/min (0.1 ft\3\/min) to insure minimum residence time in the 
sample line. Sixteen samples shall be taken at 15-minute intervals. The 
arithmetic average of all the samples shall be the concentration for the 
run. The concentration in ppm reduced sulfur as sulfur shall be 
multiplied by 1.333 x 10-3 to convert the results to sulfur 
equivalent.
    (iii) Method 16A or 15 shall be used to determine the reduced sulfur 
concentration from oxidation-type devices or where the oxygen content of 
the effluent gas is greater than 1.0 percent by volume. Eight samples of 
20 minutes each shall be taken at 30-minute intervals. The arithmetic 
average shall be the concentration for the run. The concentration in ppm 
reduced sulfur as sulfur shall be multiplied by 1.333 x 10-3 
to convert the results to sulfur equivalent.
    (iv) Method 2 shall be used to determine the volumetric flow rate of 
the effluent gas. A velocity traverse shall be conducted at the 
beginning and end of each run. The arithmetic average of the two 
measurements shall be used to calculate the volumetric flow rate 
(Qsd) for the run. For the determination of the effluent gas 
molecular weight, a single integrated sample over the 4-hour period may 
be taken and analyzed or grab samples at 1-hour intervals may be taken, 
analyzed, and averaged. For the moisture content, two samples of at 
least 0.10 dscm (3.5 dscf) and 10 minutes shall be taken at the 
beginning of the 4-hour run and near the end of the time period. The 
arithmetic average of the two runs shall be the moisture content for the 
run.
    (d) To comply with Sec. 60.646(d), the owner or operator shall 
obtain the information required by using the monitoring devices in 
paragraph (b) or (c) of this section.

[54 FR 6679, Feb. 14, 1989, as amended at 65 FR 61773, Oct. 17, 2000]



Sec. 60.645  [Reserved]



Sec. 60.646  Monitoring of emissions and operations.

    (a) The owner or operator subject to the provisions of Sec. 60.642 
(a) or (b) shall install, calibrate, maintain, and operate monitoring 
devices or perform measurements to determine the following operations 
information on a daily basis:
    (1) The accumulation of sulfur product over each 24-hour period: The 
monitoring method may incorporate the use of an instrument to measure 
and record the liquid sulfur production rate, or may be a procedure for 
measuring and recording the sulfur liquid levels in the storage tanks 
with a level indicator or by manual soundings, with subsequent 
calculation of the sulfur production rate based on the tank geometry, 
stored sulfur density, and elapsed time between readings. The method 
shall be designed to be accurate within 2 percent 
of the 24-hour sulfur accumulation.
    (2) The H2S concentration in the acid gas from the 
sweetening unit for each 24-hour period: At least one sample per 24-hour 
period shall be collected and analyzed using the method specified in 
Sec. 60.644(b)(1). The Administrator may require the owner or operator 
to demonstrate that the H2S concentration obtained from one 
or more samples over a 24-hour period is within 20 
percent of the average of 12 samples collected at equally spaced 
intervals during the 24-hour period. In instances where the 
H2S concentration of a single sample is not within 20 percent of the

[[Page 679]]

average of the 12 equally spaced samples, the Administrator may require 
a more frequent sampling schedule.
    (3) The average acid gas flow rate from the sweetening unit: The 
owner or operator shall install and operate a monitoring device to 
continuously measure the flow rate of acid gas. The monitoring device 
reading shall be recorded at least once per hour during each 24-hour 
period. The average acid gas flow rate shall be computed from the 
individual readings.
    (4) The sulfur feed rate (X): For each 24-hour period, X shall be 
computed using the equation in Sec. 60.644(b)(3).
    (5) The required sulfur dioxide emission reduction efficiency for 
the 24-hour period: The sulfur feed rate and the H2S 
concentration in the acid gas for the 24-hour period as applicable, 
shall be used to determine the required reduction efficiency in 
accordance with the provisions of Sec. 60.642(b).
    (b) Where compliance is achieved through the use of an oxidation 
control system or a reduction control system followed by a continually 
operated incineration device, the owner or operator shall install, 
calibrate, maintain, and operate monitoring devices and continuous 
emission monitors as follows:
    (1) A continuous monitoring system to measure the total sulfur 
emission rate (E) of SO2 in the gases discharged to the 
atmosphere. The SO2 emission rate shall be expressed in terms 
of equivalent sulfur mass flow rates (kg/hr (lb/hr)). The span of this 
monitoring system shall be set so that the equivalent emission limit of 
Sec. 60.642(b) will be between 30 percent and 70 percent of the 
measurement range of the instrument system.
    (2) Except as provided in paragraph (b)(3) of this section: A 
monitoring device to measure the temperature of the gas leaving the 
combustion zone of the incinerator, if compliance with Sec. 60.642(a) 
is achieved through the use of an oxidation control system or a 
reduction control system followed by a continually operated incineration 
device. The monitoring device shall be certified by the manufacturer to 
be accurate to within 1 percent of the temperature 
being measured.

When performance tests are conducted under the provision of Sec. 60.8 
to demonstrate compliance with the standards under Sec. 60.642, the 
temperature of the gas leaving the incinerator combustion zone shall be 
determined using the monitoring device. If the volumetric ratio of 
sulfur dioxide to sulfur dioxide plus total reduced sulfur (expressed as 
SO2) in the gas leaving the incinerator is <=0.98, then 
temperature monitoring may be used to demonstrate that sulfur dioxide 
emission monitoring is sufficient to determine total sulfur emissions. 
At all times during the operation of the facility, the owner or operator 
shall maintain the average temperature of the gas leaving the combustion 
zone of the incinerator at or above the appropriate level determined 
during the most recent performance test to ensure the sulfur compound 
oxidation criteria are met. Operation at lower average temperatures may 
be considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility. The owner or operator may request 
that the minimum incinerator temperature be reestablished by conducting 
new performance tests under Sec. 60.8.
    (3) Upon promulgation of a performance specification of continuous 
monitoring systems for total reduced sulfur compounds at sulfur recovery 
plants, the owner or operator may, as an alternative to paragraph (b)(2) 
of this section, install, calibrate, maintain, and operate a continuous 
emission monitoring system for total reduced sulfur compounds as 
required in paragraph (d) of this section in addition to a sulfur 
dioxide emission monitoring system. The sum of the equivalent sulfur 
mass emission rates from the two monitoring systems shall be used to 
compute the total sulfur emission rate (E).
    (c) Where compliance is achieved through the use of a reduction 
control system not followed by a continually operated incineration 
device, the owner or operator shall install, calibrate, maintain, and 
operate a continuous monitoring system to measure the emission rate of 
reduced sulfur compounds as SO2 equivalent in the gases 
discharged to the atmosphere. The SO2 equivalent compound 
emission

[[Page 680]]

rate shall be expressed in terms of equivalent sulfur mass flow rates 
(kg/hr (lb/hr)). The span of this monitoring system shall be set so that 
the equivalent emission limit of Sec. 60.642(b) will be between 30 and 
70 percent of the measurement range of the system. This requirement 
becomes effective upon promulgation of a performance specification for 
continuous monitoring systems for total reduced sulfur compounds at 
sulfur recovery plants.
    (d) For those sources required to comply with paragraph (b) or (c) 
of this section, the average sulfur emission reduction efficiency 
achieved (R) shall be calculated for each 24-hour clock internal. The 
24-hour interval may begin and end at any selected clock time, but must 
be consistent. The 24-hour average reduction efficiency (R) shall be 
computed based on the 24-hour average sulfur production rate (S) and 
sulfur emission rate (E), using the equation in Sec. 60.644(c)(1).
    (1) Data obtained from the sulfur production rate monitoring device 
specified in paragraph (a) of this section shall be used to determine S.
    (2) Data obtained from the sulfur emission rate monitoring systems 
specified in paragraphs (b) or (c) of this section shall be used to 
calculate a 24-hour average for the sulfur emission rate (E). The 
monitoring system must provide at least one data point in each 
successive 15-minute interval. At least two data points must be used to 
calculate each 1-hour average. A minimum of 18 1-hour averages must be 
used to compute each 24-hour average.
    (e) In lieu of complying with (b) or (c) of this section, those 
sources with a design capacity of less than 152 Mg/D (150 LT/D) of 
H2S expressed as sulfur may calculate the sulfur emission 
reduction efficiency achieved for each 24-hour period by:
[GRAPHIC] [TIFF OMITTED] TR17OC00.032

Where:

R = The sulfur dioxide removal efficiency achieved during the 24-hour 
period, percent.
K2 = Conversion factor, 0.02400 Mg/D per kg/hr (0.01071 LT/D 
per lb/hr).
S = The sulfur production rate during the 24-hour period, kg/hr (lb/hr).
X = The sulfur feed rate in the acid gas, Mg/D (LT/D).

    (f) The monitoring devices required in paragraphs (b)(1), (b)(3) and 
(c) of this section shall be calibrated at least annually according to 
the manufacturer's specifications, as required by Sec. 60.13(b).
    (g) The continuous emission monitoring systems required in 
paragraphs (b)(1), (b)(3), and (c) of this section shall be subject to 
the emission monitoring requirements of Sec. 60.13 of the General 
Provisions. For conducting the continuous emission monitoring system 
performance evaluation required by Sec. 60.13(c), Performance 
Specification 2 shall apply, and Method 6 shall be used for systems 
required by paragraph (b) of this section.

[50 FR 40160, Oct. 1, 1985, as amended at 54 FR 6680, Feb. 14, 1989; 65 
FR 61774, Oct. 17, 2000]



Sec. 60.647  Recordkeeping and reporting requirements.

    (a) Records of the calculations and measurements required in Sec. 
60.642 (a) and (b) and Sec. 60.646 (a) through (g) must be retained for 
at least 2 years following the date of the measurements by owners and 
operators subject to this subpart. This requirement is included under 
Sec. 60.7(d) of the General Provisions.
    (b) Each owner or operator shall submit a written report of excess 
emissions to the Administrator semiannually. For the purpose of these 
reports, excess emissions are defined as:
    (1) Any 24-hour period (at consistent intervals) during which the 
average sulfur emission reduction efficiency (R) is less than the 
minimum required efficiency (Z).
    (2) For any affected facility electing to comply with the provisions 
of Sec. 60.646(b)(2), any 24-hour period during which the average 
temperature of the gases leaving the combustion zone of an incinerator 
is less than the appropriate operating temperature as determined during 
the most recent performance test in accordance with the provisions of 
Sec. 60.646(b)(2). Each 24-hour period must consist of at least 96 
temperature measurements equally spaced over the 24 hours.
    (c) To certify that a facility is exempt from the control 
requirements of

[[Page 681]]

these standards, each owner or operator of a facility with a design 
capacity less that 2 LT/D of H2S in the acid gas (expresssed 
as sulfur) shall keep, for the life of the facility, an analysis 
demonstrating that the facility's design capacity is less than 2 LT/D of 
H2S expressed as sulfur.
    (d) Each owner or operator who elects to comply with Sec. 60.646(e) 
shall keep, for the life of the facility, a record demonstrating that 
the facility's design capacity is less than 150 LT/D of H2S 
expressed as sulfur.
    (e) The requirements of paragraph (b) of this section remain in 
force until and unless EPA, in delegating enforcement authority to a 
State under section 111(c) of the Act, approves reporting requirements 
or an alternative means of compliance surveillance adopted by such 
State. In that event, affected sources within the State will be relieved 
of obligation to comply with paragraph (b) of this section, provided 
that they comply with the requirements established by the State.



Sec. 60.648  Optional procedure for measuring hydrogen sulfide in acid gas--
Tutwiler Procedure. \1\
---------------------------------------------------------------------------

    \1\ Gas Engineers Handbook, Fuel Gas Engineering Practices, The 
Industrial Press, 93 Worth Street, New York, NY, 1966, First Edition, 
Second Printing, page 6/25 (Docket A-80-20-A, Entry II-I-67).
---------------------------------------------------------------------------

    (a) When an instantaneous sample is desired and H2S 
concentration is ten grains per 1000 cubic foot or more, a 100 ml 
Tutwiler burette is used. For concentrations less than ten grains, a 500 
ml Tutwiler burette and more dilute solutions are used. In principle, 
this method consists of titrating hydrogen sulfide in a gas sample 
directly with a standard solution of iodine.
    (b) Apparatus. (See Figure 1.) A 100 or 500 ml capacity Tutwiler 
burette, with two-way glass stopcock at bottom and three-way stopcock at 
top which connect either with inlet tubulature or glass-stoppered 
cylinder, 10 ml capacity, graduated in 0.1 ml subdivision; rubber tubing 
connecting burette with leveling bottle.
    (c) Reagents. (1) Iodine stock solution, 0.1N. Weight 12.7 g iodine, 
and 20 to 25 g cp potassium iodide for each liter of solution. Dissolve 
KI in as little water as necessary; dissolve iodine in concentrated KI 
solution, make up to proper volume, and store in glass-stoppered brown 
glass bottle.
    (2) Standard iodine solution, 1 ml=0.001771 g I. Transfer 33.7 ml of 
above 0.1N stock solution into a 250 ml volumetric flask; add water to 
mark and mix well. Then, for 100 ml sample of gas, 1 ml of standard 
iodine solution is equivalent to 100 grains H2S per cubic 
feet of gas.
    (3) Starch solution. Rub into a thin paste about one teaspoonful of 
wheat starch with a little water; pour into about a pint of boiling 
water; stir; let cool and decant off clear solution. Make fresh solution 
every few days.
    (d) Procedure. Fill leveling bulb with starch solution. Raise (L), 
open cock (G), open (F) to (A), and close (F) when solutions starts to 
run out of gas inlet. Close (G). Purge gas sampling line and connect 
with (A). Lower (L) and open (F) and (G). When liquid level is several 
ml past the 100 ml mark, close (G) and (F), and disconnect sampling 
tube. Open (G) and bring starch solution to 100 ml mark by raising (L); 
then close (G). Open (F) momentarily, to bring gas in burette to 
atmospheric pressure, and close (F). Open (G), bring liquid level down 
to 10 ml mark by lowering (L). Close (G), clamp rubber tubing near (E) 
and disconnect it from burette. Rinse graduated cylinder with a standard 
iodine solution (0.00171 g I per ml); fill cylinder and record reading. 
Introduce successive small amounts of iodine thru (F); shake well after 
each addition; continue until a faint permanent blue color is obtained. 
Record reading; subtract from previous reading, and call difference D.
    (e) With every fresh stock of starch solution perform a blank test 
as follows: introduce fresh starch solution into burette up to 100 ml 
mark. Close (F) and (G). Lower (L) and open (G). When liquid level 
reaches the 10 ml mark, close (G). With air in burette, titrate as 
during a test and up to same end point. Call ml of iodine used C. Then,

Grains H2S per 100 cubic foot of gas=100 (D--C)


[[Page 682]]


    (f) Greater sensitivity can be attained if a 500 ml capacity 
Tutwiler burette is used with a more dilute (0.001N) iodine solution. 
Concentrations less than 1.0 grains per 100 cubic foot can be determined 
in this way. Usually, the starch-iodine end point is much less distinct, 
and a blank determination of end point, with H2S-free gas or 
air, is required.
[GRAPHIC] [TIFF OMITTED] TC01JN92.055

      Figure 1. Tutwiler burette (lettered items mentioned in text)

Subpart MMM [Reserved]



Subpart NNN_Standards of Performance for Volatile Organic Compound (VOC) 
Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
                         Distillation Operations

    Source: 55 FR 26942, June 29, 1990, unless otherwise noted.



Sec. 60.660  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each affected facility 
designated in paragraph (b) of this section that is part of a process 
unit that produces any of the chemicals listed in Sec. 60.667 as a 
product, co-product, by-product, or intermediate, except as provided in 
paragraph (c).
    (b) The affected facility is any of the following for which 
construction, modification, or reconstruction commenced after December 
30, 1983:
    (1) Each distillation unit not discharging its vent stream into a 
recovery system.
    (2) Each combination of a distillation unit and the recovery system 
into which its vent stream is discharged.
    (3) Each combination of two or more distillation units and the 
common recovery system into which their vent streams are discharged.
    (c) Exemptions from the provisions of paragraph (a) of this section 
are as follows:
    (1) Any distillation unit operating as part of a process unit which 
produces coal tar or beverage alcohols, or which uses, contains, and 
produces no VOC is not an affected facility.
    (2) Any distillation unit that is subject to the provisions of 
subpart DDD is not an affected facility.
    (3) Any distillation unit that is designed and operated as a batch 
operation is not an affected facility.
    (4) Each affected facility that has a total resource effectiveness 
(TRE) index value greater than 8.0 is exempt from all provisions of this 
subpart except for Sec. Sec. 60.662; 60.664 (d), (e), and (f); and 
60.665 (h) and (l).
    (5) Each affected facility in a process unit with a total design 
capacity for all chemicals produced within that unit of less than one 
gigagram per year is exempt from all provisions of this subpart except 
for the recordkeeping and reporting requirements in paragraphs (j), 
(l)(6), and (n) of Sec. 60.665.
    (6) Each affected facility operated with a vent stream flow rate 
less than 0.008 scm/min is exempt from all provisions of this subpart 
except for the test method and procedure and the recordkeeping and 
reporting requirements in

[[Page 683]]

Sec. 60.664(g) and paragraphs (i), (l)(5), and (o) of Sec. 60.665.
    (d) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of process vents that are subject to this 
subpart may choose to comply with the provisions of 40 CFR part 65, 
subpart D, to satisfy the requirements of Sec. Sec. 60.662 through 
60.665 and 60.668. The provisions of 40 CFR part 65 also satisfy the 
criteria of paragraphs (c)(4) and (6) of this section. Other provisions 
applying to an owner or operator who chooses to comply with 40 CFR part 
65 are provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D, must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart D, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
    (3) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D, at initial startup shall comply with 
paragraphs (d)(1) and (2) of this section for each vent stream on and 
after the date on which the initial performance test is completed, but 
not later than 60 days after achieving the maximum production rate at 
which the affected facility will be operated, or 180 days after the 
initial startup, whichever date comes first.
    (4) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart D, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR 65.63(a)(1), (2), or (3), with which the 
owner or operator has elected to comply. Notification shall be submitted 
with the notifications of initial startup required by 40 CFR 65.5(b).

    [Note: The intent of these standards is to minimize the emissions of 
VOC through the application of best demonstrated technology (BDT). The 
numerical emission limits in these standards are expressed in terms of 
total organic compounds (TOC), measured as TOC less methane and ethane. 
This emission limit reflects the performance of BDT.]

[55 FR 26942, June 29, 2000, as amended at 65 FR 78279, Dec. 14, 2000]



Sec. 60.661  Definitions.

    As used in this subpart, all terms not defined here shall have the 
meaning given them in the Act and in subpart A of part 60, and the 
following terms shall have the specific meanings given them.
    Batch distillation operation means a noncontinuous distillation 
operation in which a discrete quantity or batch of liquid feed is 
charged into a distillation unit and distilled at one time. After the 
initial charging of the liquid feed, no additional liquid is added 
during the distillation operation.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam.
    By compound means by individual stream components, not carbon 
equivalents.
    Continuous recorder means a data recording device recording an 
instantaneous data value at least once every 15 minutes.
    Distillation operation means an operation separating one or more 
feed stream(s) into two or more exit stream(s), each exit stream having 
component concentrations different from those in the feed stream(s). The 
separation is achieved by the redistribution of the components between 
the liquid and vapor-phase as they approach equilibrium within the 
distillation unit.
    Distillation unit means a device or vessel in which distillation 
operations occur, including all associated internals (such as trays or 
packing) and accessories (such as reboiler, condenser, vacuum pump, 
steam jet, etc.), plus any associated recovery system.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is 
present in a vent stream.
    Halogenated vent stream means any vent stream determined to have a 
total

[[Page 684]]

concentration (by volume) of compounds containing halogens of 20 ppmv 
(by compound) or greater.
    Incinerator means any enclosed combustion device that is used for 
destroying organic compounds and does not extract energy in the form of 
steam or process heat.
    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, including all fluids except 
water that is heated to produce steam.
    Process unit means equipment assembled and connected by pipes or 
ducts to produce, as intermediates or final products, one or more of the 
chemicals in Sec. 60.667. A process unit can operate independently if 
supplied with sufficient fuel or raw materials and sufficient product 
storage facilities.
    Product means any compound or chemical listed in Sec. 60.667 that 
is produced for sale as a final product as that chemical, or for use in 
the production of other chemicals or compounds. By-products, co-
products, and intermediates are considered to be products.
    Recovery device means an individual unit of equipment, such as an 
absorber, carbon adsorber, or condenser, capable of and used for the 
purpose of recovering chemicals for use, reuse, or sale.
    Recovery system means an individual recovery device or series of 
such devices applied to the same vent stream.
    Total organic compounds (TOC) means those compounds measured 
according to the procedures in Sec. 60.664(b)(4). For the purposes of 
measuring molar composition as required in Sec. 60.664(d)(2)(i); hourly 
emissions rate as required in Sec. 60.664(d)(5) and Sec. 60.664(e); 
and TOC concentration as required in Sec. 60.665(b)(4) and Sec. 
60.665(g)(4), those compounds which the Administrator has determined do 
not contribute appreciably to the formation of ozone are to be excluded. 
The compounds to be excluded are identified in Environmental Protection 
Agency's statements on ozone abatement policy for State Implementation 
Plans (SIP) revisions (42 FR 35314; 44 FR 32042; 45 FR 32424; 45 FR 
48942).
    TRE index value means a measure of the supplemental total resource 
requirement per unit reduction of TOC associated with an individual 
distillation vent stream, based on vent stream flow rate, emission rate 
of TOC net heating value, and corrosion properties (whether or not the 
vent stream is halogenated), as quantified by the equation given under 
Sec. 60.664(e).
    Vent stream means any gas stream discharged directly from a 
distillation facility to the atmosphere or indirectly to the atmosphere 
after diversion through other process equipment. The vent stream 
excludes relief valve discharges and equipment leaks including, but not 
limited to, pumps, compressors, and valves.



Sec. 60.662  Standards.

    Each owner or operator of any affected facility shall comply with 
paragraph (a), (b), or (c) of this section for each vent stream on and 
after the date on which the initial performance test required by Sec. 
60.8 and Sec. 60.664 is completed, but not later than 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, or 180 days after the initial start-up, whichever date 
comes first. Each owner or operator shall either:
    (a) Reduce emissions of TOC (less methane and ethane) by 98 weight-
percent, or to a TOC (less methane and ethane) concentration of 20 ppmv, 
on a dry basis corrected to 3 percent oxygen, whichever is less 
stringent. If a boiler or process heater is used to comply with this 
paragraph, then the vent stream shall be introduced into the flame zone 
of the boiler or process heater; or
    (b) Combust the emissions in a flare that meets the requirements of 
Sec. 60.18; or
    (c) Maintain a TRE index value greater than 1.0 without use of VOC 
emission control devices.



Sec. 60.663  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility that uses an 
incinerator to seek to comply with the TOC emission limit specified 
under Sec. 60.662(a) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications the following equipment:
    (1) A temperature monitoring device equipped with a continuous 
recorder

[[Page 685]]

and having an accuracy of 1 percent of the 
temperature being monitored expressed in degrees Celsius or 0.5 [deg]C, whichever is greater.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) A flow indicator that provides a record of vent stream flow to 
the incinerator at least once every hour for each affected facility. The 
flow indicator shall be installed in the vent stream from each affected 
facility at a point closest to the inlet of each incinerator and before 
being joined with any other vent stream.
    (b) The owner or operator of an affected facility that uses a flare 
to seek to comply with Sec. 60.662(b) shall install, calibrate, 
maintain and operate according to manufacturer's specifications the 
following equipment:
    (1) A heat sensing device, such as an ultra-violet beam sensor or 
thermocouple, at the pilot light to indicate the continuous presence of 
a flame.
    (2) A flow indicator that provides a record of vent stream flow to 
the flare at least once every hour for each affected facility. The flow 
indicator shall be installed in the vent stream from each affected 
facility at a point closest to the flare and before being joined with 
any other vent stream.
    (c) The owner or operator of an affected facility that uses a boiler 
or process heater to seek to comply with Sec. 60.662(a) shall install, 
calibrate, maintain and operate according to the manufacturer's 
specifications the following equipment:
    (1) A flow indicator that provides a record of vent stream flow to 
the boiler or process heater at least once every hour for each affected 
facility. The flow indicator shall be installed in the vent stream from 
each distillation unit within an affected facility at a point closest to 
the inlet of each boiler or process heater and before being joined with 
any other vent stream.
    (2) A temperature monitoring device in the firebox equipped with a 
continuous recorder and having an accuracy of 1 
percent of the temperature being measured expressed in degrees Celsius 
or 0.5 [deg]C, whichever is greater, for boilers 
or process heaters of less than 44 MW (150 million Btu/hr) heat input 
design capacity.
    (d) Monitor and record the periods of operation of the boiler or 
process heater if the design heat input capacity of the boiler or 
process heater is 44 MW (150 million Btu/hr) or greater. The records 
must be readily available for inspection.
    (e) The owner or operator of an affected facility that seeks to 
comply with the TRE index value limit specified under Sec. 60.662(c) 
shall install, calibrate, maintain, and operate according to 
manufacturer's specifications the following equipment, unless 
alternative monitoring procedures or requirements are approved for that 
facility by the Administrator:
    (1) Where an absorber is the final recovery device in the recovery 
system:
    (i) A scrubbing liquid temperature monitoring device having an 
accuracy of 1 percent of the temperature being 
monitored expressed in degrees Celsius or 0.5 
[deg]C, whichever is greater, and a specific gravity monitoring device 
having an accuracy of 0.02 specific gravity units, 
each equipped with a continuous recorder, or
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infrared, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (2) Where a condenser is the final recovery device in the recovery 
system:
    (i) A condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder and having an accuracy of 1 percent of the temperature being monitored expressed 
in degrees Celsius or 0.5 [deg]C, whichever is 
greater, or
    (ii) An organic monitoring device used to monitor organic compounds 
exiting the recovery device based on a detection principle such as 
infra-red, photoionization, or thermal conductivity, each equipped with 
a continuous recorder.

[[Page 686]]

    (3) Where a carbon adsorber is the final recovery device unit in the 
recovery system:
    (i) An integrating steam flow monitoring device having an accuracy 
of 10 percent, and a carbon bed temperature 
monitoring device having an accuracy of 1 percent 
of the temperature being monitored expressed in degrees Celsius or 
0.5 [deg]C, whichever is greater, both equipped 
with a continuous recorder, or
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (f) An owner or operator of an affected facility seeking to 
demonstrate compliance with the standards specified under Sec. 60.662 
with control devices other than incinerator, boiler, process heater, or 
flare; or recovery device other than an absorber, condenser, or carbon 
adsorber shall provide to the Administrator information describing the 
operation of the control device or recovery device and the process 
parameter(s) which would indicate proper operation and maintenance of 
the device. The Administrator may request further information and will 
specify appropriate monitoring procedures or requirements.

[55 FR 26942, June 29, 1990, as amended at 65 FR 61774, Oct. 17, 2000]



Sec. 60.664  Test methods and procedures.

    (a) For the purpose of demonstrating compliance with Sec. 60.662, 
all affected facilities shall be run at full operating conditions and 
flow rates during any performance test.
    (b) The following methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used as reference methods to 
determine compliance with the emission limit or percent reduction 
efficiency specified under Sec. 60.662(a).
    (1) Method 1 or 1A, as appropriate, for selection of the sampling 
sites. The control device inlet sampling site for determination of vent 
stream molar composition or TOC (less methane and ethane) reduction 
efficiency shall be prior to the inlet of the control device and after 
the recovery system.
    (2) Method 2, 2A, 2C, or 2D, as appropriate, for determination of 
the gas volumetric flow rates.
    (3) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3 shall be used to determine the oxygen 
concentration (%O2d) for the purposes of determining 
compliance with the 20 ppmv limit. The sampling site shall be the same 
as that of the TOC samples, and the samples shall be taken during the 
same time that the TOC samples are taken.
    The TOC concentration corrected to 3 percent 02 
(Cc) shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.096

where:

Cc=Concentration of TOC corrected to 3 percent O2, 
dry basis, ppm by volume.
CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume.
%O2d=Concentration of O2, dry basis, percent by 
volume.

    (4) Method 18 to determine the concentration of TOC in the control 
device outlet and the concentration of TOC in the inlet when the 
reduction efficiency of the control device is to be determined.
    (i) The sampling time for each run shall be 1 hour in which either 
an integrated sample or four grab samples shall be taken. If grab 
sampling is used then the samples shall be taken at 15-minute intervals.
    (ii) The emission reduction (R) of TOC (minus methane and ethane) 
shall be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.097

where:

R=Emission reduction, percent by weight.
Ei=Mass rate of TOC entering the control device, kg/hr (lb/
hr).
Eo=Mass rate of TOC discharged to the atmosphere, kg/hr (lb/
hr).

    (iii) The mass rates of TOC (Ei, Eo) shall be 
computed using the following equations:

[[Page 687]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.098

where:

Cij, Coj=Concentration of sample component ``j'' 
of the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, ppm by volume.
Mij, Moj=Molecular weight of sample component 
``j'' of the gas stream at the inlet and outlet of the control device, 
respectively, g/g-mole (lb/lb-mole).
Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dscm/min (dscf/min).
K2 = 2.494 x 10-6 (1/ppm)(g-mole/scm) (kg/g) (min/
hr) (metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
    = 1.557 x 10-7 (1/ppm) (lb-mole/scf) (min/hr) (English 
units), where standard temperature for (lb-mole/scf) is 68 [deg]F.

    (iv) The TOC concentration (CTOC) is the sum of the 
individual components and shall be computed for each run using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.099

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume.
Cj=Concentration of sample components ``j'', dry basis, ppm 
by volume.
n=Number of components in the sample.

    (c) When a boiler or process heater with a design heat input 
capacity of 44 MW (150 million Btu/hour) or greater is used to seek to 
comply with Sec. 60.662(a), the requirement for an initial performance 
test is waived, in accordance with Sec. 60.8(b). However, the 
Administrator reserves the option to require testing at such other times 
as may be required, as provided for in section 114 of the Act.
    (d) When a flare is used to seek to comply with Sec. 60.662(b), the 
flare shall comply with the requirements of Sec. 60.18.
    (e) The following test methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used for determining the net 
heating value of the gas combusted to determine compliance under Sec. 
60.662(b) and for determining the process vent stream TRE index value to 
determine compliance under Sec. 60.662(c).
    (1)(i) Method 1 or 1A, as appropriate, for selection of the sampling 
site. The sampling site for the vent stream flow rate and molar 
composition determination prescribed in Sec. 60.664(e)(2) and (3) shall 
be, except for the situations outlined in paragraph (e)(1)(ii) of this 
section, prior to the inlet of any control device, prior to any post-
distillation dilution of the stream with air, and prior to any post-
distillation introduction of halogenated compounds into the process vent 
stream. No transverse site selection method is needed for vents smaller 
than 10 centimeters (4 inches) in diameter.
    (ii) If any gas stream other than the distillation vent stream from 
the affected facility is normally conducted through the final recovery 
device.
    (A) The sampling site for vent stream flow rate and molar 
composition shall be prior to the final recovery device and prior to the 
point at which the nondistillation stream is introduced.
    (B) The efficiency of the final recovery device is determined by 
measuring the TOC concentration using Method 18 at the inlet to the 
final recovery device after the introduction of any nondistillation vent 
stream and at the outlet of the final recovery device.
    (C) This efficiency is applied to the TOC concentration measured 
prior to the final recovery device and prior to the introduction of the 
nondistillation stream to determine the concentration of TOC in the 
distillation vent stream from the final recovery device. This 
concentration of TOC is then used to perform the calculations outlined 
in Sec. 60.664(e)(4) and (5).
    (2) The molar composition of the process vent stream shall be 
determined as follows:
    (i) Method 18 to measure the concentration of TOC including those 
containing halogens.
    (ii) ASTM D1946-77 or 90 (Reapproved 1994) (incorporation by 
reference as specified in Sec. 60.17 of this part) to measure the 
concentration of carbon monoxide and hydrogen.
    (iii) Method 4 to measure the content of water vapor.

[[Page 688]]

    (3) The volumetric flow rate shall be determined using Method 2, 2A, 
2C, or 2D, as appropriate.
    (4) The net heating value of the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.100

where:

HT = Net heating value of the sample, MJ/scm (Btu/scf), where 
the net enthalpy per mole of vent stream is based on combustion at 25 
[deg]C and 760 mm Hg (77 [deg]F and 30 in. Hg), but the standard 
temperature for determining the volume corresponding to one mole is 20 
[deg]C (68 [deg]F).
K1 = 1.74 x 10-7 (1/ppm) (g-mole/scm) (MJ/kcal) 
(metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
    = 1.03 x 10-11 (1/ppm) (lb-mole/scf) (Btu/kcal) (English 
units) where standard temperature for (lb/mole/scf) is 68 [deg]F.
Cj = Concentration on a wet basis of compound j in ppm, as 
measured for organics by Method 18 and measured for hydrogen and carbon 
monoxide by ASTM D1946-77 or 90 (Reapproved 1994) (incorporation by 
reference as specified in Sec. 60.17 of this part) as indicated in 
Sec. 60.664(e)(2).
Hj = Net heat of combustion of compound j, kcal/(g-mole) 
[kcal/(lb-mole)], based on combustion at 25 [deg]C and 760 mm Hg (77 
[deg]F and 30 in. Hg).

    The heats of combustion of vent stream components would be required 
to be determined using ASTM D2382-76 (incorporation by reference as 
specified in Sec. 60.17 of this part) if published values are not 
available or cannot be calculated.
    (5) The emission rate of TOC in the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.103

where:

ETOC = Measured emission rate of TOC, kg/hr (lb/hr).
K2 = 2.494x10-6 (1/ppm) (g-mole/scm) (kg/g) (min/
hr) (metric units), where standard temperature for (g-mole/scm) is 20 
[deg]C.
= 1.557 x 10-7 (1/ppm) (lb-mole/scf) (min/hr) (English 
units), where standard temperature for (lb-mole/scf) is 68 [deg]F.
Cj = Concentration on a wet basis of compound j in ppm, as 
measured by Method 18 as indicated in Sec. 60.664(e)(2).
Mj = Molecular weight of sample j, g/g-mole (lb/lb-mole).
Qs = Vent stream flow rate, scm/min (scf/min), at a 
temperature of 20 [deg]C (68 [deg]F).

    (6) The total process vent stream concentration (by volume) of 
compounds containing halogens (ppmv, by compound) shall be summed from 
the individual concentrations of compounds containing halogens which 
were measured by Method 18.
    (f) For purposes of complying with Sec. 60.662(c) the owner or 
operator of a facility affected by this subpart shall calculate the TRE 
index value of the vent stream using the equation for incineration in 
paragraph (e)(1) of this section for halogenated vent streams. The owner 
or operator of an affected facility with a nonhalogenated vent stream 
shall determine the TRE index value by calculating values using both the 
incinerator equation in (e)(1) and the flare equation in (e)(2) of this 
section and selecting the lower of the two values.
    (1) The equation for calculating the TRE index value of a vent 
stream controlled by an incinerator is as follows:
[GRAPHIC] [TIFF OMITTED] TC16NO91.104

    (i) Where for a vent stream flow rate that is greater than or equal 
to 14.2 scm/min (501 scf/min) at a standard temperature of 20 [deg]C (68 
[deg]F):

TRE = TRE index value.
Qs = Vent stream flow rate, scm/min (scf/min), at a 
temperature of 20 [deg]C (68 [deg]F).
HT = Vent stream net heating value, MJ/scm (Btu/scf), where 
the net enthalpy per mole of vent stream is based on combustion at 25 
[deg]C and 760 mm Hg (68 [deg]F and 30 in. Hg),

[[Page 689]]

but the standard temperature for determining the volume corresponding to 
one mole is 20 [deg]C (68 [deg]F) as in the definition of Qs.
Ys = Qs for all vent stream categories listed in 
table 1 except for Category E vent streams where Ys = 
QsHT/3.6.
ETOC = Hourly emissions of TOC, kg/hr (lb/hr).

    a, b, c, d, e, and f are coefficients.

    The set of coefficients that apply to a vent stream can be obtained 
from table 1.
[GRAPHIC] [TIFF OMITTED] TR17OC00.033


[[Page 690]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.034


[[Page 691]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.035

[GRAPHIC] [TIFF OMITTED] TR17OC00.036

    (ii) Where for a vent stream flow rate that is less than 14.2 scm/
min (501 scf/min) at a standard temperature of 20 [deg]C (68 [deg]F):

TRE = TRE index value.
Qs = 14.2 scm/min (501 scf/min).
HT = (FLOW) (HVAL)/Qs.

Where the following inputs are used:

FLOW = Vent stream flow rate, scm/min (scf/min), at a temperature of 20 
[deg]C (68 [deg]F).
HVAL = Vent stream net heating value, MJ/scm (Btu/scf), where the net 
enthalpy per mole of vent stream is based on combustion at 25 [deg]C and 
760 mm Hg (68 [deg]F and 30 in. Hg), but the standard temperature for 
determining the volume corresponding to one mole is 20 [deg]C (68 
[deg]F) as in the definition of Qs.
Ys = Qs for all vent stream categories listed in 
table 1 except for Category E vent streams where Ys = 
QsHT/3.6.
ETOC = Hourly emissions of TOC, kg/hr (lb/hr).

    a, b, c, d, e, and f are coefficients

    The set of coefficients that apply to a vent stream can be obtained 
from table 1.

[[Page 692]]

    (2) The equation for calculating the TRE index value of a vent 
stream controlled by a flare is as follows:
[GRAPHIC] [TIFF OMITTED] TC16NO91.105

where:

TRE = TRE index value.
ETOC = Hourly emissions of TOC, kg/hr (lb/hr).
Qs = Vent stream flow rate, scm/min (scf/min), at a standard 
temperature of 20 [deg]C (68 [deg]F).
HT = Vent stream net heating value, MJ/scm (Btu/scf), where 
the net enthalpy per mole of vent stream is based on combustion at 25 
[deg]C and 760 mm Hg (68 [deg]F and 30 in. Hg), but the standard 
temperature for determining the volume corresponding to one mole is 20 
[deg]C (68 [deg]F) as in the definition of Qs.

    a, b, c, d, and e are coefficients.

    The set of coefficients that apply to a vent stream shall be 
obtained from table 2.

               Table 2--Distillation NSPS TRE Coefficients for Vent Streams Controlled By a Flare
----------------------------------------------------------------------------------------------------------------
                                         a               b               c               d               e
----------------------------------------------------------------------------------------------------------------
HT < 11.2 MJ/scm................            2.25           0.288          -0.193         -0.0051            2.08
(HT < 301 Btu/scf)..............         (0.140)        (0.0367)     (-0.000448)       (-0.0051)          (4.59)
HT >= 11.2 MJ/scm...............           0.309          0.0619         -0.0043         -0.0034            2.08
(HT >= 301 Btu/scf).............        (0.0193)       (0.00788)    (-0.0000010)       (-0.0034)          (4.59)
----------------------------------------------------------------------------------------------------------------

    (g) Each owner or operator of an affected facility seeking to comply 
with Sec. 60.660(c)(4) or Sec. 60.662(c) shall recalculate the TRE 
index value for that affected facility whenever process changes are 
made. Examples of process changes include changes in production 
capacity, feedstock type, or catalyst type, or whenever there is 
replacement, removal, or addition of recovery equipment. The TRE index 
value shall be recalculated based on test data, or on best engineering 
estimates of the effects of the change to the recovery system.
    (1) Where the recalculated TRE index value is less than or equal to 
1.0, the owner or operator shall notify the Administrator within 1 week 
of the recalculation and shall conduct a performance test according to 
the methods and procedures required by Sec. 60.664 in order to 
determine compliance with Sec. 60.662(a). Performance tests must be 
conducted as soon as possible after the process change but no later than 
180 days from the time of the process change.
    (2) Where the initial TRE index value is greater than 8.0 and the 
recalculated TRE index value is less than or equal to 8.0 but greater 
than 1.0, the owner or operator shall conduct a performance test in 
accordance with Sec. Sec. 60.8 and 60.664 and shall comply with 
Sec. Sec. 60.663, 60.664 and 60.665. Performance tests must be 
conducted as soon as possible after the process change but no later than 
180 days from the time of the process change.
    (h) Any owner or operator subject to the provisions of this subpart 
seeking to demonstrate compliance with Sec. 60.660(c)(6) shall use 
Method 2, 2A, 2C, or 2D as appropriate, for determination of volumetric 
flow rate.

[55 FR 26942, June 29, 1990, as amended at 65 FR 61774, Oct. 17, 2000]



Sec. 60.665  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec. 60.662 shall notify the 
Administrator of the specific provisions of Sec. 60.662 (Sec. 60.662 
(a), (b), or (c)) with which the owner or operator has elected to 
comply. Notification shall be submitted with the notification of initial 
start-up required by Sec. 60.7(a)(3). If an owner or operator elects at 
a later date to use an

[[Page 693]]

alternative provision of Sec. 60.662 with which he or she will comply, 
then the Administrator shall be notified by the owner or operator 90 
days before implementing a change and, upon implementing the change, a 
performance test shall be performed as specified by Sec. 60.664 within 
180 days.
    (b) Each owner or operator subject to the provisions of this subpart 
shall keep an up-to-date, readily accessible record of the following 
data measured during each performance test, and also include the 
following data in the report of the initial performance test required 
under Sec. 60.8. Where a boiler or process heater with a design heat 
input capacity of 44 MW (150 million Btu/hour) or greater is used to 
comply with Sec. 60.662(a), a report containing performance test data 
need not be submitted, but a report containing the information in Sec. 
60.665(b)(2)(i) is required. The same data specified in this section 
shall be submitted in the reports of all subsequently required 
performance tests where either the emission control efficiency of a 
control device, outlet concentration of TOC, or the TRE index value of a 
vent stream from a recovery system is determined.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.662(a) through use 
of either a thermal or catalytic incinerator:
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed for a 
catalytic incinerator), measured at least every 15 minutes and averaged 
over the same time period of the performance testing, and
    (ii) The percent reduction of TOC determined as specified in Sec. 
60.664(b) achieved by the incinerator, or the concentration of TOC 
(ppmv, by compound) determined as specified in Sec. 60.664(b) at the 
outlet of the control device on a dry basis corrected to 3 percent 
oxygen.
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.662(a) through use 
of a boiler or process heater:
    (i) A description of the location at which the vent stream is 
introduced into the boiler or process heater, and
    (ii) The average combustion temperature of the boiler or process 
heater with a design heat input capacity of less than 44 MW (150 million 
Btu/hr) measured at least every 15 minutes and averaged over the same 
time period of the performance testing.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.662(b) through use 
of a smokeless flare, flare design (i.e., steam-assisted, air-assisted 
or nonassisted), all visible emission readings, heat content 
determinations, flow rate measurements, and exit velocity determinations 
made during the performance test, continuous records of the flare pilot 
flame monitoring, and records of all periods of operations during which 
the pilot flame is absent.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.662(c):
    (i) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity (or alternative parameter which is a 
measure of the degree of absorbing liquid saturation, if approved by the 
Administrator), and average exit temperature, of the absorbing liquid 
measured at least every 15 minutes and averaged over the same time 
period of the performance testing (both measured while the vent stream 
is normally routed and constituted), or
    (ii) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature measured at least 
every 15 minutes and averaged over the same time period of the 
performance testing while the vent stream is routed and constituted 
normally, or
    (iii) Where a carbon adsorber is the final recovery device in the 
recovery system, the total steam mass flow measured at least every 15 
minutes and averaged over the same time period of the performance test 
(full carbon bed cycle), temperature of the carbon bed after 
regeneration (and within 15 minutes of completion of any cooling 
cycle(s)), and duration of the carbon bed steaming cycle (all measured 
while the vent stream is routed and constituted normally), or

[[Page 694]]

    (iv) As an alternative to Sec. 60.665(b)(4) ((i), (ii) or (iii), 
the concentration level or reading indicated by the organics monitoring 
device at the outlet of the absorber, condenser, or carbon adsorber, 
measured at least every 15 minutes and averaged over the same time 
period of the performance testing while the vent stream is normally 
routed and constituted.
    (v) All measurements and calculations performed to determine the TRE 
index value of the vent stream.
    (c) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
60.663 (a) and (c) as well as up-to-date, readily accessible records of 
periods of operation during which the parameter boundaries established 
during the most recent performance test are exceeded. The Administrator 
may at any time require a report of these data. Where a combustion 
device is used to comply with Sec. 60.662(a), periods of operation 
during which the parameter boundaries established during the most recent 
performance tests are exceeded are defined as follows:
    (1) For thermal incinerators, all 3-hour periods of operation during 
which the average combustion temperature was more than 28 [deg]C (50 
[deg]F) below the average combustion temperature during the most recent 
performance test at which compliance with Sec. 60.662(a) was 
determined.
    (2) For catalytic incinerators, all 3-hour periods of operation 
during which the average temperature of the vent stream immediately 
before the catalyst bed is more than 28 [deg]C (50 [deg]F) below the 
average temperature of the vent stream during the most recent 
performance test at which compliance with Sec. 60.662(a) was 
determined. The owner or operator also shall record all 3-hour periods 
of operation during which the average temperature difference across the 
catalyst bed is less than 80 percent of the average temperature 
difference of the device during the most recent performance test at 
which compliance with Sec. 60.662(a) was determined.
    (3) All 3-hour periods of operation during which the average 
combustion temperature was more than 28 [deg]C (50 [deg]F) below the 
average combustion temperature during the most recent performance test 
at which compliance with Sec. 60.662(a) was determined for boilers or 
process heaters with a design heat input capacity of less than 44 MW 
(150 million Btu/hr).
    (4) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under Sec. 60.662(a).
    (d) Each owner or operator subject to the provisions of this subpart 
shall keep up to date, readily accessible continuous records of the flow 
indication specified under Sec. 60.663(a)(2), Sec. 60.663(b)(2) and 
Sec. 60.663(c)(1), as well as up-to-date, readily accessible records of 
all periods when the vent stream is diverted from the control device or 
has no flow rate.
    (e) Each owner or operator subject to the provisions of this subpart 
who uses a boiler or process heater with a design heat input capacity of 
44 MW (150 million Btu/hour) or greater to comply with Sec. 60.662(a) 
shall keep an up-to-date, readily accessible record of all periods of 
operation of the boiler or process heater. (Examples of such records 
could include records of steam use, fuel use, or monitoring data 
collected pursuant to other State or Federal regulatory requirements.)
    (f) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
flare pilot flame monitoring specified under Sec. 60.663(b), as well as 
up-to-date, readily accessible records of all periods of operations in 
which the pilot flame is absent.
    (g) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
60.663(e), as well as up-to-date, readily accessible records of periods 
of operation during which the parameter boundaries established during 
the most recent performance test are exceeded. The Administrator may at 
any time require a report of these data. Where an owner or operator 
seeks to

[[Page 695]]

comply with Sec. 60.662(c), periods of operation during which the 
parameter boundaries established during the most recent performance 
tests are exceeded are defined as follows:
    (1) Where an absorber is the final recovery device in a recovery 
system, and where an organic compound monitoring device is not used:
    (i) All 3-hour periods of operation during which the average 
absorbing liquid temperature was more than 11 [deg]C (20 [deg]F) above 
the average absorbing liquid temperature during the most recent 
performance test, or
    (ii) All 3-hour periods of operation during which the average 
absorbing liquid specific gravity was more than 0.1 unit above, or more 
than 0.1 unit below, the average absorbing liquid specific gravity 
during the most recent performance test (unless monitoring of an 
alternative parameter, which is a measure of the degree of absorbing 
liquid saturation, is approved by the Administrator, in which case he 
will define appropriate parameter boundaries and periods of operation 
during which they are exceeded).
    (2) Where a condenser is the final recovery device in a system, and 
where an organic compound monitoring device is not used, all 3-hour 
periods of operation during which the average exit (product side) 
condenser operating temperature was more than 6 [deg]C (1 1 [deg]F) 
above the average exit (product side) operating temperature during the 
most recent performance test.
    (3) Where a carbon adsorber is the final recovery device in a 
system, and where an organic compound monitoring device is not used:
    (i) All carbon bed regeneration cycles during which the total mass 
steam flow was more than 10 percent below the total mass steam flow 
during the most recent performance test, or
    (ii) All carbon bed regeneration cycles during which the temperature 
of the carbon bed after regeneration (and after completion of any 
cooling cycle(s)) was more than 10 percent greater than the carbon bed 
temperature (in degrees Celsius) during the most recent performance 
test.
    (4) Where an absorber, condenser, or carbon adsorber is the final 
recovery device in the recovery system and where an organic compound 
monitoring device is used, all 3-hour periods of operation during which 
the average organic compound concentration level or reading of organic 
compounds in the exhaust gases is more than 20 percent greater than the 
exhaust gas organic compound concentration level or reading measured by 
the monitoring device during the most recent performance test.
    (h) Each owner or operator of an affected facility subject to the 
provisions of this subpart and seeking to demonstrate compliance with 
Sec. 60.662(c) shall keep up-to-date, readily accessible records of:
    (1) Any changes in production capacity, feedstock type, or catalyst 
type, or of any replacement, removal or addition of recovery equipment 
or a distillation unit;
    (2) Any recalculation of the TRE index value performed pursuant to 
Sec. 60.664(f); and
    (3) The results of any performance test performed pursuant to the 
methods and procedures required by Sec. 60.664(d).
    (i) Each owner or operator of an affected facility that seeks to 
comply with the requirements of this subpart by complying with the flow 
rate cutoff in Sec. 60.660(c)(6) shall keep up-to-date, readily 
accessible records to indicate that the vent stream flow rate is less 
than 0.008 scm/min (0.3 scf/min) and of any change in equipment or 
process operation that increases the operating vent stream flow rate, 
including a measurement of the new vent stream flow rate.
    (j) Each owner or operator of an affected facility that seeks to 
comply with the requirements of this subpart by complying with the 
design production capacity provision in Sec. 60.660(c)(5) shall keep 
up-to-date, readily accessible records of any change in equipment or 
process operation that increases the design production capacity of the 
process unit in which the affected facility is located.
    (k) Each owner and operator subject to the provisions of this 
subpart is exempt from the quarterly reporting requirements contained in 
Sec. 60.7(c) of the General Provisions.

[[Page 696]]

    (l) Each owner or operator that seeks to comply with the 
requirements of this subpart by complying with the requirements of Sec. 
60.660 (c)(4), (c)(5), or (c)(6) or Sec. 60.662 shall submit to the 
Administrator semiannual reports of the following recorded information. 
The initial report shall be submitted within 6 months after the initial 
start-up date.
    (1) Exceedances of monitored parameters recorded under Sec. 60.665 
(c) and (g).
    (2) All periods recorded under Sec. 60.665(d) when the vent stream 
is diverted from the control device or has no flow rate.
    (3) All periods recorded under Sec. 60.665(e) when the boiler or 
process heater was not operating.
    (4) All periods recorded under Sec. 60.665(f) in which the pilot 
flame of the flare was absent.
    (5) Any change in equipment or process operation that increases the 
operating vent stream flow rate above the low flow exemption level in 
Sec. 60.660(c)(6), including a measurement of the new vent stream flow 
rate, as recorded under Sec. 60.665(i). These must be reported as soon 
as possible after the change and no later than 180 days after the 
change. These reports may be submitted either in conjunction with 
semiannual reports or as a single separate report. A performance test 
must be completed with the same time period to verify the recalculated 
flow value and to obtain the vent stream characteristics of heating 
value and ETOC. The performance test is subject to the 
requirements of Sec. 60.8 of the General Provisions. Unless the 
facility qualifies for an exemption under the low capacity exemption 
status in Sec. 60.660(c)(5), the facility must begin compliance with 
the requirements set forth in Sec. 60.662.
    (6) Any change in equipment or process operation, as recorded under 
paragraph (j) of this section, that increases the design production 
capacity above the low capacity exemption level in Sec. 60.660(c)(5) 
and the new capacity resulting from the change for the distillation 
process unit containing the affected facility. These must be reported as 
soon as possible after the change and no later than 180 days after the 
change. These reports may be submitted either in conjunction with 
semiannual reports or as a single separate report. A performance test 
must be completed within the same time period to obtain the vent stream 
flow rate, heating value, and ETOC. The performance test is 
subject to the requirements of Sec. 60.8. The facility must begin 
compliance with the requirements set forth in Sec. 60.660(d) or Sec. 
60.662. If the facility chooses to comply with Sec. 60.662, the 
facility may qualify for an exemption in Sec. 60.660(c)(4) or (6).
    (7) Any recalculation of the TRE index value, as recorded under 
Sec. 60.665(h).
    (m) The requirements of Sec. 60.665(l) remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with Sec. 60.665(l), provided that they comply with the 
requirements established by the State.
    (n) Each owner or operator that seeks to demonstrate compliance with 
Sec. 60.660(c)(5) must submit to the Administrator an initial report 
detailing the design production capacity of the process unit.
    (o) Each owner or operator that seeks to demonstrate compliance with 
Sec. 60.660(c)(6) must submit to the Administrator an initial report 
including a flow rate measurement using the test methods specified in 
Sec. 60.664.
    (p) The Administrator will specify appropriate reporting and 
recordkeeping requirements where the owner or operator of an affected 
facility complies with the standards specified under Sec. 60.662 other 
than as provided under Sec. 60.663(a), (b), (c) and (d).

[55 FR 26922, June 29, 1990; 55 FR 36932, Sept. 7, 1990, as amended at 
60 FR 58237, Nov. 27, 1995; 65 FR 61778, Oct. 17, 2000; 65 FR 78279, 
Dec. 14, 2000]



Sec. 60.666  Reconstruction.

    For purposes of this subpart ``fixed capital cost of the new 
components,'' as used in Sec. 60.15, includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant

[[Page 697]]

to all continuous programs of component replacement which are commenced 
within any 2-year period following December 30, 1983. For purposes of 
this paragraph, ``commenced'' means that an owner or operator has 
undertaken a continuous program of component replacement or that an 
owner or operator has entered into a contractual obligation to undertake 
and complete, within a reasonable time, a continuous program of 
component replacement.



Sec. 60.667  Chemicals affected by subpart NNN.

------------------------------------------------------------------------
                       Chemical name                           CAS No.*
------------------------------------------------------------------------
Acetaldehyde...............................................      75-07-0
Acetaldol..................................................     107-89-1
Acetic acid................................................      64-19-7
Acetic anhydride...........................................     108-24-7
Acetone....................................................      67-64-1
Acetone cyanohydrin........................................      75-86-5
Acetylene..................................................      74-86-2
Acrylic acid...............................................      79-10-7
Acrylonitrile..............................................     107-13-1
Adipic acid................................................     124-04-9
Adiponitrile...............................................     111-69-3
Alcohols, C-11 or lower, mixtures..........................
Alcohols, C-12 or higher, mixtures.........................
Allyl chloride.............................................     107-05-1
Amylene....................................................     513-35-9
Amylenes, mixed............................................
Aniline....................................................      62-53-3
Benzene....................................................      71-43-2
Benzenesulfonic acid.......................................      98-11-3
Benzenesulfonic acid C10-16-alkyl derivatives, sodium salts   68081-81-2
Benzoic acid, tech.........................................      65-85-0
Benzyl chloride............................................     100-44-7
Biphenyl...................................................      92-52-4
Bisphenol A................................................      80-05-7
Brometone..................................................      76-08-4
1,3-Butadiene..............................................     106-99-0
Butadiene and butene fractions.............................
n-Butane...................................................     106-97-8
1,4-Butanediol.............................................     110-63-4
Butanes, mixed.............................................
1-Butene...................................................     106-98-9
2-Butene...................................................   25167-67-3
Butenes, mixed.............................................
n-Butyl acetate............................................     123-86-4
Butyl acrylate.............................................     141-32-2
n-Butyl alcohol............................................      71-36-3
sec-Butyl alcohol..........................................      78-92-2
tert-Butyl alcohol.........................................      75-65-0
Butylbenzyl phthalate......................................      85-68-7
Butylene glycol............................................     107-88-0
tert-Butyl hydroperoxide...................................      75-91-2
2-Butyne-1,4-diol..........................................     110-65-6
Butyraldehyde..............................................     123-72-8
Butyric anhydride..........................................     106-31-0
Caprolactam................................................     105-60-2
Carbon disulfide...........................................      75-15-0
Carbon tetrabromide........................................     558-13-4
Carbon tetrachloride.......................................      56-23-5
Chlorobenzene..............................................     108-90-7
2-Chloro-4-(ethylamino)-6-(isopropylamino)-s-triazine......    1912-24-9
Chloroform.................................................      67-66-3
p-Chloronitrobenzene.......................................     100-00-5
Chloroprene................................................     126-99-8
Citric acid................................................      77-92-9
Crotonaldehyde.............................................    4170-30-0
Crotonic acid..............................................    3724-65-0
Cumene.....................................................      98-82-8
Cumene hydroperoxide.......................................      80-15-9
Cyanuric chloride..........................................     108-77-0
Cyclohexane................................................     110-82-7
Cyclohexane, oxidized......................................   68512-15-2
Cyclohexanol...............................................     108-93-0
Cyclohexanone..............................................     108-94-1
Cyclohexanone oxime........................................     100-64-1
Cyclohexene................................................     110-83-8
1,3-Cyclopentadiene........................................     542-92-7
Cyclopropane...............................................      75-19-4
Diacetone alcohol..........................................     123-42-2
Dibutanized aromatic concentrate...........................
1,4-Dichlorobutene.........................................     110-57-6
3,4-Dichloro-1-butene......................................   64037-54-3
Dichlorodifluoromethane....................................      75-71-8
Dichlorodimethylsilane.....................................      75-78-5
Dichlorofluoromethane......................................      75-43-4
    -Dichlorohydrin........................................      96-23-1
Diethanolamine.............................................     111-42-2
Diethylbenzene.............................................   25340-17-4
Diethylene glycol..........................................     111-46-6
Di-n-heptyl-n-nonyl undecyl phthalate......................      85-68-7
Di-isodecyl phthalate......................................   26761-40-0
Diisononyl phthalate.......................................   28553-12-0
Dimethylamine..............................................     124-40-3
Dimethyl terephthalate.....................................     120-61-6
2,4-Dinitrotoluene.........................................     121-14-2
2,4-(and 2,6)-dinitrotoluene...............................     121-14-2
                                                                606-20-2
Dioctyl phthalate..........................................     117-81-7
Dodecene...................................................   25378-22-7
Dodecylbenzene, non linear.................................
Dodecylbenzenesulfonic acid................................   27176-87-0
Dodecylbenzenesulfonic acid, sodium salt...................   25155-30-0
Epichlorohydrin............................................     106-89-8
Ethanol....................................................      64-17-5
Ethanolamine...............................................     141-43-5
Ethyl acetate..............................................     141-78-6
Ethyl acrylate.............................................     140-88-5
Ethylbenzene...............................................     100-41-4
Ethyl chloride.............................................      75-00-3
Ethyl cyanide..............................................     107-12-0
Ethylene...................................................      74-85-1
Ethylene dibromide.........................................     106-93-4
Ethylene dichloride........................................     107-06-2
Ethylene glycol............................................     107-21-1
Ethylene glycol monobutyl..................................     111-76-2
Ethylene glycol monoethyl ether............................     110-80-5
Ethylene glycol monoethyl ether acetate....................     111-15-9
Ethylene glycol monomethyl ether...........................     109-86-4
Ethylene oxide.............................................      75-21-8
2-Ethylhexanal.............................................   26266-68-2
2-Ethylhexyl alcohol.......................................     104-76-7
(2-Ethylhexyl) amine.......................................     104-75-6
Ethylmethylbenzene.........................................   25550-14-5
6-Ethyl-1,2,3,4-tetrahydro 9,10-anthracenedione............   15547-17-8
Formaldehyde...............................................      50-00-0
Glycerol...................................................      56-81-5
n-Heptane..................................................     142-82-5
Heptenes (mixed)...........................................
Hexadecyl chloride.........................................
Hexamethylene diamine......................................     124-09-4
Hexamethylene diamine adipate..............................    3323-53-3
Hexamethylenetetramine.....................................     100-97-0
Hexane.....................................................     110-54-3
2-Hexenedinitrile..........................................   13042-02-9
3-Hexenedinitrile..........................................    1119-85-3
Hydrogen cyanide...........................................      74-90-8
Isobutane..................................................      75-28-5

[[Page 698]]

 
Isobutanol.................................................      78-83-1
Isobutylene................................................     115-11-7
Isobutyraldehyde...........................................      78-84-2
Isodecyl alcohol...........................................   25339-17-7
Isooctyl alcohol...........................................   26952-21-6
Isopentane.................................................      78-78-4
Isophthalic acid...........................................     121-91-5
Isoprene...................................................      78-79-5
Isopropanol................................................      67-63-0
Ketene.....................................................     463-51-4
Linear alcohols, ethoxylated, mixed........................
Linear alcohols, ethoxylated, and sulfated, sodium salt,
 mixed.....................................................
Linear alcohols, sulfated, sodium salt, mixed..............
Linear alkylbenzene........................................     123-01-3
Magnesium acetate..........................................     142-72-3
Maleic anhydride...........................................     108-31-6
Melamine...................................................     108-78-1
Mesityl oxide..............................................     141-79-7
Methacrylonitrile..........................................     126-98-7
Methanol...................................................      67-56-1
Methylamine................................................      74-89-5
ar-Methylbenzenediamine....................................   25376-45-8
Methyl chloride............................................      74-87-3
Methylene chloride.........................................      75-09-2
Methyl ethyl ketone........................................      78-93-3
Methyl iodide..............................................      74-88-4
Methyl isobutyl ketone.....................................     108-10-1
Methyl methacrylate........................................      80-62-6
2-Methylpentane............................................     107-83-5
1-Methyl-2-pyrrolidone.....................................     872-50-4
Methyl tert-butyl ether....................................
Naphthalene................................................      91-20-3
Nitrobenzene...............................................      98-95-3
1-Nonene...................................................   27215-95-8
Nonyl alcohol..............................................     143-08-8
Nonylphenol................................................   25154-52-3
Nonylphenol, ethoxylated...................................    9016-45-9
Octene.....................................................   25377-83-7
Oil-soluble petroleum sulfonate, calcium salt..............
Oil-soluble petroleum sulfonate, sodium salt...............
Pentaerythritol............................................     115-77-5
n-Pentane..................................................     109-66-0
3-Pentenenitrile...........................................    4635-87-4
Pentenes, mixed............................................     109-67-1
Perchloroethylene..........................................     127-18-4
Phenol.....................................................     108-95-2
1-Phenylethyl hydroperoxide................................    3071-32-7
Phenylpropane..............................................     103-65-1
Phosgene...................................................      75-44-5
Phthalic anhydride.........................................      85-44-9
Propane....................................................      74-98-6
Propionaldehyde............................................     123-38-6
Propionic acid.............................................      79-09-4
Propyl alcohol.............................................      71-23-8
Propylene..................................................     115-07-1
Propylene chlorohydrin.....................................      78-89-7
Propylene glycol...........................................      57-55-6
Propylene oxide............................................      75-56-9
Sodium cyanide.............................................     143-33-9
Sorbitol...................................................      50-70-4
Styrene....................................................     100-42-5
Terephthalic acid..........................................     100-21-0
1,1,2,2-Tetrachloroethane..................................      79-34-5
Tetraethyl lead............................................      78-00-2
Tetrahydrofuran............................................     109-99-9
Tetra (methyl-ethyl) lead..................................
Tetramethyl lead...........................................      75-74-1
Toluene....................................................     108-88-3
Toluene-2,4-diamine........................................      95-80-7
Toluene-2,4-(and, 2,6)-diisocyanate (80/20 mixture)........   26471-62-5
Tribromomethane............................................      75-25-2
1,1,1-Trichloroethane......................................      71-55-6
1,1,2-Trichloroethane......................................      79-00-5
Trichloroethylene..........................................      79-01-6
Trichlorofluoromethane.....................................      75-69-4
1,1,2-Trichloro-1,2,2-trifluoroethane......................      76-13-1
Triethanolamine............................................     102-71-6
Triethylene glycol.........................................     112-27-6
Vinyl acetate..............................................     108-05-4
Vinyl chloride.............................................      75-01-4
Vinylidene chloride........................................      75-35-4
m-Xylene...................................................     108-38-3
o-Xylene...................................................      95-47-6
p-Xylene...................................................     106-42-3
Xylenes (mixed)............................................    1330-20-7
m-Xylenol..................................................     576-26-1
------------------------------------------------------------------------
* CAS numbers refer to the Chemical Abstracts Registry numbers assigned
  to specific chemicals, isomers, or mixtures of chemicals. Some isomers
  or mixtures that are covered by the standards do not have CAS numbers
  assigned to them. The standards apply to all of the chemicals listed,
  whether CAS numbers have been assigned or not.


[55 FR 26942, June 29, 1990, as amended at 60 FR 58237, 58238, Nov. 27, 
1995]



Sec. 60.668  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under Sec. 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. 
60.663(e).



Subpart OOO_Standards of Performance for Nonmetallic Mineral Processing 
                                 Plants

    Source: 74 FR 19309, Apr. 28, 2009, unless otherwise noted.



Sec. 60.670  Applicability and designation of affected facility.

    (a)(1) Except as provided in paragraphs (a)(2), (b), (c), and (d) of 
this section, the provisions of this subpart are applicable to the 
following affected facilities in fixed or portable nonmetallic mineral 
processing plants: each crusher, grinding mill, screening operation, 
bucket elevator, belt conveyor, bagging operation, storage bin, enclosed 
truck or railcar loading station. Also, crushers and grinding mills at 
hot mix asphalt facilities that reduce the size of nonmetallic minerals 
embedded in recycled asphalt pavement and subsequent affected facilities 
up to, but not including, the first storage silo or bin are subject to 
the provisions of this subpart.

[[Page 699]]

    (2) The provisions of this subpart do not apply to the following 
operations: All facilities located in underground mines; plants without 
crushers or grinding mills above ground; and wet material processing 
operations (as defined in Sec. 60.671).
    (b) An affected facility that is subject to the provisions of 
subparts F or I of this part or that follows in the plant process any 
facility subject to the provisions of subparts F or I of this part is 
not subject to the provisions of this subpart.
    (c) Facilities at the following plants are not subject to the 
provisions of this subpart:
    (1) Fixed sand and gravel plants and crushed stone plants with 
capacities, as defined in Sec. 60.671, of 23 megagrams per hour (25 
tons per hour) or less;
    (2) Portable sand and gravel plants and crushed stone plants with 
capacities, as defined in Sec. 60.671, of 136 megagrams per hour (150 
tons per hour) or less; and
    (3) Common clay plants and pumice plants with capacities, as defined 
in Sec. 60.671, of 9 megagrams per hour (10 tons per hour) or less.
    (d)(1) When an existing facility is replaced by a piece of equipment 
of equal or smaller size, as defined in Sec. 60.671, having the same 
function as the existing facility, and there is no increase in the 
amount of emissions, the new facility is exempt from the provisions of 
Sec. Sec. 60.672, 60.674, and 60.675 except as provided for in 
paragraph (d)(3) of this section.
    (2) An owner or operator complying with paragraph (d)(1) of this 
section shall submit the information required in Sec. 60.676(a).
    (3) An owner or operator replacing all existing facilities in a 
production line with new facilities does not qualify for the exemption 
described in paragraph (d)(1) of this section and must comply with the 
provisions of Sec. Sec. 60.672, 60.674 and 60.675.
    (e) An affected facility under paragraph (a) of this section that 
commences construction, modification, or reconstruction after August 31, 
1983, is subject to the requirements of this part.
    (f) Table 1 of this subpart specifies the provisions of subpart A of 
this part 60 that do not apply to owners and operators of affected 
facilities subject to this subpart or that apply with certain 
exceptions.



Sec. 60.671  Definitions.

    All terms used in this subpart, but not specifically defined in this 
section, shall have the meaning given them in the Act and in subpart A 
of this part.
    Bagging operation means the mechanical process by which bags are 
filled with nonmetallic minerals.
    Belt conveyor means a conveying device that transports material from 
one location to another by means of an endless belt that is carried on a 
series of idlers and routed around a pulley at each end.
    Bucket elevator means a conveying device of nonmetallic minerals 
consisting of a head and foot assembly which supports and drives an 
endless single or double strand chain or belt to which buckets are 
attached.
    Building means any frame structure with a roof.
    Capacity means the cumulative rated capacity of all initial crushers 
that are part of the plant.
    Capture system means the equipment (including enclosures, hoods, 
ducts, fans, dampers, etc.) used to capture and transport particulate 
matter generated by one or more affected facilities to a control device.
    Control device means the air pollution control equipment used to 
reduce particulate matter emissions released to the atmosphere from one 
or more affected facilities at a nonmetallic mineral processing plant.
    Conveying system means a device for transporting materials from one 
piece of equipment or location to another location within a plant. 
Conveying systems include but are not limited to the following: Feeders, 
belt conveyors, bucket elevators and pneumatic systems.
    Crush or Crushing means to reduce the size of nonmetallic mineral 
material by means of physical impaction of the crusher or grinding mill 
upon the material.
    Crusher means a machine used to crush any nonmetallic minerals, and

[[Page 700]]

includes, but is not limited to, the following types: Jaw, gyratory, 
cone, roll, rod mill, hammermill, and impactor.
    Enclosed truck or railcar loading station means that portion of a 
nonmetallic mineral processing plant where nonmetallic minerals are 
loaded by an enclosed conveying system into enclosed trucks or railcars.
    Fixed plant means any nonmetallic mineral processing plant at which 
the processing equipment specified in Sec. 60.670(a) is attached by a 
cable, chain, turnbuckle, bolt or other means (except electrical 
connections) to any anchor, slab, or structure including bedrock.
    Fugitive emission means particulate matter that is not collected by 
a capture system and is released to the atmosphere at the point of 
generation.
    Grinding mill means a machine used for the wet or dry fine crushing 
of any nonmetallic mineral. Grinding mills include, but are not limited 
to, the following types: Hammer, roller, rod, pebble and ball, and fluid 
energy. The grinding mill includes the air conveying system, air 
separator, or air classifier, where such systems are used.
    Initial crusher means any crusher into which nonmetallic minerals 
can be fed without prior crushing in the plant.
    Nonmetallic mineral means any of the following minerals or any 
mixture of which the majority is any of the following minerals:
    (1) Crushed and Broken Stone, including Limestone, Dolomite, 
Granite, Traprock, Sandstone, Quartz, Quartzite, Marl, Marble, Slate, 
Shale, Oil Shale, and Shell.
    (2) Sand and Gravel.
    (3) Clay including Kaolin, Fireclay, Bentonite, Fuller's Earth, Ball 
Clay, and Common Clay.
    (4) Rock Salt.
    (5) Gypsum (natural or synthetic).
    (6) Sodium Compounds, including Sodium Carbonate, Sodium Chloride, 
and Sodium Sulfate.
    (7) Pumice.
    (8) Gilsonite.
    (9) Talc and Pyrophyllite.
    (10) Boron, including Borax, Kernite, and Colemanite.
    (11) Barite.
    (12) Fluorospar.
    (13) Feldspar.
    (14) Diatomite.
    (15) Perlite.
    (16) Vermiculite.
    (17) Mica.
    (18) Kyanite, including Andalusite, Sillimanite, Topaz, and 
Dumortierite.
    Nonmetallic mineral processing plant means any combination of 
equipment that is used to crush or grind any nonmetallic mineral 
wherever located, including lime plants, power plants, steel mills, 
asphalt concrete plants, portland cement plants, or any other facility 
processing nonmetallic minerals except as provided in Sec. 60.670 (b) 
and (c).
    Portable plant means any nonmetallic mineral processing plant that 
is mounted on any chassis or skids and may be moved by the application 
of a lifting or pulling force. In addition, there shall be no cable, 
chain, turnbuckle, bolt or other means (except electrical connections) 
by which any piece of equipment is attached or clamped to any anchor, 
slab, or structure, including bedrock that must be removed prior to the 
application of a lifting or pulling force for the purpose of 
transporting the unit.
    Production line means all affected facilities (crushers, grinding 
mills, screening operations, bucket elevators, belt conveyors, bagging 
operations, storage bins, and enclosed truck and railcar loading 
stations) which are directly connected or are connected together by a 
conveying system.
    Saturated material means, for purposes of this subpart, mineral 
material with sufficient surface moisture such that particulate matter 
emissions are not generated from processing of the material through 
screening operations, bucket elevators and belt conveyors. Material that 
is wetted solely by wet suppression systems is not considered to be 
``saturated'' for purposes of this definition.
    Screening operation means a device for separating material according 
to size by passing undersize material through one or more mesh surfaces 
(screens) in series, and retaining oversize material on the mesh 
surfaces (screens). Grizzly feeders associated with truck dumping and 
static (non-moving) grizzlies used anywhere in the nonmetallic mineral 
processing plant are not considered to be screening operations.

[[Page 701]]

    Seasonal shut down means shut down of an affected facility for a 
period of at least 45 consecutive days due to weather or seasonal market 
conditions.
    Size means the rated capacity in tons per hour of a crusher, 
grinding mill, bucket elevator, bagging operation, or enclosed truck or 
railcar loading station; the total surface area of the top screen of a 
screening operation; the width of a conveyor belt; and the rated 
capacity in tons of a storage bin.
    Stack emission means the particulate matter that is released to the 
atmosphere from a capture system.
    Storage bin means a facility for storage (including surge bins) of 
nonmetallic minerals prior to further processing or loading.
    Transfer point means a point in a conveying operation where the 
nonmetallic mineral is transferred to or from a belt conveyor except 
where the nonmetallic mineral is being transferred to a stockpile.
    Truck dumping means the unloading of nonmetallic minerals from 
movable vehicles designed to transport nonmetallic minerals from one 
location to another. Movable vehicles include but are not limited to: 
Trucks, front end loaders, skip hoists, and railcars.
    Vent means an opening through which there is mechanically induced 
air flow for the purpose of exhausting from a building air carrying 
particulate matter emissions from one or more affected facilities.
    Wet material processing operation(s) means any of the following:
    (1) Wet screening operations (as defined in this section) and 
subsequent screening operations, bucket elevators and belt conveyors in 
the production line that process saturated materials (as defined in this 
section) up to the first crusher, grinding mill or storage bin in the 
production line; or
    (2) Screening operations, bucket elevators and belt conveyors in the 
production line downstream of wet mining operations (as defined in this 
section) that process saturated materials (as defined in this section) 
up to the first crusher, grinding mill or storage bin in the production 
line.
    Wet mining operation means a mining or dredging operation designed 
and operated to extract any nonmetallic mineral regulated under this 
subpart from deposits existing at or below the water table, where the 
nonmetallic mineral is saturated with water.
    Wet screening operation means a screening operation at a nonmetallic 
mineral processing plant which removes unwanted material or which 
separates marketable fines from the product by a washing process which 
is designed and operated at all times such that the product is saturated 
with water.



Sec. 60.672  Standard for particulate matter (PM).

    (a) Affected facilities must meet the stack emission limits and 
compliance requirements in Table 2 of this subpart within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, but not later than 180 days after initial startup as 
required under Sec. 60.8. The requirements in Table 2 of this subpart 
apply for affected facilities with capture systems used to capture and 
transport particulate matter to a control device.
    (b) Affected facilities must meet the fugitive emission limits and 
compliance requirements in Table 3 of this subpart within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, but not later than 180 days after initial startup as 
required under Sec. 60.11. The requirements in Table 3 of this subpart 
apply for fugitive emissions from affected facilities without capture 
systems and for fugitive emissions escaping capture systems.
    (c) [Reserved]
    (d) Truck dumping of nonmetallic minerals into any screening 
operation, feed hopper, or crusher is exempt from the requirements of 
this section.
    (e) If any transfer point on a conveyor belt or any other affected 
facility is enclosed in a building, then each enclosed affected facility 
must comply with the emission limits in paragraphs (a) and (b) of this 
section, or the building enclosing the affected facility or facilities 
must comply with the following emission limits:
    (1) Fugitive emissions from the building openings (except for vents 
as defined in Sec. 60.671) must not exceed 7 percent opacity; and

[[Page 702]]

    (2) Vents (as defined in Sec. 60.671) in the building must meet the 
applicable stack emission limits and compliance requirements in Table 2 
of this subpart.
    (f) Any baghouse that controls emissions from only an individual, 
enclosed storage bin is exempt from the applicable stack PM 
concentration limit (and associated performance testing) in Table 2 of 
this subpart but must meet the applicable stack opacity limit and 
compliance requirements in Table 2 of this subpart. This exemption from 
the stack PM concentration limit does not apply for multiple storage 
bins with combined stack emissions.



Sec. 60.673  Reconstruction.

    (a) The cost of replacement of ore-contact surfaces on processing 
equipment shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital cost that 
would be required to construct a comparable new facility'' under Sec. 
60.15. Ore-contact surfaces are crushing surfaces; screen meshes, bars, 
and plates; conveyor belts; and elevator buckets.
    (b) Under Sec. 60.15, the ``fixed capital cost of the new 
components'' includes the fixed capital cost of all depreciable 
components (except components specified in paragraph (a) of this 
section) which are or will be replaced pursuant to all continuous 
programs of component replacement commenced within any 2-year period 
following August 31, 1983.



Sec. 60.674  Monitoring of operations.

    (a) The owner or operator of any affected facility subject to the 
provisions of this subpart which uses a wet scrubber to control 
emissions shall install, calibrate, maintain and operate the following 
monitoring devices:
    (1) A device for the continuous measurement of the pressure loss of 
the gas stream through the scrubber. The monitoring device must be 
certified by the manufacturer to be accurate within 250 pascals 1 inch water gauge 
pressure and must be calibrated on an annual basis in accordance with 
manufacturer's instructions.
    (2) A device for the continuous measurement of the scrubbing liquid 
flow rate to the wet scrubber. The monitoring device must be certified 
by the manufacturer to be accurate within 5 
percent of design scrubbing liquid flow rate and must be calibrated on 
an annual basis in accordance with manufacturer's instructions.
    (b) The owner or operator of any affected facility for which 
construction, modification, or reconstruction commenced on or after 
April 22, 2008, that uses wet suppression to control emissions from the 
affected facility must perform monthly periodic inspections to check 
that water is flowing to discharge spray nozzles in the wet suppression 
system. The owner or operator must initiate corrective action within 24 
hours and complete corrective action as expediently as practical if the 
owner or operator finds that water is not flowing properly during an 
inspection of the water spray nozzles. The owner or operator must record 
each inspection of the water spray nozzles, including the date of each 
inspection and any corrective actions taken, in the logbook required 
under Sec. 60.676(b).
    (1) If an affected facility relies on water carryover from upstream 
water sprays to control fugitive emissions, then that affected facility 
is exempt from the 5-year repeat testing requirement specified in Table 
3 of this subpart provided that the affected facility meets the criteria 
in paragraphs (b)(1)(i) and (ii) of this section:
    (i) The owner or operator of the affected facility conducts periodic 
inspections of the upstream water spray(s) that are responsible for 
controlling fugitive emissions from the affected facility. These 
inspections are conducted according to paragraph (b) of this section and 
Sec. 60.676(b), and
    (ii) The owner or operator of the affected facility designates which 
upstream water spray(s) will be periodically inspected at the time of 
the initial performance test required under Sec. 60.11 of this part and 
Sec. 60.675 of this subpart.
    (2) If an affected facility that routinely uses wet suppression 
water sprays ceases operation of the water sprays or is using a control 
mechanism to reduce fugitive emissions other than

[[Page 703]]

water sprays during the monthly inspection (for example, water from 
recent rainfall), the logbook entry required under Sec. 60.676(b) must 
specify the control mechanism being used instead of the water sprays.
    (c) Except as specified in paragraph (d) or (e) of this section, the 
owner or operator of any affected facility for which construction, 
modification, or reconstruction commenced on or after April 22, 2008, 
that uses a baghouse to control emissions must conduct quarterly 30-
minute visible emissions inspections using EPA Method 22 (40 CFR part 
60, Appendix A-7). The Method 22 (40 CFR part 60, Appendix A-7) test 
shall be conducted while the baghouse is operating. The test is 
successful if no visible emissions are observed. If any visible 
emissions are observed, the owner or operator of the affected facility 
must initiate corrective action within 24 hours to return the baghouse 
to normal operation. The owner or operator must record each Method 22 
(40 CFR part 60, Appendix A-7) test, including the date and any 
corrective actions taken, in the logbook required under Sec. 60.676(b). 
The owner or operator of the affected facility may establish a different 
baghouse-specific success level for the visible emissions test (other 
than no visible emissions) by conducting a PM performance test according 
to Sec. 60.675(b) simultaneously with a Method 22 (40 CFR part 60, 
Appendix A-7) to determine what constitutes normal visible emissions 
from that affected facility's baghouse when it is in compliance with the 
applicable PM concentration limit in Table 2 of this subpart. The 
revised visible emissions success level must be incorporated into the 
permit for the affected facility.
    (d) As an alternative to the periodic Method 22 (40 CFR part 60, 
Appendix A-7) visible emissions inspections specified in paragraph (c) 
of this section, the owner or operator of any affected facility for 
which construction, modification, or reconstruction commenced on or 
after April 22, 2008, that uses a baghouse to control emissions may use 
a bag leak detection system. The owner or operator must install, 
operate, and maintain the bag leak detection system according to 
paragraphs (d)(1) through (3) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (d)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per dry standard cubic meter (0.00044 grains per actual 
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (d)(1)(iv) of this section, and the alarm must be located such 
that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, the 
owner or operator must establish, at a minimum, the baseline output by 
adjusting the sensitivity (range) and the averaging period of the 
device, the alarm set points, and the alarm delay time.
    (v) Following initial adjustment, the owner or operator shall not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided in paragraph (d)(1)(vi) of this section.
    (vi) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects, including temperature and humidity, according to the procedures 
identified in the site-specific monitoring plan required by paragraph 
(d)(2) of this section.
    (vii) The owner or operator must install the bag leak detection 
sensor downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.

[[Page 704]]

    (2) The owner or operator of the affected facility must develop and 
submit to the Administrator or delegated authority for approval of a 
site-specific monitoring plan for each bag leak detection system. The 
owner or operator must operate and maintain the bag leak detection 
system according to the site-specific monitoring plan at all times. Each 
monitoring plan must describe the items in paragraphs (d)(2)(i) through 
(vi) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (v) How the bag leak detection system output will be recorded and 
stored; and
    (vi) Corrective action procedures as specified in paragraph (d)(3) 
of this section. In approving the site-specific monitoring plan, the 
Administrator or delegated authority may allow owners and operators more 
than 3 hours to alleviate a specific condition that causes an alarm if 
the owner or operator identifies in the monitoring plan this specific 
condition as one that could lead to an alarm, adequately explains why it 
is not feasible to alleviate this condition within 3 hours of the time 
the alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable.
    (3) For each bag leak detection system, the owner or operator must 
initiate procedures to determine the cause of every alarm within 1 hour 
of the alarm. Except as provided in paragraph (d)(2)(vi) of this 
section, the owner or operator must alleviate the cause of the alarm 
within 3 hours of the alarm by taking whatever corrective action(s) are 
necessary. Corrective actions may include, but are not limited to the 
following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in PM 
emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective fabric filter compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the PM emissions.
    (e) As an alternative to the periodic Method 22 (40 CFR part 60, 
Appendix A-7) visible emissions inspections specified in paragraph (c) 
of this section, the owner or operator of any affected facility that is 
subject to the requirements for processed stone handling operations in 
the Lime Manufacturing NESHAP (40 CFR part 63, subpart AAAAA) may follow 
the continuous compliance requirements in row 1 items (i) through (iii) 
of Table 6 to Subpart AAAAA of 40 CFR part 63.



Sec. 60.675  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendices A-1 through A-7 of this part or other methods and 
procedures as specified in this section, except as provided in Sec. 
60.8(b). Acceptable alternative methods and procedures are given in 
paragraph (e) of this section.
    (b) The owner or operator shall determine compliance with the PM 
standards in Sec. 60.672(a) as follows:
    (1) Except as specified in paragraphs (e)(3) and (4) of this 
section, Method 5 of Appendix A-3 of this part or Method 17 of Appendix 
A-6 of this part shall be used to determine the particulate matter 
concentration. The sample volume shall be at least 1.70 dscm (60 dscf). 
For Method 5 (40 CFR part 60, Appendix A-3), if the gas stream being 
sampled is at ambient temperature, the sampling probe and filter may be 
operated without heaters. If the gas stream is above ambient 
temperature, the sampling probe and filter may be operated at a

[[Page 705]]

temperature high enough, but no higher than 121 [deg]C (250 [deg]F), to 
prevent water condensation on the filter.
    (2) Method 9 of Appendix A-4 of this part and the procedures in 
Sec. 60.11 shall be used to determine opacity.
    (c)(1) In determining compliance with the particulate matter 
standards in Sec. 60.672(b) or Sec. 60.672(e)(1), the owner or 
operator shall use Method 9 of Appendix A-4 of this part and the 
procedures in Sec. 60.11, with the following additions:
    (i) The minimum distance between the observer and the emission 
source shall be 4.57 meters (15 feet).
    (ii) The observer shall, when possible, select a position that 
minimizes interference from other fugitive emission sources (e.g., road 
dust). The required observer position relative to the sun (Method 9 of 
Appendix A-4 of this part, Section 2.1) must be followed.
    (iii) For affected facilities using wet dust suppression for 
particulate matter control, a visible mist is sometimes generated by the 
spray. The water mist must not be confused with particulate matter 
emissions and is not to be considered a visible emission. When a water 
mist of this nature is present, the observation of emissions is to be 
made at a point in the plume where the mist is no longer visible.
    (2)(i) In determining compliance with the opacity of stack emissions 
from any baghouse that controls emissions only from an individual 
enclosed storage bin under Sec. 60.672(f) of this subpart, using Method 
9 (40 CFR part 60, Appendix A-4), the duration of the Method 9 (40 CFR 
part 60, Appendix A-4) observations shall be 1 hour (ten 6-minute 
averages).
    (ii) The duration of the Method 9 (40 CFR part 60, Appendix A-4) 
observations may be reduced to the duration the affected facility 
operates (but not less than 30 minutes) for baghouses that control 
storage bins or enclosed truck or railcar loading stations that operate 
for less than 1 hour at a time.
    (3) When determining compliance with the fugitive emissions standard 
for any affected facility described under Sec. 60.672(b) or Sec. 
60.672(e)(1) of this subpart, the duration of the Method 9 (40 CFR part 
60, Appendix A-4) observations must be 30 minutes (five 6-minute 
averages). Compliance with the applicable fugitive emission limits in 
Table 3 of this subpart must be based on the average of the five 6-
minute averages.
    (d) To demonstrate compliance with the fugitive emission limits for 
buildings specified in Sec. 60.672(e)(1), the owner or operator must 
complete the testing specified in paragraph (d)(1) and (2) of this 
section. Performance tests must be conducted while all affected 
facilities inside the building are operating.
    (1) If the building encloses any affected facility that commences 
construction, modification, or reconstruction on or after April 22, 
2008, the owner or operator of the affected facility must conduct an 
initial Method 9 (40 CFR part 60, Appendix A-4) performance test 
according to this section and Sec. 60.11.
    (2) If the building encloses only affected facilities that commenced 
construction, modification, or reconstruction before April 22, 2008, and 
the owner or operator has previously conducted an initial Method 22 (40 
CFR part 60, Appendix A-7) performance test showing zero visible 
emissions, then the owner or operator has demonstrated compliance with 
the opacity limit in Sec. 60.672(e)(1). If the owner or operator has 
not conducted an initial performance test for the building before April 
22, 2008, then the owner or operator must conduct an initial Method 9 
(40 CFR part 60, Appendix A-4) performance test according to this 
section and Sec. 60.11 to show compliance with the opacity limit in 
Sec. 60.672(e)(1).
    (e) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For the method and procedure of paragraph (c) of this section, 
if emissions from two or more facilities continuously interfere so that 
the opacity of fugitive emissions from an individual affected facility 
cannot be read, either of the following procedures may be used:
    (i) Use for the combined emission stream the highest fugitive 
opacity standard applicable to any of the individual affected facilities 
contributing to the emissions stream.
    (ii) Separate the emissions so that the opacity of emissions from 
each affected facility can be read.

[[Page 706]]

    (2) A single visible emission observer may conduct visible emission 
observations for up to three fugitive, stack, or vent emission points 
within a 15-second interval if the following conditions are met:
    (i) No more than three emission points may be read concurrently.
    (ii) All three emission points must be within a 70 degree viewing 
sector or angle in front of the observer such that the proper sun 
position can be maintained for all three points.
    (iii) If an opacity reading for any one of the three emission points 
equals or exceeds the applicable standard, then the observer must stop 
taking readings for the other two points and continue reading just that 
single point.
    (3) Method 5I of Appendix A-3 of this part may be used to determine 
the PM concentration as an alternative to the methods specified in 
paragraph (b)(1) of this section. Method 5I (40 CFR part 60, Appendix A-
3) may be useful for affected facilities that operate for less than 1 
hour at a time such as (but not limited to) storage bins or enclosed 
truck or railcar loading stations.
    (4) In some cases, velocities of exhaust gases from building vents 
may be too low to measure accurately with the type S pitot tube 
specified in EPA Method 2 of Appendix A-1 of this part [i.e., velocity 
head <1.3 mm H2O (0.05 in. H2O)] and referred to 
in EPA Method 5 of Appendix A-3 of this part. For these conditions, the 
owner or operator may determine the average gas flow rate produced by 
the power fans (e.g., from vendor-supplied fan curves) to the building 
vent. The owner or operator may calculate the average gas velocity at 
the building vent measurement site using Equation 1 of this section and 
use this average velocity in determining and maintaining isokinetic 
sampling rates.
[GRAPHIC] [TIFF OMITTED] TR28AP09.007

Where:

Ve = average building vent velocity (feet per minute);
Qf = average fan flow rate (cubic feet per minute); and
Ae = area of building vent and measurement location (square 
feet).

    (f) To comply with Sec. 60.676(d), the owner or operator shall 
record the measurements as required in Sec. 60.676(c) using the 
monitoring devices in Sec. 60.674 (a)(1) and (2) during each 
particulate matter run and shall determine the averages.
    (g) For performance tests involving only Method 9 (40 CFR part 60 
Appendix A-4) testing, the owner or operator may reduce the 30-day 
advance notification of performance test in Sec. 60.7(a)(6) and 60.8(d) 
to a 7-day advance notification.
    (h) [Reserved]
    (i) If the initial performance test date for an affected facility 
falls during a seasonal shut down (as defined in Sec. 60.671 of this 
subpart) of the affected facility, then with approval from the 
permitting authority, the owner or operator may postpone the initial 
performance test until no later than 60 calendar days after resuming 
operation of the affected facility.



Sec. 60.676  Reporting and recordkeeping.

    (a) Each owner or operator seeking to comply with Sec. 60.670(d) 
shall submit to the Administrator the following information about the 
existing facility being replaced and the replacement piece of equipment.
    (1) For a crusher, grinding mill, bucket elevator, bagging 
operation, or enclosed truck or railcar loading station:
    (i) The rated capacity in megagrams or tons per hour of the existing 
facility being replaced and
    (ii) The rated capacity in tons per hour of the replacement 
equipment.
    (2) For a screening operation:
    (i) The total surface area of the top screen of the existing 
screening operation being replaced and
    (ii) The total surface area of the top screen of the replacement 
screening operation.
    (3) For a conveyor belt:
    (i) The width of the existing belt being replaced and
    (ii) The width of the replacement conveyor belt.
    (4) For a storage bin:
    (i) The rated capacity in megagrams or tons of the existing storage 
bin being replaced and

[[Page 707]]

    (ii) The rated capacity in megagrams or tons of replacement storage 
bins.
    (b)(1) Owners or operators of affected facilities (as defined in 
Sec. Sec. 60.670 and 60.671) for which construction, modification, or 
reconstruction commenced on or after April 22, 2008, must record each 
periodic inspection required under Sec. 60.674(b) or (c), including 
dates and any corrective actions taken, in a logbook (in written or 
electronic format). The owner or operator must keep the logbook onsite 
and make hard or electronic copies (whichever is requested) of the 
logbook available to the Administrator upon request.
    (2) For each bag leak detection system installed and operated 
according to Sec. 60.674(d), the owner or operator must keep the 
records specified in paragraphs (b)(2)(i) through (iii) of this section.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
the cause of the alarm, an explanation of the actions taken, the date 
and time the cause of the alarm was alleviated, and whether the cause of 
the alarm was alleviated within 3 hours of the alarm.
    (3) The owner or operator of each affected facility demonstrating 
compliance according to Sec. 60.674(e) by following the requirements 
for processed stone handling operations in the Lime Manufacturing NESHAP 
(40 CFR part 63, subpart AAAAA) must maintain records of visible 
emissions observations required by Sec. 63.7132(a)(3) and (b) of 40 CFR 
part 63, subpart AAAAA.
    (c) During the initial performance test of a wet scrubber, and daily 
thereafter, the owner or operator shall record the measurements of both 
the change in pressure of the gas stream across the scrubber and the 
scrubbing liquid flow rate.
    (d) After the initial performance test of a wet scrubber, the owner 
or operator shall submit semiannual reports to the Administrator of 
occurrences when the measurements of the scrubber pressure loss and 
liquid flow rate decrease by more than 30 percent from the average 
determined during the most recent performance test.
    (e) The reports required under paragraph (d) of this section shall 
be postmarked within 30 days following end of the second and fourth 
calendar quarters.
    (f) The owner or operator of any affected facility shall submit 
written reports of the results of all performance tests conducted to 
demonstrate compliance with the standards set forth in Sec. 60.672 of 
this subpart, including reports of opacity observations made using 
Method 9 (40 CFR part 60, Appendix A-4) to demonstrate compliance with 
Sec. 60.672(b), (e) and (f).
    (g) The owner or operator of any wet material processing operation 
that processes saturated and subsequently processes unsaturated 
materials, shall submit a report of this change within 30 days following 
such change. At the time of such change, this screening operation, 
bucket elevator, or belt conveyor becomes subject to the applicable 
opacity limit in Sec. 60.672(b) and the emission test requirements of 
Sec. 60.11.
    (h) The subpart A requirement under Sec. 60.7(a)(1) for 
notification of the date construction or reconstruction commenced is 
waived for affected facilities under this subpart.
    (i) A notification of the actual date of initial startup of each 
affected facility shall be submitted to the Administrator.
    (1) For a combination of affected facilities in a production line 
that begin actual initial startup on the same day, a single notification 
of startup may be submitted by the owner or operator to the 
Administrator. The notification shall be postmarked within 15 days after 
such date and shall include a description of each affected facility, 
equipment manufacturer, and serial number of the equipment, if 
available.
    (2) For portable aggregate processing plants, the notification of 
the actual date of initial startup shall include both the home office 
and the current address or location of the portable plant.

[[Page 708]]

    (j) The requirements of this section remain in force until and 
unless the Agency, in delegating enforcement authority to a State under 
section 111(c) of the Act, approves reporting requirements or an 
alternative means of compliance surveillance adopted by such States. In 
that event, affected facilities within the State will be relieved of the 
obligation to comply with the reporting requirements of this section, 
provided that they comply with requirements established by the State.
    (k) Notifications and reports required under this subpart and under 
subpart A of this part to demonstrate compliance with this subpart need 
only to be sent to the EPA Region or the State which has been delegated 
authority according to Sec. 60.4(b).



Sec. Table 1 to Subpart OOO--Exceptions to Applicability of Subpart A to 
                               Subpart OOO

   Table 1 to Subpart OOO--Exceptions to Applicability of Subpart A to
                               Subpart OOO
------------------------------------------------------------------------
                                      Applies to
       Subpart A reference           subpart OOO         Explanation
------------------------------------------------------------------------
60.4, Address...................  Yes..............  Except in Sec.
                                                      60.4(a) and (b)
                                                      submittals need
                                                      not be submitted
                                                      to both the EPA
                                                      Region and
                                                      delegated State
                                                      authority (Sec.
                                                      60.676(k)).
60.7, Notification and            Yes..............  Except in (a)(1)
 recordkeeping.                                       notification of
                                                      the date
                                                      construction or
                                                      reconstruction
                                                      commenced (Sec.
                                                      60.676(h)).
                                                     Also, except in
                                                      (a)(6) performance
                                                      tests involving
                                                      only Method 9 (40
                                                      CFR part 60,
                                                      Appendix A-4)
                                                      require a 7-day
                                                      advance
                                                      notification
                                                      instead of 30 days
                                                      (Sec.
                                                      60.675(g)).
60.8, Performance tests.........  Yes..............  Except in (d)
                                                      performance tests
                                                      involving only
                                                      Method 9 (40 CFR
                                                      part 60, Appendix
                                                      A-4) require a 7-
                                                      day advance
                                                      notification
                                                      instead of 30 days
                                                      (Sec.
                                                      60.675(g)).
60.11, Compliance with standards  Yes..............  Except in (b) under
 and maintenance requirements.                        certain conditions
                                                      (Sec. Sec.
                                                      60.675(c)), Method
                                                      9 (40 CFR part 60,
                                                      Appendix A-4)
                                                      observation is
                                                      reduced from 3
                                                      hours to 30
                                                      minutes for
                                                      fugitive
                                                      emissions.
60.18, General control device...  No...............  Flares will not be
                                                      used to comply
                                                      with the emission
                                                      limits.
------------------------------------------------------------------------



    Sec. Table 2 to Subpart OOO--Stack Emission Limits for Affected 
                     Facilities With Capture Systems

           Table 2 to Subpart OOO--Stack Emission Limits for Affected Facilities With Capture Systems
----------------------------------------------------------------------------------------------------------------
                                                                                          The owner or operator
                                        The owner or operator       And the owner or         must demonstrate
              For * * *                must meet a PM limit of   operator must meet an    compliance with these
                                                * * *            opacity limit of * * *   limits by conducting *
                                                                                                   * *
----------------------------------------------------------------------------------------------------------------
Affected facilities (as defined in     0.05 g/dscm (0.022 gr/   7 percent for dry        An initial performance
 Sec. Sec. 60.670 and 60.671) that   dscf) \a\.               control devices \b\.     test according to Sec.
 commenced construction,                                                                    60.8 of this part
 modification, or reconstruction                                                          and Sec. 60.675 of
 after August 31, 1983 but before                                                         this subpart; and
 April 22, 2008.                                                                         Monitoring of wet
                                                                                          scrubber parameters
                                                                                          according to Sec.
                                                                                          60.674(a) and Sec.
                                                                                          60.676(c), (d), and
                                                                                          (e).
Affected facilities (as defined in     0.032 g/dscm (0.014 gr/  Not applicable (except   An initial performance
 Sec. Sec. 60.670 and 60.671) that   dscf) \a\.               for individual           test according to Sec.
 commence construction, modification,                            enclosed storage bins).    60.8 of this part
 or reconstruction on or after April                            7 percent for dry         and Sec. 60.675 of
 22, 2008.                                                       control devices on       this subpart; and
                                                                 individual enclosed     Monitoring of wet
                                                                 storage bins.            scrubber parameters
                                                                                          according to Sec.
                                                                                          60.674(a) and Sec.
                                                                                          60.676(c), (d), and
                                                                                          (e); and
                                                                                         Monitoring of baghouses
                                                                                          according to Sec.
                                                                                          60.674(c), (d), or (e)
                                                                                          and Sec. 60.676(b).
----------------------------------------------------------------------------------------------------------------
\a\ Exceptions to the PM limit apply for individual enclosed storage bins and other equipment. See Sec.
  60.672(d) through (f).
\b\ The stack opacity limit and associated opacity testing requirements do not apply for affected facilities
  using wet scrubbers.


[[Page 709]]



          Sec. Table 3 to Subpart OOO--Fugitive Emission Limits

                                Table 3 to Subpart OOO--Fugitive Emission Limits
----------------------------------------------------------------------------------------------------------------
                                        The owner or operator
                                       must meet the following
                                          fugitive emissions
                                          limit for grinding
                                           mills, screening
                                          operations, bucket
                                         elevators, transfer     The owner or operator    The owner or operator
                                            points on belt      must meet the following      must demonstrate
              For * * *                   conveyors, bagging       fugitive emissions     compliance with these
                                         operations, storage     limit for crushers at    limits by conducting *
                                       bins, enclosed truck or   which a capture system            * *
                                           railcar loading         is not used * * *
                                         stations or from any
                                       other affected facility
                                         (as defined in Sec.
                                          Sec. 60.670 and
                                            60.671) * * *
----------------------------------------------------------------------------------------------------------------
Affected facilities (as defined in     10 percent opacity.....  15 percent opacity.....  An initial performance
 Sec. Sec. 60.670 and 60.671) that                                                     test according to Sec.
 commenced construction,                                                                    60.11 of this part
 modification, or reconstruction                                                          and Sec. 60.675 of
 after August 31, 1983 but before                                                         this subpart.
 April 22, 2008.
Affected facilities (as defined in     7 percent opacity......  12 percent opacity.....  An initial performance
 Sec. Sec. 60.670 and 60.671) that                                                     test according to Sec.
 commence construction, modification,                                                       60.11 of this part
 or reconstruction on or after April                                                      and Sec. 60.675 of
 22, 2008.                                                                                this subpart; and
                                                                                         Periodic inspections of
                                                                                          water sprays according
                                                                                          to Sec. 60.674(b)
                                                                                          and Sec. 60.676(b);
                                                                                          and
                                                                                         A repeat performance
                                                                                          test according to Sec.
                                                                                            60.11 of this part
                                                                                          and Sec. 60.675 of
                                                                                          this subpart within 5
                                                                                          years from the
                                                                                          previous performance
                                                                                          test for fugitive
                                                                                          emissions from
                                                                                          affected facilities
                                                                                          without water sprays.
                                                                                          Affected facilities
                                                                                          controlled by water
                                                                                          carryover from
                                                                                          upstream water sprays
                                                                                          that are inspected
                                                                                          according to the
                                                                                          requirements in Sec.
                                                                                          60.674(b) and Sec.
                                                                                          60.676(b) are exempt
                                                                                          from this 5-year
                                                                                          repeat testing
                                                                                          requirement.
----------------------------------------------------------------------------------------------------------------



   Subpart PPP_Standard of Performance for Wool Fiberglass Insulation 
                          Manufacturing Plants

    Source: 50 FR 7699, Feb. 25, 1985, unless otherwise noted.



Sec. 60.680  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each rotary spin wool fiberglass insulation manufacturing line.
    (b) The owner or operator of any facility under paragraph (a) of 
this section that commences construction, modification, or 
reconstruction after February 7, 1984, is subject to the requirements of 
this subpart.



Sec. 60.681  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Glass pull rate means the mass of molten glass utilized in the 
manufacture of wool fiberglass insulation at a single manufacturing line 
in a specified time period.
    Manufacturing line means the manufacturing equipment comprising the 
forming section, where molten glass is fiberized and a fiberglass mat is 
formed; the curing section, where the binder resin in the mat is 
thermally

[[Page 710]]

``set;'' and the cooling section, where the mat is cooled.
    Rotary spin means a process used to produce wool fiberglass 
insulation by forcing molten glass through numerous small orifices in 
the side wall of a spinner to form continuous glass fibers that are then 
broken into discrete lengths by high velocity air flow.
    Wool fiberglass insulation means a thermal insulation material 
composed of glass fibers and made from glass produced or melted at the 
same facility where the manufacturing line is located.



Sec. 60.682  Standard for particulate matter.

    On and after the date on which the performance test required to be 
conducted by Sec. 60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain 
particulate matter in excess of 5.5 kg/Mg (11.0 1b/ton) of glass pulled.



Sec. 60.683  Monitoring of operations.

    (a) An owner or operator subject to the provisions of this subpart 
who uses a wet scrubbing control device to comply with the mass emission 
standard shall install, calibrate, maintain, and operate monitoring 
devices that measure the gas pressure drop across each scrubber and the 
scrubbing liquid flow rate to each scrubber. The pressure drop monitor 
is to be certified by its manufacturer to be accurate within 250 pascals (1 inch water gauge) 
over its operating range, and the flow rate monitor is to be certified 
by its manufacturer to be accurate within 5 
percent over its operating range.
    (b) An owner or operator subject to the provisions of this subpart 
who uses a wet electrostatic precipitator control device to comply with 
the mass emission standard shall install, calibrate, maintain, and 
operate monitoring devices that measure the primary and secondary 
current (amperes) and voltage in each electrical field and the inlet 
water flow rate. In addition, the owner or operator shall determine the 
total residue (total solids) content of the water entering the control 
device once per day using Method 209A, ``Total Residue Dried at 103-105 
[deg]C,'' in Standard Methods for the Examination of Water and 
Wastewater, 15th Edition, 1980 (incorporated by reference--see Sec. 
60.17). Total residue shall be reported as percent by weight. All 
monitoring devices required under this paragraph are to be certified by 
their manufacturers to be accurate within 5 
percent over their operating range.
    (c) All monitoring devices required under this section are to be 
recalibrated quarterly in accordance with procedures under Sec. 
60.13(b).



Sec. 60.684  Recordkeeping and reporting requirements.

    (a) At 30-minute intervals during each 2-hour test run of each 
performance test of a wet scrubber control device and at least once 
every 4 hours thereafter, the owner or operator shall record the 
measurements required by Sec. 60.683(a).
    (b) At 30-minute intervals during each 2-hour test run of each 
performance test of a wet electrostatic precipitator control device and 
at least once every 4 hours thereafter, the owner or operator shall 
record the measurements required by Sec. 60.683(b), except that the 
concentration of total residue in the water shall be recorded once 
during each performance test and once per day thereafter.
    (c) Records of the measurements required in paragraphs (a) and (b) 
of this section must be retained for at least 2 years.
    (d) Each owner or operator shall submit written semiannual reports 
of exceedances of control device operating parameters required to be 
monitored by paragraphs (a) and (b) of this section and written 
documentation of, and a report of corrective maintenance required as a 
result of, quarterly calibrations of the monitoring devices required in 
Sec. 60.683(c). For the purpose of these reports, exceedances are 
defined as any monitoring data that are less than 70 percent of the 
lowest value or greater than 130 percent of the highest value of each 
operating parameter recorded during the most recent performance test.
    (e) The requirements of this section remain in force until and 
unless the

[[Page 711]]

Agency, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected facilities within the State will be relieved of the obligation 
to comply with this section, provided that they comply with the 
requirements established by the State.



Sec. 60.685  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec. 60.8(b).
    (b) The owner or operator shall conduct performance tests while the 
product with the highest loss on ignition (LOI) expected to be produced 
by the affected facility is being manufactured.
    (c) The owner or operator shall determine compliance with the 
particulate matter standard in Sec. 60.682 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E=(Ct Qsd)/(Pavg K)

where:

E = emission rate of particulate matter, kg/Mg (lb/ton).
Ct = concentration of particulate matter, g/dscm (gr/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
hr).
Pavg = average glass pull rate, Mg/hr (ton/hr).
K = 1,000 g/kg (7,000 gr/lb).

    (2) Method 5E shall be used to determine the particulate matter 
concentration (Ct) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume shall be at least 120 minutes and 2.55 dscm (90.1 dscf).
    (3) The average glass pull rate (Pavg) for the 
manufacturing line shall be the arithmetic average of three glass pull 
rate (Pi) determinations taken at intervals of at least 30 
minutes during each run.

The individual glass pull rates (Pi) shall be computed using 
the following equation:

Pi=K' Ls Wm M [1.0-(LOI/100)]

where:

Pi=glass pull rate at interval ``i'', Mg/hr (ton/hr).
Ls=line speed, m/min (ft/min).
Wm=trimmed mat width, m (ft).
M=mat gram weight, g/m\2\ (lb/ft\2\).
LOI=loss on ignition, weight percent.
K'=conversion factor, 6x10-5 (min-Mg)/(hr-g) 
[3x10-2 (min-ton)/(hr-lb)].

    (i) ASTM D2584-68 (Reapproved 1985) or 94 (incorporated by 
reference--see Sec. 60.17), shall be used to determine the LOI for each 
run.
    (ii) Line speed (Ls), trimmed mat width (Wm), 
and mat gram weight (M) shall be determined for each run from the 
process information or from direct measurements.
    (d) To comply with Sec. 60.684(d), the owner or operator shall 
record measurements as required in Sec. 60.684 (a) and (b) using the 
monitoring devices in Sec. 60.683 (a) and (b) during the particulate 
matter runs.

[54 FR 6680, Feb. 14, 1989, as amended at 65 FR 61778, Oct. 17, 2000]



 Subpart QQQ_Standards of Performance for VOC Emissions From Petroleum 
                       Refinery Wastewater Systems

    Source: 53 FR 47623, Nov. 23, 1988, unless otherwise noted.



Sec. 60.690  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
located in petroleum refineries for which construction, modification, or 
reconstruction is commenced after May 4, 1987.
    (2) An individual drain system is a separate affected facility.
    (3) An oil-water separator is a separate affected facility.
    (4) An aggregate facility is a separate affected facility.
    (b) Notwithstanding the provisions of 40 CFR 60.14(e)(2), the 
construction or installation of a new individual drain system shall 
constitute a modification to an affected facility described in Sec. 
60.690(a)(4). For purposes of this paragraph, a new individual drain 
system shall be limited to all process drains and the first common 
junction box.

[[Page 712]]



Sec. 60.691  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act or in subpart A of 40 CFR part 60, and the 
following terms shall have the specific meanings given them.
    Active service means that a drain is receiving refinery wastewater 
from a process unit that will continuously maintain a water seal.
    Aggregate facility means an individual drain system together with 
ancillary downstream sewer lines and oil-water separators, down to and 
including the secondary oil-water separator, as applicable.
    Catch basin means an open basin which serves as a single collection 
point for stormwater runoff received directly from refinery surfaces and 
for refinery wastewater from process drains.
    Closed vent system means a system that is not open to the atmosphere 
and that is composed of piping, connections, and, if necessary, flow-
inducing devices that transport gas or vapor from an emission source to 
a control device. If gas or vapor from regulated equipment are routed to 
a process (e.g., to a petroleum refinery fuel gas system), the process 
shall not be considered a closed vent system and is not subject to the 
closed vent system standards.
    Completely closed drain system means an individual drain system that 
is not open to the atmosphere and is equipped and operated with a closed 
vent system and control device complying with the requirements of Sec. 
60.692-5.
    Control device means an enclosed combustion device, vapor recovery 
system or flare.
    Fixed roof means a cover that is mounted to a tank or chamber in a 
stationary manner and which does not move with fluctuations in 
wastewater levels.
    Floating roof means a pontoon-type or double-deck type cover that 
rests on the liquid surface.
    Gas-tight means operated with no detectable emissions.
    Individual drain system means all process drains connected to the 
first common downstream junction box. The term includes all such drains 
and common junction box, together with their associated sewer lines and 
other junction boxes, down to the receiving oil-water separator.
    Junction box means a manhole or access point to a wastewater sewer 
system line.
    No detectable emissions means less than 500 ppm above background 
levels, as measured by a detection instrument in accordance with Method 
21 in appendix A of 40 CFR part 60.
    Non-contact cooling water system means a once-through drain, 
collection and treatment system designed and operated for collecting 
cooling water which does not come into contact with hydrocarbons or oily 
wastewater and which is not recirculated through a cooling tower.
    Oil-water separator means wastewater treatment equipment used to 
separate oil from water consisting of a separation tank, which also 
includes the forebay and other separator basins, skimmers, weirs, grit 
chambers, and sludge hoppers. Slop oil facilities, including tanks, are 
included in this term along with storage vessels and auxiliary equipment 
located between individual drain systems and the oil-water separator. 
This term does not include storage vessels or auxiliary equipment which 
do not come in contact with or store oily wastewater.
    Oily wastewater means wastewater generated during the refinery 
process which contains oil, emulsified oil, or other hydrocarbons. Oily 
wastewater originates from a variety of refinery processes including 
cooling water, condensed stripping steam, tank draw-off, and contact 
process water.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through the distillation of petroleum, or through the 
redistillation of petroleum, cracking, or reforming unfinished petroleum 
derivatives.
    Sewer line means a lateral, trunk line, branch line, ditch, channel, 
or other conduit used to convey refinery wastewater to downstream 
components of a refinery wastewater treatment

[[Page 713]]

system. This term does not include buried, below-grade sewer lines.
    Slop oil means the floating oil and solids that accumulate on the 
surface of an oil-water separator.
    Storage vessel means any tank, reservoir, or container used for the 
storage of petroleum liquids, including oily wastewater.
    Stormwater sewer system means a drain and collection system designed 
and operated for the sole purpose of collecting stormwater and which is 
segregated from the process wastewater collection system.
    Wastewater system means any component, piece of equipment, or 
installation that receives, treats, or processes oily wastewater from 
petroleum refinery process units.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water that has a design capability to create a water 
barrier between the sewer and the atmosphere.

[53 FR 47623, Nov. 23, 1985, as amended at 60 FR 43259, Aug. 18, 1995]



Sec. 60.692-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of Sec. Sec. 60.692-1 to 60.692-5 
and with Sec. Sec. 60.693-1 and 60.693-2, except during periods of 
startup, shutdown, or malfunction.
    (b) Compliance with Sec. Sec. 60.692-1 to 60.692-5 and with 
Sec. Sec. 60.693-1 and 60.693-2 will be determined by review of records 
and reports, review of performance test results, and inspection using 
the methods and procedures specified in Sec. 60.696.
    (c) Permission to use alternative means of emission limitation to 
meet the requirements of Sec. Sec. 60.692-2 through 60.692-4 may be 
granted as provided in Sec. 60.694.
    (d)(1) Stormwater sewer systems are not subject to the requirements 
of this subpart.
    (2) Ancillary equipment, which is physically separate from the 
wastewater system and does not come in contact with or store oily 
wastewater, is not subject to the requirements of this subpart.
    (3) Non-contact cooling water systems are not subject to the 
requirements of this subpart.
    (4) An owner or operator shall demonstrate compliance with the 
exclusions in paragraphs (d)(1), (2), and (3) of this section as 
provided in Sec. 60.697 (h), (i), and (j).



Sec. 60.692-2  Standards: Individual drain systems.

    (a)(1) Each drain shall be equipped with water seal controls.
    (2) Each drain in active service shall be checked by visual or 
physical inspection initially and monthly thereafter for indications of 
low water levels or other conditions that would reduce the effectiveness 
of the water seal controls.
    (3) Except as provided in paragraph (a)(4) of this section, each 
drain out of active service shall be checked by visual or physical 
inspection initially and weekly thereafter for indications of low water 
levels or other problems that could result in VOC emissions.
    (4) As an alternative to the requirements in paragraph (a)(3) of 
this section, if an owner or operator elects to install a tightly sealed 
cap or plug over a drain that is out of service, inspections shall be 
conducted initially and semiannually to ensure caps or plugs are in 
place and properly installed.
    (5) Whenever low water levels or missing or improperly installed 
caps or plugs are identified, water shall be added or first efforts at 
repair shall be made as soon as practicable, but not later than 24 hours 
after detection, except as provided in Sec. 60.692-6.
    (b)(1) Junction boxes shall be equipped with a cover and may have an 
open vent pipe. The vent pipe shall be at least 90 cm (3 ft) in length 
and shall not exceed 10.2 cm (4 in) in diameter.
    (2) Junction box covers shall have a tight seal around the edge and 
shall be kept in place at all times, except during inspection and 
maintenance.
    (3) Junction boxes shall be visually inspected initially and 
semiannually thereafter to ensure that the cover is in place and to 
ensure that the cover has a tight seal around the edge.
    (4) If a broken seal or gap is identified, first effort at repair 
shall be made as soon as practicable, but not later than 15 calendar 
days after the broken seal or gap is identified, except as provided in 
Sec. 60.692-6.

[[Page 714]]

    (c)(1) Sewer lines shall not be open to the atmosphere and shall be 
covered or enclosed in a manner so as to have no visual gaps or cracks 
in joints, seals, or other emission interfaces.
    (2) The portion of each unburied sewer line shall be visually 
inspected initially and semiannually thereafter for indication of 
cracks, gaps, or other problems that could result in VOC emissions.
    (3) Whenever cracks, gaps, or other problems are detected, repairs 
shall be made as soon as practicable, but not later than 15 calendar 
days after identification, except as provided in Sec. 60.692-6.
    (d) Except as provided in paragraph (e) of this section, each 
modified or reconstructed individual drain system that has a catch basin 
in the existing configuration prior to May 4, 1987 shall be exempt from 
the provisions of this section.
    (e) Refinery wastewater routed through new process drains and a new 
first common downstream junction box, either as part of a new individual 
drain system or an existing individual drain system, shall not be routed 
through a downstream catch basin.



Sec. 60.692-3  Standards: Oil-water separators.

    (a) Each oil-water separator tank, slop oil tank, storage vessel, or 
other auxiliary equipment subject to the requirements of this subpart 
shall be equipped and operated with a fixed roof, which meets the 
following specifications, except as provided in paragraph (d) of this 
section or in Sec. 60.693-2.
    (1) The fixed roof shall be installed to completely cover the 
separator tank, slop oil tank, storage vessel, or other auxiliary 
equipment with no separation between the roof and the wall.
    (2) The vapor space under a fixed roof shall not be purged unless 
the vapor is directed to a control device.
    (3) If the roof has access doors or openings, such doors or openings 
shall be gasketed, latched, and kept closed at all times during 
operation of the separator system, except during inspection and 
maintenance.
    (4) Roof seals, access doors, and other openings shall be checked by 
visual inspection initially and semiannually thereafter to ensure that 
no cracks or gaps occur between the roof and wall and that access doors 
and other openings are closed and gasketed properly.
    (5) When a broken seal or gasket or other problem is identified, 
first efforts at repair shall be made as soon as practicable, but not 
later than 15 calendar days after it is identified, except as provided 
in Sec. 60.692-6.
    (b) Each oil-water separator tank or auxiliary equipment with a 
design capacity to treat more than 16 liters per second (250 gallons per 
minute (gpm)) of refinery wastewater shall, in addition to the 
requirements in paragraph (a) of this section, be equipped and operated 
with a closed vent system and control device, which meet the 
requirements of Sec. 60.692-5, except as provided in paragraph (c) of 
this section or in Sec. 60.693-2.
    (c)(1) Each modified or reconstructed oil-water separator tank with 
a maximum design capacity to treat less than 38 liters per second (600 
gpm) of refinery wastewater which was equipped and operated with a fixed 
roof covering the entire separator tank or a portion of the separator 
tank prior to May 4, 1987 shall be exempt from the requirements of 
paragraph (b) of this section, but shall meet the requirements of 
paragraph (a) of this section, or may elect to comply with paragraph 
(c)(2) of this section.
    (2) The owner or operator may elect to comply with the requirements 
of paragraph (a) of this section for the existing fixed roof covering a 
portion of the separator tank and comply with the requirements for 
floating roofs in Sec. 60.693-2 for the remainder of the separator 
tank.
    (d) Storage vessels, including slop oil tanks and other auxiliary 
tanks that are subject to the standards in Sec. Sec. 60.112, 60.112a, 
and 60.112b and associated requirements, 40 CFR part 60, subparts K, Ka, 
or Kb are not subject to the requirements of this section.
    (e) Slop oil from an oil-water separator tank and oily wastewater 
from slop oil handling equipment shall be collected, stored, 
transported, recycled, reused, or disposed of in an enclosed system. 
Once slop oil is returned to the process unit or is disposed of, it is 
no longer within the scope of this

[[Page 715]]

subpart. Equipment used in handling slop oil shall be equipped with a 
fixed roof meeting the requirements of paragraph (a) of this section.
    (f) Each oil-water separator tank, slop oil tank, storage vessel, or 
other auxiliary equipment that is required to comply with paragraph (a) 
of this section, and not paragraph (b) of this section, may be equipped 
with a pressure control valve as necessary for proper system operation. 
The pressure control valve shall be set at the maximum pressure 
necessary for proper system operation, but such that the value will not 
vent continuously.

[53 FR 47623, Nov. 23, 1985, as amended at 60 FR 43259, Aug. 18, 1995; 
65 FR 61778, Oct. 17, 2000]



Sec. 60.692-4  Standards: Aggregate facility.

    A new, modified, or reconstructed aggregate facility shall comply 
with the requirements of Sec. Sec. 60.692-2 and 60.692-3.



Sec. 60.692-5  Standards: Closed vent systems and control devices.

    (a) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 percent 
or greater or to provide a minimum residence time of 0.75 seconds at a 
minimum temperature of 816 [deg]C (1,500 [deg]F).
    (b) Vapor recovery systems (for example, condensers and adsorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater.
    (c) Flares used to comply with this subpart shall comply with the 
requirements of 40 CFR 60.18.
    (d) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.
    (e)(1) Closed vent systems shall be designed and operated with no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background, as determined during the initial and 
semiannual inspections by the methods specified in Sec. 60.696.
    (2) Closed vent systems shall be purged to direct vapor to the 
control device.
    (3) A flow indicator shall be installed on a vent stream to a 
control device to ensure that the vapors are being routed to the device.
    (4) All gauging and sampling devices shall be gas-tight except when 
gauging or sampling is taking place.
    (5) When emissions from a closed system are detected, first efforts 
at repair to eliminate the emissions shall be made as soon as 
practicable, but not later than 30 calendar days from the date the 
emissions are detected, except as provided in Sec. 60.692-6.



Sec. 60.692-6  Standards: Delay of repair.

    (a) Delay of repair of facilities that are subject to the provisions 
of this subpart will be allowed if the repair is technically impossible 
without a complete or partial refinery or process unit shutdown.
    (b) Repair of such equipment shall occur before the end of the next 
refinery or process unit shutdown.



Sec. 60.692-7  Standards: Delay of compliance.

    (a) Delay of compliance of modified individual drain systems with 
ancillary downstream treatment components will be allowed if compliance 
with the provisions of this subpart cannot be achieved without a 
refinery or process unit shutdown.
    (b) Installation of equipment necessary to comply with the 
provisions of this subpart shall occur no later than the next scheduled 
refinery or process unit shutdown.



Sec. 60.693-1  Alternative standards for individual drain systems.

    (a) An owner or operator may elect to construct and operate a 
completely closed drain system.
    (b) Each completely closed drain system shall be equipped and 
operated with a closed vent system and control device complying with the 
requirements of Sec. 60.692-5.
    (c) An owner or operator must notify the Administrator in the report 
required in 40 CFR 60.7 that the owner or operator has elected to 
construct and operate a completely closed drain system.

[[Page 716]]

    (d) If an owner or operator elects to comply with the provisions of 
this section, then the owner or operator does not need to comply with 
the provisions of Sec. 60.692-2 or Sec. 60.694.
    (e)(1) Sewer lines shall not be open to the atmosphere and shall be 
covered or enclosed in a manner so as to have no visual gaps or cracks 
in joints, seals, or other emission interfaces.
    (2) The portion of each unburied sewer line shall be visually 
inspected initially and semiannually thereafter for indication of 
cracks, gaps, or other problems that could result in VOC emissions.
    (3) Whenever cracks, gaps, or other problems are detected, repairs 
shall be made as soon as practicable, but not later than 15 calendar 
days after identification, except as provided in Sec. 60.692-6.



Sec. 60.693-2  Alternative standards for oil-water separators.

    (a) An owner or operator may elect to construct and operate a 
floating roof on an oil-water separator tank, slop oil tank, storage 
vessel, or other auxiliary equipment subject to the requirements of this 
subpart which meets the following specifications.
    (1) Each floating roof shall be equipped with a closure device 
between the wall of the separator and the roof edge. The closure device 
is to consist of a primary seal and a secondary seal.
    (i) The primary seal shall be a liquid-mounted seal or a mechanical 
shoe seal.
    (A) A liquid-mounted seal means a foam- or liquid-filled seal 
mounted in contact with the liquid between the wall of the separator and 
the floating roof. A mechanical shoe seal means a metal sheet held 
vertically against the wall of the separator by springs or weighted 
levers and is connected by braces to the floating roof. A flexible 
coated fabric (envelope) spans the annular space between the metal sheet 
and the floating roof.
    (B) The gap width between the primary seal and the separator wall 
shall not exceed 3.8 cm (1.5 in.) at any point.
    (C) The total gap area between the primary seal and the separator 
wall shall not exceed 67 cm\2\/m (3.2 in.\2\/ft) of separator wall 
perimeter.
    (ii) The secondary seal shall be above the primary seal and cover 
the annular space between the floating roof and the wall of the 
separator.
    (A) The gap width between the secondary seal and the separator wall 
shall not exceed 1.3 cm (0.5 in.) at any point.
    (B) The total gap area between the secondary seal and the separator 
wall shall not exceed 6.7 cm\2\/m (0.32 in.\2\/ft) of separator wall 
perimeter.
    (iii) The maximum gap width and total gap area shall be determined 
by the methods and procedures specified in Sec. 60.696(d).
    (A) Measurement of primary seal gaps shall be performed within 60 
calendar days after initial installation of the floating roof and 
introduction of refinery wastewater and once every 5 years thereafter.
    (B) Measurement of secondary seal gaps shall be performed within 60 
calendar days of initial introduction of refinery wastewater and once 
every year thereafter.
    (iv) The owner or operator shall make necessary repairs within 30 
calendar days of identification of seals not meeting the requirements 
listed in paragraphs (a)(1) (i) and (ii) of this section.
    (2) Except as provided in paragraph (a)(4) of this section, each 
opening in the roof shall be equipped with a gasketed cover, seal, or 
lid, which shall be maintained in a closed position at all times, except 
during inspection and maintenance.
    (3) The roof shall be floating on the liquid (i.e., off the roof 
supports) at all times except during abnormal conditions (i.e., low flow 
rate).
    (4) The floating roof may be equipped with one or more emergency 
roof drains for removal of stormwater. Each emergency roof drain shall 
be fitted with a slotted membrane fabric cover that covers at least 90 
percent of the drain opening area or a flexible fabric sleeve seal.
    (5)(i) Access doors and other openings shall be visually inspected 
initially and semiannually thereafter to ensure that there is a tight 
fit around the edges and to identify other problems that could result in 
VOC emissions.

[[Page 717]]

    (ii) When a broken seal or gasket on an access door or other opening 
is identified, it shall be repaired as soon as practicable, but not 
later than 30 calendar days after it is identified, except as provided 
in Sec. 60.692-6.
    (b) An owner or operator must notify the Administrator in the report 
required by 40 CFR 60.7 that the owner or operator has elected to 
construct and operate a floating roof under paragraph (a) of this 
section.
    (c) For portions of the oil-water separator tank where it is 
infeasible to construct and operate a floating roof, such as the skimmer 
mechanism and weirs, a fixed roof meeting the requirements of Sec. 
60.692-3(a) shall be installed.
    (d) Except as provided in paragraph (c) of this section, if an owner 
or operator elects to comply with the provisions of this section, then 
the owner or operator does not need to comply with the provisions of 
Sec. Sec. 60.692-3 or 60.694 applicable to the same facilities.

[53 FR 47623, Nov. 23, 1985, as amended at 60 FR 43259, Aug. 18, 1995]



Sec. 60.694  Permission to use alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in VOC emissions at least 
equivalent to the reduction in VOC emissions achieved by the applicable 
requirement in Sec. 60.692, the Administrator will publish in the 
Federal Register a notice permitting the use of the alternative means 
for purposes of compliance with that requirement. The notice may 
condition the permission on requirements related to the operation and 
maintenance of the alternative means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall collect, 
verify, and submit to the Administrator information showing that the 
alternative means achieves equivalent emission reductions.



Sec. 60.695  Monitoring of operations.

    (a) Each owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate according to 
manufacturer's specifications the following equipment, unless 
alternative monitoring procedures or requirements are approved for that 
facility by the Administrator.
    (1) Where a thermal incinerator is used for VOC emission reduction, 
a temperature monitoring device equipped with a continuous recorder 
shall be used to measure the temperature of the gas stream in the 
combustion zone of the incinerator. The temperature monitoring device 
shall have an accuracy of 1 percent of the 
temperature being measured, expressed in [deg]C, or 0.5 [deg]C (0.9 [deg]F), whichever is greater.
    (2) Where a catalytic incinerator is used for VOC emission 
reduction, temperature monitoring devices, each equipped with a 
continuous recorder shall be used to measure the temperature in the gas 
stream immediately before and after the catalyst bed of the incinerator. 
The temperature monitoring devices shall have an accuracy of 1 percent of the temperature being measured, expressed 
in [deg]C, or 0.5 [deg]C (0.9 [deg]F), whichever 
is greater.
    (3) Where a carbon adsorber is used for VOC emissions reduction, a 
monitoring device that continuously indicates and records the VOC 
concentration level or reading of organics in the exhaust gases of the 
control device outlet gas stream or inlet and outlet gas stream shall be 
used.
    (i) For a carbon adsorption system that regenerates the carbon bed 
directly onsite, a monitoring device that continuously indicates and 
records the volatile organic compound concentration level or reading of 
organics in the exhaust gases of the control device outlet gas stream or 
inlet and outlet gas stream shall be used.
    (ii) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device (e.g., a carbon 
canister), the concentration level of the organic compounds in the 
exhaust vent stream from the carbon adsorption system shall be monitored 
on a regular schedule, and the existing carbon shall be replaced with 
fresh carbon immediately when carbon breakthrough is indicated. The 
device shall be monitored on a daily basis or at intervals no

[[Page 718]]

greater than 20 percent of the design carbon replacement interval, 
whichever is greater. As an alternative to conducting this monitoring, 
an owner or operator may replace the carbon in the carbon adsorption 
system with fresh carbon at a regular predetermined time interval that 
is less than the carbon replacement interval that is determined by the 
maximum design flow rate and organic concentration in the gas stream 
vented to the carbon adsorption system.
    (4) Where a flare is used for VOC emission reduction, the owner or 
operator shall comply with the monitoring requirements of 40 CFR 
60.18(f)(2).
    (b) Where a VOC recovery device other than a carbon adsorber is used 
to meet the requirements specified in Sec. 60.692-5(a), the owner or 
operator shall provide to the Administrator information describing the 
operation of the control device and the process parameter(s) that would 
indicate proper operation and maintenance of the device. The 
Administrator may request further information and will specify 
appropriate monitoring procedures or requirements.
    (c) An alternative operational or process parameter may be monitored 
if it can be demonstrated that another parameter will ensure that the 
control device is operated in conformance with these standards and the 
control device's design specifications.

[53 FR 47623, Nov. 23, 1985, as amended at 60 FR 43259, Aug. 18, 1995; 
65 FR 61778, Oct. 17, 2000]



Sec. 60.696  Performance test methods and procedures and compliance
provisions.

    (a) Before using any equipment installed in compliance with the 
requirements of Sec. 60.692-2, Sec. 60.692-3, Sec. 60.692-4, Sec. 
60.692-5, or Sec. 60.693, the owner or operator shall inspect such 
equipment for indications of potential emissions, defects, or other 
problems that may cause the requirements of this subpart not to be met. 
Points of inspection shall include, but are not limited to, seals, 
flanges, joints, gaskets, hatches, caps, and plugs.
    (b) The owner or operator of each source that is equipped with a 
closed vent system and control device as required in Sec. 60.692-5 
(other than a flare) is exempt from Sec. 60.8 of the General Provisions 
and shall use Method 21 to measure the emission concentrations, using 
500 ppm as the no detectable emission limit. The instrument shall be 
calibrated each day before using. The calibration gases shall be:
    (1) Zero air (less than 10 ppm of hydrocarbon in air), and
    (2) A mixture of either methane or n-hexane and air at a 
concentration of approximately, but less than, 10,000 ppm methane or n-
hexane.
    (c) The owner or operator shall conduct a performance test 
initially, and at other times as requested by the Administrator, using 
the test methods and procedures in Sec. 60.18(f) to determine 
compliance of flares.
    (d) After installing the control equipment required to meet Sec. 
60.693-2(a) or whenever sources that have ceased to treat refinery 
wastewater for a period of 1 year or more are placed back into service, 
the owner or operator shall determine compliance with the standards in 
Sec. 60.693-2(a) as follows:
    (1) The maximum gap widths and maximum gap areas between the primary 
seal and the separator wall and between the secondary seal and the 
separator wall shall be determined individually within 60 calendar days 
of the initial installation of the floating roof and introduction of 
refinery wastewater or 60 calendar days after the equipment is placed 
back into service using the following procedure when the separator is 
filled to the design operating level and when the roof is floating off 
the roof supports.
    (i) Measure seal gaps around the entire perimeter of the separator 
in each place where a 0.32 cm (0.125 in.) diameter uniform probe passes 
freely (without forcing or binding against seal) between the seal and 
the wall of the separator and measure the gap width and perimetrical 
distance of each such location.
    (ii) The total surface area of each gap described in (d)(1)(i) of 
this section shall be determined by using probes of various widths to 
measure accurately the actual distance from the wall to the seal and 
multiplying each such width by its respective perimetrical distance.

[[Page 719]]

    (iii) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually, divide the sum for each seal 
by the nominal perimeter of the separator basin and compare each to the 
maximum gap area as specified in Sec. 60.693-2.
    (2) The gap widths and total gap area shall be determined using the 
procedure in paragraph (d)(1) of this section according to the following 
frequency:
    (i) For primary seals, once every 5 years.
    (ii) For secondary seals, once every year.



Sec. 60.697  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to the provisions 
of this subpart shall comply with the recordkeeping requirements of this 
section. All records shall be retained for a period of 2 years after 
being recorded unless otherwise noted.
    (b)(1) For individual drain systems subject to Sec. 60.692-2, the 
location, date, and corrective action shall be recorded for each drain 
when the water seal is dry or otherwise breached, when a drain cap or 
plug is missing or improperly installed, or other problem is identified 
that could result in VOC emissions, as determined during the initial and 
periodic visual or physical inspection.
    (2) For junction boxes subject to Sec. 60.692-2, the location, 
date, and corrective action shall be recorded for inspections required 
by Sec. 60.692-2(b) when a broken seal, gap, or other problem is 
identified that could result in VOC emissions.
    (3) For sewer lines subject to Sec. Sec. 60.692-2 and 60.693-1(e), 
the location, date, and corrective action shall be recorded for 
inspections required by Sec. Sec. 60.692-2(c) and 60.693-1(e) when a 
problem is identified that could result in VOC emissions.
    (c) For oil-water separators subject to Sec. 60.692-3, the 
location, date, and corrective action shall be recorded for inspections 
required by by Sec. 60.692-3(a) when a problem is identified that could 
result in VOC emissions.
    (d) For closed vent systems subject to Sec. 60.692-5 and completely 
closed drain systems subject to Sec. 60.693-1, the location, date, and 
corrective action shall be recorded for inspections required by Sec. 
60.692-5(e) during which detectable emissions are measured or a problem 
is identified that could result in VOC emissions.
    (e)(1) If an emission point cannot be repaired or corrected without 
a process unit shutdown, the expected date of a successful repair shall 
be recorded.
    (2) The reason for the delay as specified in Sec. 60.692-6 shall be 
recorded if an emission point or equipment problem is not repaired or 
corrected in the specified amount of time.
    (3) The signature of the owner or operator (or designee) whose 
decision it was that repair could not be effected without refinery or 
process shutdown shall be recorded.
    (4) The date of successful repair or corrective action shall be 
recorded.
    (f)(1) A copy of the design specifications for all equipment used to 
comply with the provisions of this subpart shall be kept for the life of 
the source in a readily accessible location.
    (2) The following information pertaining to the design 
specifications shall be kept.
    (i) Detailed schematics, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.
    (3) The following information pertaining to the operation and 
maintenance of closed drain systems and closed vent systems shall be 
kept in a readily accessible location.
    (i) Documentation demonstrating that the control device will achieve 
the required control efficiency during maximum loading conditions shall 
be kept for the life of the facility. This documentation is to include a 
general description of the gas streams that enter the control device, 
including flow and volatile organic compound content under varying 
liquid level conditions (dynamic and static) and manufacturer's design 
specifications for the control device. If an enclosed combustion device 
with a minimum residence time of 0.75 seconds and a minimum temperature 
of 816 [deg]C (1,500 [deg]F) is used to meet the 95-percent requirement, 
documentation that those conditions exist is sufficient to meet the 
requirements of this paragraph.

[[Page 720]]

    (ii) For a carbon adsorption system that does not regenerate the 
carbon bed directly onsite in the control device such as a carbon 
canister, the design analysis shall consider the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature. The design analysis shall also establish the design 
exhaust vent stream organic compound concentration level, capacity of 
carbon bed, type and working capacity of activated carbon used for 
carbon bed, and design carbon replacement interval based on the total 
carbon working capacity of the control device and source operating 
schedule.
    (iii) Periods when the closed vent systems and control devices 
required in Sec. 60.692 are not operated as designed, including periods 
when a flare pilot does not have a flame shall be recorded and kept for 
2 years after the information is recorded.
    (iv) Dates of startup and shutdown of the closed vent system and 
control devices required in Sec. 60.692 shall be recorded and kept for 
2 years after the information is recorded.
    (v) The dates of each measurement of detectable emissions required 
in Sec. Sec. 60.692, 60.693, or 60.692-5 shall be recorded and kept for 
2 years after the information is recorded.
    (vi) The background level measured during each detectable emissions 
measurement shall be recorded and kept for 2 years after the information 
is recorded.
    (vii) The maximum instrument reading measured during each detectable 
emission measurement shall be recorded and kept for 2 years after the 
information is recorded.
    (viii) Each owner or operator of an affected facility that uses a 
thermal incinerator shall maintain continuous records of the temperature 
of the gas stream in the combustion zone of the incinerator and records 
of all 3-hour periods of operation during which the average temperature 
of the gas stream in the combustion zone is more than 28 [deg]C (50 
[deg]F) below the design combustion zone temperature, and shall keep 
such records for 2 years after the information is recorded.
    (ix) Each owner or operator of an affected facility that uses a 
catalytic incinerator shall maintain continuous records of the 
temperature of the gas stream both upstream and downstream of the 
catalyst bed of the incinerator, records of all 3-hour periods of 
operation during which the average temperature measured before the 
catalyst bed is more than 28 [deg]C (50 [deg]F) below the design gas 
stream temperature, and records of all 3-hour periods during which the 
average temperature difference across the catalyst bed is less than 80 
percent of the design temperature difference, and shall keep such 
records for 2 years after the information is recorded.
    (x) Each owner or operator of an affected facility that uses a 
carbon adsorber shall maintain continuous records of the VOC 
concentration level or reading of organics of the control device outlet 
gas stream or inlet and outlet gas stream and records of all 3-hour 
periods of operation during which the average VOC concentration level or 
reading of organics in the exhaust gases, or inlet and outlet gas 
stream, is more than 20 percent greater than the design exhaust gas 
concentration level, and shall keep such records for 2 years after the 
information is recorded.
    (A) Each owner or operator of an affected facility that uses a 
carbon adsorber which is regenerated directly onsite shall maintain 
continuous records of the volatile organic compound concentration level 
or reading of organics of the control device outlet gas stream or inlet 
and outlet gas stream and records of all 3-hour periods of operation 
during which the average volatile organic compound concentration level 
or reading of organics in the exhaust gases, or inlet and outlet gas 
stream, is more than 20 percent greater than the design exhaust gas 
concentration level, and shall keep such records for 2 years after the 
information is recorded.
    (B) If a carbon adsorber that is not regenerated directly onsite in 
the control device is used, then the owner or operator shall maintain 
records of dates and times when the control device is monitored, when 
breakthrough is measured, and shall record the date and time that the 
existing carbon in the control device is replaced with fresh carbon.

[[Page 721]]

    (g) If an owner or operator elects to install a tightly sealed cap 
or plug over a drain that is out of active service, the owner or 
operator shall keep for the life of a facility in a readily accessible 
location, plans or specifications which indicate the location of such 
drains.
    (h) For stormwater sewer systems subject to the exclusion in Sec. 
60.692-1(d)(1), an owner or operator shall keep for the life of the 
facility in a readily accessible location, plans or specifications which 
demonstrate that no wastewater from any process units or equipment is 
directly discharged to the stormwater sewer system.
    (i) For ancillary equipment subject to the exclusion in Sec. 
60.692-1(d)(2), an owner or operator shall keep for the life of a 
facility in a readily accessible location, plans or specifications which 
demonsrate that the ancillary equipment does not come in contact with or 
store oily wastewater.
    (j) For non-contact cooling water systems subject to the exclusion 
in Sec. 60.692-1(d)(3), an owner or operator shall keep for the life of 
the facility in a readily accessible location, plans or specifications 
which demonstrate that the cooling water does not contact hydrocarbons 
or oily wastewater and is not recirculated through a cooling tower.
    (k) For oil-water separators subject to Sec. 60.693-2, the 
location, date, and corrective action shall be recorded for inspections 
required by Sec. Sec. 60.693-2(a)(1)(iii)(A) and (B), and shall be 
maintained for the time period specified in paragraphs (k)(1) and (2) of 
this section.
    (1) For inspections required by Sec. 60.693-2(a)(1)(iii)(A), ten 
years after the information is recorded.
    (2) For inspections required by Sec. 60.693-2(a)(1)(iii)(B), two 
years after the information is recorded.

[53 FR 47623, Nov. 23, 1985, as amended at 60 FR 43259, Aug. 18, 1995; 
65 FR 61778, Oct. 17, 2000]



Sec. 60.698  Reporting requirements.

    (a) An owner or operator electing to comply with the provisions of 
Sec. 60.693 shall notify the Administrator of the alternative standard 
selected in the report required in Sec. 60.7.
    (b)(1) Each owner or operator of a facility subject to this subpart 
shall submit to the Administrator within 60 days after initial startup a 
certification that the equipment necessary to comply with these 
standards has been installed and that the required initial inspections 
or tests of process drains, sewer lines, junction boxes, oil-water 
separators, and closed vent systems and control devices have been 
carried out in accordance with these standards. Thereafter, the owner or 
operator shall submit to the Administrator semiannually a certification 
that all of the required inspections have been carried out in accordance 
with these standards.
    (2) Each owner or operator of an affected facility that uses a flare 
shall submit to the Administrator within 60 days after initial startup, 
as required under Sec. 60.8(a), a report of the results of the 
performance test required in Sec. 60.696(c).
    (c) A report that summarizes all inspections when a water seal was 
dry or otherwise breached, when a drain cap or plug was missing or 
improperly installed, or when cracks, gaps, or other problems were 
identified that could result in VOC emissions, including information 
about the repairs or corrective action taken, shall be submitted 
initially and semiannually thereafter to the Administrator.
    (d) As applicable, a report shall be submitted semiannually to the 
Administrator that indicates:
    (1) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a thermal 
incinerator, as measured by the temperature monitoring device, is more 
than 28 [deg]C (50 [deg]F) below the design combustion zone temperature,
    (2) Each 3-hour period of operation during which the average 
temperature of the gas stream immediately before the catalyst bed of a 
catalytic incinerator, as measured by the temperature monitoring device, 
is more than 28 [deg]C (50 [deg]F) below the design gas stream 
temperature, and any 3-hour period during which the average temperature 
difference across the catalyst bed (i.e., the difference between the 
temperatures of the gas stream immediately

[[Page 722]]

before and after the catalyst bed), as measured by the temperature 
monitoring device, is less than 80 percent of the design temperature 
difference, or,
    (3) Each 3-hour period of operation during which the average VOC 
concentration level or reading of organics in the exhaust gases from a 
carbon adsorber is more than 20 percent greater than the design exhaust 
gas concentration level or reading.
    (i) Each 3-hour period of operation during which the average 
volatile organic compound concentration level or reading of organics in 
the exhaust gases from a carbon adsorber which is regenerated directly 
onsite is more than 20 percent greater than the design exhaust gas 
concentration level or reading.
    (ii) Each occurrence when the carbon in a carbon adsorber system 
that is not regenerated directly onsite in the control device is not 
replaced at the predetermined interval specified in Sec. 
60.695(a)(3)(ii).
    (e) If compliance with the provisions of this subpart is delayed 
pursuant to Sec. 60.692-7, the notification required under 40 CFR 
60.7(a)(4) shall include the estimated date of the next scheduled 
refinery or process unit shutdown after the date of notification and the 
reason why compliance with the standards is technically impossible 
without a refinery or process unit shutdown.

[53 FR 47623, Nov. 23, 1988, as amended at 60 FR 43260, Aug. 18, 1995]



Sec. 60.699  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States:
    Sec. 60.694 Permission to use alternative means of emission 
limitations.

[53 FR 47623, Nov. 23, 1985]



   Subpart RRR_Standards of Performance for Volatile Organic Compound 
Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
                            Reactor Processes

    Source: 58 FR 45962, Aug. 31, 1993, unless otherwise noted.



Sec. 60.700  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each affected facility 
designated in paragraph (b) of this section that is part of a process 
unit that produces any of the chemicals listed in Sec. 60.707 as a 
product, co-product, by-product, or intermediate, except as provided in 
paragraph (c) of this section.
    (b) The affected facility is any of the following for which 
construction, modification, or reconstruction commenced after June 29, 
1990:
    (1) Each reactor process not discharging its vent stream into a 
recovery system.
    (2) Each combination of a reactor process and the recovery system 
into which its vent stream is discharged.
    (3) Each combination of two or more reactor processes and the common 
recovery system into which their vent streams are discharged.
    (c) Exemptions from the provisions of paragraph (a) of this section 
are as follows:
    (1) Any reactor process that is designed and operated as a batch 
operation is not an affected facility.
    (2) Each affected facility that has a total resource effectiveness 
(TRE) index value greater than 8.0 is exempt from all provisions of this 
subpart except for Sec. Sec. 60.702(c); 60.704 (d), (e), and (f); and 
60.705 (g), (l)(1), (l)(6), and (t).
    (3) Each affected facility in a process unit with a total design 
capacity for all chemicals produced within that unit of less than 1 
gigagram per year (1,100 tons per year) is exempt from all provisions of 
this subpart except for the recordkeeping and reporting requirements in 
Sec. 60.705 (i), (l)(5), and (n).
    (4) Each affected facility operated with a vent stream flow rate 
less than

[[Page 723]]

0.011 scm/min is exempt from all provisions of this subpart except for 
the test method and procedure and the recordkeeping and reporting 
requirements in Sec. 60.704(g) and Sec. 70.705 (h), (l)(4), and (o).
    (5) If the vent stream from an affected facility is routed to a 
distillation unit subject to subpart NNN and has no other releases to 
the air except for a pressure relief valve, the facility is exempt from 
all provisions of this subpart except for Sec. 60.705(r).
    (6) Any reactor process operating as part of a process unit which 
produces beverage alcohols, or which uses, contains, and produces no VOC 
is not an affected facility.
    (7) Any reactor process that is subject to the provisions of subpart 
DDD is not an affected facility.
    (8) Each affected facility operated with a concentration of total 
organic compounds (TOC) (less methane and ethane) in the vent stream 
less than 300 ppmv as measured by Method 18 or a concentration of TOC in 
the vent stream less than 150 ppmv as measured by Method 25A is exempt 
from all provisions of this subpart except for the test method and 
procedure and the reporting and recordkeeping requirements in Sec. 
60.704(h) and paragraphs (j), (l)(8), and (p) of Sec. 60.705.
    (d) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of process vents that are subject to this 
subpart may choose to comply with the provisions of 40 CFR part 65, 
subpart D, to satisfy the requirements of Sec. Sec. 60.702 through 
60.705 and 60.708. The provisions of 40 CFR part 65 also satisfy the 
criteria of paragraphs (c)(2), (4), and (8) of this section. Other 
provisions applying to an owner or operator who chooses to comply with 
40 CFR part 65 are provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart D, must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
process vents. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (d)(2) do not apply to owners 
or operators of process vents complying with 40 CFR part 65, subpart D, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart D, must comply with 40 CFR part 65, subpart A.
    (3) Compliance date. Owners or operators who choose to comply with 
40 CFR part 65, subpart D at initial startup shall comply with 
paragraphs (d)(1) and (2) of this section for each vent stream on and 
after the date on which the initial performance test is completed, but 
not later than 60 days after achieving the maximum production rate at 
which the affected facility will be operated, or 180 days after the 
initial startup, whichever date comes first.
    (4) Initial startup notification. Each owner or operator subject to 
the provisions of this subpart that chooses to comply with 40 CFR part 
65, subpart D, at initial startup shall notify the Administrator of the 
specific provisions of 40 CFR 65.63(a)(1), (2), or (3), with which the 
owner or operator has elected to comply. Notification shall be submitted 
with the notifications of initial startup required by 40 CFR 65.5(b).

    (Note: The intent of these standards is to minimize emissions of VOC 
through the application of best demonstrated technology (BDT). The 
numerical emission limits in these standards are expressed in terms of 
TOC, measured as TOC less methane and ethane. This emission limit 
reflects the performance of BDT.)

[58 FR 45962, Aug. 31, 1993, as amended at 60 FR 58238, Nov. 27, 1995; 
65 FR 78279, Dec. 14, 2000]



Sec. 60.701  Definitions.

    As used in this subpart, all terms not defined here shall have the 
meaning given them in the Act and in subpart A of part 60, and the 
following terms shall have the specific meanings given them.
    Batch operation means any noncontinuous reactor process that is not 
characterized by steady-state conditions and in which reactants are not 
added and products are not removed simultaneously.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.

[[Page 724]]

    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Combustion device means an individual unit of equipment, such as an 
incinerator, flare, boiler, or process heater, used for combustion of a 
vent stream discharged from the process vent.
    Continuous recorder means a data recording device recording an 
instantaneous data value at least once every 15 minutes.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is 
present in a line.
    Halogenated vent stream means any vent stream determined to have a 
total concentration (by volume) of compounds containing halogens of 20 
ppmv (by compound) or greater.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. If there is energy recovery, the energy 
recovery section and the combustion chambers are not of integral design. 
That is, the energy recovery section and the combustion section are not 
physically formed into one manufactured or assembled unit but are joined 
by ducts or connections carrying flue gas.
    Primary fuel means the fuel fired through a burner or a number of 
similar burners. The primary fuel provides the principal heat input to 
the device, and the amount of fuel is sufficient to sustain operation 
without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel directly to process streams or to heat transfer liquids 
other than water.
    Process unit means equipment assembled and connected by pipes or 
ducts to produce, as intermediates or final products, one or more of the 
chemicals in Sec. 60.707. A process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient product 
storage facilities.
    Product means any compound or chemical listed in Sec. 60.707 which 
is produced for sale as a final product as that chemical, or for use in 
the production of other chemicals or compounds. By-products, co-
products, and intermediates are considered to be products.
    Reactor processes are unit operations in which one or more 
chemicals, or reactants other than air, are combined or decomposed in 
such a way that their molecular structures are altered and one or more 
new organic compounds are formed.
    Recovery device means an individual unit of equipment, such as an 
absorber, carbon adsorber, or condenser, capable of and used for the 
purpose of recovering chemicals for use, reuse, or sale.
    Recovery system means an individual recovery device or series of 
such devices applied to the same vent stream.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge results from an operator 
error, a malfunction such as a power failure or equipment failure, or 
other unexpected cause that requires immediate venting of gas from 
process equipment in order to avoid safety hazards or equipment damage.
    Secondary fuel means a fuel fired through a burner other than a 
primary fuel burner. The secondary fuel may provide supplementary heat 
in addition to the heat provided by the primary fuel.
    Total organic compounds or TOC means those compounds measured 
according to the procedures in Sec. 60.704(b)(4). For the purposes of 
measuring molar composition as required in Sec. 60.704(d)(2)(i) and 
Sec. 60.704(d)(2)(ii), hourly emission rate as required in Sec. 
60.704(d)(5) and Sec. 60.704(e), and TOC concentration as required in 
Sec. 60.705(b)(4) and Sec. 60.705(f)(4), those compounds which the 
Administrator has determined do not contribute appreciably to the 
formation of ozone are to be excluded.
    Total resource effectiveness or TRE index value means a measure of 
the supplemental total resource requirement per unit reduction of TOC 
associated

[[Page 725]]

with a vent stream from an affected reactor process facility, based on 
vent stream flow rate, emission rate of TOC, net heating value, and 
corrosion properties (whether or not the vent stream contains 
halogenated compounds), as quantified by the equation given under Sec. 
60.704(e).
    Vent stream means any gas stream discharged directly from a reactor 
process to the atmosphere or indirectly to the atmosphere after 
diversion through other process equipment. The vent stream excludes 
relief valve discharges and equipment leaks.



Sec. 60.702  Standards.

    Each owner or operator of any affected facility shall comply with 
paragraph (a), (b), or (c) of this section for each vent stream on and 
after the date on which the initial performance test required by Sec. 
60.8 and Sec. 60.704 is completed, but not later than 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, or 180 days after the initial start-up, whichever date 
comes first. Each owner or operator shall either:
    (a) Reduce emissions of TOC (less methane and ethane) by 98 weight-
percent, or to a TOC (less methane and ethane) concentration of 20 ppmv, 
on a dry basis corrected to 3 percent oxygen, whichever is less 
stringent. If a boiler or process heater is used to comply with this 
paragraph, then the vent stream shall be introduced into the flame zone 
of the boiler or process heater; or
    (b) Combust the emissions in a flare that meets the requirements of 
Sec. 60.18; or
    (c) Maintain a TRE index value greater than 1.0 without use of a VOC 
emission control device.



Sec. 60.703  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility that uses an 
incinerator to seek to comply with the TOC emission limit specified 
under Sec. 60.702(a) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications the following equipment:
    (1) A temperature monitoring device equipped with a continuous 
recorder and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius or 0.5 [deg]C, whichever is greater.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange is encountered.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) A flow indicator that provides a record of vent stream flow 
diverted from being routed to the incinerator at least once every 15 
minutes for each affected facility, except as provided in paragraph 
(a)(2)(ii) of this section.
    (i) The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream from being routed to the 
incinerator, resulting in its emission to the atmosphere.
    (ii) Where the bypass line valve is secured in the closed position 
with a car-seal or a lock-and-key type configuration, a flow indicator 
is not required. A visual inspection of the seal or closure mechanism 
shall be performed at least once every month to ensure that the valve is 
maintained in the closed position and the vent stream is not diverted 
through the bypass line.
    (b) The owner or operator of an affected facility that uses a flare 
to seek to comply with Sec. 60.702(b) shall install, calibrate, 
maintain, and operate according to manufacturer's specifications the 
following equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or 
thermocouple, at the pilot light to indicate the continuous presence of 
a flame.
    (2) A flow indicator that provides a record of vent stream flow 
diverted from being routed to the flare at least once every 15 minutes 
for each affected facility, except as provided in paragraph (b)(2)(ii) 
of this section.
    (i) The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream from being routed to the 
flare, resulting in its emission to the atmosphere.

[[Page 726]]

    (ii) Where the bypass line valve is secured in the closed position 
with a car-seal or a lock-and-key type configuration, a flow indicator 
is not required. A visual inspection of the seal or closure mechanism 
shall be performed at least once every month to ensure that the valve is 
maintained in the closed position and the vent stream is not diverted 
through the bypass line.
    (c) The owner or operator of an affected facility that uses a boiler 
or process heater to seek to comply with Sec. 60.702(a) shall install, 
calibrate, maintain and operate according to the manufacturer's 
specifications the following equipment:
    (1) A flow indicator that provides a record of vent stream flow 
diverted from being routed to the boiler or process heater at least once 
every 15 minutes for each affected facility, except as provided in 
paragraph (c)(1)(ii) of this section.
    (i) The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream from being routed to the 
boiler or process heater, resulting in its emission to the atmosphere.
    (ii) Where the bypass line valve is secured in the closed position 
with a car-seal or a lock-and-key type configuration, a flow indicator 
is not required. A visual inspection of the seal or closure mechanism 
shall be performed at least once every month to ensure that the valve is 
maintained in the closed position and the vent stream is not diverted 
through the bypass line.
    (2) A temperature monitoring device in the firebox equipped with a 
continuous recorder and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 0.5 [deg]C, whichever is greater, for boilers 
or process heaters of less than 44 MW (150 million Btu/hr) design heat 
input capacity. Any vent stream introduced with primary fuel into a 
boiler or process heater is exempt from this requirement.
    (d) The owner or operator of an affected facility that seeks to 
demonstrate compliance with the TRE index value limit specified under 
Sec. 60.702(c) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications the following equipment, 
unless alternative monitoring procedures or requirements are approved 
for that facility by the Administrator:
    (1) Where an absorber is the final recovery device in the recovery 
system:
    (i) A scrubbing liquid temperature monitoring device having an 
accuracy of 1 percent of the temperature being 
monitored expressed in degrees Celsius or 0.5 
[deg]C, whichever is greater, and a specific gravity monitoring device 
having an accuracy of 0.02 specific gravity units, 
each equipped with a continuous recorder; or
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (2) Where a condenser is the final recovery device in the recovery 
system:
    (i) A condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder and having an accuracy of 1 percent of the temperature being monitored expressed 
in degrees Celsius or 0.5 [deg]C, whichever is 
greater; or
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red, photoionization, or thermal 
conductivity, each equipped with a continuous recorder.
    (3) Where a carbon adsorber is the final recovery device unit in the 
recovery system:
    (i) An integrating steam flow monitoring device having an accuracy 
of 10 percent, and a carbon bed temperature 
monitoring device having an accuracy of 1 percent 
of the temperature being monitored expressed in degrees Celsius or 
0.5 [deg]C, whichever is greater, both equipped 
with a continuous recorder; or
    (ii) An organic monitoring device used to indicate the concentration 
level of organic compounds exiting the recovery device based on a 
detection principle such as infra-red,

[[Page 727]]

photoionization, or thermal conductivity, each equipped with a 
continuous recorder.
    (e) An owner or operator of an affected facility seeking to 
demonstrate compliance with the standards specified under Sec. 60.702 
with a control device other than an incinerator, boiler, process heater, 
or flare; or a recovery device other than an absorber, condenser, or 
carbon adsorber, shall provide to the Administrator information 
describing the operation of the control device or recovery device and 
the process parameter(s) which would indicate proper operation and 
maintenance of the device. The Administrator may request further 
information and will specify appropriate monitoring procedures or 
requirements.



Sec. 60.704  Test methods and procedures.

    (a) For the purpose of demonstrating compliance with Sec. 60.702, 
all affected facilities shall be run at full operating conditions and 
flow rates during any performance test.
    (b) The following methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used as reference methods to 
determine compliance with the emission limit or percent reduction 
efficiency specified under Sec. 60.702(a).
    (1) Method 1 or 1A, as appropriate, for selection of the sampling 
sites. The control device inlet sampling site for determination of vent 
stream molar composition or TOC (less methane and ethane) reduction 
efficiency shall be prior to the inlet of the control device and after 
the recovery system.
    (2) Method 2, 2A, 2C, or 2D, as appropriate, for determination of 
the gas volumetric flow rates.
    (3) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine the oxygen 
concentration (%O2d) for the purposes of determining 
compliance with the 20 ppmv limit. The sampling site shall be the same 
as that of the TOC samples, and the samples shall be taken during the 
same time that the TOC samples are taken. The TOC concentration 
corrected to 3 percent O2 (Cc) shall be computed using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR31AU93.006

where:

Cc=Concentration of TOC corrected to 3 percent O2, 
dry basis, ppm by volume.
CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume.
%O2d=Concentration of O2, dry basis, percent by 
volume.

    (4) Method 18 to determine the concentration of TOC in the control 
device outlet and the concentration of TOC in the inlet when the 
reduction efficiency of the control device is to be determined.
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately 15-
minute intervals.
    (ii) The emission reduction (R) of TOC (minus methane and ethane) 
shall be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TR31AU93.007

where:

R=Emission reduction, percent by weight.
Ei=Mass rate of TOC entering the control device, kg TOC/hr.
Eo=Mass rate of TOC discharged to the atmosphere, kg TOC/hr.

    (iii) The mass rates of TOC (Ei, Eo) shall be 
computed using the following equations:
[GRAPHIC] [TIFF OMITTED] TR31AU93.008

where:

Cij. Coj=Concentration of sample component ``j'' 
of the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, ppm by volume.
Mij, Moj=Molecular weight of sample component 
``j'' of the gas stream at the inlet and outlet of the control device, 
respectively, g/g-mole (lb/lb-mole).

[[Page 728]]

Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dscm/min (dscf/hr).
K2=Constant, 2.494x10-6 (l/ppm) (g-mole/scm) (kg/
g) (min/hr), where standard temperature for (g-mole/scm) is 20 [deg]C.

    (iv) The TOC concentration (CTOC) is the sum of the 
individual components and shall be computed for each run using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR31AU93.009

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, ppm by volume.
Cj=Concentration of sample components ``j'', dry basis, ppm 
by volume.
n=Number of components in the sample.
    (5) The requirement for an initial performance test is waived, in 
accordance with Sec. 60.8(b), for the following:
    (i) When a boiler or process heater with a design heat input 
capacity of 44 MW (150 million Btu/hour) or greater is used to seek 
compliance with Sec. 60.702(a).
    (ii) When a vent stream is introduced into a boiler or process 
heater with the primary fuel.
    (iii) The Administrator reserves the option to require testing at 
such other times as may be required, as provided for in section 114 of 
the Act.
    (6) For purposes of complying with the 98 weight-percent reduction 
in Sec. 60.702(a), if the vent stream entering a boiler or process 
heater with a design capacity less than 44 MW (150 million Btu/hour) is 
introduced with the combustion air or as secondary fuel, the weight-
percent reduction of TOC (minus methane and ethane) across the 
combustion device shall be determined by comparing the TOC (minus 
methane and ethane) in all combusted vent streams, primary fuels, and 
secondary fuels with the TOC (minus methane and ethane) exiting the 
combustion device.
    (c) When a flare is used to seek to comply with Sec. 60.702(b), the 
flare shall comply with the requirements of Sec. 60.18.
    (d) The following test methods in appendix A to this part, except as 
provided under Sec. 60.8(b), shall be used for determining the net 
heating value of the gas combusted to determine compliance under Sec. 
60.702(b) and for determining the process vent stream TRE index value to 
determine compliance under Sec. 60.700(c)(2) and Sec. 60.702(c).
    (1)(i) Method 1 or 1A, as appropriate, for selection of the sampling 
site. The sampling site for the vent stream flow rate and molar 
composition determination prescribed in Sec. 60.704 (d)(2) and (d)(3) 
shall be, except for the situations outlined in paragraph (d)(1)(ii) of 
this section, prior to the inlet of any control device, prior to any 
postreactor dilution of the stream with air, and prior to any 
postreactor introduction of halogenated compounds into the process vent 
stream. No traverse site selection method is needed for vents smaller 
than 4 inches in diameter.
    (ii) If any gas stream other than the reactor vent stream is 
normally conducted through the final recovery device:
    (A) The sampling site for vent stream flow rate and molar 
composition shall be prior to the final recovery device and prior to the 
point at which any nonreactor stream or stream from a nonaffected 
reactor process is introduced.
    (B) The efficiency of the final recovery device is determined by 
measuring the TOC concentration using Method 18 at the inlet to the 
final recovery device after the introduction of any vent stream and at 
the outlet of the final recovery device.
    (C) This efficiency of the final recovery device shall be applied to 
the TOC concentration measured prior to the final recovery device and 
prior to the introduction of any nonreactor stream or stream from a 
nonaffected reactor process to determine the concentration of TOC in the 
reactor process vent stream from the final recovery device. This 
concentration of TOC is then used to perform the calculations outlined 
in Sec. 60.704(d) (4) and (5).
    (2) The molar composition of the process vent stream shall be 
determined as follows:
    (i) Method 18 to measure the concentration of TOC including those 
containing halogens.
    (ii) ASTM D1946-77 or 90 (Reapproved 1994) (incorporation by 
reference as

[[Page 729]]

specified in Sec. 60.17 of this part) to measure the concentration of 
carbon monoxide and hydrogen.
    (iii) Method 4 to measure the content of water vapor.
    (3) The volumetric flow rate shall be determined using Method 2, 2A, 
2C, or 2D, as appropriate.
    (4) The net heating value of the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR31AU93.010

where:

HT=Net heating value of the sample, MJ/scm, where the net 
enthalpy per mole of vent stream is based on combustion at 25 [deg]C and 
760 mm Hg, but the standard temperature for determining the volume 
corresponding to one mole is 20 [deg]C, as in the definition of 
Qs (vent stream flow rate).
K1=Constant, 1.740x10-7 (l/ppm) (g-mole/scm) (MJ/
kcal), where standard temperature for (g-mole/scm) is 20 [deg]C.
Cj=Concentration on a dry basis of compound j in ppm, as 
measured for organics by Method 18 and measured for hydrogen and carbon 
monoxide by ASTM D1946-77 or 90 (Reapproved 1994) (incorporation by 
reference as specified in Sec. 60.17 of this part) as indicated in 
Sec. 60.704(d)(2).
Hj=Net heat of combustion of compound j, kcal/g-mole, based 
on combustion at 25 [deg]C and 760 mm Hg. The heats of combustion of 
vent stream components would be required to be determined using ASTM 
D2382-76 or 88 or D4809-95 (incorporation by reference as specified in 
Sec. 60.17 of this part) if published values are not available or 
cannot be calculated.
Bws=Water vapor content of the vent stream, proportion by 
volume.

    (5) The emission rate of TOC in the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR31AU93.011

where:

ETOC=Emission rate of TOC in the sample, kg/hr.
K2=Constant, 2.494x10-6 (l/ppm) (g-mole/scm) (kg/
g) (min/hr), where standard temperature for (g-mole/scm) is 20 [deg]C.
Cj=Concentration on a dry basis of compound j in ppm as 
measured by Method 18 as indicated in Sec. 60.704(d)(2).
Mj=Molecular weight of sample j, g/g-mole.
Qs=Vent stream flow rate (dscm/min) at a temperature of 20 
[deg]C.

    (6) The total vent stream concentration (by volume) of compounds 
containing halogens (ppmv, by compound) shall be summed from the 
individual concentrations of compounds containing halogens which were 
measured by Method 18.
    (e) For purposes of complying with Sec. 60.700(c)(2) and Sec. 
60.702(c), the owner or operator of a facility affected by this subpart 
shall calculate the TRE index value of the vent stream using the 
equation for incineration in paragraph (e)(1) of this section for 
halogenated vent streams. The owner or operator of an affected facility 
with a nonhalogenated vent stream shall determine the TRE index value by 
calculating values using both the incinerator equation in (e)(1) of this 
section and the flare equation in (e)(2) of this section and selecting 
the lower of the two values.
    (1) The equation for calculating the TRE index value of a vent 
stream controlled by an incinerator is as follows:
[GRAPHIC] [TIFF OMITTED] TR27NO95.000

    (i) Where for a vent stream flow rate (scm/min) at a standard 
temperature of 20 [deg]C that is greater than or equal to 14.2 scm/min:

TRE=TRE index value.
Qs=Vent stream flow rate (scm/min) at a standard temperature 
of 20 [deg]C.
HT=Vent stream net heating value (MJ/scm), where the net 
enthalpy per mole of vent stream is based on combustion at 25 [deg]C and 
760 mm Hg, but the standard temperature for determining the volume 
corresponding

[[Page 730]]

to one mole is 20 [deg]C as in the definition of Qs.
Ys=Qs for all vent stream categories listed in 
table 1 except for Category E vent streams where 
Ys=(Qs)(HT)/3.6.
ETOC=Hourly emissions of TOC reported in kg/hr.


a, b, c, d, e, and f are coefficients. The set of coefficients that 
apply to a vent stream can be obtained from table 1.

 Table 1--Total Resource Effectiveness Coefficients for Vent Streams Controlled by an Incinerator Subject to the
                             New Source Performance Standards for Reactor Processes
----------------------------------------------------------------------------------------------------------------
                                               a           b           c           d           e           f
----------------------------------------------------------------------------------------------------------------
 DESIGN CATEGORY A1. FOR HALOGENATED PROCESS VENT STREAMS, IF 0<=NET HEATING VALUE (MJ/scm)<=3.5: Qs=Vent Stream
                                               Flow Rate (scm/min)
----------------------------------------------------------------------------------------------------------------
14.2<=Qs<=18.8..........................    19.18370     0.27580     0.75762    -0.13064           0     0.01025
18.83.5: Qs=Vent
                                           Stream Flow Rate (scm/min)
----------------------------------------------------------------------------------------------------------------
14.23.6:
                                  Ys=Dilution Flow Rate (scm/min)=(Qs) (HT)/3.6
----------------------------------------------------------------------------------------------------------------
14.2<=Ys<=1,180.........................     6.67868           0           0    -0.00707     0.02220     0.01025
1,180s=14.2 scm/min.
HT=(FLOW)(HVAL)/14.2

where the following inputs are used:

FLOW=Vent stream flow rate (scm/min), at a standard temperature of 20 
[deg]C.
HVAL=Vent stream net heating value (MJ/scm), where the net enthalpy per 
mole of vent stream is based on combustion at 25 [deg]C and 760 mm Hg, 
but the standard temperature for determining the volume corresponding to 
one mole is 20 [deg]C as in definition of Qs.
Ys=14.2 scm/min for all vent streams except for Category E 
vent streams, where Ys=(14.2)(HT)/3.6.

[[Page 731]]

ETOC=Hourly emissions of TOC reported in kg/hr.

a, b, c, d, e, and f are coefficients. The set of coefficients that 
apply to a vent stream can be obtained from table 1.
    (2) The equation for calculating the TRE index value of a vent 
stream controlled by a flare is as follows:
[GRAPHIC] [TIFF OMITTED] TR31AU93.013

where:

TRE=TRE index value.
ETOC=Hourly emission rate of TOC reported in kg/hr.
Qs=Vent stream flow rate (scm/min) at a standard temperature 
of 20 [deg]C.
HT=Vent stream net heating value (MJ/scm) where the net 
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760 
mm Hg, but the standard temperature for determining the volume 
corresponding to one mole is 20 [deg]C as in the definition of 
Qs.


a, b, c, d, and e are coefficients. The set of coefficients that apply 
to a vent stream can be obtained from table 2.

  Table 2--Total Resource Effectiveness Coefficients for Vent Streams Controlled by a Flare Subject to the New
                               Source Performance Standards for Reactor Processes
----------------------------------------------------------------------------------------------------------------
                                                             a           b           c          d          e
----------------------------------------------------------------------------------------------------------------
HT<11.2 MJ/scm........................................      2.25        0.288      -0.193     -0.0051       2.08
HT>=11.2 MJ/scm.......................................      0.309       0.0619     -0.0043    -0.0034       2.08
----------------------------------------------------------------------------------------------------------------

    (f) Each owner or operator of an affected facility seeking to comply 
with Sec. 60.700(c)(2) or Sec. 60.702(c) shall recalculate the TRE 
index value for that affected facility whenever process changes are 
made. Examples of process changes include changes in production 
capacity, feedstock type, or catalyst type, or whenever there is 
replacement, removal, or addition of recovery equipment. The TRE index 
value shall be recalculated based on test data, or on best engineering 
estimates of the effects of the change on the recovery system.
    (1) Where the recalculated TRE index value is less than or equal to 
1.0, the owner or operator shall notify the Administrator within 1 week 
of the recalculation and shall conduct a performance test according to 
the methods and procedures required by Sec. 60.704 in order to 
determine compliance with Sec. 60.702 (a) or (b). Performance tests 
must be conducted as soon as possible after the process change but no 
later than 180 days from the time of the process change.
    (2) Where the recalculated TRE index value is less than or equal to 
8.0 but greater than 1.0, the owner or operator shall conduct a 
performance test in accordance with Sec. 60.8 and Sec. 60.704 and 
shall comply with Sec. 60.703, Sec. 60.704 and Sec. 60.705. 
Performance tests must be conducted as soon as possible after the 
process change but no later than 180 days from the time of the process 
change.
    (g) Any owner or operator subject to the provisions of this subpart 
seeking to demonstrate compliance with Sec. 60.700(c)(4) shall use 
Method 2, 2A, 2C, or 2D of appendix A to 40 CFR part 60, as appropriate, 
for determination of volumetric flow rate.
    (h) Each owner or operator seeking to demonstrate that a reactor 
process vent stream has a TOC concentration for compliance with the low 
concentration exemption in Sec. 60.700(c)(8) shall conduct an initial 
test to measure TOC concentration.
    (1) The sampling site shall be selected as specified in paragraph 
(d)(1)(i) of this section.
    (2) Method 18 or Method 25A of part 60, appendix A shall be used to 
measure concentration.

[[Page 732]]

    (3) Where Method 18 is used to qualify for the low concentration 
exclusion in Sec. 60.700(c)(8), the procedures in Sec. 60.704(b)(4) 
(i) and (iv) shall be used to measure TOC concentration, and the 
procedures of Sec. 60.704(b)(3) shall be used to correct the TOC 
concentration to 3 percent oxygen. To qualify for the exclusion, the 
results must demonstrate that the concentration of TOC, corrected to 3 
percent oxygen, is below 300 ppm by volume.
    (4) Where Method 25A is used, the following procedures shall be used 
to calculate ppm by volume TOC concentration, corrected to 3 percent 
oxygen:
    (i) Method 25A shall be used only if a single organic compound is 
greater than 50 percent of total TOC, by volume, in the reactor process 
vent stream. This compound shall be the principal organic compound.
    (ii) The principal organic compound may be determined by either 
process knowledge or test data collected using an appropriate EPA 
Reference Method. Examples of information that could constitute process 
knowledge include calculations based on material balances, process 
stoichiometry, or previous test results provided the results are still 
relevant to the current reactor process vent stream conditions.
    (iii) The principal organic compound shall be used as the 
calibration gas for Method 25A.
    (iv) The span value for Method 25A shall be 300 ppmv.
    (v) Use of Method 25A is acceptable if the response from the high-
level calibration gas is at least 20 times the standard deviation of the 
response from the zero calibration gas when the instrument is zeroed on 
the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A, corrected to 
3 percent oxygen, is below 150 ppm by volume to qualify for the low 
concentration exclusion in Sec. 60.700(c)(8).
    (vii) The concentration of TOC shall be corrected to 3 percent 
oxygen using the procedures and equation in paragraph (b)(3) of this 
section.

[58 FR 45962, Aug. 31, 1993, as amended at 60 FR 58238, Nov. 27, 1995; 
65 FR 61778, Oct. 17, 2000]



Sec. 60.705  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec. 60.702 shall notify the 
Administrator of the specific provisions of Sec. 60.702 (Sec. 60.702 
(a), (b), or (c)) with which the owner or operator has elected to 
comply. Notification shall be submitted with the notification of initial 
start-up required by Sec. 60.7(a)(3). If an owner or operator elects at 
a later date to use an alternative provision of Sec. 60.702 with which 
he or she will comply, then the Administrator shall be notified by the 
owner or operator 90 days before implementing a change and, upon 
implementing the change, a performance test shall be performed as 
specified by Sec. 60.704 no later than 180 days from initial start-up.
    (b) Each owner or operator subject to the provisions of this subpart 
shall keep an up-to-date, readily accessible record of the following 
data measured during each performance test, and also include the 
following data in the report of the initial performance test required 
under Sec. 60.8. Where a boiler or process heater with a design heat 
input capacity of 44 MW (150 million Btu/hour) or greater is used or 
where the reactor process vent stream is introduced as the primary fuel 
to any size boiler or process heater to comply with Sec. 60.702(a), a 
report containing performance test data need not be submitted, but a 
report containing the information in Sec. 60.705(b)(2)(i) is required. 
The same data specified in this section shall be submitted in the 
reports of all subsequently required performance tests where either the 
emission control efficiency of a combustion device, outlet concentration 
of TOC, or the TRE index value of a vent stream from a recovery system 
is determined.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.702(a) through use 
of either a thermal or catalytic incinerator:
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed for a 
catalytic incinerator), measured at least every 15 minutes and averaged 
over the same time period of the performance testing, and

[[Page 733]]

    (ii) The percent reduction of TOC determined as specified in Sec. 
60.704(b) achieved by the incinerator, or the concentration of TOC 
(ppmv, by compound) determined as specified in Sec. 60.704(b) at the 
outlet of the control device on a dry basis corrected to 3 percent 
oxygen.
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.702(a) through use 
of a boiler or process heater:
    (i) A description of the location at which the vent stream is 
introduced into the boiler or process heater, and
    (ii) The average combustion temperature of the boiler or process 
heater with a design heat input capacity of less than 44 MW (150 million 
Btu/hr) measured at least every 15 minutes and averaged over the same 
time period of the performance testing.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.702(b) through use 
of a smokeless flare, flare design (i.e., steam-assisted, air-assisted 
or nonassisted), all visible emission readings, heat content 
determinations, flow rate measurements, and exit velocity determinations 
made during the performance test, continuous records of the flare pilot 
flame monitoring, and records of all periods of operations during which 
the pilot flame is absent.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.702(c):
    (i) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity (or alternative parameter which is a 
measure of the degree of absorbing liquid saturation, if approved by the 
Administrator), and average exit temperature, of the absorbing liquid 
measured at least every 15 minutes and averaged over the same time 
period of the performance testing (both measured while the vent stream 
is normally routed and constituted); or
    (ii) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature measured at least 
every 15 minutes and averaged over the same time period of the 
performance testing while the vent stream is routed and constituted 
normally; or
    (iii) Where a carbon adsorber is the final recovery device in the 
recovery system, the total steam mass flow measured at least every 15 
minutes and averaged over the same time period of the performance test 
(full carbon bed cycle), temperature of the carbon bed after 
regeneration [and within 15 minutes of completion of any cooling 
cycle(s)], and duration of the carbon bed steaming cycle (all measured 
while the vent stream is routed and constituted normally); or
    (iv) As an alternative to Sec. 60.705(b)(4) (i), (ii) or (iii), the 
concentration level or reading indicated by the organics monitoring 
device at the outlet of the absorber, condenser, or carbon adsorber, 
measured at least every 15 minutes and averaged over the same time 
period of the performance testing while the vent stream is normally 
routed and constituted.
    (v) All measurements and calculations performed to determine the TRE 
index value of the vent stream.
    (c) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
60.703 (a) and (c) as well as up-to-date, readily accessible records of 
periods of operation during which the parameter boundaries established 
during the most recent performance test are exceeded. The Administrator 
may at any time require a report of these data. Where a combustion 
device is used to comply with Sec. 60.702(a), periods of operation 
during which the parameter boundaries established during the most recent 
performance tests are exceeded are defined as follows:
    (1) For thermal incinerators, all 3-hour periods of operation during 
which the average combustion temperature was more than 28 [deg]C (50 
[deg]F) below the average combustion temperature during the most recent 
performance test at which compliance with Sec. 60.702(a) was 
determined.
    (2) For catalytic incinerators, all 3-hour periods of operation 
during which the average temperature of the vent

[[Page 734]]

stream immediately before the catalyst bed is more than 28 [deg]C (50 
[deg]F) below the average temperature of the vent stream during the most 
recent performance test at which compliance with Sec. 60.702(a) was 
determined. The owner or operator also shall record all 3-hour periods 
of operation during which the average temperature difference across the 
catalyst bed is less than 80 percent of the average temperature 
difference of the bed during the most recent performance test at which 
compliance with Sec. 60.702(a) was determined.
    (3) All 3-hour periods of operation during which the average 
combustion temperature was more than 28 [deg]C (50 [deg]F) below the 
average combustion temperature during the most recent performance test 
at which compliance with Sec. 60.702(a) was determined for boilers or 
process heaters with a design heat input capacity of less than 44 MW 
(150 million Btu/hr) where the vent stream is introduced with the 
combustion air or as a secondary fuel.
    (4) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under Sec. 60.702(a).
    (d) Each owner or operator subject to the provisions of this subpart 
shall keep records of the following:
    (1) Up-to-date, readily accessible continuous records of the flow 
indication specified under Sec. 60.703(a)(2)(i), Sec. 60.703(b)(2)(i) 
and Sec. 60.703(c)(1)(i), as well as up-to-date, readily accessible 
records of all periods and the duration when the vent stream is diverted 
from the control device.
    (2) Where a seal mechanism is used to comply with Sec. 
60.703(a)(2)(ii), Sec. 60.703(b)(2)(ii), and Sec. 60.703(c)(1)(ii), a 
record of continuous flow is not required. In such cases, the owner or 
operator shall keep up-to-date, readily accessible records of all 
monthly visual inspections of the seals as well as readily accessible 
records of all periods and the duration when the seal mechanism is 
broken, the bypass line valve position has changed, the serial number of 
the broken car-seal has changed, or when the key for a lock-and-key type 
configuration has been checked out.
    (e) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
flare pilot flame monitoring specified under Sec. 60.703(b), as well as 
up-to-date, readily accessible records of all periods of operations in 
which the pilot flame is absent.
    (f) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
60.703(d), as well as up-to-date, readily accessible records of periods 
of operation during which the parameter boundaries established during 
the most recent performance test are exceeded. The Administrator may at 
any time require a report of these data. Where an owner or operator 
seeks to comply with Sec. 60.702(c), periods of operation during which 
the parameter boundaries established during the most recent performance 
tests are exceeded are defined as follows:
    (1) Where an absorber is the final recovery device in a recovery 
system, and where an organic compound monitoring device is not used:
    (i) All 3-hour periods of operation during which the average 
absorbing liquid temperature was more than 11 [deg]C (20 [deg]F) above 
the average absorbing liquid temperature during the most recent 
performance test, or
    (ii) All 3-hour periods of operation during which the average 
absorbing liquid specific gravity was more than 0.1 unit above, or more 
than 0.1 unit below, the average absorbing liquid specific gravity 
during the most recent performance test (unless monitoring of an 
alternative parameter, which is a measure of the degree of absorbing 
liquid saturation, is approved by the Administrator, in which case he 
will define appropriate parameter boundaries and periods of operation 
during which they are exceeded).
    (2) Where a condenser is the final recovery device in a system, and 
where an organic compound monitoring device is not used, all 3-hour 
periods of operation during which the average exit (product side) 
condenser operating temperature was more than 6 [deg]C (11 [deg]F) above 
the average exit (product side)

[[Page 735]]

operating temperature during the most recent performance test.
    (3) Where a carbon adsorber is the final recovery device in a 
system, and where an organic compound monitoring device is not used:
    (i) All carbon bed regeneration cycles during which the total mass 
steam flow was more than 10 percent below the total mass steam flow 
during the most recent performance test, or
    (ii) All carbon bed regeneration cycles during which the temperature 
of the carbon bed after regeneration (and after completion of any 
cooling cycle(s)) was more than 10 percent or 5 [deg]C greater, 
whichever is less stringent, than the carbon bed temperature (in degrees 
Celsius) during the most recent performance test.
    (4) Where an absorber, condenser, or carbon adsorber is the final 
recovery device in the recovery system and where an organic compound 
monitoring device is used, all 3-hour periods of operation during which 
the average organic compound concentration level or reading of organic 
compounds in the exhaust gases is more than 20 percent greater than the 
exhaust gas organic compound concentration level or reading measured by 
the monitoring device during the most recent performance test.
    (g) Each owner or operator of an affected facility subject to the 
provisions of this subpart and seeking to demonstrate compliance with 
Sec. 60.702(c) shall keep up-to-date, readily accessible records of:
    (1) Any changes in production capacity, feedstock type, or catalyst 
type, or of any replacement, removal or addition of recovery equipment 
or reactors;
    (2) Any recalculation of the TRE index value performed pursuant to 
Sec. 60.704(f); and
    (3) The results of any performance test performed pursuant to the 
methods and procedures required by Sec. 60.704(d).
    (h) Each owner or operator of an affected facility that seeks to 
comply with the requirements of this subpart by complying with the flow 
rate cutoff in Sec. 60.700(c)(4) shall keep up-to-date, readily 
accessible records to indicate that the vent stream flow rate is less 
than 0.011 scm/min and of any change in equipment or process operation 
that increases the operating vent stream flow rate, including a 
measurement of the new vent stream flow rate.
    (i) Each owner or operator of an affected facility that seeks to 
comply with the requirements of this subpart by complying with the 
design production capacity provision in Sec. 60.700(c)(3) shall keep 
up-to-date, readily accessible records of any change in equipment or 
process operation that increases the design production capacity of the 
process unit in which the affected facility is located.
    (j) Each owner or operator of an affected facility that seeks to 
comply with the requirements of this subpart by complying with the low 
concentration exemption in Sec. 60.700(c)(8) shall keep up-to-date, 
readily accessible records of any change in equipment or process 
operation that increases the concentration of the vent stream of the 
affected facility.
    (k) Each owner or operator subject to the provisions of this subpart 
is exempt from the quarterly reporting requirements contained in Sec. 
60.7(c) of the General Provisions.
    (l) Each owner or operator that seeks to comply with the 
requirements of this subpart by complying with the requirements of Sec. 
60.700 (c)(2), (c)(3), or (c)(4) or Sec. 60.702 shall submit to the 
Administrator semiannual reports of the following recorded information. 
The initial report shall be submitted within 6 months after the initial 
start-up date.
    (1) Exceedances of monitored parameters recorded under Sec. 60.705 
(c), (f), and (g).
    (2) All periods and duration recorded under Sec. 60.705(d) when the 
vent stream is diverted from the control device to the atmosphere.
    (3) All periods recorded under Sec. 60.705(f) in which the pilot 
flame of the flare was absent.
    (4) Any change in equipment or process operation that increases the 
operating vent stream flow rate above the low flow exemption level in 
Sec. 60.700(c)(4), including a measurement of the new vent stream flow 
rate, as recorded under Sec. 60.705(i). These must be reported as soon 
as possible after the change and no later than 180 days after

[[Page 736]]

the change. These reports may be submitted either in conjunction with 
semiannual reports or as a single separate report. A performance test 
must be completed within the same time period to verify the recalculated 
flow value and to obtain the vent stream characteristics of heating 
value and ETOC. The performance test is subject to the 
requirements of Sec. 60.8 of the General Provisions. Unless the 
facility qualifies for an exemption under any of the exemption 
provisions listed in Sec. 60.700(c), except for the total resource 
effectiveness index greater than 8.0 exemption in Sec. 60.700(c)(2), 
the facility must begin compliance with the requirements set forth in 
Sec. 60.702.
    (5) Any change in equipment or process operation, as recorded under 
paragraph (i) of this section, that increases the design production 
capacity above the low capacity exemption level in Sec. 60.700(c)(3) 
and the new capacity resulting from the change for the reactor process 
unit containing the affected facility. These must be reported as soon as 
possible after the change and no later than 180 days after the change. 
These reports may be submitted either in conjunction with semiannual 
reports or as a single separate report. A performance test must be 
completed within the same time period to obtain the vent stream flow 
rate, heating value, and ETOC. The performance test is 
subject to the requirements of Sec. 60.8. The facility must begin 
compliance with the requirements set forth in Sec. 60.702 or Sec. 
60.700(d). If the facility chooses to comply with Sec. 60.702, the 
facility may qualify for an exemption under Sec. 60.700(c)(2), (4), or 
(8).
    (6) Any recalculation of the TRE index value, as recorded under 
Sec. 60.705(g).
    (7) All periods recorded under Sec. 60.705(d) in which the seal 
mechanism is broken or the by-pass line valve position has changed. A 
record of the serial number of the car-seal or a record to show that the 
key to unlock the bypass line valve was checked out must be maintained 
to demonstrate the period, the duration, and frequency in which the 
bypass line was operated.
    (8) Any change in equipment or process operation that increases the 
vent stream concentration above the low concentration exemption level in 
Sec. 60.700(c)(8), including a measurement of the new vent stream 
concentration, as recorded under Sec. 60.705(j). These must be reported 
as soon as possible after the change and no later than 180 days after 
the change. These reports may be submitted either in conjunction with 
semiannual reports or as a single separate report. If the vent stream 
concentration is above 300 ppmv as measured using Method 18 or above 150 
ppmv as measured using Method 25A, a performance test must be completed 
within the same time period to obtain the vent stream flow rate, heating 
value, and ETOC. The performance test is subject to the 
requirements of Sec. 60.8 of the General Provisions. Unless the 
facility qualifies for an exemption under any of the exemption 
provisions listed in Sec. 60.700(c), except for the TRE index greater 
than 8.0 exemption in Sec. 60.700(c)(2), the facility must begin 
compliance with the requirements set forth in Sec. 60.702.
    (m) The requirements of Sec. 60.705(l) remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with Sec. 60.705(l), provided that they comply with the 
requirements established by the State.
    (n) Each owner or operator that seeks to demonstrate compliance with 
Sec. 60.700(c)(3) must submit to the Administrator an initial report 
detailing the design production capacity of the process unit.
    (o) Each owner or operator that seeks to demonstrate compliance with 
Sec. 60.700(c)(4) must submit to the Administrator an initial report 
including a flow rate measurement using the test methods specified in 
Sec. 60.704.
    (p) Each owner or operator that seeks to demonstrate compliance with 
Sec. 60.700(c)(8) must submit to the Administrator an initial report 
including a concentration measurement using the test method specified in 
Sec. 60.704.
    (q) The Administrator will specify appropriate reporting and 
recordkeeping requirements where the owner

[[Page 737]]

or operator of an affected facility complies with the standards 
specified under Sec. 60.702 other than as provided under Sec. 60.703 
(a), (b), (c), and (d).
    (r) Each owner or operator whose reactor process vent stream is 
routed to a distillation unit subject to subpart NNN and who seeks to 
demonstrate compliance with Sec. 60.700(c)(5) shall submit to the 
Administrator a process design description as part of the initial 
report. This process design description must be retained for the life of 
the process. No other records or reports would be required unless 
process changes are made.
    (s) Each owner or operator who seeks to demonstrate compliance with 
Sec. 60.702 (a) or (b) using a control device must maintain on file a 
schematic diagram of the affected vent streams, collection system(s), 
fuel systems, control devices, and bypass systems as part of the initial 
report. This schematic diagram must be retained for the life of the 
system.
    (t) Each owner or operator that seeks to demonstrate compliance with 
Sec. 60.700(c)(2) must maintain a record of the initial test for 
determining the total resource effectiveness index and the results of 
the initial total resource effectiveness index calculation.

[58 FR 45962, Aug. 31, 1993, as amended at 60 FR 58238, Nov. 27, 1995; 
65 FR 78279, Dec. 14, 2000]



Sec. 60.706  Reconstruction.

    (a) For purposes of this subpart ``fixed capital cost of the new 
components,'' as used in Sec. 60.15, includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following June 29, 1990. For purposes of this 
paragraph, ``commenced'' means that an owner or operator has undertaken 
a continuous program of component replacement or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of component 
replacement.
    (b) [Reserved]



Sec. 60.707  Chemicals affected by subpart RRR.

------------------------------------------------------------------------
                        Chemical                            CAS No. \1\
------------------------------------------------------------------------
Acetaldehyde............................................         75-07-0
Acetic acid.............................................         64-19-7
Acetic anhydride........................................        108-24-7
Acetone.................................................         67-64-1
Acetone cyanohydrin.....................................         75-86-5
Acetylene...............................................         74-86-2
Acrylic acid............................................         79-10-7
Acrylonitrile...........................................        107-13-1
Adipic acid.............................................        124-04-9
Adiponitrile............................................        111-69-3
Alcohols, C-11 or lower, mixtures.......................
Alcohols, C-12 or higher, mixtures......................
Alcohols, C-12 or higher, unmixed.......................
Allyl chloride..........................................        107-05-1
Amylene.................................................        513-35-9
Amylenes, mixed.........................................
Aniline.................................................         62-53-3
Benzene.................................................         71-43-2
Benzenesulfonic acid....................................         98-11-3
Benzenesulfonic acid C10	16-alkyl derivatives, sodium         68081-81-2
 salts..................................................
Benzyl chloride.........................................        100-44-7
Bisphenol A.............................................         80-05-7
Brometone...............................................         76-08-4
1,3-Butadiene...........................................        106-99-0
Butadiene and butene fractions..........................
n-Butane................................................        106-97-8
1,4-Butanediol..........................................        110-63-4
Butanes, mixed..........................................
1-Butene................................................        106-98-9
2-Butene................................................      25167-67-3
Butenes, mixed..........................................
n-Butyl acetate.........................................        123-86-4
Butyl acrylate..........................................        141-32-2
n-Butyl alcohol.........................................         71-36-3
sec-Butyl alcohol.......................................         78-92-2
tert-Butyl alcohol......................................         75-65-0
Butylbenzyl phthalate...................................         85-68-7
tert-Butyl hydroperoxide................................         75-91-2
2-Butyne-1,4-diol.......................................        110-65-6
Butyraldehyde...........................................        123-72-8
Butyric anhydride.......................................        106-31-0
Caprolactam.............................................        105-60-2
Carbon disulfide........................................         75-15-0
Carbon tetrachloride....................................         56-23-5
Chloroacetic acid.......................................         79-11-8
Chlorobenzene...........................................        108-90-7
Chlorodifluoromethane...................................         75-45-6
Chloroform..............................................         67-66-3
p-Chloronitrobenzene....................................        100-00-5
Citric acid.............................................         77-92-9
Cumene..................................................         98-82-8
Cumene hydroperoxide....................................         80-15-9
Cyanuric chloride.......................................        108-77-0
Cyclohexane.............................................        110-82-7
Cyclohexane, oxidized...................................      68512-15-2
Cyclohexanol............................................        108-93-0
Cyclohexanone...........................................        108-94-1
Cyclohexanone oxime.....................................        100-64-1
Cyclohexene.............................................        110-83-8
Cyclopropane............................................         75-19-4
Diacetone alcohol.......................................        123-42-2
1,4-Dichlorobutene......................................        110-57-6
3,4-Dichloro-1-butene...................................      64037-54-3
Dichlorodifluoromethane.................................         75-71-8
Dichlorodimethylsilane..................................         75-78-5
Dichlorofluoromethane...................................         75-43-4
Diethanolamine..........................................        111-42-2
Diethylbenzene..........................................      25340-17-4
Diethylene glycol.......................................        111-46-6
Di-isodecyl phthalate...................................      26761-40-0

[[Page 738]]

 
Dimethyl terephthalate..................................        120-61-6
2,4-(and 2,6)-dinitrotoluene............................        121-14-2
                                                                606-20-2
Dioctyl phthalate.......................................        117-81-7
Dodecene................................................      25378-22-7
Dodecylbenzene, nonlinear...............................
Dodecylbenzenesulfonic acid.............................      27176-87-0
Dodecylbenzenesulfonic acid, sodium salt................      25155-30-0
Epichlorohydrin.........................................        106-89-8
Ethanol.................................................         64-17-5
Ethanolamine............................................        141-43-5
Ethyl acetate...........................................        141-78-6
Ethyl acrylate..........................................        140-88-5
Ethylbenzene............................................        100-41-4
Ethyl chloride..........................................         75-00-3
Ethylene................................................         74-85-1
Ethylene dibromide......................................        106-93-4
Ethylene dichloride.....................................        107-06-2
Ethylene glycol.........................................        107-21-1
Ethylene glycol monobutyl ether.........................        111-76-2
Ethylene glycol monoethyl ether acetate.................        111-15-9
Ethylene glycol monomethyl ether........................        109-86-4
Ethylene oxide..........................................         75-21-8
2-Ethylhexyl alcohol....................................        104-76-7
(2-Ethylhexyl) amine....................................        104-75-6
6-Ethyl-1,2,3,4-tetrahydro 9,10-anthracenedione.........      15547-17-8
Formaldehyde............................................         50-00-0
Glycerol................................................         56-81-5
n-Heptane...............................................        142-82-5
Heptenes (mixed)........................................
Hexamethylene diamine...................................        124-09-4
Hexamethylene diamine adipate...........................       3323-53-3
Hexamethylenetetramine..................................        100-97-0
Hexane..................................................        110-54-3
Isobutane...............................................         75-28-5
Isobutanol..............................................         78-83-1
Isobutylene.............................................        115-11-7
Isobutyraldehyde........................................         78-84-2
Isopentane..............................................         78-78-4
Isoprene................................................         78-79-5
Isopropanol.............................................         67-63-0
Ketene..................................................        463-51-4
Linear alcohols, ethoxylated, mixed.....................
Linear alcohols, ethoxylated, and sulfated, sodium salt,
 mixed..................................................
Linear alcohols, sulfated, sodium salt, mixed...........
Linear alkylbenzene.....................................        123-01-3
Maleic anhydride........................................        108-31-6
Mesityl oxide...........................................        141-79-7
Methanol................................................         67-56-1
Methylamine.............................................         74-39-5
ar-Methylbenzenediamine.................................      25376-45-8
Methyl chloride.........................................         74-87-3
Methylene chloride......................................         75-09-2
Methyl ethyl ketone.....................................         78-93-3
Methyl isobutyl ketone..................................        108-10-1
Methyl methacrylate.....................................         80-62-6
1-Methyl-2-pyrrolidone..................................        872-50-4
Methyl tert-butyl ether.................................
Naphthalene.............................................         91-20-3
Nitrobenzene............................................         98-95-3
1-Nonene................................................      27215-95-8
Nonyl alcohol...........................................        143-08-8
Nonylphenol.............................................      25154-52-3
Nonylphenol, ethoxylated................................       9016-45-9
Octene..................................................      25377-83-7
Oil-soluble petroleum sulfonate, calcium salt...........
Pentaerythritol.........................................        115-77-5
3-Pentenenitrile........................................       4635-87-4
Pentenes, mixed.........................................        109-67-1
Perchloroethylene.......................................        127-18-4
Phenol..................................................        108-95-2
1-Phenylethyl hydroperoxide.............................       3071-32-7
Phenylpropane...........................................        103-65-1
Phosgene................................................         75-44-5
Phthalic anhydride......................................         85-44-9
Propane.................................................         74-98-6
Propionaldehyde.........................................        123-38-6
Propyl alcohol..........................................         71-23-8
Propylene...............................................        115-07-1
Propylene glycol........................................         57-55-6
Propylene oxide.........................................         75-56-9
Sorbitol................................................         50-70-4
Styrene.................................................        100-42-5
Terephthalic acid.......................................        100-21-0
Tetraethyl lead.........................................         78-00-2
Tetrahydrofuran.........................................        109-99-9
Tetra (methyl-ethyl) lead...............................
Tetramethyl lead........................................         75-74-1
Toluene.................................................        108-88-3
Toluene-2,4-diamine.....................................         95-80-7
Toluene-2,4-(and, 2,6)-diisocyanate (80/20 mixture).....      26471-62-5
1,1,1-Trichloroethane...................................         71-55-6
1,1,2-Trichloroethane...................................         79-00-5
Trichloroethylene.......................................         79-01-6
Trichlorofluoromethane..................................         75-69-4
1,1,2-Trichloro-1,2,2-trifluoroethane...................         76-13-1
Triethanolamine.........................................        102-71-6
Triethylene glycol......................................        112-27-6
Vinyl acetate...........................................        108-05-4
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
m-Xylene................................................        108-38-3
o-Xylene................................................         95-47-6
p-Xylene................................................        106-42-3
Xylenes (mixed).........................................      1330-20-7
------------------------------------------------------------------------
\1\ CAS numbers refer to the Chemical Abstracts Registry numbers
  assigned to specific chemicals, isomers, or mixtures of chemicals.
  Some isomers or mixtures that are covered by the standards do not have
  CAS numbers assigned to them. The standards apply to all of the
  chemicals listed, whether CAS numbers have been assigned or not.


[58 FR 45962, Aug. 31, 1993, as amended at 60 FR 58238, Nov. 27, 1995]



Sec. 60.708  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. 
60.703(e).



     Subpart SSS_Standards of Performance for Magnetic Tape Coating 
                               Facilities

    Source: 53 FR 38914, Oct. 3, 1988, unless otherwise noted.

[[Page 739]]



Sec. 60.710  Applicability and designation of affected facility.

    (a) The affected facilities to which the provisions of this subpart 
apply are:
    (1) Each coating operation; and
    (2) Each piece of coating mix preparation equipment.
    (b) Any new coating operation that utilizes less than 38 m\3\ of 
solvent or any modified or reconstructed coating operation that utilizes 
less than 370 m\3\ of solvent for the manufacture of magnetic tape per 
calendar year is subject only to the requirements of Sec. Sec. 
60.714(a), 60.717(b), and 60.717(c). If the amount of solvent utilized 
for the manufacture of magnetic tape equals or exceeds these amounts in 
any calendar year, the facility is subject to Sec. 60.712 and all other 
sections of this subpart. Once a facility has become subject to Sec. 
60.712 and all other sections of this subpart, it will remain subject to 
those requirements regardless of changes in annual solvent utilization.
    (c) This subpart applies to any affected facility for which 
construction, modification, or reconstruction begins after January 22, 
1986.



Sec. 60.711  Definitions, symbols, and cross reference tables.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Act and in subpart A of this part.
    (1) Base film means the substrate that is coated to produce magnetic 
tape.
    (2) Capture system means any device or combination of devices that 
contains or collects an airborne pollutant and directs it into a duct.
    (3) Coating applicator means any apparatus used to apply a coating 
to a continuous base film.
    (4) Coating mix preparation equipment means all mills, mixers, 
holding tanks, polishing tanks, and other equipment used in the 
preparation of the magnetic coating formulation but does not include 
those mills that do not emit VOC because they are closed, sealed, and 
operated under pressure.
    (5) Coating operation means any coating applicator, flashoff area, 
and drying oven located between a base film unwind station and a base 
film rewind station that coat a continuous base film to produce magnetic 
tape.
    (6) Common emission control device means a control device 
controlling emissions from the coating operation as well as from another 
emission source within the plant.
    (7) Concurrent means construction of a control device is commenced 
or completed within the period beginning 6 months prior to the date 
construction of affected coating mix preparation equipment commences and 
ending 2 years after the date construction of affected coating mix 
preparation equipment is completed.
    (8) Control device means any apparatus that reduces the quantity of 
a pollutant emitted to the air.
    (9) Cover means, with respect to coating mix preparation equipment, 
a device that lies over the equipment opening to prevent VOC from 
escaping and that meets the requirements found in Sec. 60.712(c)(1)-
(5).
    (10) Drying oven means a chamber in which heat is used to bake, 
cure, polymerize, or dry a surface coating.
    (11) Equivalent diameter means four times the area of an opening 
divided by its perimeter.
    (12) Flashoff area means the portion of a coating operation between 
the coating applicator and the drying oven where solvent begins to 
evaporate from the coated base film.
    (13) Magnetic tape means any flexible substrate that is covered on 
one or both sides with a coating containing magnetic particles and that 
is used for audio or video recording or information storage.
    (14) Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft across such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    (15) Nominal 1-month period means a calendar month or, if 
established prior to the performance test in a statement submitted with 
notification of anticipated startup pursuant to 40 CFR

[[Page 740]]

60.7(a)(2), a similar monthly time period (e.g., 30-day month or 
accounting month).
    (16) Temporary enclosure means a total enclosure that is constructed 
for the sole purpose of measuring the fugitive emissions from an 
affected facility. A temporary enclosure must be constructed and 
ventilated (through stacks suitable for testing) so that it has minimal 
impact on the performance of the permanent capture system. A temporary 
enclosure will be assumed to achieve total capture of fugitive VOC 
emissions if it conforms to the requirements found in Sec. 
60.713(b)(5)(i) and if all natural draft openings are at least four duct 
or hood equivalent diameters away from each exhaust duct or hood. 
Alternatively, the owner or operator may apply to the Administrator for 
approval of a temporary enclosure on a case-by-case basis.
    (17) Total enclosure means a structure that is constructed around a 
source of emissions so that all VOC emissions are collected and 
exhausted through a stack or duct. With a total enclosure, there will be 
no fugitive emissions, only stack emissions. The only openings in a 
total enclosure are forced makeup air and exhaust ducts and any natural 
draft openings such as those that allow raw materials to enter and exit 
the enclosure for processing. All access doors or windows are closed 
during routine operation of the enclosed source. Brief, occasional 
openings of such doors or windows to accommodate process equipment 
adjustments are acceptable, but, if such openings are routine or if an 
access door remains open during the entire operation, the access door 
must be considered a natural draft opening. The average inward face 
velocity across the natural draft openings of the enclosure must be 
calculated including the area of such access doors. The drying oven 
itself may be part of the total enclosure. A permanent enclosure that 
meets the requirements found in Sec. 60.713(b)(5)(i) is assumed to be a 
total enclosure. The owner or operator of a permanent enclosure that 
does not meet the requirements may apply to the Administrator for 
approval of the enclosure as a total enclosure on a case-by-case basis. 
Such approval shall be granted upon a demonstration to the satisfaction 
of the Administrator that all VOC emissions are contained and vented to 
the control device.
    (18) Utilize refers to the use of solvent that is delivered to 
coating mix preparation equipment for the purpose of formulating 
coatings to be applied on an affected coating operation and any other 
solvent (e.g., dilution solvent) that is added at any point in the 
manufacturing process.
    (19) VOC content of the coating applied means the product of Method 
24 VOC analyses or formulation data (if the data are demonstrated to be 
equivalent to Method 24 results) and the total volume of coating fed to 
the coating applicator. This quantity is intended to include all VOC 
that actually are emitted from the coating operation in the gaseous 
phase. Thus, for purposes of the liquid-liquid VOC material balance in 
Sec. 60.713(b)(1), any VOC (including dilution solvent) added to the 
coatings must be accounted for, and any VOC contained in waste coatings 
or retained in the final product may be measured and subtracted from the 
total. (These adjustments are not necessary for the gaseous emission 
test compliance provisions of Sec. 60.713(b).)
    (20) Volatile Organic Compounds or VOC means any organic compounds 
that participate in atmospheric photochemical reactions or that are 
measured by Method 18, 24, 25, or 25A or an equivalent or alternative 
method as defined in 40 CFR 60.2.
    (b) The nomenclature used in this subpart has the following meaning:
    (1) Ak=the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Caj=the concentration of VOC in each gas stream (j) 
exiting the emission control device, in parts per million by volume.
    (3) Cbi=the concentration of VOC in each gas stream (i) 
entering the emission control device, in parts per million by volume.
    (4) Cdi=the concentration of VOC in each gas stream (i) 
entering the emission control device from the affected coating 
operation, in parts per million by volume.

[[Page 741]]

    (5) Cfk=the concentration of VOC in each uncontrolled gas 
stream (k) emitted directly to the atmosphere from the affected coating 
operation, in parts per million by volume.
    (6) Cgv=the concentration of VOC in the gas stream 
entering each individual carbon adsorber vessel (v), in parts per 
million by volume. For the purposes of calculating the efficiency of the 
individual adsorber vessel, Cgv may be measured in the carbon 
adsorption system's common inlet duct prior to the branching of 
individual inlet ducts.
    (7) Chv=the concentration of VOC in the gas stream 
exiting each individual carbon adsorber vessel (v), in parts per million 
by volume.
    (8) E=the control device efficiency achieved for the duration of the 
emission test (expressed as a fraction).
    (9) F=the VOC emission capture efficiency of the VOC capture system 
achieved for the duration of the emission test (expressed as a 
fraction).
    (10) FV=the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) G=the calculated weighted average mass of VOC per volume of 
coating solids (in kilograms per liter) applied each nominal 1-month 
period.
    (12) Hv=the individual carbon adsorber vessel (v) 
efficiency achieved for the duration of the emission test (expressed as 
a fraction).
    (13) Hsys=the carbon adsorption system efficiency 
calculated when each adsorber vessel has an individual exhaust stack.
    (14) Lsi=the volume fraction of solids in each coating 
(i) applied during a nominal 1-month period as determined from the 
facility's formulation records.
    (15) Mci=the total mass in kilograms of each coating (i) 
applied at an affected coating operation during a nominal 1-month period 
as determined from facility records. This quantity shall be determined 
at a time and location in the process after all ingredients (including 
any dilution solvent) have been added to the coating, or appropriate 
adjustments shall be made to account for any ingredients added after the 
mass of the coating has been determined.
    (16) Mr=the total mass in kilograms of VOC recovered for 
a nominal 1-month period.
    (17) Qaj=the volumetric flow rate of each gas stream (j) 
exiting the emission control device, in dry standard cubic meters per 
hour when Method 18 or 25 is used to measure VOC concentration or in 
standard cubic meters per hour (wet basis) when Method 25A is used to 
measure VOC concentration.
    (18) Qbi=the volumetric flow rate of each gas stream (i) 
entering the emission control device, in dry standard cubic meters per 
hour when Method 18 or 25 is used to measure VOC concentration or in 
standard cubic meters per hour (wet basis) when Method 25A is used to 
measure VOC concentration.
    (19) Qdi=the volumetric flow rate of each gas stream (i) 
entering the emission control device from the affected coating 
operation, in dry standard cubic meters per hour when Method 18 or 25 is 
used to measure VOC concentration or in standard cubic meters per hour 
(wet basis) when Method 25A is used to measure VOC concentration.
    (20) Qfk=the volumetric flow rate of each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
coating operation, in dry standard cubic meters per hour when Method 18 
or 25 is used to measure VOC concentration or in standard cubic meters 
per hour (wet basis) when Method 25A is used to measure VOC 
concentration.
    (21) Qgv=the volumetric flow rate of the gas stream 
entering each individual carbon adsorber vessel (v), in dry standard 
cubic meters per hour when Method 18 or 25 is used to measure VOC 
concentration or in standard cubic meters per hour (wet basis) when 
Method 25A is used to measure VOC concentration. For purposes of 
calculating the efficiency of the individual adsorber vessel, the value 
of Qgv can be assumed to equal the value of Qhv 
measured for that adsorber vessel.
    (22) Qhv=the volumetric flow rate of the gas stream 
exiting each individual carbon adsorber vessel (v), in dry standard 
cubic meters per hour when Method 18 or 25 is used to measure VOC 
concentration or in standard cubic meters per hour (wet basis) when 
Method

[[Page 742]]

25A is used to measure VOC concentration.
    (23) Qini=the volumetric flow rate of each gas stream (i) 
entering the total enclosure through a forced makeup air duct, in 
standard cubic meters per hour (wet basis).
    (24) Qoutj=the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood, in 
standard cubic meters per hour (wet basis).
    (25) R=the overall VOC emission reduction achieved for the duration 
of the emission test (expressed as a percentage).
    (26) RSi=the total mass (kg) of VOC retained in the 
coated base film after oven drying for a given magnetic tape product.
    (27) Vci=the total volume in liters of each coating (i) 
applied during a nominal 1-month period as determined from facility 
records.
    (28) Woi=the weight fraction of VOC in each coating (i) 
applied at an affected coating operation during a nominal 1-month period 
as determined by Method 24. This value shall be determined at a time and 
location in the process after all ingredients (including any dilution 
solvent) have been added to the coating, or appropriate adjustments 
shall be made to account for any ingredients added after the weight 
fraction of VOC in the coating has been determined.
    (c) tables 1a and 1b present a cross reference of the affected 
facility status and the relevant section(s) of the regulation.

                                         Table 1a--Cross Reference \a,b\
----------------------------------------------------------------------------------------------------------------
                                                                                       Compliance provisions d--
                Status                                    Standard c                         Sec. 60.713
----------------------------------------------------------------------------------------------------------------
A. Coating operation alone:
    New...............................  Sec. 60.712(a): Recover or destroy at least  (b)(1), (b)(2), (b)(3),
                                         93 percent of the VOC applied.                 (b)(4), (b)(5), (c), (d)
    Modified or reconstructed:
        1. If at least 90 percent of    Sec. 60.712(b)(1): (i) Maintain              (a)(1), (a)(3), (b)(1),
         the VOC applied is recovered    demonstrated level of VOC control or 93        (b)(2), (b)(3), (b)(4),
         or destroyed prior to           percent, whichever is lower.                   (c), (d)
         modification/reconstruction.   (ii) If the VOC control device is
                                         subsequently replaced, the new control
                                         device must be at least 95 percent
                                         efficient, a demonstration must be made that
                                         the overall level of VOC control is at least
                                         as high as required with the old control
                                         device (90 to 93 percent) and, if the
                                         demonstrated level is higher than the old
                                         level, maintain the higher level of control
                                         (up to 93 percent).
        2. If existing coating          Sec. 60.712(b)(2): (i) Continue to vent all  (a)(2), (b)(5), (c), (d)
         operation has a total           VOC emissions to the control device and
         enclosure vented to a control   maintain control efficiency at or above the
         device that is at least 92      demonstrated level or 95 percent, whichever
         percent efficient.              is lower.
                                        (ii) If the VOC control device is
                                         subsequently replaced, the new control
                                         device must be at least 95 percent efficient
                                         and all VOC emissions must be vented from
                                         the total enclosure to the new control
                                         device.
        3. If existing coating          Sec. 60.712(b)(3): Recover or destroy at     (b)(1), (b)(2), (b)(3),
         operation is not in the         least 93 percent of the VOC applied.           (b)(4), (b)(5), (c), (d)
         previous two categories.

[[Page 743]]

 
B. Coating mix preparation equipment
 alone:
    New:
        1. With concurrent              Sec. 60.712(c): Install and use covers and   (b)(6)
         construction of new VOC         vent to a control device that is at least 95
         control device (other than a    percent efficient e.
         condenser) on the coating
         operation.
        2. Without concurrent           Sec. 60.712 (d)(1) or (d)(2): Install and    (b)(7), (b)(8)
         construction of new VOC         use covers and vent to a control device or
         control device on the coating   install and use covers e.
         operation or with concurrent
         construction of a condenser.
    Modified or reconstructed.........  Sec. 60.712 (d)(1) or (d)(2): Install and    (b)(7), (b)(8)
                                         use covers and vent to a control device or
                                         install and use covers e.
C. Both coating operation and coating   Sec. 60.712(e): In lieu of standards in      (b)(9)
 mix preparation equipment: New and      Sec. 60.712(a)-(d), use coatings
 modified or reconstructed.              containing a maximum of 0.20 kg VOC per
                                         liter of coating solids.
----------------------------------------------------------------------------------------------------------------
a This table is presented for the convenience of the user and is not intended to supercede the language of the
  regulation. For the details of the requirements, refer to the text of the regulation.
b Refer to part B to determine which subsections of Sec. Sec. 60.714, 60.715, and 60.717 correspond to each
  compliance provision (Sec. 60.713).
c As per Sec. 60.710(b), any new coating operation with solvent utilization <38 m\3\/yr or any modified or
  reconstructed coating operation with solvent utilization <370 m\3\/yr is exempt from the VOC standards (Sec.
  60.712). Such coating operations are subject only to Sec. Sec. 60.714(a), 60.717(b), and 60.717(c).
  However, should a coating operation once exceed the applicable annual solvent utilization cutoff, that coating
  operation shall be subject to the VOC standards (Sec. 60.712) and all other sections of the subpart. Once
  this has occurred, the coating operation shall remain subject to those requirements regardless of changes in
  annual solvent utilization.
d As applicable.
e Section 60.716 permits the use of an alternative means of VOC emission limitation that achieves an equivalent
  or greater VOC emission reduction.


                                            Table 1b--Cross Reference
----------------------------------------------------------------------------------------------------------------
                                                                                                 Reporting and
                                 Test methods--Sec. Installation of          monitoring
Compliance provisions \a\--Sec. 60.715          Category/      monitoring devices and  requirements \c\--
              60.713                                  equipment \b\     recordkeeping--Sec. Sec. 60.717
                                                                               60.714
----------------------------------------------------------------------------------------------------------------
A. Coating operation alone:
    (b)(1)--When emissions from  (a)                 ...............  (b), (i), (k)            (a), (d)(1), (e),
     only the affected coating                                                                  (h), (i)
     operation are controlled
     by a solvent recovery
     device, perform a liquid-
     liquid VOC material
     balance.
    (b)(2)--When emissions from  (b)-(g)             General          (i), (k)                 (a), (e), (h),
     only the affected coating                       CA               (c)                       (i)
     operation are controlled                        CO               (d)                      (d)(3), (d)(4)
     by an incinerator or when                       TI               (e)                      (d)(5)
     a common emission control                       CI               (f)                      (d)(6)
     device (other than a                            PE, TE           (g)                      (d)(7)
     carbon adsorption system                                                                  (d)(8)
     with individual exhaust
     stacks for each adsorber
     vessel) is used to control
     emissions from an affected
     coating operation as well
     as from other sources of
     VOC, perform a gaseous
     emission test.

[[Page 744]]

 
    (b)(3)--When emissions from  (b)-(g)             General          (i), (k)                 (a), (e), (h),
     both the affected coating                       CA               (c)                       (i)
     operation and from other                        PE, TE           (g)                      (d)(3), (d)(4)
     sources of VOC are                                                                        (d)(8)
     controlled by a carbon
     adsorption system with
     individual exhaust stacks
     for each adsorber vessel,
     perform a gaseous emission
     test.
    (b)(4)--When emissions from  (b)-(g)             General          (i), (k)                 (a), (e), (h),
     more than one affected                          CA               (c)                       (i)
     coating operation are                           CO               (d)                      (d)(3), (d)(4)
     vented through the same                         TI               (e)                      (d)(5)
     duct to a control device                        CI               (f)                      (d)(6)
     also controlling emissions                      PE, TE           (g)                      (d)(7)
     from nonaffected sources                                                                  (d)(8)
     that are vented separately
     from the affected coating
     operations, consider the
     combined affected coating
     operations as a single
     emission source and
     conduct a compliance test
     described in Sec.
     60.713(b)(2) or (3).
    (b)(5)--Alternative to Sec. (b)-(g)             General          (i), (k)                 (a), (e) (h), (i)
       60.713(b)(1)-(4):                             CA               (c)                      (d)(3), (d)(4)
     Demonstrate that a total                        CO               (d)                      (d)(5)
     enclosure is installed                          TI               (e)                      (d)(6)
     around the coating                              CI               (f)                      (d)(7)
     operation and that all VOC                      TE               (h)                      (d)(8)
     emissions are vented to a
     control device with the
     specified efficiency.
B. Coating mix preparation
 equipment alone:
    (b)(6)--Demonstrate that     (b)-(g)             General          (k)                      (a), (e), (h),
     covers meeting the                              CA               (c)                       (i)
     requirements of Sec. TI               (e)                      (d)(3), (d)(4)
     60.712(c)(1)-(5) are                            CI               (f)                      (d)(6)
     installed and used                                                                        (d)(7)
     properly; procedures
     detailing the proper use
     of covers are posted; the
     mix equipment is vented to
     a control device; and the
     control device efficiency
     is greater than or equal
     to 95 percent.
    (b)(7)--Demonstrate that
     covers meeting the
     requirements of Sec.
     60.712(c)(1)-(5) are
     installed and used
     properly; procedures
     detailing the proper use
     of covers are posted; and
     the mix equipment is
     vented to a control
     device.
    (b)(8)--Demonstrate that
     covers meeting the
     requirement of Sec.
     60.712(c)(1)-(5) are
     installed and used
     properly and that
     procedures detailing the
     proper use of the covers
     are posted.
C. Both coating operation and    (a)                 ...............  (i), (j) (k)             (d)(2), (e), (g),
 coating mix preparation                                                                        (h), (i)
 equipment: (b)(9)--Determine
 that weighted average mass of
 VOC in the coating per volume
 of coating solids applied for
 each month.
----------------------------------------------------------------------------------------------------------------
\a\ Section 60.713(a) specifies the procedures to be used prior to modification/reconstruction to establish the
  applicability of the VOC standards in Sec. 60.712(b)(1) and (2) for modified/reconstructed coating
  operations. Section 60.713(a)(1) requires the use of the procedures of Sec. 60.713(b)(1), (2), (3), or (4)
  to demonstrate prior to modification/reconstruction that 90 percent of the applied VOC is recovered or
  destroyed. Section 60.713(a)(2) requires the use of procedures of Sec. 60.713(b)(5) to demonstrate prior to
  modification/reconstruction that the coating operation has a total enclosure vented to a control device that
  is at least 92 percent efficient. Sections 60.713(c) and (d) do not have corresponding test methods,
  monitoring, reporting, or recordkeeping requirements.
\b\ TI = thermal incinerator; CI = catalytic incinerator; CA = carbon adsorber; CO = condenser; PE = partial
  enclosure; TE = total enclosure.
\c\ See Sec. 60.717(f) for additional reporting requirements when coating mix preparation equipment is
  constructed at a time when no coating operation is being constructed. See Sec. 60.717(g) for addition
  reporting requirements when coating mix preparation equipment is constructed at the same time as an affected
  coating operation.


[53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, 1988, as amended at 53 
FR 47955, Nov. 29, 1988; 53 FR 49822, Dec. 9, 1988]

[[Page 745]]



Sec. 60.712  Standards for volatile organic compounds.

    Each owner or operator of any affected facility that is subject to 
the requirements of this subpart shall comply with the emission 
limitations set forth in this section on and after the date on which the 
initial performance test required by Sec. 60.8 is completed, but not 
later than 60 days after achieving the maximum production rate at which 
the affected facility will be operated or 180 days after initial 
startup, whichever date comes first.
    (a) Each owner or operator shall control emissions from a new 
coating operation by recovering or destroying at least 93 percent of the 
VOC content of the coating applied at the coating applicator.
    (b) Each owner or operator of a modified or reconstructed coating 
operation shall meet the appropriate standard set out in (b)(1), (2), or 
(3) of this section.
    (1) For coating operations demonstrated prior to modification or 
reconstruction pursuant to Sec. 60.713(a)(1) to have emissions 
controlled by the recovery or destruction of at least 90 percent of the 
VOC content of the coating applied at the coating applicator.
    (i) Subject to the provisions of (b)(1)(ii) of this section, each 
owner or operator shall continue to control emissions from the coating 
operation to at least the demonstrated level or 93 percent, whichever is 
lower.
    (ii) If the VOC control device in use during the emission reduction 
demonstration made pursuant to Sec. 60.713(a)(1) is subsequently 
replaced, each owner or operator shall:
    (A) Install a control device that is at least 95 percent efficient; 
and
    (B) Control emissions from the coating operation to at least the 
level determined pursuant to Sec. 60.713(a)(3)(ii).
    (2) For coating operations demonstrated prior to modification or 
reconstruction pursuant to Sec. 60.713(a)(2) to have a total enclosure 
installed around the coating operation and all VOC emissions ventilated 
to a control device that is at least 92 percent efficient.
    (i) Subject to the provisions of (b)(2)(ii) of this section, each 
owner or operator shall continue to ventilate all VOC emissions from the 
total enclosure to the control device and maintain control device 
efficiency at or above the demonstrated level or 95 percent, whichever 
is lower.
    (ii) If the VOC control device in use during the control device 
efficiency demonstration made pursuant to Sec. 60.713(a)(2) is 
subsequently replaced, each owner or operator shall install a VOC 
control device that is at least 95 percent efficient and ventilate all 
VOC emissions from the total enclosure to the control device.
    (3) For coating operations not subject to paragraph (b)(1) or (2) of 
this section, each owner or operator shall control emissions from the 
coating operation by recovering or destroying at least 93 percent of the 
VOC content of the coating applied at the coating applicator.
    (c) Each owner or operator constructing new coating mix preparation 
equipment with concurrent construction of a new VOC control device 
(other than a condenser) on a magnetic tape coating operation shall 
control emissions from the coating mix preparation equipment by 
installing and using a cover on each piece of equipment and venting the 
equipment to a 95 percent efficient control device. Each cover shall 
meet the following specifications:
    (1) Cover shall be closed at all times except when adding 
ingredients, withdrawing samples, transferring the contents, or making 
visual inspection when such activities cannot be carried out with cover 
in place. Such activities shall be carried out through ports of the 
minimum practical size.
    (2) Cover shall extend at least 2 cm beyond the outer rim of the 
opening or shall be attached to the rim;
    (3) Cover shall be of such design and construction that contact is 
maintained between cover and rim along the entire perimeter;
    (4) Any breach in the cover (such as an opening for insertion of a 
mixer shaft or port for addition of ingredients) shall be covered 
consistent with (c)(2) and (3) of this section when not actively in use. 
An opening sufficient to allow safe clearance for a mixer shaft is 
acceptable during those periods when the shaft is in place; and
    (5) A polyethylene or nonpermanent cover may be used provided it 
meets

[[Page 746]]

the requirements of (c)(2), (3), and (4) of this section. Such a cover 
shall not be reused after once being removed.
    (d) Each owner or operator of affected coating mix preparation 
equipment not subject to Sec. 60.712(c) shall control emissions from 
the coating mix preparation equipment by either:
    (1) Installing and using a cover that meets the specifications in 
paragraphs (c)(1)-(5) of this section and venting VOC emissions from the 
equipment to a VOC control device; or
    (2) Installing and using a cover that meets the specifications in 
paragraphs (c)(1)-(5) of this section.
    (e) In lieu of complying with Sec. 60.712(a) through (d), each 
owner or operator may use coatings that contain a maximum of 0.20 kg of 
VOC per liter of coating solids as calculated on a weighted average 
basis for each nominal 1-month period.



Sec. 60.713  Compliance provisions.

    (a) Applicability of Sec. 60.712(b)(1) and (2) (standards for 
modified or reconstructed coating operations) and determination of 
control level required in Sec. 60.712(b)(1)(ii)(B).
    (1) To establish applicability of Sec. 60.712(b)(1), each owner or 
operator must demonstrate, prior to modification or reconstruction, that 
at least 90 percent of the VOC content of the coating applied at the 
coating applicator is recovered or destroyed. Such demonstration shall 
be made using the procedures of paragraph (b)(1), (b)(2), (b)(3), or 
(b)(4) of this section, as appropriate.
    (2) To establish applicability of Sec. 60.712(b)(2), each owner or 
operator must demonstrate, prior to modification or reconstruction, that 
a total enclosure is installed around the existing coating operation and 
that all VOC emissions are ventilated to a control device that is at 
least 92 percent efficient. Such demonstration shall be made using the 
procedures of Sec. 60.713(b)(5).
    (3) To determine the level of control required in Sec. 
60.712(b)(1)(ii)(B), the owner or operator must demonstrate:
    (i) That the VOC control device subsequently installed is at least 
95 percent efficient. Such demonstration shall be made using Equation 
(2) specified in paragraph (b)(2)(iv) of this section or Equations (4) 
and (5) specified in paragraphs (b)(3)(iv) and (v) of this section, as 
applicable, and the test methods and procedures specified in Sec. 
60.715(b)-(g); and
    (ii) That the overall level of control after the VOC control device 
is installed is at least as high as the level demonstrated prior to 
modification or reconstruction pursuant to paragraph (a)(1) of this 
section. Such demonstrations shall be made using the procedures of 
paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section, as 
appropriate. The required overall level of control subsequent to this 
demonstration shall be the level so demonstrated or 93 percent, 
whichever is lower.
    (b) Compliance demonstrations for Sec. 60.712(a), (b)(1), (b)(2), 
(b)(3), (c), (d), and (e).
    (1) To demonstrate compliance with Sec. 60.712(a), (b)(1), or 
(b)(3) (standards for coating operations) when emissions from only the 
affected coating operations are controlled by a dedicated solvent 
recovery device, each owner or operator of the affected coating 
operation shall perform a liquid-liquid VOC material balance over each 
and every nominal 1-month period. When demonstrating compliance by this 
procedure, Sec. 60.8(f) of the General Provisions does not apply. The 
amount of liquid VOC applied and recovered shall be determined as 
discussed in paragraph (b)(1)(iii) of this section. The overall VOC 
emission reduction (R) is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.057

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured value of RSi that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds 
zero.
    (ii) The measurement techniques of paragraph (b)(1)(i)(A) of this 
section

[[Page 747]]

shall be submitted to the Administrator for approval with the 
notification of anticipated startup required under Sec. 60.7(a)(2) of 
the General Provisions.
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (b)(1) of this section shall:
    (A) Measure the amount of coating applied at the coating applicator;
    (B) Determine the VOC content of all coatings applied using the test 
method specified in Sec. 60.715(a);
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of VOC recovered by the solvent recovery device over each nominal 
1-month period. The device shall be certified by the manufacturer to be 
accurate to within 2.0 percent;
    (D) Measure the amount of VOC recovered; and
    (E) Calculate the overall VOC emission reduction (R) for each and 
every nominal 1-month period using Equation 1.
    (iv) For facilities subject to Sec. 60.712 (a) or (b)(3), 
compliance is demonstrated if the value of R is equal to or greater than 
93 percent.
    (v) Subject to the provisions of (b)(1)(vi) of this section, for 
facilities subject to Sec. 60.712(b)(1), compliance is demonstrated if 
the value of R is equal to or greater than the percent reduction 
demonstrated pursuant to Sec. 60.713(a)(1) prior to modification or 
reconstruction or 93 percent whichever is lower.
    (vi) For facilities subject to Sec. 60.712(b)(1)(ii), compliance is 
demonstrated if the value of E (control device efficiency) is greater 
than or equal to 0.95 and if the value of R is equal to or greater than 
the percent reduction demonstrated pursuant to Sec. 60.713(a)(3) or 93 
percent, whichever is lower.
    (2) To demonstrate compliance with Sec. 60.712(a), (b)(1), or 
(b)(3) (standards for coating operations) when the emissions from only 
an affected coating operation are controlled by a dedicated incinerator 
or when a common emission control device (other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each adsorber 
vessel) is used to control emissions from an affected coating operation 
as well as from other sources of VOC, each owner or operator of an 
affected coating operation shall perform a gaseous emission test using 
the following procedures:
    (i) Construct the overall VOC emission reduction system so that all 
volumetric flow rates and total VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 60.715(b) through (g);
    (ii) Determine capture efficiency from the coating operation by 
capturing, venting, and measuring all VOC emissions from the operation. 
During a performance test, the owner or operator of an affected coating 
operation located in an area with other sources of VOC shall isolate the 
coating operation emissions from all other sources of VOC by one of the 
following methods:
    (A) Build a temporary enclosure (see Sec. 60.711(a)(16)) around the 
affected coating operation; or
    (B) Shut down all other sources of VOC and continue to exhaust 
fugitive emissions from the affected coating operation through any 
building ventilation system and other room exhausts such as drying 
ovens. All ventilation air must be vented through stacks suitable for 
testing;
    (iii) Operate the emission control device with all emission sources 
connected and operating;
    (iv) Determine the efficiency (E) of the control device using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.058

    (v) Determine the efficiency (F) of the VOC capture system using the 
following equation:

[[Page 748]]

[GRAPHIC] [TIFF OMITTED] TC01JN92.059

    (vi) For each affected coating operation subject to Sec. 60.712(a) 
or (b)(3), compliance is demonstrated if the product of (E)x(F) is equal 
to or greater than 0.93.
    (vii) For each affected coating operation subject to Sec. 
60.712(b)(1)(i), compliance is demonstrated if the product of (E)x(F) is 
equal to or greater than the fractional reduction demonstrated pursuant 
to Sec. 60.713(a)(1) prior to modification or reconstruction or 0.93, 
whichever is lower.
    (viii) For each affected coating operation subject to Sec. 
60.712(b)(1)(ii), compliance is demonstrated if the value of E is 
greater than or equal to 0.95 and if the product of (E)x(F) is equal to 
or greater than the fractional reduction demonstrated pursuant to Sec. 
60.713(a)(3) or 0.93, whichever is lower.
    (3) To demonstrate compliance with Sec. 60.712(a), (b)(1), or 
(b)(3) (standards for coating operations) when a fixed-bed carbon 
adsorption system with individual exhaust stacks for each adsorber 
vessel is used to control emissions from an affected coating operation 
as well as from other sources of VOC, each owner or operator of an 
affected coating operation shall perform a gaseous emission test using 
the following procedures:
    (i) Construct the overall VOC emission reduction system so that each 
volumetric flow rate and the total VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 60.715(b) through (g);
    (ii) Assure that all VOC emissions from the coating operation are 
segregated from other VOC sources and that the emissions can be captured 
for measurement, as described in Sec. 60.713(b)(2)(ii)(A) and (B);
    (iii) Operate the emission control device with all emission sources 
connected and operating;
    (iv) Determine the efficiency (Hv) of each individual 
adsorber vessel (v) using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.060

    (v) Determine the efficiency of the carbon adsorption system 
(Hsys) by computing the average efficiency of the adsorber 
vessels as weighted by the volumetric flow rate (Qhv) of each 
individual adsorber vessel (v) using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.061

    (vi) Determine the efficiency (F) of the VOC capture system using 
Equation (3).
    (vii) For the affected coating operation subject to Sec. 60.712(a) 
or (b)(3), compliance is demonstrated if the product of 
(Hsys)x(F) is equal to or greater than 0.93.
    (viii) For the affected coating operation subject to Sec. 
60.712(b)(1)(i), compliance is demonstrated if the product of 
(Hsys)x(F) is equal to or greater than the fractional 
reduction demonstrated pursuant to Sec. 60.713(a)(1) prior to 
modification or reconstruction or 0.93, whichever is lower.
    (ix) For each affected coating operation subject to Sec. 
60.712(b)(1)(ii), compliance is demonstrated if the value of 
Hsys is greater than or equal to 0.95 and if the product of 
(Hsys)x(F) is equal to or greater than the fractional 
reduction demonstrated pursuant to Sec. 60.713(a)(3) or 0.93, whichever 
is lower.
    (4) To demonstrate compliance with Sec. 60.712(a), (b)(1), or 
(b)(3) (standards for coating operations) when the VOC emissions from 
more than one affected coating operation are collected by a common 
capture system and are vented through a common duct to a control

[[Page 749]]

device that is also controlling emissions from nonaffected sources and 
the emissions from the nonaffected sources are vented separately from 
the affected coating operations, the owner or operator may:
    (i) Consider the combined affected coating operations as a single 
emission source; and
    (ii) Conduct a compliance test on this single source by the methods 
described in Sec. 60.713(b)(2) or (3), as applicable.
    (5) An alternative method of demonstrating compliance with Sec. 
60.712(a) or (b)(3) (standards for coating operations) and the sole 
method of demonstrating compliance with Sec. 60.712(b)(2) (standards 
for modified or reconstructed coating operations) is the installation of 
a total enclosure around the coating operation and the ventilation of 
all VOC emissions from the total enclosure to a control device with the 
efficiency specified in paragraph (b)(5)(iii)(A) or (B) of this section, 
as applicable. If this method is selected, the compliance test methods 
described in paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this 
section are not required. Instead, each owner or operator of an affected 
coating operation shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (b)(5)(i)(A) through (D) of 
this section shall be assumed to be a total enclosure. The owner or 
operator of an enclosed coating operation that does not meet the 
requirements may apply to the Administrator for approval of the 
enclosure as a total enclosure on a case-by-case basis. The enclosure 
shall be considered a total enclosure if it is demonstrated to the 
satisfaction of the Administrator that all VOC emissions from the 
affected coating operation are contained and vented to the control 
device. The requirements for automatic approval are as follows:
    (A) Total area of all natural draft openings shall not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) Average inward face velocity across all natural draft openings 
(FV) shall be a minimum of 3,600 meters per hour as determined by the 
following procedures:
    (1) Construct all forced makeup air ducts and all exhaust ducts so 
that the volumetric flow rate in each can be accurately determined by 
the test methods and procedures specified in Sec. 60.715(c) and (d). 
Volumetric flow rates shall be calculated without the adjustment 
normally made for moisture content; and
    (2) Determine FV by the following equation:
    [GRAPHIC] [TIFF OMITTED] TC01JN92.062
    
    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using Equation (2) or 
Equations (4) and (5), as applicable, and the test methods and 
procedures specified in Sec. 60.715(b) through (g).
    (iii) Compliance is demonstrated if the installation of a total 
enclosure is demonstrated and the value of E determined from Equation 
(2) (or the value of Hsys determined from Equations (4) and 
(5), as applicable) is equal to or greater than the required efficiency 
as specified below:
    (A) For coating operations subject to the standards of Sec. 
60.712(a), (b)(2)(ii), and (b)(3), 0.95 (95 percent); or

[[Page 750]]

    (B) For coating operations subject to the standards of Sec. 
60.712(b)(2)(i), the value of E determined from Equation (2) (or the 
value of Hsys determined from Equations (4) and (5), as 
applicable) pursuant to Sec. 60.713(a)(2) prior to modification or 
reconstruction or 0.95 (95 percent), whichever is lower.
    (6) To demonstrate compliance with Sec. 60.712(c) (standard for new 
mix equipment with concurrent construction of a control device), each 
owner or operator of affected coating mix preparation equipment shall 
demonstrate upon inspection that:
    (i) Covers satisfying the requirements of Sec. 60.712(c)(1)-(5) 
have been installed and are being used properly;
    (ii) Procedures detailing the proper use of covers, as specified in 
Sec. 60.712(c)(1), have been posted in all areas where affected coating 
mix preparation equipment is used;
    (iii) The coating mix preparation equipment is vented to a control 
device; and
    (iv) The control device efficiency (E or Hsys, as 
applicable) determined using Equation (2) or Equations (4) and (5), 
respectively, and the test methods and procedures specified in Sec. 
60.715(b)-(g) is equal to or greater than 0.95.
    (7) To demonstrate compliance with Sec. 60.712(d)(1) (standard for 
mix equipment), each owner or operator of affected coating mix 
preparation equipment shall demonstrate upon inspection that:
    (i) Covers satisfying the requirements of Sec. 60.712(c)(1)-(5) 
have been installed and are being used properly;
    (ii) Procedures detailing the proper use of covers, as specified in 
Sec. 60.712(c)(1), have been posted in all areas where affected coating 
mix preparation equipment is used; and
    (iii) The coating mix preparation equipment is vented to a control 
device.
    (8) To demonstrate compliance with Sec. 60.712(d)(2) (standard for 
mix equipment), each owner or operator of affected coating mix 
preparation equipment shall demonstrate upon inspection that both:
    (i) Covers satisfying the requirements of Sec. 60.712(c)(1)-(5) 
have been installed and are being used properly; and
    (ii) Procedures detailing the proper use of covers, as specified in 
Sec. 60.712(c)(1), have been posted in all areas where affected coating 
mix preparation equipment is used.
    (9) To determine compliance with Sec. 60.712(e) (high-solids 
coatings alternative standard), each owner or operator of an affected 
facility shall determine the weighted average mass of VOC contained in 
the coating per volume of coating solids applied for each and every 
nominal 1-month period according to the following procedures:
    (i) Determine the weight fraction of VOC in each coating applied 
using Method 24 as specified in Sec. 60.715(a);
    (ii) Determine the volume of coating solids in each coating applied 
from the facility records; and
    (iii) Compute the weighted average by the following equation:
    [GRAPHIC] [TIFF OMITTED] TC01JN92.063
    
    (iv) For each affected facility where the value of G is less than or 
equal to 0.20 kilogram of VOC per liter of coating solids applied, the 
facility is in compliance.
    (c) Startups and shutdowns are normal operation for this source 
category. Emissions from these operations are to be included when 
determining if the standards for coating operations specified in Sec. 
60.712(a) and (b) are being attained.
    (d) If a control device other than a carbon adsorber, condenser, or 
incinerator is used to control emissions from an affected facility, the 
necessary operating specifications for that device must be obtained from 
the Administrator. An example of such a device is a flare.

[53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, 1988, as amended at 53 
FR 47955, Nov. 29, 1988]

[[Page 751]]



Sec. 60.714  Installation of monitoring devices and recordkeeping.

    All monitoring devices required under the provisions of this section 
shall be installed and calibrated, according to the manufacturer's 
specifications, prior to the initial performance tests in locations such 
that representative values of the monitored parameters will be obtained. 
The parameters to be monitored shall be continuously measured and 
recorded during all performance tests.
    (a) Each owner or operator of an affected coating operation that 
utilizes less solvent annually than the applicable cutoff provided in 
Sec. 60.710(b) and that is not subject to Sec. 60.712 (standards for 
coating operations) shall maintain records of actual solvent use.
    (b) Each owner or operator of an affected coating operation 
demonstrating compliance by the test method described in Sec. 
60.713(b)(1) (liquid material balance) shall maintain records of all the 
following for each and every nominal 1-month period:
    (1) Amount of coating applied at the applicator;
    (2) Results of the reference test method specified in Sec. 
60.715(a) for determining the VOC content of all coatings applied;
    (3) Amount VOC recovered; and
    (4) Calculation of the percent VOC recovered.
    (c) Each owner or operator of an affected coating operation or 
affected coating mix preparation equipment controlled by a carbon 
adsorption system and demonstrating compliance by the procedures 
described in Sec. 60.713(b)(2), (3), (4), (5), or (6) (which include 
control device efficiency determinations) shall carry out the monitoring 
and recordkeeping provisions of paragraph (c)(1) or (2) of this section, 
as appropriate.
    (1) For carbon adsorption systems with a common exhaust stack for 
all the individual adsorber vessels, install, calibrate, maintain, and 
operate, according to the manufacturer's specifications, a monitoring 
device that continuously indicates and records the concentration level 
of organic compounds in either the control device outlet gas stream or 
in both the control device inlet and outlet gas streams. The outlet gas 
stream would be monitored if the percent increase in the concentration 
level of organic compounds is used as the basis for reporting, as 
described in Sec. 60.717(d)(3). The inlet and outlet gas streams would 
be monitored if the percent control device efficiency is used as the 
basis for reporting, as described in Sec. 60.717(d)(4).
    (2) For carbon adsorption systems with individual exhaust stacks for 
each adsorber vessel, install, calibrate, maintain, and operate, 
according to the manufacturer's specifications, a monitoring device that 
continuously indicates and records the concentration level of organic 
compounds in the outlet gas stream for a minimum of one complete 
adsorption cycle per day for each adsorber vessel. The owner or operator 
may also monitor and record the concentration level of organic compounds 
in the common carbon adsorption system inlet gas stream or in each 
individual carbon adsorber vessel inlet stream. The outlet gas streams 
alone would be monitored if the percent increase in the concentration 
level of organic compounds is used as the basis for reporting, as 
described in Sec. 60.717(d)(3). In this case, the owner or operator 
shall compute daily a 3-day rolling average concentration level of 
organics in the outlet gas stream from each individual adsorber vessel. 
The inlet and outlet gas streams would be monitored if the percent 
control device efficiency is used as the basis for reporting, as 
described in Sec. 60.717(d)(4). In this case, the owner or operator 
shall compute daily a 3-day rolling average efficiency for each 
individual adsorber vessel.
    (d) Each owner or operator of an affected coating operation 
controlled by a condensation system and demonstrating compliance by the 
procedures described in Sec. 60.713(b)(2), (4), or (5) (which include 
control device efficiency determinations) shall install, calibrate, 
maintain, and operate, according to the manufacturer's specifications, a 
monitoring device that continuously indicates and records the 
temperature of the condenser exhaust stream.
    (e) Each owner or operator of an affected coating operation or 
affected coating mix preparation equipment

[[Page 752]]

controlled by a thermal incinerator and demonstrating compliance by the 
procedures described in Sec. 60.713(b)(2), (4), (5), or (6) (which 
include control device efficiency determinations) shall install, 
calibrate, maintain, and operate, according to the manufacturer's 
specifications, a monitoring device that continuously indicates and 
records the combustion temperature of the incinerator. The monitoring 
device shall have an accuracy within 1 percent of 
the temperature being measured in Celsius degrees.
    (f) Each owner or operator of an affected coating operation or 
affected coating mix preparation equipment controlled by a catalytic 
incinerator and demonstrating compliance by the procedures described in 
Sec. 60.713(b)(2), (4), (5), or (6) (which include control device 
efficiency determinations) shall install, calibrate, maintain, and 
operate, according to the manufacturer's specifications, a monitoring 
device that continuously indicates and records the gas temperature both 
upstream and downstream of the catalyst bed. The monitoring device shall 
have an accuracy within 1 percent of the 
temperature being measured in Celsius degrees.
    (g) Each owner or operator of an affected coating operation 
demonstrating compliance pursuant to Sec. 60.713(b)(2), (3), or (4) 
(which include VOC capture system efficiency determinations) shall 
submit a monitoring plan for the VOC capture system to the Administrator 
for approval along with the notification of anticipated startup required 
under Sec. 60.7(a)(2) of the General Provisions. This plan shall 
identify the parameter to be monitored as an indicator of VOC capture 
system performance (e.g., the amperage to the exhaust fans or duct flow 
rates) and the method for monitoring the chosen parameter. The owner or 
operator shall install, calibrate, maintain, and operate, according to 
the manufacturer's specifications, a monitoring device that continuously 
indicates and records the value of the chosen parameter.
    (h) Each owner or operator of an affected coating operation who uses 
the equipment alternative described in Sec. 60.713(b)(5) to demonstrate 
compliance shall follow the procedures described in paragraph (g) of 
this section to establish a monitoring plan for the total enclosure.
    (i) Each owner or operator of an affected coating operation shall 
record time periods of coating operations when an emission control 
device is not in use.
    (j) Each owner or operator of an affected coating operation or 
affected coating mix preparation equipment complying with Sec. 
60.712(e) shall maintain records of the monthly weighted average mass of 
VOC contained in the coating per volume of coating solids applied for 
each coating, as described in Sec. 60.713(b)(9)(i) through (iv).
    (k) Records of the measurements and calculations required in 
Sec. Sec. 60.713 and 60.714 must be retained for at least 2 years 
following the date of the measurements and calculations.

(Sec. 114 of the Clean Air Act as amended (42 U.S.C. 7414))

[53 FR 38914, Oct. 3, 1988, as amended at 64 FR 7467, Feb. 12, 1999]



Sec. 60.715  Test methods and procedures.

    Methods in appendix A of this part, except as provided under Sec. 
60.8(b), shall be used to determine compliance as follows:
    (a) Method 24 is used to determine the VOC content in coatings. If 
it is demonstrated to the satisfaction of the Administrator that plant 
coating formulation data are equivalent to Method 24 results, 
formulation data may be used. In the event of any inconsistency between 
a Method 24 test and a facility's formulation data, the Method 24 test 
will govern. For Method 24, the coating sample must be a 1-liter sample 
taken into a 1-liter container at a location and time such that the 
sample will be representative of the coating applied to the base film 
(i.e., the sample shall include any dilution solvent or other VOC added 
during the manufacturing process). The container must be tightly sealed 
immediately after the sample is taken. Any solvent or other VOC added 
after the sample is taken must be measured and accounted for in the 
calculations that use Method 24 results.
    (b) Method 18, 25, or 25A, as appropriate to the conditions at the 
site, is

[[Page 753]]

used to determine VOC concentration. The owner or operator shall submit 
notice of the intended test method to the Administrator for approval 
along with the notification of the performance test required under Sec. 
60.8(d) of the General Provisions. Method selection shall be based on 
consideration of the diversity of organic species present and their 
total concentration and on consideration of the potential presence of 
interfering gases. Except as indicated in paragraphs (b)(1) and (2) of 
this section, the test shall consist of three separate runs, each 
lasting a minimum of 30 minutes.
    (1) When the method is to be used in the determination of the 
efficiency of a fixed-bed carbon adsorption system with a common exhaust 
stack for all the individual adsorber vessels pursuant to Sec. 
60.713(b)(2), (4), (5), or (6), the test shall consist of three separate 
runs, each coinciding with one or more complete sequences through the 
adsorption cycles of all the individual adsorber vessels.
    (2) When the method is to be used in the determination of the 
efficiency of a fixed-bed carbon adsorption system with individual 
exhaust stacks for each adsorber vessel pursuant to Sec. 60.713(b)(3), 
(4), (5), or (6), each adsorber vessel shall be tested individually. The 
test for each adsorber vessel shall consist of three separate runs. Each 
run shall coincide with one or more complete adsorption cycles.
    (c) Method 1 or 1A is used for sample and velocity traverses.
    (d) Method 2, 2A, 2C, or 2D is used for velocity and volumetric flow 
rates.
    (e) Method 3 is used for gas analysis.
    (f) Method 4 is used for stack gas moisture.
    (g) Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.

[53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, 1988]



Sec. 60.716  Permission to use alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions of VOC from 
any emission point subject to Sec. 60.712(c) or (d) (standards for mix 
equipment) at least equivalent to that required by Sec. 60.712 (c) or 
(d), respectively, the Administrator will publish in the Federal 
Register a notice permitting the use of the alternative means. The 
notice may condition permission on requirements related to the operation 
and maintenance of the alternative means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a public 
hearing.
    (c) Any person seeking permission under this section shall submit 
either results from an emission test that documents the collection and 
measurement of all VOC emissions from a given control device or an 
engineering evaluation that documents the determination of such 
emissions.



Sec. 60.717  Reporting and monitoring requirements.

    (a) For all affected coating operations subject to Sec. 60.712(a), 
(b)(1), (b)(2), or (b)(3) and all affected coating mix preparation 
equipment subject to Sec. 60.712(c), the performance test data and 
results shall be submitted to the Administrator as specified in Sec. 
60.8(a) of the General Provisions (40 CFR part 60, subpart A). In 
addition, the average values of the monitored parameters measured at 
least every 15 minutes and averaged over the period of the performance 
test shall be submitted with the results of all performance tests.
    (b) Each owner or operator of an affected coating operation claiming 
to utilize less than the applicable volume of solvent specified in Sec. 
60.710(b) in the first calendar year of operation shall submit to the 
Administrator, with the notification of projected startup, a material 
flow chart indicating projected solvent use. The owner or operator shall 
also submit actual solvent use records at the end of the initial 
calendar year.
    (c) Each owner or operator of an affected coating operation 
initially utilizing less than the applicable volume of solvent specified 
in Sec. 60.710(b) per calendar year shall report the first calendar 
year in which actual annual solvent use exceeds the applicable volume.
    (d) Each owner or operator of an affected coating operation, or 
affected

[[Page 754]]

coating mix preparation equipment subject to Sec. 60.712(c), shall 
submit semiannual reports to the Administrator documenting the 
following:
    (1) The 1-month amount of VOC contained in the coating, the VOC 
recovered, and the percent emission reduction for months of 
noncompliance for any affected coating operation demonstrating 
compliance by the performance test method described in Sec. 
60.713(b)(1) (liquid material balance);
    (2) The VOC contained in the coatings for the manufacture of 
magnetic tape for any 1-month period during which the weighted average 
solvent content (G) of the coatings exceeded 0.20 kilogram per liter of 
coating solids for those affected facilities complying with Sec. 
60.712(e) (high-solids coatings alternative standard);
    (3) For those affected facilities monitoring only the carbon 
adsorption system outlet concentration levels of organic compounds, the 
periods (during actual coating operations) specified in paragraph 
(d)(3)(i) or (ii) of this section, as applicable.
    (i) For carbon adsorption systems with a common exhaust stack for 
all the individual adsorber vessels, all periods of three consecutive 
adsorption cycles of all the individual adsorber vessels during which 
the average value of the concentration level of organic compounds in the 
common outlet gas stream is more than 20 percent greater than the 
average value measured during the most recent performance test that 
demonstrated compliance.
    (ii) For carbon adsorption systems with individual exhaust stacks 
for each adsorber vessel, all 3-day rolling averages for each adsorber 
vessel when the concentration level of organic compounds in the 
individual outlet gas stream is more than 20 percent greater than the 
average value for that adsorber vessel measured during the most recent 
performance test that demonstrated compliance.
    (4) For those affected facilities monitoring both the carbon 
adsorption system inlet and outlet concentration levels of organic 
compounds, the periods (during actual coating operations), specified in 
(d)(4)(i) or (ii) of this section, as applicable.
    (i) For carbon adsorption systems with a common exhaust stack for 
all the individual adsorber vessels, all periods of three consecutive 
adsorption cycles of all the individual adsorber vessels during which 
the average carbon adsorption system efficiency falls below the 
applicable level as follows:
    (A) For those affected facilities demonstrating compliance by the 
performance test method described in Sec. 60.713(b)(2) or (4), the 
value of E determined using Equation (2) during the most recent 
performance test that demonstrated compliance.
    (B) For those affected facilities demonstrating compliance pursuant 
to Sec. 60.713(b)(5)(iii)(A) or Sec. 60.713(b)(6), 0.95 (95 percent).
    (C) For those affected facilities demonstrating compliance pursuant 
to Sec. 60.713(b)(5)(iii)(B), the required value of E determined using 
Equation (2) pursuant to Sec. 60.713(a)(2) prior to modification or 
reconstruction or 0.95 (95 percent), whichever is lower.
    (ii) For carbon adsorption systems with individual exhaust stacks 
for each adsorber vessel, all 3-day rolling averages for each adsorber 
vessel when the efficiency falls below the applicable level as follows:
    (A) For those affected facilities demonstrating compliance by the 
performance test method described in Sec. 60.713(b)(3) or (4), the 
value of Hv determined using Equation (4) during the most 
recent performance test that demonstrated compliance.
    (B) For those affected facilities demonstrating compliance pursuant 
to Sec. 60.713(b)(5)(iii)(A) or Sec. 60.713(b)(6), 0.95 (95 percent).
    (C) For those affected facilities demonstrating compliance pursuant 
to Sec. 60.713(b)(5)(iii)(B), the value of Hv determined 
using Equation 4 pursuant to Sec. 60.713(a)(2) prior to modification or 
reconstruction.
    (5) All 3-hour periods (during actual coating operations) during 
which the average exhaust temperature is 5 or more Celsius degrees above 
the average temperature measured during the most recent performance test 
that demonstrated compliance for those affected facilities monitoring 
condenser exhaust gas temperature;

[[Page 755]]

    (6) All 3-hour periods (during actual coating operations) during 
which the average combustion temperature is more than 28 Celsius degrees 
below the average combustion temperature during the most recent 
performance test that demonstrated compliance for those affected 
facilities monitoring thermal incinerator combustion gas temperature;
    (7) All 3-hour periods (during actual coating operations) during 
which the average gas temperature immediately before the catalyst bed is 
more than 28 Celsius degrees below the average gas temperature during 
the most recent performance test that demonstrated compliance and all 3-
hour periods (during actual coating operations) during which the average 
gas temperature difference across the catalyst bed is less than 80 
percent of the average gas temperature difference during the most recent 
performance test that demonstrated compliance for those affected 
facilities monitoring catalytic incinerator catalyst bed temperature; 
and
    (8) All 3-hour periods (during actual coating operations) during 
which the average total enclosure or VOC capture system monitoring 
device readings vary by 5 percent or more from the average value 
measured during the most recent performance test that demonstrated 
compliance for those affected facilities monitoring a total enclosure 
pursuant to Sec. 60.714(h) or VOC capture system pursuant to Sec. 
60.714(g).
    (e) Each owner or operator of an affected coating operation, or 
affected coating mix preparation equipment subject to Sec. 60.712(c), 
not required to submit reports under Sec. 60.717(d) because no 
reportable periods have occurred shall submit semiannual reports so 
affirming.
    (f) Each owner or operator of affected coating mix preparation 
equipment that is constructed at a time when no affected coating 
operation is being constructed shall:
    (1) Be exempt from the reporting requirements specified in Sec. 
60.7(a)(1), (2), and (4); and
    (2) Submit the notification of actual startup specified in Sec. 
60.7(a)(3).
    (g) The owner or operator of affected coating mix preparation 
equipment that is constructed at the same time as an affected coating 
operation shall include the affected coating mix preparation equipment 
in all the reporting requirements for the affected coating operation 
specified in Sec. 60.7(a)(1) through (4).
    (h) The reports required under paragraphs (b) through (e) of this 
section shall be postmarked within 30 days of the end of the reporting 
period.
    (i) The requirements of this subsection remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such States. In this event, 
affected sources within the State will be relieved of the obligation to 
comply with this subsection, provided that they comply with the 
requirements established by the State.

(Sec. 114 of the Clean Air Act as amended (42 U.S.C. 7414))

[53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, 1988, as amended at 53 
FR 47955, Nov. 29, 1988; 64 FR 7467, Feb. 12, 1999]



Sec. 60.718  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States:

Sec. 60.711(a)(16)
Sec. 60.713(b)(1)(i)
Sec. 60.713(b)(1)(ii)
Sec. 60.713(b)(5)(i)
Sec. 60.713(d)
Sec. 60.715(a)
Sec. 60.716

[53 FR 38914, Oct. 3, 1988; 53 FR 47955, Nov. 29, 1988]



  Subpart TTT_Standards of Performance for Industrial Surface Coating: 
         Surface Coating of Plastic Parts for Business Machines

    Source: 53 FR 2676, Jan. 29, 1988, unless otherwise noted.

[[Page 756]]



Sec. 60.720  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each spray booth in 
which plastic parts for use in the manufacture of business machines 
receive prime coats, color coats, texture coats, or touch-up coats.
    (b) This subpart applies to any affected facility for which 
construction, modification, or reconstruction begins after January 8, 
1986.



Sec. 60.721  Definitions.

    (a) As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Act or in subpart A of this part.
    Business machine means a device that uses electronic or mechanical 
methods to process information, perform calculations, print or copy 
information, or convert sound into electrical impulses for transmission, 
such as:
    (1) Products classified as typewriters under SIC Code 3572;
    (2) Products classified as electronic computing devices under SIC 
Code 3573;
    (3) Products classified as calculating and accounting machines under 
SIC Code 3574;
    (4) Products classified as telephone and telegraph equipment under 
SIC Code 3661;
    (5) Products classified as office machines, not elsewhere 
classified, under SIC Code 3579; and
    (6) Photocopy machines, a subcategory of products classified as 
photographic equipment under SIC code 3861.
    Coating operation means the use of a spray booth for the application 
of a single type of coating (e.g., prime coat); the use of the same 
spray booth for the application of another type of coating (e.g., 
texture coat) constitutes a separate coating operation for which 
compliance determinations are performed separately.
    Coating solids applied means the coating solids that adhere to the 
surface of the plastic business machine part being coated.
    Color coat means the coat applied to a part that affects the color 
and gloss of the part, not including the prime coat or texture coat. 
This definition includes fog coating, but does not include conductive 
sensitizers or electromagnetic interference/radio frequency interference 
shielding coatings.
    Conductive sensitizer means a coating applied to a plastic substrate 
to render it conductive for purposes of electrostatic application of 
subsequent prime, color, texture, or touch-up coats.
    Electromagnetic interference/radio frequency interference (EMI/RFI) 
shielding coating means a conductive coating that is applied to a 
plastic substrate to attenuate EMI/RFI signals.
    Fog coating (also known as mist coating and uniforming) means a thin 
coating applied to plastic parts that have molded-in color or texture or 
both to improve color uniformity.
    Nominal 1-month period means either a calendar month, 30-day month, 
accounting month, or similar monthly time period that is established 
prior to the performance test (i.e., in a statement submitted with 
notification of anticipated actual startup pursuant to 40 CFR 60.7(2)).
    Plastic parts means panels, housings, bases, covers, and other 
business machine components formed of synthetic polymers.
    Prime coat means the initial coat applied to a part when more than 
one coating is applied, not including conductive sensitizers or 
electromagnetic interference/radio frequency interference shielding 
coatings.
    Spray booth means the structure housing automatic or manual spray 
application equipment where a coating is applied to plastic parts for 
business machines.
    Texture coat means the rough coat that is characterized by discrete, 
raised spots on the exterior surface of the part. This definition does 
not include conductive sensitizers or EMI/RFI shielding coatings.
    Touch-up coat means the coat applied to correct any imperfections in 
the finish after color or texture coats have been applied. This 
definition does not include conductive sensitizers or EMI/RFI shielding 
coatings.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of a plastic business machine part to the 
total amount of coating solids used.

[[Page 757]]

    VOC emissions means the mass of VOC's emitted from the surface 
coating of plastic parts for business machines expressed as kilograms of 
VOC's per liter of coating solids applied (i.e., deposited on the 
surface).
    (b) All symbols used in this subpart not defined below are given 
meaning in the Act or subpart A of this part.

Dc=density of each coating as received (kilograms per liter)
Dd=density of each diluent VOC (kilograms per liter)
Lc=the volume of each coating consumed, as received (liters)
Ld=the volume of each diluent VOC added to coatings (liters)
Ls=the volume of coating solids consumed (liters)
Md=the mass of diluent VOC's consumed (kilograms)
Mo=the mass of VOC's in coatings consumed, as received 
(kilograms)
N=the volume-weighted average mass of VOC emissions to the atmosphere 
per unit volume of coating solids applied (kilograms per liter)
T=the transfer efficiency for each type of application equipment used at 
a coating operation (fraction)
Tavg=the volume-weighted average transfer efficiency for a 
coating operation (fraction)
Vs=the proportion of solids in each coating, as received 
(fraction by volume)
Wo=the proportion of VOC's in each coating, as received 
(fraction by weight)

[53 FR 2676, Jan. 29, 1988, as amended at 54 FR 25459, June 15, 1989]



Sec. 60.722  Standards for volatile organic compounds.

    (a) Each owner or operator of any affected facility which is subject 
to the requirements of this subpart shall comply with the emission 
limitations set forth in this section on and after the date on which the 
initial performance test, required by Sec. Sec. 60.8 and 60.723 is 
completed, but not later than 60 days after achieving the maximum 
production rate at which the affected facility will be operated, or 180 
days after the initial startup, whichever date comes first. No affected 
facility shall cause the discharge into the atmosphere in excess of:
    (1) 1.5 kilograms of VOC's per liter of coating solids applied from 
prime coating of plastic parts for business machines.
    (2) 1.5 kilograms of VOC's per liter of coating solids applied from 
color coating of plastic parts for business machines.
    (3) 2.3 kilograms of VOC's per liter of coating solids applied from 
texture coating of plastic parts for business machines.
    (4) 2.3 kilograms of VOC's per liter of coatings solids applied from 
touch-up coating of plastic parts for business machines.
    (b) All VOC emissions that are caused by coatings applied in each 
affected facility, regardless of the actual point of discharge of 
emissions into the atmosphere, shall be included in determining 
compliance with the emission limits in paragraph (a) of this section.



Sec. 60.723  Performance tests and compliance provisions.

    (a) Section 60.8 (d) and (f) do not apply to the performance test 
procedures required by this section.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec. 60.8(a) and thereafter 
a performance test each nominal 1-month period for each affected 
facility according to the procedures in this section.
    (1) The owner or operator shall determine the composition of 
coatings by analysis of each coating, as received, using Method 24, from 
data that have been determined by the coating manufacturer using Method 
24, or by other methods approved by the Administrator.
    (2) The owner or operator shall determine the volume of coating and 
the mass of VOC used for dilution of coatings from company records 
during each nominal 1-month period. If a common coating distribution 
system serves more than one affected facility or serves both affected 
and nonaffected spray booths, the owner or operator shall estimate the 
volume of coatings used at each facility by using procedures approved by 
the Administrator.
    (i) The owner or operator shall calculate the volume-weighted 
average mass of VOC's in coatings emitted per unit volume of coating 
solids applied (N) at each coating operation [i.e., for each type of 
coating (prime, color, texture, and touch-up) used] during each

[[Page 758]]

nominal 1-month period for each affected facility. Each 1-month 
calculation is considered a performance test. Except as provided in 
paragraph (b)(2)(iii) of this section, N will be determined by the 
following procedures:
    (A) Calculate the mass of VOC's used (Mo+Md) 
for each coating operation during each nominal 1-month period for each 
affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.064

where n is the number of coatings of each type used during each nominal 
1-month period and m is the number of different diluent VOC's used 
during each nominal 1-month period. ([Sigma] Ldj 
Ddj will be 0 if no VOC's are added to the coatings, as 
received.)

    (B) Calculate the total volume of coating solids consumed 
(Ls) in each nominal 1-month period for each coating 
operation for each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.065

where n is the number of coatings of each type used during each nominal 
1-month period.

    (C) Select the appropriate transfer efficiency (T) from table 1 for 
each type of coating applications equipment used at each coating 
operation. If the owner or operator can demonstrate to the satisfaction 
of the Administrator that transfer efficiencies other than those shown 
are appropriate, the Administrator will approve their use on a case-by-
case basis. Transfer efficiency values for application methods not 
listed below shall be approved by the Administrator on a case-by-case 
basis. An owner or operator must submit sufficient data for the 
Administrator to judge the validity of the transfer efficiency claims.
    (D) Where more than one application method is used within a single 
coating operation, the owner or operator shall determine the volume of 
each coating applied by each method through a means acceptable to the 
Administrator and compute the volume-weighted average transfer 
efficiency by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.066


[[Page 759]]



                     Table 1--Transfer Efficiencies
------------------------------------------------------------------------
                                   Transfer
       Application methods        efficiency        Type of coating
------------------------------------------------------------------------
Air atomized spray..............        0.25  Prime, color, texture,
                                               touch-up, and fog coats.
Air-assistd airless spray.......         .40  Prime and color coats.
Electrostatic air spray.........         .40   Do.
------------------------------------------------------------------------

where n is the number of coatings of each type used and p is the number 
of application methods used.

    (E) Calculate the volume-weighted average mass of VOC's emitted per 
unit volume of coating solids applied (N) during each nominal 1-month 
period for each coating operation for each affected facility by the 
folowing equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.106

(Tavg=T when only one type of coating operation occurs).

    (ii) Where the volume-weighted average mass of VOC's emitted to the 
atmosphere per unit volume of coating solids applied (N) is less than or 
equal to 1.5 kilograms per liter for prime coats, is less than or equal 
to 1.5 kilograms per liter for color coats, is less than or equal to 2.3 
kilograms per liter for texture coats, and is less than or equal to 2.3 
kilograms per liter for touch-up coats, the affected facility is in 
compliance.
    (iii) If each individual coating used by an affected facility has a 
VOC content (kg VOC/l of solids), as received, which when divided by the 
lowest transfer efficiency at which the coating is applied for each 
coating operation results in a value equal to or less than 1.5 kilograms 
per liter for prime and color coats and equal to or less than 2.3 
kilograms per liter for texture and touch-up coats, the affected 
facility is in compliance provided that no VOC's are added to the 
coatings during distribution or application.
    (iv) If an affected facility uses add-on controls to control VOC 
emissions and if the owner or operator can demonstrate to the 
Administrator that the volume-weighted average mass of VOC's emitted to 
the atmosphere during each nominal 1-month period per unit volume of 
coating solids applied (N) is within each of the applicable limits 
expressed in paragraph (b)(2)(ii) of this section because of this 
equipment, the affected facility is in compliance. In such cases, 
compliance will be determined by the Administrator or a case-by-case 
basis.

[53 FR 2676, Jan. 29, 1988, as amended at 65 FR 61778, Oct. 17, 2000]



Sec. 60.724  Reporting and recordkeeping requirements.

    (a) The reporting requirements of Sec. 60.8(a) apply only to the 
initial performance test. Each owner or operator subject to the 
provisions of this subpart shall include the following data in the 
report of the initial performance test required under Sec. 60.8(a):

    (1) Except as provided for in paragraph (a)(2) of this section, the 
volume-weighted average mass of VOC's emitted to the atmosphere per 
volume of applied coating solids (N) for the initial nominal 1-month 
period for each coating operation from each affected facility.
    (2) For each affected facility where compliance is determined under 
the provisions of Sec. 60.723(b)(2)(iii), a list of the coatings used 
during the initial nominal 1-month period, the VOC content of each 
coating calculated from data determined using Method 24, and the lowest 
transfer efficiency at which each coating is applied during the initial 
nominal 1-month period.
    (b) Following the initial report, each owner or operator shall:
    (1) Report the volume-weighted average mass of VOC's per unit volume 
of coating solids applied for each coating operation for each affected 
facility during each nominal 1-month period in which the facility is not 
in compliance with the applicable emission limits specified in Sec. 
60.722. Reports of noncompliance shall be submitted on a quarterly 
basis, occurring every 3 months following the initial report; and
    (2) Submit statements that each affected facility has been in 
compliance with the applicable emission limits specified in Sec. 60.722 
during each nominal

[[Page 760]]

1-month period. Statements of compliance shall be submitted on a 
semiannual basis.
    (c) These reports shall be postmarked not later than 10 days after 
the end of the periods specified in Sec. 60.724(b)(1) and Sec. 
60.724(b)(2).
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine monthly VOC emissions 
from each coating operation for each affected facility as specified in 
40 CFR 60.7(d).
    (e) Reporting and recordkeeping requirements for facilities using 
add-on controls will be determined by the Administrator on a case-by-
case basis.

[53 FR 2676, Jan. 29, 1988, as amended at 65 FR 61778, Oct. 17, 2000]



Sec. 60.725  Test methods and procedures.

    (a) The reference methods in appendix A to this part except as 
provided under Sec. 60.8(b) shall be used to determine compliance with 
Sec. 60.722 as follows:

    (1) Method 24 for determination of VOC content of each coating as 
received.
    (2) For Method 24, the sample must be at least a 1-liter sample in a 
1-liter container.
    (b) Other methods may be used to determine the VOC content of each 
coating if approved by the Administrator before testing.



Sec. 60.726  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to the States:

Section 60.723(b)(1)
Section 60.723(b)(2)(i)(C)
Section 60.723(b)(2)(iv)
Section 60.724(e)
Section 60.725(b)

[53 FR 2676, Jan. 29, 1988, as amended at 53 FR 19300, May 27, 1988]



Subpart UUU_Standards of Performance for Calciners and Dryers in Mineral 
                               Industries

    Source: 57 FR 44503, Sept. 28, 1992, unless otherwise noted.



Sec. 60.730  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each calciner and dryer at a mineral processing plant. Feed and 
product conveyors are not considered part of the affected facility. For 
the brick and related clay products industry, only the calcining and 
drying of raw materials prior to firing of the brick are covered.
    (b) An affected facility that is subject to the provisions of 
subpart LL, Metallic Mineral Processing Plants, is not subject to the 
provisions of this subpart. Also, the following processes and process 
units used at mineral processing plants are not subject to the 
provisions of this subpart: vertical shaft kilns in the magnesium 
compounds industry; the chlorination-oxidation process in the titanium 
dioxide industry; coating kilns, mixers, and aerators in the roofing 
granules industry; and tunnel kilns, tunnel dryers, apron dryers, and 
grinding equipment that also dries the process material used in any of 
the 17 mineral industries (as defined in Sec. 60.731, ``Mineral 
processing plant'').
    (c) The owner or operator of any facility under paragraph (a) of 
this section that commences construction, modification, or 
reconstruction after April 23, 1986, is subject to the requirements of 
this subpart.



Sec. 60.731  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Calciner means the equipment used to remove combined (chemically 
bound) water and/or gases from mineral material through direct or 
indirect heating. This definition includes expansion furnaces and 
multiple hearth furnaces.
    Control device means the air pollution control equipment used to 
reduce particulate matter emissions released to

[[Page 761]]

the atmosphere from one or more affected facilities.
    Dryer means the equipment used to remove uncombined (free) water 
from mineral material through direct or indirect heating.
    Installed in series means a calciner and dryer installed such that 
the exhaust gases from one flow through the other and then the combined 
exhaust gases are discharged to the atmosphere.
    Mineral processing plant means any facility that processes or 
produces any of the following minerals, their concentrates or any 
mixture of which the majority (50 percent) is any of the 
following minerals or a combination of these minerals: alumina, ball 
clay, bentonite, diatomite, feldspar, fire clay, fuller's earth, gypsum, 
industrial sand, kaolin, lightweight aggregate, magnesium compounds, 
perlite, roofing granules, talc, titanium dioxide, and vermiculite.



Sec. 60.732  Standards for particulate matter.

    Each owner or operator of any affected facility that is subject to 
the requirements of this subpart shall comply with the emission 
limitations set forth in this section on and after the date on which the 
initial performance test required by Sec. 60.8 is completed, but not 
later than 180 days after the initial startup, whichever date comes 
first. No emissions shall be discharged into the atmosphere from any 
affected facility that:
    (a) Contains particulate matter in excess of 0.092 gram per dry 
standard cubic meter (g/dscm) [0.040 grain per dry standard cubic foot 
(gr/dscf)] for calciners and for calciners and dryers installed in 
series and in excess of 0.057 g/dscm (0.025 gr/dscf) for dryers; and
    (b) Exhibits greater than 10 percent opacity, unless the emissions 
are discharged from an affected facility using a wet scrubbing control 
device.

[57 FR 44503, Sept. 28, 1992, as amended at 65 FR 61778, Oct. 17, 2000]



Sec. 60.733  Reconstruction.

    The cost of replacement of equipment subject to high temperatures 
and abrasion on processing equipment shall not be considered in 
calculating either the ``fixed capital cost of the new components'' or 
the ``fixed capital cost that would be required to construct a 
comparable new facility'' under Sec. 60.15. Calciner and dryer 
equipment subject to high temperatures and abrasion are: end seals, 
flights, and refractory lining.



Sec. 60.734  Monitoring of emissions and operations.

    (a) With the exception of the process units described in paragraphs 
(b), (c), and (d) of this section, the owner or operator of an affected 
facility subject to the provisions of this subpart who uses a dry 
control device to comply with the mass emission standard shall install, 
calibrate, maintain, and operate a continuous monitoring system to 
measure and record the opacity of emissions discharged into the 
atmosphere from the control device.
    (b) In lieu of a continuous opacity monitoring system, the owner or 
operator of a ball clay vibrating grate dryer, a bentonite rotary dryer, 
a diatomite flash dryer, a diatomite rotary calciner, a feldspar rotary 
dryer, a fire clay rotary dryer, an industrial sand fluid bed dryer, a 
kaolin rotary calciner, a perlite rotary dryer, a roofing granules fluid 
bed dryer, a roofing granules rotary dryer, a talc rotary calciner, a 
titanium dioxide spray dryer, a titanium dioxide fluid bed dryer, a 
vermiculite fluid bed dryer, or a vermiculite rotary dryer who uses a 
dry control device may have a certified visible emissions observer 
measure and record three 6-minute averages of the opacity of visible 
emissions to the atmosphere each day of operation in accordance with 
Method 9 of appendix A of part 60.
    (c) The owner or operator of a ball clay rotary dryer, a diatomite 
rotary dryer, a feldspar fluid bed dryer, a fuller's earth rotary dryer, 
a gypsum rotary dryer, a gypsum flash calciner, gypsum kettle calciner, 
an industrial sand rotary dryer, a kaolin rotary dryer, a kaolin 
multiple hearth furnace, a perlite expansion furnace, a talc flash 
dryer, a talc rotary dryer, a titanium dioxide direct or indirect rotary 
dryer or a vermiculite expansion furnace who uses a dry control device 
is exempt from the monitoring requirements of this section.

[[Page 762]]

    (d) The owner or operator of an affected facility subject to the 
provisions of this subpart who uses a wet scrubber to comply with the 
mass emission standard for any affected facility shall install, 
calibrate, maintain, and operate monitoring devices that continuously 
measure and record the pressure loss of the gas stream through the 
scrubber and the scrubbing liquid flow rate to the scrubber. The 
pressure loss monitoring device must be certified by the manufacturer to 
be accurate within 5 percent of water column gauge pressure at the level 
of operation. The liquid flow rate monitoring device must be certified 
by the manufacturer to be accurate within 5 percent of design scrubbing 
liquid flow rate.



Sec. 60.735  Recordkeeping and reporting requirements.

    (a) Records of the measurements required in Sec. 60.734 of this 
subpart shall be retained for at least 2 years.
    (b) Each owner or operator who uses a wet scrubber to comply with 
Sec. 60.732 shall determine and record once each day, from the 
recordings of the monitoring devices in Sec. 60.734(d), an arithmetic 
average over a 2-hour period of both the change in pressure of the gas 
stream across the scrubber and the flowrate of the scrubbing liquid.
    (c) Each owner or operator shall submit written reports semiannually 
of exceedances of control device operating parameters required to be 
monitored by Sec. 60.734 of this subpart. For the purpose of these 
reports, exceedances are defined as follows:
    (1) All 6-minute periods during which the average opacity from dry 
control devices is greater than 10 percent; or
    (2) Any daily 2-hour average of the wet scrubber pressure drop 
determined as described in Sec. 60.735(b) that is less than 90 percent 
of the average value recorded according to Sec. 60.736(c) during the 
most recent performance test that demonstrated compliance with the 
particulate matter standard; or
    (3) Each daily wet scrubber liquid flow rate recorded as described 
in Sec. 60.735(b) that is less than 80 percent or greater than 120 
percent of the average value recorded according to Sec. 60.736(c) 
during the most recent performance test that demonstrated compliance 
with the particulate matter standard.
    (d) The requirements of this section remain in force until and 
unless the Agency, in delegating enforcement authority to a State under 
section 111(c) of the Clean Air Act, approves reporting requirements or 
an alternative means of compliance surveillance adopted by such State. 
In that event, affected facilities within the State will be relieved of 
the obligation to comply with this section provided that they comply 
with the requirements established by the State.

[57 FR 44503, Sept. 28, 1992, as amended at 58 FR 40591, July 29, 1993]



Sec. 60.736  Test methods and procedures.

    (a) In conducting the performance tests required in Sec. 60.8, the 
owner or operator shall use the test methods in appendix A of this part 
or other methods and procedures as specified in this section, except as 
provided in Sec. 60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. 60.732 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and volume for each test run shall be 
at least 2 hours and 1.70 dscm.
    (2) Method 9 and the procedures in Sec. 60.11 shall be used to 
determine opacity from stack emissions.
    (c) During the initial performance test of a wet scrubber, the owner 
or operator shall use the monitoring devices of Sec. 60.734(d) to 
determine the average change in pressure of the gas stream across the 
scrubber and the average flowrate of the scrubber liquid during each of 
the particulate matter runs. The arithmetic averages of the three runs 
shall be used as the baseline average values for the purposes of Sec. 
60.735(c).



Sec. 60.737  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: No 
restrictions.

[[Page 763]]



Subpart VVV_Standards of Performance for Polymeric Coating of Supporting 
                          Substrates Facilities

    Source: 54 FR 37551, Sept. 11, 1989, unless otherwise noted.



Sec. 60.740  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each coating operation and any onsite coating mix preparation 
equipment used to prepare coatings for the polymeric coating of 
supporting substrates.
    (b) Any affected facility for which the amount of VOC used is less 
than 95 Mg per 12-month period is subject only to the requirements of 
Sec. Sec. 60.744(b), 60.747(b), and 60.747(c). If the amount of VOC 
used is 95 Mg or greater per 12-month period, the facility is subject to 
all the requirements of this subpart. Once a facility has become subject 
to the requirements of this subpart, it will remain subject to those 
requirements regardless of changes in annual VOC use.
    (c) This subpart applies to any affected facility for which 
construction, modification, or reconstruction begins after April 30, 
1987, except for the facilities specified in paragraph (d) of this 
section.
    (d) This subpart does not apply to the following:
    (1) Coating mix preparation equipment used to manufacture coatings 
at one plant for shipment to another plant for use in an affected 
facility (coating operation) or for sale to another company for use in 
an affected facility (coating operation);
    (2) Coating mix preparation equipment or coating operations during 
those times they are used to prepare or apply waterborne coatings so 
long as the VOC content of the coating does not exceed 9 percent by 
weight of the volatile fraction;
    (3) Web coating operations that print an image on the surface of the 
substrate or any coating applied on the same printing line that applies 
the image.



Sec. 60.741  Definitions, symbols, and cross-reference tables.

    (a) All terms used in this subpart not defined below have the 
meaning given to them in the Act and in subpart A of this part.
    Coating applicator means any apparatus used to apply a coating to a 
continuous substrate.
    Coating mix preparation equipment means all mixing vessels in which 
solvent and other materials are blended to prepare polymeric coatings.
    Coating operation means any coating applicator(s), flashoff area(s), 
and drying oven(s) located between a substrate unwind station and a 
rewind station that coats a continuous web to produce a substrate with a 
polymeric coating. Should the coating process not employ a rewind 
station, the end of the coating operation is after the last drying oven 
in the process.
    Common emission control device means a device controlling emissions 
from an affected coating operation as well as from any other emission 
source.
    Concurrent means the period of time in which construction of an 
emission control device serving an affected facility is commenced or 
completed, beginning 6 months prior to the date that construction of the 
affected facility commences and ending 2 years after the date that 
construction of the affected facility is completed.
    Control device means any apparatus that reduces the quantity of a 
pollutant emitted to the air.
    Cover means, with respect to coating mix preparation equipment, a 
device that fits over the equipment opening to prevent emissions of 
volatile organic compounds (VOC) from escaping.
    Drying oven means a chamber within which heat is used to dry a 
surface coating; drying may be the only process or one of multiple 
processes performed in the chamber.
    Equivalent diameter means four times the area of an opening divided 
by its perimeter.
    Flashoff area means the portion of a coating operation between the 
coating applicator and the drying oven where VOC begins to evaporate 
from the coated substrate.
    Natural draft opening means any opening in a room, building, or 
total

[[Page 764]]

enclosure that remains open during operation of the facility and that is 
not connected to a duct in which a fan is installed. The rate and 
direction of the natural draft across such an opening is a consequence 
of the difference in pressures on either side of the wall or barrier 
containing the opening.
    Nominal 1-month period means a calendar month or, if established 
prior to the performance test in a statement submitted with notification 
of anticipated startup pursuant to 40 CFR 60.7(a)(2), a similar monthly 
time period (e.g., 30-day month or accounting month).
    Onsite coating mix preparation equipment means those pieces of 
coating mix preparation equipment located at the same plant as the 
coating operation they serve.
    Polymeric coating of supporting substrates means a web coating 
process that applies elastomers, polymers, or prepolymers to a 
supporting web other than paper, plastic film, metallic foil, or metal 
coil.
    Substrate means the surface to which a coating is applied.
    Temporary enclosure means a total enclosure that is constructed for 
the sole purpose of measuring the fugitive VOC emissions from an 
affected facility.
    Total enclosure means a structure that is constructed around a 
source of emissions and operated so that all VOC emissions are collected 
and exhausted through a stack or duct. With a total enclosure, there 
will be no fugitive emissions, only stack emissions. The drying oven 
itself may be part of the total enclosure.
    Vapor capture system means any device or combination of devices 
designed to contain, collect, and route solvent vapors released from the 
coating mix preparation equipment or coating operation.
    VOC in the applied coating means the product of Method 24 VOC 
analyses or formulation data (if those data are demonstrated to be 
equivalent to Method 24 results) and the total volume of coating fed to 
the coating applicator.
    VOC used means the amount of VOC delivered to the coating mix 
preparation equipment of the affected facility (including any contained 
in premixed coatings or other coating ingredients prepared off the plant 
site) for the formulation of polymeric coatings to be applied to 
supporting substrates at the coating operation, plus any solvent added 
after initial formulation is complete (e.g., dilution solvent added at 
the coating operation). If premixed coatings that require no mixing at 
the plant site are used, ``VOC used'' means the amount of VOC delivered 
to the coating applicator(s) of the affected facility.
    Volatile organic compounds or VOC means any organic compounds that 
participate in atmospheric photochemical reactions; or that are measured 
by a reference method, an equivalent method, an alternative method, or 
that are determined by procedures specified under any subpart.
    Waterborne coating means a coating which contains more than 5 weight 
percent water in its volatile fraction.
    Web coating means the coating of products, such as fabric, paper, 
plastic film, metallic foil, metal coil, cord, and yarn, that are 
flexible enough to be unrolled from a large roll; and coated as a 
continuous substrate by methods including, but not limited to, knife 
coating, roll coating, dip coating, impregnation, rotogravure, and 
extrusion.
    (b) The nomenclature used in this subpart has the following meaning:

Ak=the area of each natural draft opening (k) in a total 
enclosure, in square meters.
Caj=the concentration of VOC in each gas stream (j) exiting 
the emission control device, in parts per million by volume.
Cbi=the concentration of VOC in each gas stream (i) entering 
the emission control device, in parts per million by volume.
Cdi=the concentration of VOC in each gas stream (i) entering 
the emission control device from the affected coating operation, in 
parts per million by volume.
Cfk=the concentration of VOC in each uncontrolled gas stream 
(k) emitted directly to the atmosphere from the affected coating 
operation, in parts per million by volume.
Cgv=the concentration of VOC in the gas stream entering each 
individual carbon adsorber vessel (v), in parts per million by volume. 
For purposes of calculating the efficiency of the individual adsorber 
vessel, Cgv may be measured in the carbon adsorption system's 
common inlet duct prior to the branching of individual inlet ducts.
Chv=the concentration of VOC in the gas stream exiting each 
individual carbon

[[Page 765]]

adsorber vessel (v), in parts per million by volume.
E=the control device efficiency achieved for the duration of the 
emission test (expressed as a fraction).
F=the VOC emission capture efficiency of the vapor capture system 
achieved for the duration of the emission test (expressed as a 
fraction).
FV=the average inward face velocity across all natural draft openings in 
a total enclosure, in meters per hour.
Hv=the individual carbon adsorber vessel (v) efficiency 
achieved for the duration of the emission test (expressed as a 
fraction).
Hsys=the carbon adsorption system efficiency calculated when 
each adsorber vessel has an individual exhaust stack.
Mci=the total mass (kg) of each coating (i) applied to the 
substrate at an affected coating operation during a nominal 1-month 
period as determined from facility records.
Mr=the total mass (kg) of VOC recovered for a nominal 1-month 
period.
Qaj=the volumetric flow rate of each gas stream (j) exiting 
the emission control device, in dry standard cubic meters per hour when 
Method 18 or 25 is used to measure VOC concentration or in standard 
cubic meters per hour (wet basis) when Method 25A is used to measure VOC 
concentration.
Qbi=the volumetric flow rate of each gas stream (i) entering 
the emission control device, in dry standard cubic meters per hour when 
Method 18 or 25 is used to measure VOC concentration or in standard 
cubic meters per hour (wet basis) when Method 25A is used to measure VOC 
concentration.
Qdi=the volumetric flow rate of each gas stream (i) entering 
the emission control device from the affected coating operation, in dry 
standard cubic meters per hour when Method 18 or 25 is used to measure 
VOC concentration or in standard cubic meters per hour (wet basis) when 
Method 25A is used to measure VOC concentration.
Qfk=the volumetric flow rate of each uncontrolled gas stream 
(k) emitted directly to the atmosphere from the affected coating 
operation, in dry standard cubic meters per hour when Method 18 or 25 is 
used to measure VOC concentration or in standard cubic meters per hour 
(wet basis) when Method 25A is used to measure VOC concentration.
Qgv=the volumetric flow rate of the gas stream entering each 
individual carbon adsorber vessel (v), in dry standard cubic meters per 
hour when Method 18 or 25 is used to measure VOC concentration or in 
standard cubic meters per hour (wet basis) when Method 25A is used to 
measure VOC concentration. For purposes of calculating the efficiency of 
the individual adsorber vessel, the value of Qgv can be 
assumed to equal the value of Qhv measured for that adsorber 
vessel.
Qhv=the volumetric flow rate of the gas stream exiting each 
individual carbon adsorber vessel (v), in dry standard cubic meters per 
hour when Method 18 or 25 is used to measure VOC concentration or in 
standard cubic meters per hour (wet basis) when Method 25A is used to 
measure VOC concentration.
Qin i=the volumetric flow rate of each gas stream 
(i) entering the total enclosure through a forced makeup air duct, in 
standard cubic meters per hour (wet basis).
Qout j=the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood, in 
standard cubic meters per hour (wet basis).
R=the overall VOC emission reduction achieved for the duration of the 
emission test (expressed as a fraction).
RSi=the total mass (kg) of VOC retained on the coated 
substrate after oven drying or contained in waste coating for a given 
combination of coating and substrate.
Woi=the weight fraction of VOC in each coating (i) applied at 
an affected coating operation during a nominal 1-month period as 
determined by Method 24.

    (c) Tables 1a and 1b present a cross reference of the affected 
facility status and the relevant section(s) of the regulation.

                     Table 1a--Cross Reference\a,b\
------------------------------------------------------------------------
                                                         Compliance
              Status                   Standard        provisions Sec.
                                                           60.743
------------------------------------------------------------------------
A. Coating operation:
    1. If projected VOC use is     Sec. Not applicable.
     <95 Mg/yr.                     60.740(b):
                                    Monitor VOC
                                    use.
    2. If projected VOC use is     Sec. (a)(1), (a)(2),
     =95 Mg/yr.          60.742(b)(1):    (a)(3), or (a)(4);
                                    Reduce VOC
                                    emissions to
                                    the atmosphere
                                    from the
                                    coating
                                    operation by
                                    at least 90
                                    percent; or.
                                   Sec. (b), (e).
                                    60.742(b)(2):
                                    Install,
                                    operate, and
                                    maintain a
                                    total
                                    enclosure
                                    around the
                                    coating
                                    operation and
                                    vent the
                                    captured VOC
                                    emissions from
                                    the total
                                    enclosure to a
                                    control device
                                    that is at
                                    least 95
                                    percent
                                    efficient.

[[Page 766]]

 
B. Coating mix preparation
 equipment:
    1. If projected VOC use is     Sec. (d), (e).
     =95 Mg/yr but       60.742(c)(3):
     <130 Mg/yr.                    (i) Install,
                                    operate, and
                                    maintain a
                                    cover on each
                                    piece of
                                    affected
                                    equipment; or
                                    (ii) install,
                                    operate, and
                                    maintain a
                                    cover on each
                                    piece of
                                    affected
                                    equipment and
                                    vent VOC
                                    emissions to a
                                    VOC control
                                    device.
    2. If projected VOC use is     Sec. (d).
     =130 Mg/yr but      60.742(c)(2):
     there is no concurrent         (i) Install,
     construction of a control      operate, and
     device.                        maintain a
                                    cover on each
                                    piece of
                                    affected
                                    equipment; or
                                    (ii) install,
                                    operate, and
                                    maintain a
                                    cover on each
                                    piece of
                                    affected
                                    equipment and
                                    vent VOC
                                    emissions to a
                                    VOC control
                                    device.
    3. If projected VOC use is     Sec. (c), (e).
     =130 Mg/yr and      60.742(c)(1):
     there is concurrent            Install,
     construction of a control      operate, and
     device.                        maintain a
                                    cover on each
                                    piece of
                                    affected
                                    equipment and
                                    vent VOC
                                    emissions from
                                    the covered
                                    equipment to a
                                    95 percent
                                    efficient
                                    control device
                                    while
                                    preparation of
                                    the coating is
                                    taking place
                                    within the
                                    vessel.
------------------------------------------------------------------------
\a\ This table is presented for the convenience of the user and is not
  intended to supersede the language of the regulation. For the details
  of the requirements, refer to the text of the regulation.
\b\ Refer to table 1b to determine which subsections of Sec. Sec.
  60.744, 60.745, and 60.747 correspond to each compliance provision
  (Sec. 60.743).


                                            Table 1b--Cross Reference
----------------------------------------------------------------------------------------------------------------
                                                                                               Reporting and
  Compliance provisions--Sec. Test methods--       Category/           Monitoring           recordkeeping
            60.743                Sec. 60.745     equipment \a\     requirements--Sec. requirements--Sec.
                                                                            60.744                 60.747
----------------------------------------------------------------------------------------------------------------
A. Coating operation:
    (a)(1)--Gaseous emission    (b)-(g).........  General, CA, CO,  (a), (i), (j), (k),    (a), (d)(7), (f),
     test for coating                              TI, CI, PE, TE.   (c)(1), (d), (e),      (g), (h), (d)(1)(i),
     operations not using                                            (f), (g).              (d)(2)(i), (d)(3),
     carbon adsorption beds                                                                 (d)(4), (d)(5),
     with individual exhausts.                                                              (d)(6).
    (a)(2)--Gaseous emission    (b)-(g).........  General, CA, PE,  (a), (i), (j), (k),    (a), (d)(7), (f),
     test for coating                              TE.               (c)(2), (g).           (g), (h),
     operations using carbon                                                                (d)(1)(ii),
     adsorption beds with                                                                   (d)(2)(ii), (d)(6).
     individual exhausts.
    (a)(3)--Monthly liquid      (a).............  VOC recovery....  (i), (k).............  (e), (f), (g), (h).
     material balance--can be
     used only when a VOC
     recovery device controls
     only those emissions from
     one affected coating
     operation.
    (a)(4)--Short-term (3 to 7  (a).............  General, CA, CO,  (a), (i), (j), (k),    (a), (d)(7), (f),
     day) liquid material                          PE, TE.           (c)(1), (c)(2), (d),   (g), (h), (d)(1),
     balance--may be used as                                         (g).                   (d)(2), (d)(3),
     an alternative to (a)(3).                                                              (d)(6).
    (b)--Alternative standard   (b)-(g).........  General, CA, CO,  (a), (i), (j), (k),    (a), (d)(7), (f),
     for coating operation--                       TI, CI, PE, TE.   (c)(1), (c)(2), (d),   (g), (h), (d)(1),
     demonstrate use of                                              (e), (f), (h).         (d)(2), (d)(3),
     approved total enclosure                                                               (d)(4), (d)(5),
     and emissions vented to a                                                              (d)(6).
     95 percent efficient
     control device.
B. Coating mix preparation
 equipment:
    (c)--Standard for           (b)-(g).........  General, CA, TI,  (a), (i), (j), (k),    (a), (d)(7), (f),
     equipment servicing a                         CI.               (c)(1), (c)(2), (e),   (g), (h), (d)(1),
     coating operation with                                          (f).                   (d)(2), (d)(4),
     concurrent construction                                                                (d)(5).
     of a control device that
     uses at least 130 Mg/yr
     of VOC--demonstrate that
     covers meeting
     specifications are
     installed and used
     properly; procedures
     detailing proper use are
     posted; the mix equipment
     is vented to a 95 percent
     efficient control device.

[[Page 767]]

 
    (d)--Standard for           No other
     equipment servicing a       requirements
     coating operation that      apply.
     does not have concurrent
     construction of a control
     device but uses at least
     130 Mg/yr of VOC or for
     equipment servicing a
     coating operation that
     uses <130 Mg/yr but =95 Mg/yr of VOC--
     demonstrate that covers
     meeting specifications
     are installed and used
     properly; procedures
     detailing proper use are
     posted; the mix equipment
     is vented to a control
     device (optional).
----------------------------------------------------------------------------------------------------------------
\a\ CA=carbon adsorber; CO=condenser; TI=thermal incinerator; CI=catalytic incinerator; PE=partial enclosure;
  TE=total enclosure.



Sec. 60.742  Standards for volatile organic compounds.

    (a) Each owner or operator of an affected facility that is subject 
to the requirements of this subpart shall comply with the emissions 
limitations set forth in this section on and after the date on which the 
initial performance test required by Sec. 60.8 is completed, but not 
later than 60 days after achieving the maximum production rate at which 
the affected facility will be operated or 180 days after initial 
startup, whichever date comes first.
    (b) For the coating operation, each owner or operator of an affected 
facility shall either:
    (1) Reduce VOC emissions to the atmosphere from the coating 
operation by at least 90 percent (``emission reduction'' standard); or
    (2) Install, operate, and maintain a total enclosure around the 
coating operation and vent the captured VOC emissions from the total 
enclosure to a control device that is at least 95 percent effecient 
(alternative standard).
    (c) For the onsite coating mix preparation equipment of an affected 
facility, the owner or operator shall comply with the following 
requirements, as applicable:
    (1) For an affected facility that has concurrent construction of a 
control device and uses at least 130 Mg of VOC per 12-month period, the 
owner or operator shall install, operate, and maintain a cover on each 
piece of affected coating mix preparation equipment and vent VOC 
emissions from the covered mix equipment to a 95 percent efficient 
control device while preparation of the coating is taking place within 
the vessel.
    (2) For an affected facility that does not have concurrent 
construction of a control device but uses at least 130 Mg of VOC per 12-
month period, the owner or operator shall either:
    (i) Install, operate, and maintain a cover on each piece of affected 
coating mix preparation equipment; or
    (ii) Install, operate, and maintain a cover on each piece of 
affected coating mix preparation equipment and vent VOC emissions to a 
VOC control device.
    (3) For an affected facility that uses at least 95 Mg but less than 
130 Mg of VOC per 12-month period, the owner or operator shall either.
    (i) Install, operate, and maintain a cover on each piece of affected 
coating mix preparation equipment; or
    (ii) Install, operate, and maintain a cover on each piece of 
affected coating mix preparation equipment and vent VOC emissions to a 
VOC control device.



Sec. 60.743  Compliance provisions.

    (a) To demonstrate compliance with the emission reduction standard 
for coating operations specified in Sec. 60.742(b)(1), the owner or 
operator of the affected facility shall use one of the following 
methods.

[[Page 768]]

    (1) Gaseous emission test for coating operations not using carbon 
adsorption beds with individual exhausts. This method is applicable when 
the emissions from any affected coating operation are controlled by a 
control device other than a fixed-bed carbon adsorption system with 
individual exhaust stacks for each adsorber vessel. The owner or 
operator using this method shall comply with the following procedures:
    (i) Construct the vapor capture system and control device so that 
all gaseous volumetric flow rates and total VOC emissions can be 
accurately determined by the applicable test methods and procedures 
specified in Sec. 60.745(b) through (g);
    (ii) Determine capture efficiency from the coating operation by 
capturing, venting, and measuring all VOC emissions from the coating 
operation. During a performance test, the owner or operator of an 
affected coating operation located in an area with other sources of VOC 
shall isolate the coating operation emissions from all other sources of 
VOC by one of the following methods:
    (A) Build a temporary enclosure, as defined in Sec. 60.741(a) and 
conforming to the requirements of Sec. 60.743(b)(1), around the 
affected coating operation. The temporary enclosure must be constructed 
and ventilated (through stacks suitable for testing) so that it has 
minimal impact on performance of the capture system; or
    (B) Shut down all other sources of VOC and continue to exhaust 
fugitive emissions from the affected coating operation through any 
building ventilation system and other room exhausts such as those on 
drying ovens. All such ventilation air must be vented through stacks 
suitable for testing because the VOC content in each must be determined.
    (iii) Operate the emission control device with all emission sources 
connected and operating.
    (iv) Determine the efficiency (E) of the control device by Equation 
1:
[GRAPHIC] [TIFF OMITTED] TC01JN92.067

    (v) Determine the efficiency (F) of the vapor capture system by 
Equation 2:
[GRAPHIC] [TIFF OMITTED] TC01JN92.068

    (vi) For each affected coating operation subject to Sec. 
60.742(b)(1) (emission reduction standard for coating operations), 
compliance is demonstrated if the product of (E)x(F) is equal to or 
greater than 0.90.

[[Page 769]]

    (2) Gaseous emission test for coating operations using carbon 
adsorption beds with individual exhausts. This method is applicable when 
emissions from any affected coating operation are controlled by a fixed-
bed carbon adsorption system with individual exhaust stacks for each 
adsorber vessel. The owner or operator using this method shall comply 
with the following procedures:
    (i) Construct the vapor capture system and control device so that 
each volumetric flow rate and the total VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 60.745 (b) through (g);
    (ii) Assure that all VOC emissions from the coating operation are 
segregated from other VOC sources and that the emissions can be captured 
for measurement, as described in Sec. 60.743(a)(1)(ii) (A) and (B);
    (iii) Operate the emission control device with all emission sources 
connected and operating;
    (iv) Determine the efficiency (Hv) of each individual 
adsorber vessel (v) using Equation 3:
[GRAPHIC] [TIFF OMITTED] TC01JN92.069

    (v) Determine the efficiency of the carbon adsorption system 
(Hsys) by computing the average efficiency of the adsorber 
vessels as weighted by the volumetric flow rate (Qhv) of each 
individual adsorber vessel (v) using Equation 4:
[GRAPHIC] [TIFF OMITTED] TC01JN92.070

    (vi) Determine the efficiency (F) of the vapor capture system using 
Equation (2).
    (vii) For each affected coating operation subject to Sec. 
60.742(b)(1) (emission reduction standard for coating operations), 
compliance is demonstrated if the product of (Hsys)x(F) is 
equal to or greater than 0.90.
    (3) Monthly liquid material balance. This method can be used only 
when a VOC recovery device controls only those emissions from one 
affected coating operation. It may not be used if the VOC recovery 
device controls emissions from any other VOC emission sources. When 
demonstrating compliance by this method, Sec. 60.8(f) (Performance 
Tests) of this part does not apply. The owner or operator using this 
method shall comply with the following procedures to determine the VOC 
emission reduction for each nominal 1-month period:
    (i) Measure the amount of coating applied at the coating applicator. 
This quantity shall be determined at a time and location in the process 
after all ingredients (including any dilution solvent) have been added 
to the coating, or appropriate adjustments shall be made to account for 
any ingredients added after the amount of coating has been determined;
    (ii) Determine the VOC content of all coatings applied using the 
test method

[[Page 770]]

specified in Sec. 60.745(a). This value shall be determined at a time 
and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or appropriate 
adjustments shall be made to account for any ingredients added after the 
VOC content in the coating has been determined;
    (iii) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of VOC recovered by the control device over each nominal 1-month 
period. The device shall be certified by the manufacturer to be accurate 
to within 2.0 percent;
    (iv) Measure the amount of VOC recovered; and
    (v) Calculate the overall VOC emission reduction (R) for each and 
every nominal 1-month period using Equation 5. Emissions during startups 
and shutdowns are to be included when determining R because startups and 
shutdowns are part of normal operation for this source category.
[GRAPHIC] [TIFF OMITTED] TC01JN92.071


If the value of R is equal to or greater than 0.90, compliance with 
Sec. 60.742(b)(1) is demonstrated.
    (A) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured value of RSi that is greater than zero but less than 
or equal to 6 percent by weight of the liquid VOC applied:
    (1) Measurement techniques; and
    (2) Documentation that the measured value of RSi exceeds 
zero but is less than or equal to 6 percent by weight of the liquid VOC 
applied.
    (B) For those facilities not subject to paragraph (a)(3)(v)(A) of 
this section, the value of RSi is zero unless the owner or 
operator submits the following information to the Administrator for 
approval of a measured value of RSi that is greater than 6 
percent by weight of the liquid VOC applied.
    (1) Measurement techniques;
    (2) Documentation that the measured value of RSi exceeds 
6 percent by weight of the liquid VOC applied; and
    (3) Either documentation of customer specifications requiring higher 
values or documentation that the desired properties of the product make 
it necessary for RSi to exceed 6 percent by weight of the 
liquid VOC applied and that such properties cannot be achieved by other 
means.
    (C) The measurement techniques of paragraphs (a)(3)(v)(A)(1) and 
(a)(3)(v)(B)(1) of this section shall be submitted to the Administrator 
for approval with the notification of anticipated startup required under 
Sec. 60.7(a)(2).
    (vi) The point at which Mr is to be measured shall be 
established when the compliance procedures are approved. The presumptive 
point of measurement shall be prior to separation/ purification; a point 
after separation/purification may be adopted for enhanced convenience or 
accuracy.
    (4) Short-term liquid material balance. This method may be used as 
an alternative to the monthly liquid material balance described in 
paragraph (a)(3) of this section. The owner or operator using this 
method shall comply with the following procedures to determine VOC 
emission reduction for a 3- to 7-day period and shall continuously 
monitor VOC emissions as specified in Sec. 60.744.
    (i) Use the procedures described in paragraphs (a)(3) (i) through 
(vi) of this section to determine the overall emission reduction, R. 
Compliance is demonstrated if the value of R is equal to or greater than 
0.90.

[[Page 771]]

    (ii) The number of days for the performance test (3 to 7) is to be 
based on the affected facility's representative performance consistent 
with the requirements of Sec. 60.8(c). Data demonstrating that the 
chosen test period is representative shall be submitted to the 
Administrator for approval with the notification of anticipated startup 
required under Sec. 60.7(a)(2).
    (b) Each owner or operator of an affected coating operation subject 
to the standard specified in Sec. 60.742(b)(2) (alternative standard 
for coating operations) shall:
    (1) Demonstrate that a total enclosure is installed. The total 
enclosure shall either be approved by the Administrator in accordance 
with the provisions of Sec. 60.746, or meet the requirements in 
paragraphs (b)(1) (i) through (vi) of this section, as follows:
    (i) The only openings in the enclosure are forced makeup air and 
exhaust ducts and natural draft openings such as those through which raw 
materials enter and exist the coating operation;
    (ii) Total area of all natural draft openings does not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (iii) All access doors and windows are closed during normal 
operation of the enclosed coating operation, except for brief, 
occasional openings to accommodate process equipment adjustments. If 
such openings are frequent, or if the access door or window remains open 
for a significant amount of time during the process operation, it must 
be considered a natural draft opening. Access doors used routinely by 
workers to enter and exit the enclosed area shall be equipped with 
automatic closure devices;
    (iv) Average inward face velocity (FV) across all natural draft 
openings is a minimum of 3,600 meters per hour as determined by the 
following procedures:
    (A) Construct all forced makeup air ducts and all exhaust ducts so 
that the volumetric flow rate in each can be accurately determined by 
the test methods and procedures specified in Sec. 60.745 (c) and (d). 
Volumetric flow rates shall be calculated without the adjustment 
normally made for moisture content; and
    (B) Determine FV by Equation 6:
    [GRAPHIC] [TIFF OMITTED] TC01JN92.072
    
    (v) The air passing through all natural draft openings flows into 
the enclosure continuously. If FV is less than or equal to 9,000 meters 
per hour, the continuous inward airflow shall be verified by continuous 
observation using smoke tubes, streamers, tracer gases, or other means 
approved by the Administrator over the period that the volumetric flow 
rate tests required to determine FV are carried out. If FV is greater 
than 9,000 meters per hour, the direction of airflow thourgh the natural 
draft openings shall be presumed to be inward at all times without 
verification.
    (vi) All sources of emissions within the enclosure shall be a 
minimum of four equivalent diameters away from each natural draft 
opening.
    (2) Determine the control device efficiency using Equation (1) or 
Equations (3) and (4), as applicable, and the test methods and 
procedures specified in Sec. 60.745 (b) through (g).
    (3) Compliance is demonstrated if the installation of a total 
enclosure is demonstrated and the value of E determined from Equation 
(1) or the value of

[[Page 772]]

Hsys determined from Equations (3) and (4), as applicable, is 
equal to or greater than 0.95.
    (c) To demonstrate compliance with Sec. 60.742(c)(1) (standard for 
coating mix preparation equipment servicing a coating operation with 
concurrent construction of a control device that uses at least 130 Mg 
per year of VOC), each owner or operator of affected coating mix 
preparation equipment shall demonstrate that:
    (1) Covers meeting the following specifications have been installed 
and are being used properly:
    (i) Cover shall be closed at all times except when adding 
ingredients, withdrawing samples, transferring the contents, or making 
visual inspection when such activities cannot be carried out with cover 
in place. Such activities shall be carried out through ports of the 
minimum practical size;
    (ii) Cover shall extend at least 2 centimeters beyond the outer rim 
of the opening or shall be attached to the rim;
    (iii) Cover shall be of such design and construction that contact is 
maintained between cover and rim along the entire perimeter;
    (iv) Any breach in the cover (such as a slit for insertion of a 
mixer shaft or port for addition of ingredients) shall be covered 
consistent with paragraphs (c)(1) (i), (ii), and (iii) of this section 
when not actively in use. An opening sufficient to allow safe clearance 
for a mixer shaft is acceptable during those periods when the shaft is 
in place; and
    (v) A polyehtylene or nonpermanent cover may be used provided it 
meets the requirements of paragraphs (c)(1) (ii), (iii), and (iv) of 
this section. Such a cover shall not be reused after once being removed.
    (2) Procedures detailing the proper use of covers, as specified in 
paragraph (c)(1)(i) of this section, have been posted in all areas where 
affected coatings mix preparation equipment is used;
    (3) The coating mix preparation equipment is vented to a control 
device while preparation of the coating is taking place within the 
vessel; and
    (4) The control device efficiency (E or Hsys, as 
applicable) determined using Equation (1) or Equations (3) and (4), 
respectively, and the test methods and procedures specified in Sec. 
60.745 (b) through (g) is equal to or greater than 0.95.
    (d) To demonstrate compliance with Sec. 60.742(c)(2) (standard for 
coating mix preparation equipment servicing a coating operation that 
does not have concurrent construction of a control device but uses at 
least 130 Mg of VOC per year) or Sec. 60.742(c)(3) (standard for 
coating mix preparation equipment servicing a coating operation that 
uses at least 95 Mg but less than 130 Mg of VOC per year), each owner or 
operator of affected coating mix preparation equipment shall demonstrate 
upon inspection that:
    (1) Covers satisfying the specifications in paragraphs (c)(1) (i) 
through (v) of this section have been installed and are being properly 
operated and maintained; and
    (2) Procedures detailing the proper use of covers, as specified in 
paragraph (c)(1)(i) of this section, have been posted in all areas where 
affected coating mix preparation equipment is used.
    (3) Owners or operators meeting the standard specified in Sec. 
60.742 (c)(2)(ii) or (c)(3)(ii) shall also demonstrate that the coating 
mix preparation equipment is vented to a control device.
    (e) If a control device other than a carbon adsorber, condenser, or 
incinerator is used to control emissions from an affected facility, the 
necessary operating specifications for that device must be approved by 
the Administrator. An example of such a device is a flare.



Sec. 60.744  Monitoring requirements.

    (a) Each owner or operator of an affected facility shall install and 
calibrate all monitoring devices required under the provisions of this 
section according to the manufacturer's specifications, prior to the 
initial performance test in locations such that representative values of 
the monitored parameters will be obtained. The parameters to be 
monitored shall be continuously measured and recorded during each 
performance test.
    (b) Each owner or operator of an affected facility that uses less 
than 95 Mg of VOC per year and each owner or operator of an affected 
facility subject to

[[Page 773]]

the provisions specified in Sec. 60.742(c)(3) shall:
    (1) Make semiannual estimates of the projected annual amount of VOC 
to be used for the manufacture of polymeric coated substrate at the 
affected coating operation in that year; and
    (2) Maintain records of actual VOC use.
    (c) Each owner or operator of an affected facility controlled by a 
carbon adsorption system and demonstrating compliance by the procedures 
described in Sec. 60.743 (a)(1), (2), (b), or (c) (which include 
control device efficiency determinations) or Sec. 60.743(a)(4) (short-
term liquid material balance) shall carry out the monitoring provisions 
of paragraph (c)(1) or (2) of this section, as appropriate.
    (1) For carbon adsorption systems with a common exhaust stack for 
all the individual adsorber vessels, install, calibrate, maintain, and 
operate, according to the manufacturer's specifications, a monitoring 
device that continuously indicates and records the concentration level 
of organic compounds in either the control device outlet gas stream or 
in both the control device inlet and outlet gas streams. The outlet gas 
stream shall be monitored if the percent increase in the concentration 
level of organic compounds is used as the basis for reporting, as 
described in Sec. 60.747(d)(1)(i). The inlet and outlet gas streams 
shall be monitored if the percent control device efficiency is used as 
the basis for reporting, as described in Sec. 60.747(d)(2)(i).
    (2) For carbon adsorption systems with individual exhaust stacks for 
each adsorber vessel, install, calibrate, maintain, and operate, 
according to the manufacturer's specifications, a monitoring device that 
continuously indicates and records the concentration level of organic 
compounds in the outlet gas stream for a minimum of one complete 
adsorption cycle per day for each adsorber vessel. The owner or operator 
may also monitor and record the concentration level of organic compounds 
in the common carbon adsorption system inlet gas stream or in each 
individual carbon adsorber vessel inlet stream. The outlet gas streams 
shall be monitored if the percent increase in the concentration level of 
organic compounds is used as the basis for reporting, as described in 
Sec. 60.747(d)(1)(ii). In this case, the owner or operator shall 
compute daily a 3-day rolling average concentration level of organics in 
the outlet gas stream from each individual adsorber vessel. The inlet 
and outlet gas streams shall be monitored if the percent control device 
efficiency is used as the basis for reporting, as described in Sec. 
60.747(d)(2)(ii). In this case, the owner or operator shall compute 
daily a 3-day rolling average efficiency for each individual adsorber 
vessel.
    (d) Each owner or operator of an affected facility controlled by a 
condensation system and demonstrating compliance by the test methods 
described in Sec. 60.743 (a)(1), (2), (b), or (c) (which include 
control device efficiency determinations) or Sec. 60.743(a)(4) (short-
term liquid material balance) shall install, calibrate, maintain, and 
operate, according to the manufacturer's specifications, a monitoring 
device that continuously indicates and records the temperature of the 
condenser exhaust stream.
    (e) Each owner or operator of an affected facility controlled by a 
thermal incinerator and demonstrating compliance by the test methods 
described in Sec. 60.743 (a)(1), (2), (b), or (c) (which include 
control device efficiency determinations) shall install, calibrate, 
maintain, and operate, according to the manufacturer's specifications, a 
monitoring device that continuously indicates and records the combustion 
temperature of the incinerator. The monitoring device shall have an 
accuracy within 1 percent of the temperature being 
measured in Celsius degrees.
    (f) Each owner or operator of an affected facility controlled by a 
catalytic incinerator and demonstrating compliance by the test methods 
described in Sec. 60.743 (a)(1), (2), (b), or (c) (which include 
control device efficiency determinations) shall install, calibrate, 
maintain, and operate, according to the manufacturer's specifications, a 
monitoring device that continuously indicates and records the gas 
temperature both upstream and downstream of the catalyst bed. The 
monitoring device shall have an accuracy within 1 
percent of the temperature being measured in Celsius degrees.

[[Page 774]]

    (g) Each owner or operator of an affected facility who demonstrates 
compliance by the test methods described in Sec. 60.743(a)(1) or (2) 
(which include vapor capture system efficiency determinations) or Sec. 
60.743(a)(4) (short-term liquid material balance) shall submit a 
monitoring plan for the vapor capture system to the Administrator for 
approval with the notification of anticipated startup required under 
Sec. 60.7(a)(2) of the General Provisions. This plan shall identify the 
parameter to be monitored as an indicator of vapor capture system 
performance (e.g., the amperage to the exhaust fans or duct flow rates) 
and the method for monitoring the chosen parameter. The owner or 
operator shall install, calibrate, maintain, and operate, according to 
the manufacturer's specifications, a monitoring device that continuously 
indicates and records the value of the chosen parameter.
    (h) Each owner or operator of an affected facility who demonstrates 
compliance as described in Sec. 60.743(b) shall follow the procedures 
described in paragraph (g) of this section to establish a monitoring 
system for the total enclosure.
    (i) Each owner or operator of an affected facility shall record time 
periods of mixing or coating operations when the emission control device 
is malfunctioning or not in use.
    (j) Each owner or operator of an affected facility shall record time 
periods of mixing or coating operations when each monitoring device is 
malfunctioning or not in use.
    (k) Records of the measurements and calculations required in Sec. 
60.743 and Sec. 60.744 must be retained for at least 2 years following 
the date of the measurements and calculations.



Sec. 60.745  Test methods and procedures.

    Methods in appendix A of this part, except as provided under Sec. 
60.8(b), shall be used to determine compliance as follows:
    (a) Method 24 is used to determine the VOC content in coatings. If 
it is demonstrated to the satisfaction of the Administrator that coating 
formulation data are equivalent to Method 24 results, formulation data 
may be used. In the event of any inconsistency between a Method 24 test 
and a facility's formulation data, the Method 24 test will govern. For 
Method 24, the coating sample must be a 1-liter sample collected in a 1-
liter container at a point in the process where the sample will be 
representative of the coating applied to the substrate (i.e., the sample 
shall include any dilution solvent or other VOC added during the 
manufacturing process). The container must be tightly sealed immediately 
after the sample is collected. Any solvent or other VOC added after the 
sample is taken must be measured and accounted for in the calculations 
that use Method 24 results.
    (b) Method 25 shall be used to determine VOC concentrations from 
incinerator gas streams. Alternative Methods (18 or 25A), may be used as 
explained in the applicability section of Method 25 in cases where use 
of Method 25 is demonstrated to be technically infeasible. The owner or 
operator shall submit notice of the intended test method to the 
Administrator for approval along with the notification of the 
performance test required under Sec. 60.8(d) of the General Provisions. 
Except as indicated in paragraphs (b)(1) and (b)(2) of this section, the 
test shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (1) When the method is to be used in the determination of the 
efficiency of a fixed-bed carbon adsorption system with a common exhaust 
stack for all the individual adsorber vessels pursuant to Sec. 60.743 
(a)(1), (b), or (c), the test shall consist of three separate runs, each 
coinciding with one or more complete system rotations through the 
adsorption cycles of all the individual adsorber vessels.
    (2) When the method is to be used in the determination of the 
efficiency of a fixed-bed carbon adsorption system with individual 
exhaust stacks for each adsorber vessel pursuant to Sec. 60.743 (a)(2), 
(b), or (c), each adsorber vessel shall be tested individually. Each 
test shall consist of three separate runs, each coinciding with one or 
more complete adsorption cycles.
    (c) Method 1 or 1A is used for sample and velocity traverses;
    (d) Method 2, 2A, 2C, or 2D is used for velocity and volumetric flow 
rates;

[[Page 775]]

    (e) Method 3 is used for gas analysis;
    (f) Method 4 is used for stack gas moisture;
    (g) Methods 2, 2A, 2C, or 2D; 3; and 4 shall be performed, as 
applicable, at least twice during each test run.



Sec. 60.746  Permission to use alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions of VOC from 
any emission point subject to Sec. 60.742(c) at least equivalent to 
that required by Sec. 60.742(b)(2) or Sec. 60.742(c), respectively, 
the Administrator will publish in the Federal Register a notice 
permitting the use of the alternative means. The Administrator may 
condition permission on requirements that may be necessary to ensure 
operation and maintenance to achieve the same emission reduction as 
specified in Sec. 60.742(b)(2) or Sec. 60.742(c), respectively.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a public 
hearing.
    (c) Any person seeking permission under this section shall submit to 
the Administrator either results from an emission test that accurately 
collects and measures all VOC emissions from a given control device or 
an engineering evaluation that accurately determines such emissions.



Sec. 60.747  Reporting and recordkeeping requirements.

    (a) For each affected facility subject to the requirements of Sec. 
60.742(b) and (c), the owner or operator shall submit the performance 
test data and results to the Administrator as specified in Sec. 60.8(a) 
of this part. In addition, the average values of the monitored 
parameters measured at least every 15 minutes and averaged over the 
period of the performance test shall be submitted with the results of 
all performance tests.
    (b) Each owner or operator of an affected facility subject to the 
provisions specified in Sec. 60.742(c)(3) and claiming to use less than 
130 Mg of VOC in the first year of operation and each owner or operator 
of an affected facility claiming to use less than 95 Mg of VOC in the 
first year of operation shall submit to the Administrator, with the 
notification of anticipated startup required under Sec. 60.7(a)(2) of 
the General Provisions, a material flow chart indicating projected VOC 
use. The owner or operator shall also submit actual VOC use records at 
the end of the initial year.
    (c) Each owner or operator of an affected facility subject to the 
provisions of Sec. 60.742(c)(3) and initially using less than 130 Mg of 
VOC per year and each owner or operator of an affected facility 
initially using less than 95 Mg of VOC per year shall:
    (1) Record semiannual estimates of projected VOC use and actual 12-
month VOC use;
    (2) Report the first semiannual estimate in which projected annual 
VOC use exceeds the applicable cutoff; and
    (3) Report the first 12-month period in which the actual VOC use 
exceeds the applicable cutoff.
    (d) Each owner or operator of an affected facility demonstrating 
compliance by the methods described in Sec. 60.743(a)(1), (2), (4), 
(b), or (c) shall maintain records and submit quarterly reports to the 
Administrator documenting the following:
    (1) For those affected facilities monitoring only the carbon 
adsorption system outlet concentration levels of organic compounds, the 
periods (during actual coating operations) specified in paragraph 
(d)(1)(i) or (ii) of this section, as applicable.
    (i) For carbon adsorption systems with a common exhaust stack for 
all the individual adsorber vessels, all periods of three consecutive 
system rotations through the adsorption cycles of all the individual 
adsorber vessels during which the average value of the concentration 
level of organic compounds in the common outlet gas stream is more than 
20 percent greater than the average value measured during the most 
recent performance test that demonstrated compliance.
    (ii) For carbon adsorption systems with individual exhaust stacks 
for each adsorber vessel, all 3-day rolling averages for each adsorber 
vessel when the concentration level of organic compounds in the 
individual outlet gas stream is more than 20 percent greater

[[Page 776]]

than the average value for that adsorber vessel measured during the most 
recent performance test that demonstrated compliance.
    (2) For those affected facilities monitoring both the carbon 
adsorption system inlet and outlet concentration levels of organic 
compounds, the periods (during actual coating operations), specified in 
paragraph (d)(2)(i) or (ii) of this section, as applicable.
    (i) For carbon adsorption systems with a common exhaust stack for 
all the individual adsorber vessels, all periods of three consecutive 
adsorption cycles of all the individual adsorber vessels during which 
the average carbon adsorption system efficiency falls below the 
applicable level as follows:
    (A) For those affected facilities demonstrating compliance by the 
performance test method described in Sec. 60.743(a)(1), the value of E 
determined using Equation (1) during the most recent performance test 
that demonstrated compliance.
    (B) For those affected facilities demonstrating compliance by the 
performance test described in Sec. 60.743(a)(4), the average value of 
the system efficiency measured with the monitor during the most recent 
performance test that demonstrated compliance.
    (C) For those affected facilities demonstrating compliance pursuant 
to Sec. 60.743(b) or (c), 0.95.
    (ii) For carbon adsorption systems with individual exhaust stacks 
for each adsorber vessel, all 3-day rolling averages for each adsorber 
vessel during which the average carbon adsorber vessel efficiency falls 
below the applicable level as follows:
    (A) For those affected facilities demonstrating compliance by the 
performance test method described in Sec. 60.743(a)(2), (b), or (c), 
the value of Hv determined using Equation (3) during the most 
recent performance test that demonstrated compliance.
    (B) For those affected facilities demonstrating compliance by the 
performance test described in Sec. 60.743(a)(4), the average efficiency 
for that adsorber vessel measured with the monitor during the most 
recent performance test that demonstrated compliance.
    (3) For those affected facilities monitoring condenser exhaust gas 
temperature, all 3-hour periods (during actual coating operations) 
during which the average exhaust temperature is 5 or more Celsius 
degrees above the average temperature measured during the most recent 
performance test that demonstrated compliance;
    (4) For those affected facilities monitoring thermal incinerator 
combustion gas temperature, all 3-hour periods (during actual coating 
operations) during which the average combustion temperature of the 
device is more than 28 Celsius degrees below the average combustion 
temperature of the device during the most recent performance test that 
demonstrated compliance;
    (5) For those affected facilities monitoring catalytic incinerator 
catalyst bed temperature, all 3-hour periods (during actual coating 
operations) during which the average gas temperature immediately before 
the catalyst bed is more than 28 Celsius degrees below the average gas 
temperature during the most recent performance test that demonstrated 
compliance and all 3-hour periods (during actual coating operations) 
during which the average gas temperature difference across the catalyst 
bed is less than 80 percent of the average gas temperature difference 
during the most recent performance test that demonstrated compliance;
    (6) For each affected facility monitoring a total enclosure pursuant 
to Sec. 60.744(h) or vapor capture system pursuant to Sec. 60.744(g), 
all 3-hour periods (during actual coating operations) during which the 
average total enclosure or vapor capture system monitor readings vary by 
5 percent or more from the average value measured during the most recent 
performance test that demonstrated compliance.
    (7) Each owner or operator of an affected coating operation not 
required to submit reports under paragraphs (d)(1) through (6) of this 
section because no reportable periods have occurred shall submit 
semiannual statements clarifying this fact.
    (e) Each owner or operator of an affected coating operation, 
demonstrating compliance by the test methods described in Sec. 
60.743(a)(3) (liquid-liquid material balance) shall submit the 
following:

[[Page 777]]

    (1) For months of compliance, semiannual reports to the 
Administrator stating that the affected coating operation was in 
compliance for each 1-month period; and
    (2) For months of noncompliance, quarterly reports to the 
Administrator documenting the 1-month amount of VOC contained in the 
coatings, the 1-month amount of VOC recovered, and the percent emission 
reduction for each month.
    (f) Each owner or operator of an affected coating operation, either 
by itself or with associated coating mix preparation equipment, shall 
submit the following with the reports required under paragraphs (d) and 
(e) of this section:
    (1) All periods during actual mixing or coating operations when a 
required monitoring device (if any) was malfunctioning or not operating; 
and
    (2) All periods during actual mixing or coating operations when the 
control device was malfunctioning or not operating.
    (g) The reports required under paragraphs (b), (c), (d), and (e) of 
this section shall be postmarked within 30 days of the end of the 
reporting period.
    (h) Records required in Sec. 60.747 must be retained for at least 2 
years.
    (i) The requirements of this section remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such States. In this event, 
affected sources within the State will be relieved of the obligation to 
comply with this subsection, provided that they comply with the 
requirements established by the State.



Sec. 60.748  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities that will not be delegated to States: Sec. Sec. 
60.743(a)(3)(v) (A) and (B); 60.743(e); 60.745(a); 60.746.



Subpart WWW_Standards of Performance for Municipal Solid Waste Landfills

    Source: 61 FR 9919, Mar. 12, 1996, unless otherwise noted.



Sec. 60.750  Applicability, designation of affected facility,
and delegation of authority.

    (a) The provisions of this subpart apply to each municipal solid 
waste landfill that commenced construction, reconstruction or 
modification on or after May 30, 1991. Physical or operational changes 
made to an existing MSW landfill solely to comply with subpart Cc of 
this part are not considered construction, reconstruction, or 
modification for the purposes of this section.
    (b) The following authorities shall be retained by the Administrator 
and not transferred to the State: Sec. 60.754(a)(5).
    (c) Activities required by or conducted pursuant to a CERCLA, RCRA, 
or State remedial action are not considered construction, 
reconstruction, or modification for purposes of this subpart.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



Sec. 60.751  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act or in subpart A of this part.
    Active collection system means a gas collection system that uses gas 
mover equipment.
    Active landfill means a landfill in which solid waste is being 
placed or a landfill that is planned to accept waste in the future.
    Closed landfill means a landfill in which solid waste is no longer 
being placed, and in which no additional solid wastes will be placed 
without first filing a notification of modification as prescribed under 
Sec. 60.7(a)(4). Once a notification of modification has been filed, 
and additional solid waste is placed in the landfill, the landfill is no 
longer closed.
    Closure means that point in time when a landfill becomes a closed 
landfill.

[[Page 778]]

    Commercial solid waste means all types of solid waste generated by 
stores, offices, restaurants, warehouses, and other nonmanufacturing 
activities, excluding residential and industrial wastes.
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the 
nonmethane organic compounds emission rate. The landfill is considered 
controlled at the time a collection and control system design plan is 
submitted in compliance with Sec. 60.752(b)(2)(i).
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the State, local, or Tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted for in 
the most recent permit. If the owner or operator chooses to convert the 
design capacity from volume to mass or from mass to volume to 
demonstrate its design capacity is less than 2.5 million megagrams or 
2.5 million cubic meters, the calculation must include a site specific 
density, which must be recalculated annually.
    Disposal facility means all contiguous land and structures, other 
appurtenances, and improvements on the land used for the disposal of 
solid waste.
    Emission rate cutoff means the threshold annual emission rate to 
which a landfill compares its estimated emission rate to determine if 
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a 
relatively constant limited peak temperature generally using a limited 
supply of combustion air. An enclosed flare is considered an enclosed 
combustor.
    Flare means an open combustor without enclosure or shroud.
    Gas mover equipment means the equipment (i.e., fan, blower, 
compressor) used to transport landfill gas through the header system.
    Household waste means any solid waste (including garbage, trash, and 
sanitary waste in septic tanks) derived from households (including, but 
not limited to, single and multiple residences, hotels and motels, 
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, 
and day-use recreation areas).
    Industrial solid waste means solid waste generated by manufacturing 
or industrial processes that is not a hazardous waste regulated under 
Subtitle C of the Resource Conservation and Recovery Act, parts 264 and 
265 of this title. Such waste may include, but is not limited to, waste 
resulting from the following manufacturing processes: electric power 
generation; fertilizer/agricultural chemicals; food and related 
products/by-products; inorganic chemicals; iron and steel manufacturing; 
leather and leather products; nonferrous metals manufacturing/foundries; 
organic chemicals; plastics and resins manufacturing; pulp and paper 
industry; rubber and miscellaneous plastic products; stone, glass, clay, 
and concrete products; textile manufacturing; transportation equipment; 
and water treatment. This term does not include mining waste or oil and 
gas waste.
    Interior well means any well or similar collection component located 
inside the perimeter of the landfill waste. A perimeter well located 
outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are 
placed for permanent disposal, and that is not a land application unit, 
surface impoundment, injection well, or waste pile as those terms are 
defined under Sec. 257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste 
boundaries of an existing MSW landfill. A lateral expansion is not a 
modification unless it results in an increase in the design capacity of 
the landfill.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either horizontal or vertical expansion 
based on its permitted design capacity as of May 30, 1991. Modification 
does not occur until the owner or operator commences construction on the 
horizontal or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or

[[Page 779]]

on land. An MSW landfill may also receive other types of RCRA Subtitle D 
wastes (Sec. 257.2 of this title) such as commercial solid waste, 
nonhazardous sludge, conditionally exempt small quantity generator 
waste, and industrial solid waste. Portions of an MSW landfill may be 
separated by access roads. An MSW landfill may be publicly or privately 
owned. An MSW landfill may be a new MSW landfill, an existing MSW 
landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions 
means gas generated by the decomposition of organic waste deposited in 
an MSW landfill or derived from the evolution of organic compounds in 
the waste.
    NMOC means nonmethane organic compounds, as measured according to 
the provisions of Sec. 60.754.
    Nondegradable waste means any waste that does not decompose through 
chemical breakdown or microbiological activity. Examples are, but are 
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely 
uses positive pressure within the landfill to move the gas rather than 
using gas mover equipment.
    Sludge means any solid, semisolid, or liquid waste generated from a 
municipal, commercial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility, exclusive of 
the treated effluent from a wastewater treatment plant.
    Solid waste means any garbage, sludge from a wastewater treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, and agricultural operations, and from community activities, but 
does not include solid or dissolved material in domestic sewage, or 
solid or dissolved materials in irrigation return flows or industrial 
discharges that are point sources subject to permits under 33 U.S.C. 
1342, or source, special nuclear, or by-product material as defined by 
the Atomic Energy Act of 1954, as amended (42 U.S.C 2011 et seq.).
    Sufficient density means any number, spacing, and combination of 
collection system components, including vertical wells, horizontal 
collectors, and surface collectors, necessary to maintain emission and 
migration control as determined by measures of performance set forth in 
this part.
    Sufficient extraction rate means a rate sufficient to maintain a 
negative pressure at all wellheads in the collection system without 
causing air infiltration, including any wellheads connected to the 
system as a result of expansion or excess surface emissions, for the 
life of the blower.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998; 64 
FR 9262, Feb. 24, 1999]



Sec. 60.752  Standards for air emissions from municipal solid
waste landfills.

    (a) Each owner or operator of an MSW landfill having a design 
capacity less than 2.5 million megagrams by mass or 2.5 million cubic 
meters by volume shall submit an initial design capacity report to the 
Administrator as provided in Sec. 60.757(a). The landfill may calculate 
design capacity in either megagrams or cubic meters for comparison with 
the exemption values. Any density conversions shall be documented and 
submitted with the report. Submittal of the initial design capacity 
report shall fulfill the requirements of this subpart except as provided 
for in paragraphs (a)(1) and (a)(2) of this section.
    (1) The owner or operator shall submit to the Administrator an 
amended design capacity report, as provided for in Sec. 60.757(a)(3).
    (2) When an increase in the maximum design capacity of a landfill 
exempted from the provisions of Sec. 60.752(b) through Sec. 60.759 of 
this subpart on the basis of the design capacity exemption in paragraph 
(a) of this section results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator shall comply with the provision of paragraph (b) 
of this section.

[[Page 780]]

    (b) Each owner or operator of an MSW landfill having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters, shall either comply with paragraph (b)(2) of this section 
or calculate an NMOC emission rate for the landfill using the procedures 
specified in Sec. 60.754. The NMOC emission rate shall be recalculated 
annually, except as provided in Sec. 60.757(b)(1)(ii) of this subpart. 
The owner or operator of an MSW landfill subject to this subpart with a 
design capacity greater than or equal to 2.5 million megagrams and 2.5 
million cubic meters is subject to part 70 or 71 permitting 
requirements.
    (1) If the calculated NMOC emission rate is less than 50 megagrams 
per year, the owner or operator shall:
    (i) Submit an annual emission report to the Administrator, except as 
provided for in Sec. 60.757(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec. 60.754(a)(1) until such time as the 
calculated NMOC emission rate is equal to or greater than 50 megagrams 
per year, or the landfill is closed.
    (A) If the NMOC emission rate, upon recalculation required in 
paragraph (b)(1)(ii) of this section, is equal to or greater than 50 
megagrams per year, the owner or operator shall install a collection and 
control system in compliance with paragraph (b)(2) of this section.
    (B) If the landfill is permanently closed, a closure notification 
shall be submitted to the Administrator as provided for in Sec. 
60.757(d).
    (2) If the calculated NMOC emission rate is equal to or greater than 
50 megagrams per year, the owner or operator shall:
    (i) Submit a collection and control system design plan prepared by a 
professional engineer to the Administrator within 1 year:
    (A) The collection and control system as described in the plan shall 
meet the design requirements of paragraph (b)(2)(ii) of this section.
    (B) The collection and control system design plan shall include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping or reporting provisions 
of Sec. Sec. 60.753 through 60.758 proposed by the owner or operator.
    (C) The collection and control system design plan shall either 
conform with specifications for active collection systems in Sec. 
60.759 or include a demonstration to the Administrator's satisfaction of 
the sufficiency of the alternative provisions to Sec. 60.759.
    (D) The Administrator shall review the information submitted under 
paragraphs (b)(2)(i) (A),(B) and (C) of this section and either approve 
it, disapprove it, or request that additional information be submitted. 
Because of the many site-specific factors involved with landfill gas 
system design, alternative systems may be necessary. A wide variety of 
system designs are possible, such as vertical wells, combination 
horizontal and vertical collection systems, or horizontal trenches only, 
leachate collection components, and passive systems.
    (ii) Install a collection and control system that captures the gas 
generated within the landfill as required by paragraphs (b)(2)(ii)(A) or 
(B) and (b)(2)(iii) of this section within 30 months after the first 
annual report in which the emission rate equals or exceeds 50 megagrams 
per year, unless Tier 2 or Tier 3 sampling demonstrates that the 
emission rate is less than 50 megagrams per year, as specified in Sec. 
60.757(c)(1) or (2).
    (A) An active collection system shall:
    (1) Be designed to handle the maximum expected gas flow rate from 
the entire area of the landfill that warrants control over the intended 
use period of the gas control or treatment system equipment;
    (2) Collect gas from each area, cell, or group of cells in the 
landfill in which the initial solid waste has been placed for a period 
of:
    (i) 5 years or more if active; or
    (ii) 2 years or more if closed or at final grade.
    (3) Collect gas at a sufficient extraction rate;
    (4) Be designed to minimize off-site migration of subsurface gas.
    (B) A passive collection system shall:
    (1) Comply with the provisions specified in paragraphs 
(b)(2)(ii)(A)(1), (2), and (2)(ii)(A)(4) of this section.

[[Page 781]]

    (2) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners shall be installed as 
required under Sec. 258.40.
    (iii) Route all the collected gas to a control system that complies 
with the requirements in either paragraph (b)(2)(iii) (A), (B) or (C) of 
this section.
    (A) An open flare designed and operated in accordance with Sec. 
60.18 except as noted in Sec. 60.754(e);
    (B) A control system designed and operated to reduce NMOC by 98 
weight-percent, or, when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight percent or reduce the outlet 
NMOC concentration to less than 20 parts per million by volume, dry 
basis as hexane at 3 percent oxygen. The reduction efficiency or parts 
per million by volume shall be established by an initial performance 
test to be completed no later than 180 days after the initial startup of 
the approved control system using the test methods specified in Sec. 
60.754(d).
    (1) If a boiler or process heater is used as the control device, the 
landfill gas stream shall be introduced into the flame zone.
    (2) The control device shall be operated within the parameter ranges 
established during the initial or most recent performance test. The 
operating parameters to be monitored are specified in Sec. 60.756;
    (C) Route the collected gas to a treatment system that processes the 
collected gas for subsequent sale or use. All emissions from any 
atmospheric vent from the gas treatment system shall be subject to the 
requirements of paragraph (b)(2)(iii) (A) or (B) of this section.
    (iv) Operate the collection and control device installed to comply 
with this subpart in accordance with the provisions of Sec. Sec. 
60.753, 60.755 and 60.756.
    (v) The collection and control system may be capped or removed 
provided that all the conditions of paragraphs (b)(2)(v) (A), (B), and 
(C) of this section are met:
    (A) The landfill shall be a closed landfill as defined in Sec. 
60.751 of this subpart. A closure report shall be submitted to the 
Administrator as provided in Sec. 60.757(d);
    (B) The collection and control system shall have been in operation a 
minimum of 15 years; and
    (C) Following the procedures specified in Sec. 60.754(b) of this 
subpart, the calculated NMOC gas produced by the landfill shall be less 
than 50 megagrams per year on three successive test dates. The test 
dates shall be no less than 90 days apart, and no more than 180 days 
apart.
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this subpart 
with a design capacity less than 2.5 million megagrams or 2.5 million 
cubic meters is not subject to the requirement to obtain an operating 
permit for the landfill under part 70 or 71 of this chapter, unless the 
landfill is otherwise subject to either part 70 or 71. For purposes of 
submitting a timely application for an operating permit under part 70 or 
71, the owner or operator of a MSW landfill subject to this subpart with 
a design capacity greater than or equal to 2.5 million megagrams and 2.5 
million cubic meters, and not otherwise subject to either part 70 or 71, 
becomes subject to the requirements of Sec. Sec. 70.5(a)(1)(i) or 
71.5(a)(1)(i) of this chapter, regardless of when the design capacity 
report is actually submitted, no later than:
    (1) June 10, 1996 for MSW landfills that commenced construction, 
modification, or reconstruction on or after May 30, 1991 but before 
March 12, 1996;
    (2) Ninety days after the date of commenced construction, 
modification, or reconstruction for MSW landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
    (d) When a MSW landfill subject to this subpart is closed, the owner 
or operator is no longer subject to the requirement to maintain an 
operating permit under part 70 or 71 of this chapter for the landfill if 
the landfill is not otherwise subject to the requirements of either part 
70 or 71 and if either of the following conditions are met:
    (1) The landfill was never subject to the requirement for a control 
system under paragraph (b)(2) of this section; or

[[Page 782]]

    (2) The owner or operator meets the conditions for control system 
removal specified in paragraph (b)(2)(v) of this section.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32751, June 16, 1998; 65 
FR 18908, Apr. 10, 2000; 71 FR 55127, Sept. 21, 2006]



Sec. 60.753  Operational standards for collection and control systems.

    Each owner or operator of an MSW landfill with a gas collection and 
control system used to comply with the provisions of Sec. 
60.752(b)(2)(ii) of this subpart shall:
    (a) Operate the collection system such that gas is collected from 
each area, cell, or group of cells in the MSW landfill in which solid 
waste has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each 
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator 
shall record instances when positive pressure occurs in efforts to avoid 
a fire. These records shall be submitted with the annual reports as 
provided in Sec. 60.757(f)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator 
shall develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive 
pressure after shut down to accommodate for declining flows. All design 
changes shall be approved by the Administrator;
    (c) Operate each interior wellhead in the collection system with a 
landfill gas temperature less than 55 [deg]C and with either a nitrogen 
level less than 20 percent or an oxygen level less than 5 percent. The 
owner or operator may establish a higher operating temperature, 
nitrogen, or oxygen value at a particular well. A higher operating value 
demonstration shall show supporting data that the elevated parameter 
does not cause fires or significantly inhibit anaerobic decomposition by 
killing methanogens.
    (1) The nitrogen level shall be determined using Method 3C, unless 
an alternative test method is established as allowed by Sec. 
60.752(b)(2)(i) of this subpart.
    (2) Unless an alternative test method is established as allowed by 
Sec. 60.752(b)(2)(i) of this subpart, the oxygen shall be determined by 
an oxygen meter using Method 3A or 3C except that:
    (i) The span shall be set so that the regulatory limit is between 20 
and 50 percent of the span;
    (ii) A data recorder is not required;
    (iii) Only two calibration gases are required, a zero and span, and 
ambient air may be used as the span;
    (iv) A calibration error check is not required;
    (v) The allowable sample bias, zero drift, and calibration drift are 
10 percent.
    (d) Operate the collection system so that the methane concentration 
is less than 500 parts per million above background at the surface of 
the landfill. To determine if this level is exceeded, the owner or 
operator shall conduct surface testing around the perimeter of the 
collection area and along a pattern that traverses the landfill at 30 
meter intervals and where visual observations indicate elevated 
concentrations of landfill gas, such as distressed vegetation and cracks 
or seeps in the cover. The owner or operator may establish an 
alternative traversing pattern that ensures equivalent coverage. A 
surface monitoring design plan shall be developed that includes a 
topographical map with the monitoring route and the rationale for any 
site-specific deviations from the 30 meter intervals. Areas with steep 
slopes or other dangerous areas may be excluded from the surface 
testing.
    (e) Operate the system such that all collected gases are vented to a 
control system designed and operated in compliance with Sec. 
60.752(b)(2)(iii). In the event the collection or control system is 
inoperable, the gas mover system shall be shut down and all valves in 
the collection and control system contributing to venting of the gas to 
the atmosphere shall be closed within 1 hour; and
    (f) Operate the control or treatment system at all times when the 
collected gas is routed to the system.

[[Page 783]]

    (g) If monitoring demonstrates that the operational requirements in 
paragraphs (b), (c), or (d) of this section are not met, corrective 
action shall be taken as specified in Sec. 60.755(a)(3) through (5) or 
Sec. 60.755(c) of this subpart. If corrective actions are taken as 
specified in Sec. 60.755, the monitored exceedance is not a violation 
of the operational requirements in this section.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32751, June 16, 1998; 65 
FR 61778, Oct. 17, 2000]



Sec. 60.754  Test methods and procedures.

    (a)(1) The landfill owner or operator shall calculate the NMOC 
emission rate using either the equation provided in paragraph (a)(1)(i) 
of this section or the equation provided in paragraph (a)(1)(ii) of this 
section. Both equations may be used if the actual year-to-year solid 
waste acceptance rate is known, as specified in paragraph (a)(1)(i), for 
part of the life of the landfill and the actual year-to-year solid waste 
acceptance rate is unknown, as specified in paragraph (a)(1)(ii), for 
part of the life of the landfill. The values to be used in both 
equations are 0.05 per year for k, 170 cubic meters per megagram for 
LO, and 4,000 parts per million by volume as hexane for the 
CNMOC. For landfills located in geographical areas with a 
thirty year annual average precipitation of less than 25 inches, as 
measured at the nearest representative official meteorologic site, the k 
value to be used is 0.02 per year.
    (i) The following equation shall be used if the actual year-to-year 
solid waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR12MR96.025

where,

MNMOC=Total NMOC emission rate from the landfill, megagrams 
per year
k=methane generation rate constant, year-1
Lo=methane generation potential, cubic meters per megagram 
solid waste
Mi=mass of solid waste in the ith section, 
megagrams
ti=age of the ith section, years
CNMOC=concentration of NMOC, parts per million by volume as 
hexane
3.6 x 10-9=conversion factor

    The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value for Mi if documentation of the nature 
and amount of such wastes is maintained

    (ii) The following equation shall be used if the actual year-to-year 
solid waste acceptance rate is unknown.

MNMOC = 2Lo R (e-kc-e-kt) 
    CNMOC (3.6 x 10-9)

Where:

MNMOC=mass emission rate of NMOC, megagrams per year
Lo=methane generation potential, cubic meters per megagram 
solid waste
R=average annual acceptance rate, megagrams per year
k=methane generation rate constant, year-1
t = age of landfill, years
CNMOC=concentration of NMOC, parts per million by volume as 
hexane
c=time since closure, years; for active landfill c=O and 
e-kc1
3.6x10-9=conversion factor

    The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value of R, if documentation of the nature and amount of 
such wastes is maintained.
    (2) Tier 1. The owner or operator shall compare the calculated NMOC 
mass emission rate to the standard of 50 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of this 
section is less than 50 megagrams per year, then the landfill owner 
shall submit an emission rate report as provided in Sec. 60.757(b)(1), 
and shall recalculate the NMOC mass emission rate annually as required 
under Sec. 60.752(b)(1).
    (ii) If the calculated NMOC emission rate is equal to or greater 
than 50 megagrams per year, then the landfill owner shall either comply 
with

[[Page 784]]

Sec. 60.752(b)(2), or determine a site-specific NMOC concentration and 
recalculate the NMOC emission rate using the procedures provided in 
paragraph (a)(3) of this section.
    (3) Tier 2. The landfill owner or operator shall determine the NMOC 
concentration using the following sampling procedure. The landfill owner 
or operator shall install at least two sample probes per hectare of 
landfill surface that has retained waste for at least 2 years. If the 
landfill is larger than 25 hectares in area, only 50 samples are 
required. The sample probes should be located to avoid known areas of 
nondegradable solid waste. The owner or operator shall collect and 
analyze one sample of landfill gas from each probe to determine the NMOC 
concentration using Method 25 or 25C of appendix A of this part. Method 
18 of appendix A of this part may be used to analyze the samples 
collected by the Method 25 or 25C sampling procedure. Taking composite 
samples from different probes into a single cylinder is allowed; 
however, equal sample volumes must be taken from each probe. For each 
composite, the sampling rate, collection times, beginning and ending 
cylinder vacuums, or alternative volume measurements must be recorded to 
verify that composite volumes are equal. Composite sample volumes should 
not be less than one liter unless evidence can be provided to 
substantiate the accuracy of smaller volumes. Terminate compositing 
before the cylinder approaches ambient pressure where measurement 
accuracy diminishes. If using Method 18, the owner or operator must 
identify all compounds in the sample and, as a minimum, test for those 
compounds published in the most recent Compilation of Air Pollutant 
Emission Factors (AP-42), minus carbon monoxide, hydrogen sulfide, and 
mercury. As a minimum, the instrument must be calibrated for each of the 
compounds on the list. Convert the concentration of each Method 18 
compound to CNMOC as hexane by multiplying by the ratio of 
its carbon atoms divided by six. If more than the required number of 
samples are taken, all samples must be used in the analysis. The 
landfill owner or operator must divide the NMOC concentration from 
Method 25 or 25C of appendix A of this part by six to convert from 
CNMOC as carbon to CNMOC as hexane. If the 
landfill has an active or passive gas removal system in place, Method 25 
or 25C samples may be collected from these systems instead of surface 
probes provided the removal system can be shown to provide sampling as 
representative as the two sampling probe per hectare requirement. For 
active collection systems, samples may be collected from the common 
header pipe before the gas moving or condensate removal equipment. For 
these systems, a minimum of three samples must be collected from the 
header pipe.
    (i) The landfill owner or operator shall recalculate the NMOC mass 
emission rate using the equations provided in paragraph (a)(1)(i) or 
(a)(1)(ii) of this section and using the average NMOC concentration from 
the collected samples instead of the default value in the equation 
provided in paragraph (a)(1) of this section.
    (ii) If the resulting mass emission rate calculated using the site-
specific NMOC concentration is equal to or greater than 50 megagrams per 
year, then the landfill owner or operator shall either comply with Sec. 
60.752(b)(2), or determine the site-specific methane generation rate 
constant and recalculate the NMOC emission rate using the site-specific 
methane generation rate using the procedure specified in paragraph 
(a)(4) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 50 
megagrams per year, the owner or operator shall submit a periodic 
estimate of the emission rate report as provided in Sec. 60.757(b)(1) 
and retest the site-specific NMOC concentration every 5 years using the 
methods specified in this section.
    (4) Tier 3. The site-specific methane generation rate constant shall 
be determined using the procedures provided in Method 2E of appendix A 
of this part. The landfill owner or operator shall estimate the NMOC 
mass emission rate using equations in paragraph (a)(1)(i) or (a)(1)(ii) 
of this section and

[[Page 785]]

using a site-specific methane generation rate constant k, and the site-
specific NMOC concentration as determined in paragraph (a)(3) of this 
section instead of the default values provided in paragraph (a)(1) of 
this section. The landfill owner or operator shall compare the resulting 
NMOC mass emission rate to the standard of 50 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the site-
specific methane generation rate and concentration of NMOC is equal to 
or greater than 50 megagrams per year, the owner or operator shall 
comply with Sec. 60.752(b)(2).
    (ii) If the NMOC mass emission rate is less than 50 megagrams per 
year, then the owner or operator shall submit a periodic emission rate 
report as provided in Sec. 60.757(b)(1) and shall recalculate the NMOC 
mass emission rate annually, as provided in Sec. 60.757(b)(1) using the 
equations in paragraph (a)(1) of this section and using the site-
specific methane generation rate constant and NMOC concentration 
obtained in paragraph (a)(3) of this section. The calculation of the 
methane generation rate constant is performed only once, and the value 
obtained from this test shall be used in all subsequent annual NMOC 
emission rate calculations.
    (5) The owner or operator may use other methods to determine the 
NMOC concentration or a site-specific k as an alternative to the methods 
required in paragraphs (a)(3) and (a)(4) of this section if the method 
has been approved by the Administrator.
    (b) After the installation of a collection and control system in 
compliance with Sec. 60.755, the owner or operator shall calculate the 
NMOC emission rate for purposes of determining when the system can be 
removed as provided in Sec. 60.752(b)(2)(v), using the following 
equation:

MNMOC = 1.89 x 10-3 QLFG 
    CNMOC

where,

MNMOC = mass emission rate of NMOC, megagrams per year
QLFG = flow rate of landfill gas, cubic meters per minute
CNMOC = NMOC concentration, parts per million by volume as 
hexane

    (1) The flow rate of landfill gas, QLFG, shall be 
determined by measuring the total landfill gas flow rate at the common 
header pipe that leads to the control device using a gas flow measuring 
device calibrated according to the provisions of section 4 of Method 2E 
of appendix A of this part.
    (2) The average NMOC concentration, CNMOC, shall be 
determined by collecting and analyzing landfill gas sampled from the 
common header pipe before the gas moving or condensate removal equipment 
using the procedures in Method 25C or Method 18 of appendix A of this 
part. If using Method 18 of appendix A of this part, the minimum list of 
compounds to be tested shall be those published in the most recent 
Compilation of Air Pollutant Emission Factors (AP-42). The sample 
location on the common header pipe shall be before any condensate 
removal or other gas refining units. The landfill owner or operator 
shall divide the NMOC concentration from Method 25C of appendix A of 
this part by six to convert from CNMOC as carbon to 
CNMOC as hexane.
    (3) The owner or operator may use another method to determine 
landfill gas flow rate and NMOC concentration if the method has been 
approved by the Administrator.
    (c) When calculating emissions for PSD purposes, the owner or 
operator of each MSW landfill subject to the provisions of this subpart 
shall estimate the NMOC emission rate for comparison to the PSD major 
source and significance levels in Sec. Sec. 51.166 or 52.21 of this 
chapter using AP-42 or other approved measurement procedures.
    (d) For the performance test required in Sec. 60.752(b)(2)(iii)(B), 
Method 25, 25C, or Method 18 of appendix A of this part must be used to 
determine compliance with the 98 weight-percent efficiency or the 20 
ppmv outlet concentration level, unless another method to demonstrate 
compliance has been approved by the Administrator as provided by Sec. 
60.752(b)(2)(i)(B). Method 3 or 3A shall be used to determine oxygen for 
correcting the NMOC concentration as hexane to 3 percent. In cases where 
the outlet concentration is less than 50 ppm NMOC as carbon (8 ppm NMOC 
as hexane), Method 25A should be used in place of Method 25. If using 
Method 18

[[Page 786]]

of appendix A of this part, the minimum list of compounds to be tested 
shall be those published in the most recent Compilation of Air Pollutant 
Emission Factors (AP-42). The following equation shall be used to 
calculate efficiency:

Control Efficiency = (NMOCin - NMOCout)/
    (NMOCin)

where,

NMOCin = mass of NMOC entering control device
NMOCout = mass of NMOC exiting control device
    (e) For the performance test required in Sec. 60.752(b)(2)(iii)(A), 
the net heating value of the combusted landfill gas as determined in 
Sec. 60.18(f)(3) is calculated from the concentration of methane in the 
landfill gas as measured by Method 3C. A minimum of three 30-minute 
Method 3C samples are determined. The measurement of other organic 
components, hydrogen, and carbon monoxide is not applicable. Method 3C 
may be used to determine the landfill gas molecular weight for 
calculating the flare gas exit velocity under Sec. 60.18(f)(4).

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32751, June 16, 1998; 65 
FR 18908, Apr. 10, 2000; 65 FR 61778, Oct. 17, 2000; 71 FR 55127, Sept. 
21, 2006]



Sec. 60.755  Compliance provisions.

    (a) Except as provided in Sec. 60.752(b)(2)(i)(B), the specified 
methods in paragraphs (a)(1) through (a)(6) of this section shall be 
used to determine whether the gas collection system is in compliance 
with Sec. 60.752(b)(2)(ii).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec. 60.752(b)(2)(ii)(A)(1), one of the following equations shall be 
used. The k and Lo kinetic factors should be those published 
in the most recent Compilation of Air Pollutant Emission Factors (AP-42) 
or other site specific values demonstrated to be appropriate and 
approved by the Administrator. If k has been determined as specified in 
Sec. 60.754(a)(4), the value of k determined from the test shall be 
used. A value of no more than 15 years shall be used for the intended 
use period of the gas mover equipment. The active life of the landfill 
is the age of the landfill plus the estimated number of years until 
closure.
    (i) For sites with unknown year-to-year solid waste acceptance rate:

Qm = 2Lo R (e-kc - e-kt)

where,

Qm = maximum expected gas generation flow rate, cubic meters 
per year
Lo = methane generation potential, cubic meters per megagram 
solid waste
R = average annual acceptance rate, megagrams per year
k = methane generation rate constant, year-1
t = age of the landfill at equipment installation plus the time the 
owner or operator intends to use the gas mover equipment or active life 
of the landfill, whichever is less. If the equipment is installed after 
closure, t is the age of the landfill at installation, years
c = time since closure, years (for an active landfill c = O and 
e-kc = 1)

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR12MR96.026
    
where,

QM=maximum expected gas generation flow rate, cubic meters 
per year
k=methane generation rate constant, year-1
Lo=methane generation potential, cubic meters per megagram 
solid waste
Mi=mass of solid waste in the ith section, 
megagrams
ti=age of the ith section, years

    (iii) If a collection and control system has been installed, actual 
flow data may be used to project the maximum expected gas generation 
flow rate instead of, or in conjunction with, the equations in 
paragraphs (a)(1) (i) and (ii) of this section. If the landfill is still 
accepting waste, the actual measured flow data will not equal the 
maximum expected gas generation rate, so calculations using the 
equations in paragraphs (a)(1) (i) or (ii) or other methods shall be 
used to predict the maximum expected gas generation rate over the 
intended period of use of the gas control system equipment.
    (2) For the purposes of determining sufficient density of gas 
collectors for compliance with Sec. 60.752(b)(2)(ii)(A)(2),

[[Page 787]]

the owner or operator shall design a system of vertical wells, 
horizontal collectors, or other collection devices, satisfactory to the 
Administrator, capable of controlling and extracting gas from all 
portions of the landfill sufficient to meet all operational and 
performance standards.
    (3) For the purpose of demonstrating whether the gas collection 
system flow rate is sufficient to determine compliance with Sec. 
60.752(b)(2)(ii)(A)(3), the owner or operator shall measure gauge 
pressure in the gas collection header at each individual well, monthly. 
If a positive pressure exists, action shall be initiated to correct the 
exceedance within 5 calendar days, except for the three conditions 
allowed under Sec. 60.753(b). If negative pressure cannot be achieved 
without excess air infiltration within 15 calendar days of the first 
measurement, the gas collection system shall be expanded to correct the 
exceedance within 120 days of the initial measurement of positive 
pressure. Any attempted corrective measure shall not cause exceedances 
of other operational or performance standards. An alternative timeline 
for correcting the exceedance may be submitted to the Administrator for 
approval.
    (4) Owners or operators are not required to expand the system as 
required in paragraph (a)(3) of this section during the first 180 days 
after gas collection system startup.
    (5) For the purpose of identifying whether excess air infiltration 
into the landfill is occurring, the owner or operator shall monitor each 
well monthly for temperature and nitrogen or oxygen as provided in Sec. 
60.753(c). If a well exceeds one of these operating parameters, action 
shall be initiated to correct the exceedance within 5 calendar days. If 
correction of the exceedance cannot be achieved within 15 calendar days 
of the first measurement, the gas collection system shall be expanded to 
correct the exceedance within 120 days of the initial exceedance. Any 
attempted corrective measure shall not cause exceedances of other 
operational or performance standards. An alternative timeline for 
correcting the exceedance may be submitted to the Administrator for 
approval.
    (6) An owner or operator seeking to demonstrate compliance with 
Sec. 60.752(b)(2)(ii)(A)(4) through the use of a collection system not 
conforming to the specifications provided in Sec. 60.759 shall provide 
information satisfactory to the Administrator as specified in Sec. 
60.752(b)(2)(i)(C) demonstrating that off-site migration is being 
controlled.
    (b) For purposes of compliance with Sec. 60.753(a), each owner or 
operator of a controlled landfill shall place each well or design 
component as specified in the approved design plan as provided in Sec. 
60.752(b)(2)(i). Each well shall be installed no later than 60 days 
after the date on which the initial solid waste has been in place for a 
period of:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade.
    (c) The following procedures shall be used for compliance with the 
surface methane operational standard as provided in Sec. 60.753(d).
    (1) After installation of the collection system, the owner or 
operator shall monitor surface concentrations of methane along the 
entire perimeter of the collection area and along a pattern that 
traverses the landfill at 30 meter intervals (or a site-specific 
established spacing) for each collection area on a quarterly basis using 
an organic vapor analyzer, flame ionization detector, or other portable 
monitor meeting the specifications provided in paragraph (d) of this 
section.
    (2) The background concentration shall be determined by moving the 
probe inlet upwind and downwind outside the boundary of the landfill at 
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring shall be performed in accordance 
with section 4.3.1 of Method 21 of appendix A of this part, except that 
the probe inlet shall be placed within 5 to 10 centimeters of the 
ground. Monitoring shall be performed during typical meteorological 
conditions.
    (4) Any reading of 500 parts per million or more above background at 
any location shall be recorded as a monitored exceedance and the actions 
specified in paragraphs (c)(4) (i) through (v) of this section shall be 
taken. As long as the specified actions are taken, the

[[Page 788]]

exceedance is not a violation of the operational requirements of Sec. 
60.753(d).
    (i) The location of each monitored exceedance shall be marked and 
the location recorded.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in the vicinity of each exceedance 
shall be made and the location shall be re-monitored within 10 calendar 
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action shall be taken and the location 
shall be monitored again within 10 days of the second exceedance. If the 
re-monitoring shows a third exceedance for the same location, the action 
specified in paragraph (c)(4)(v) of this section shall be taken, and no 
further monitoring of that location is required until the action 
specified in paragraph (c)(4)(v) has been taken.
    (iv) Any location that initially showed an exceedance but has a 
methane concentration less than 500 ppm methane above background at the 
10-day re-monitoring specified in paragraph (c)(4) (ii) or (iii) of this 
section shall be re-monitored 1 month from the initial exceedance. If 
the 1-month remonitoring shows a concentration less than 500 parts per 
million above background, no further monitoring of that location is 
required until the next quarterly monitoring period. If the 1-month 
remonitoring shows an exceedance, the actions specified in paragraph 
(c)(4) (iii) or (v) shall be taken.
    (v) For any location where monitored methane concentration equals or 
exceeds 500 parts per million above background three times within a 
quarterly period, a new well or other collection device shall be 
installed within 120 calendar days of the initial exceedance. An 
alternative remedy to the exceedance, such as upgrading the blower, 
header pipes or control device, and a corresponding timeline for 
installation may be submitted to the Administrator for approval.
    (5) The owner or operator shall implement a program to monitor for 
cover integrity and implement cover repairs as necessary on a monthly 
basis.
    (d) Each owner or operator seeking to comply with the provisions in 
paragraph (c) of this section shall comply with the following 
instrumentation specifications and procedures for surface emission 
monitoring devices:
    (1) The portable analyzer shall meet the instrument specifications 
provided in section 3 of Method 21 of appendix A of this part, except 
that ``methane'' shall replace all references to VOC.
    (2) The calibration gas shall be methane, diluted to a nominal 
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section 3.1.3 
of Method 21 of appendix A of this part, the instrument evaluation 
procedures of section 4.4 of Method 21 of appendix A of this part shall 
be used.
    (4) The calibration procedures provided in section 4.2 of Method 21 
of appendix A of this part shall be followed immediately before 
commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, except during 
periods of start-up, shutdown, or malfunction, provided that the 
duration of start-up, shutdown, or malfunction shall not exceed 5 days 
for collection systems and shall not exceed 1 hour for treatment or 
control devices.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32752, June 16, 1998]



Sec. 60.756  Monitoring of operations.

    Except as provided in Sec. 60.752(b)(2)(i)(B),
    (a) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(ii)(A) for an active gas collection system shall install a 
sampling port and a thermometer, other temperature measuring device, or 
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a 
monthly basis as provided in Sec. 60.755(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as provided in Sec. 60.755(a)(5); and
    (3) Monitor temperature of the landfill gas on a monthly basis as 
provided in Sec. 60.755(a)(5).
    (b) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(iii) using an enclosed combustor shall calibrate,

[[Page 789]]

maintain, and operate according to the manufacturer's specifications, 
the following equipment.
    (1) A temperature monitoring device equipped with a continuous 
recorder and having a minimum accuracy of 1 
percent of the temperature being measured expressed in degrees Celsius 
or 0.5 degrees Celsius, whichever is greater. A 
temperature monitoring device is not required for boilers or process 
heaters with design heat input capacity equal to or greater than 44 
megawatts.
    (2) A device that records flow to or bypass of the control device. 
The owner or operator shall either:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that shall record the flow to the control device at least every 
15 minutes; or
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and that 
the gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(iii) using an open flare shall install, calibrate, 
maintain, and operate according to the manufacturer's specifications the 
following equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or 
thermocouple, at the pilot light or the flame itself to indicate the 
continuous presence of a flame.
    (2) A device that records flow to or bypass of the flare. The owner 
or operator shall either:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that shall record the flow to the control device at least every 
15 minutes; or
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and that 
the gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with 
Sec. 60.752(b)(2)(iii) using a device other than an open flare or an 
enclosed combustor shall provide information satisfactory to the 
Administrator as provided in Sec. 60.752(b)(2)(i)(B) describing the 
operation of the control device, the operating parameters that would 
indicate proper performance, and appropriate monitoring procedures. The 
Administrator shall review the information and either approve it, or 
request that additional information be submitted. The Administrator may 
specify additional appropriate monitoring procedures.
    (e) Each owner or operator seeking to install a collection system 
that does not meet the specifications in Sec. 60.759 or seeking to 
monitor alternative parameters to those required by Sec. 60.753 through 
Sec. 60.756 shall provide information satisfactory to the Administrator 
as provided in Sec. 60.752(b)(2)(i) (B) and (C) describing the design 
and operation of the collection system, the operating parameters that 
would indicate proper performance, and appropriate monitoring 
procedures. The Administrator may specify additional appropriate 
monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with 
Sec. 60.755(c), shall monitor surface concentrations of methane 
according to the instrument specifications and procedures provided in 
Sec. 60.755(d). Any closed landfill that has no monitored exceedances 
of the operational standard in three consecutive quarterly monitoring 
periods may skip to annual monitoring. Any methane reading of 500 ppm or 
more above background detected during the annual monitoring returns the 
frequency for that landfill to quarterly monitoring.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32752, June 16, 1998; 65 
FR 18909, Apr. 10, 2000]



Sec. 60.757  Reporting requirements.

    Except as provided in Sec. 60.752(b)(2)(i)(B),
    (a) Each owner or operator subject to the requirements of this 
subpart shall submit an initial design capacity report to the 
Administrator.
    (1) The initial design capacity report shall fulfill the 
requirements of the notification of the date construction is

[[Page 790]]

commenced as required by Sec. 60.7(a)(1) and shall be submitted no 
later than:
    (i) June 10, 1996, for landfills that commenced construction, 
modification, or reconstruction on or after May 30, 1991 but before 
March 12, 1996 or
    (ii) Ninety days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
    (2) The initial design capacity report shall contain the following 
information:
    (i) A map or plot of the landfill, providing the size and location 
of the landfill, and identifying all areas where solid waste may be 
landfilled according to the permit issued by the State, local, or tribal 
agency responsible for regulating the landfill.
    (ii) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the permit issued by the State, local, 
or tribal agency responsible for regulating the landfill, a copy of the 
permit specifying the maximum design capacity may be submitted as part 
of the report. If the maximum design capacity of the landfill is not 
specified in the permit, the maximum design capacity shall be calculated 
using good engineering practices. The calculations shall be provided, 
along with the relevant parameters as part of the report. The State, 
Tribal, local agency or Administrator may request other reasonable 
information as may be necessary to verify the maximum design capacity of 
the landfill.
    (3) An amended design capacity report shall be submitted to the 
Administrator providing notification of an increase in the design 
capacity of the landfill, within 90 days of an increase in the maximum 
design capacity of the landfill to or above 2.5 million megagrams and 
2.5 million cubic meters. This increase in design capacity may result 
from an increase in the permitted volume of the landfill or an increase 
in the density as documented in the annual recalculation required in 
Sec. 60.758(f).
    (b) Each owner or operator subject to the requirements of this 
subpart shall submit an NMOC emission rate report to the Administrator 
initially and annually thereafter, except as provided for in paragraphs 
(b)(1)(ii) or (b)(3) of this section. The Administrator may request such 
additional information as may be necessary to verify the reported NMOC 
emission rate.
    (1) The NMOC emission rate report shall contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec. 60.754(a) or (b), as applicable.
    (i) The initial NMOC emission rate report may be combined with the 
initial design capacity report required in paragraph (a) of this section 
and shall be submitted no later than indicated in paragraphs 
(b)(1)(i)(A) and (B) of this section. Subsequent NMOC emission rate 
reports shall be submitted annually thereafter, except as provided for 
in paragraphs (b)(1)(ii) and (b)(3) of this section.
    (A) June 10, 1996, for landfills that commenced construction, 
modification, or reconstruction on or after May 30, 1991, but before 
March 12, 1996, or
    (B) Ninety days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction on or after March 12, 
1996.
    (ii) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 50 megagrams per year in each 
of the next 5 consecutive years, the owner or operator may elect to 
submit an estimate of the NMOC emission rate for the next 5-year period 
in lieu of the annual report. This estimate shall include the current 
amount of solid waste-in-place and the estimated waste acceptance rate 
for each year of the 5 years for which an NMOC emission rate is 
estimated. All data and calculations upon which this estimate is based 
shall be provided to the Administrator. This estimate shall be revised 
at least once every 5 years. If the actual waste acceptance rate exceeds 
the estimated waste acceptance rate in any year reported in the 5-year 
estimate, a revised 5-year estimate shall be submitted to

[[Page 791]]

the Administrator. The revised estimate shall cover the 5-year period 
beginning with the year in which the actual waste acceptance rate 
exceeded the estimated waste acceptance rate.
    (2) The NMOC emission rate report shall include all the data, 
calculations, sample reports and measurements used to estimate the 
annual or 5-year emissions.
    (3) Each owner or operator subject to the requirements of this 
subpart is exempted from the requirements of paragraphs (b)(1) and (2) 
of this section, after the installation of a collection and control 
system in compliance with Sec. 60.752(b)(2), during such time as the 
collection and control system is in operation and in compliance with 
Sec. Sec. 60.753 and 60.755.
    (c) Each owner or operator subject to the provisions of Sec. 
60.752(b)(2)(i) shall submit a collection and control system design plan 
to the Administrator within 1 year of the first report required under 
paragraph (b) of this section in which the emission rate equals or 
exceeds 50 megagrams per year, except as follows:
    (1) If the owner or operator elects to recalculate the NMOC emission 
rate after Tier 2 NMOC sampling and analysis as provided in Sec. 
60.754(a)(3) and the resulting rate is less than 50 megagrams per year, 
annual periodic reporting shall be resumed, using the Tier 2 determined 
site-specific NMOC concentration, until the calculated emission rate is 
equal to or greater than 50 megagrams per year or the landfill is 
closed. The revised NMOC emission rate report, with the recalculated 
emission rate based on NMOC sampling and analysis, shall be submitted 
within 180 days of the first calculated exceedance of 50 megagrams per 
year.
    (2) If the owner or operator elects to recalculate the NMOC emission 
rate after determining a site-specific methane generation rate constant 
(k), as provided in Tier 3 in Sec. 60.754(a)(4), and the resulting NMOC 
emission rate is less than 50 Mg/yr, annual periodic reporting shall be 
resumed. The resulting site-specific methane generation rate constant 
(k) shall be used in the emission rate calculation until such time as 
the emissions rate calculation results in an exceedance. The revised 
NMOC emission rate report based on the provisions of Sec. 60.754(a)(4) 
and the resulting site-specific methane generation rate constant (k) 
shall be submitted to the Administrator within 1 year of the first 
calculated emission rate exceeding 50 megagrams per year.
    (d) Each owner or operator of a controlled landfill shall submit a 
closure report to the Administrator within 30 days of waste acceptance 
cessation. The Administrator may request additional information as may 
be necessary to verify that permanent closure has taken place in 
accordance with the requirements of 40 CFR 258.60. If a closure report 
has been submitted to the Administrator, no additional wastes may be 
placed into the landfill without filing a notification of modification 
as described under Sec. 60.7(a)(4).
    (e) Each owner or operator of a controlled landfill shall submit an 
equipment removal report to the Administrator 30 days prior to removal 
or cessation of operation of the control equipment.
    (1) The equipment removal report shall contain all of the following 
items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (d) of this section;
    (ii) A copy of the initial performance test report demonstrating 
that the 15 year minimum control period has expired; and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 50 megagrams or 
greater of NMOC per year.
    (2) The Administrator may request such additional information as may 
be necessary to verify that all of the conditions for removal in Sec. 
60.752(b)(2)(v) have been met.
    (f) Each owner or operator of a landfill seeking to comply with 
Sec. 60.752(b)(2) using an active collection system designed in 
accordance with Sec. 60.752(b)(2)(ii) shall submit to the Administrator 
annual reports of the recorded information in (f)(1) through (f)(6) of 
this paragraph. The initial annual report shall be submitted within 180 
days of installation and start-up of the collection and control system, 
and shall include the initial performance

[[Page 792]]

test report required under Sec. 60.8. For enclosed combustion devices 
and flares, reportable exceedances are defined under Sec. 60.758(c).
    (1) Value and length of time for exceedance of applicable parameters 
monitored under Sec. 60.756(a), (b), (c), and (d).
    (2) Description and duration of all periods when the gas stream is 
diverted from the control device through a bypass line or the indication 
of bypass flow as specified under Sec. 60.756.
    (3) Description and duration of all periods when the control device 
was not operating for a period exceeding 1 hour and length of time the 
control device was not operating.
    (4) All periods when the collection system was not operating in 
excess of 5 days.
    (5) The location of each exceedance of the 500 parts per million 
methane concentration as provided in Sec. 60.753(d) and the 
concentration recorded at each location for which an exceedance was 
recorded in the previous month.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to paragraphs (a)(3), (b), 
and (c)(4) of Sec. 60.755.
    (g) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(iii) shall include the following information with the 
initial performance test report required under Sec. 60.8:
    (1) A diagram of the collection system showing collection system 
positioning including all wells, horizontal collectors, surface 
collectors, or other gas extraction devices, including the locations of 
any areas excluded from collection and the proposed sites for the future 
collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal 
collectors, surface collectors, or other gas extraction devices and the 
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable 
material for each area from which collection wells have been excluded 
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from 
which collection wells have been excluded based on nonproductivity and 
the calculations of gas generation flow rate for each excluded area; and
    (5) The provisions for increasing gas mover equipment capacity with 
increased gas generation flow rate, if the present gas mover equipment 
is inadequate to move the maximum flow rate expected over the life of 
the landfill; and
    (6) The provisions for the control of off-site migration.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32752, June 16, 1998; 65 
FR 18909, Apr. 10, 2000]



Sec. 60.758  Recordkeeping requirements.

    (a) Except as provided in Sec. 60.752(b)(2)(i)(B), each owner or 
operator of an MSW landfill subject to the provisions of Sec. 60.752(b) 
shall keep for at least 5 years up-to-date, readily accessible, on-site 
records of the design capacity report which triggered Sec. 60.752(b), 
the current amount of solid waste in-place, and the year-by-year waste 
acceptance rate. Off-site records may be maintained if they are 
retrievable within 4 hours. Either paper copy or electronic formats are 
acceptable.
    (b) Except as provided in Sec. 60.752(b)(2)(i)(B), each owner or 
operator of a controlled landfill shall keep up-to-date, readily 
accessible records for the life of the control equipment of the data 
listed in paragraphs (b)(1) through (b)(4) of this section as measured 
during the initial performance test or compliance determination. Records 
of subsequent tests or monitoring shall be maintained for a minimum of 5 
years. Records of the control device vendor specifications shall be 
maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(ii):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec. 60.755(a)(1). The owner or operator may use another method to 
determine the maximum gas generation flow rate, if the method has been 
approved by the Administrator.
    (ii) The density of wells, horizontal collectors, surface 
collectors, or other gas extraction devices determined using the 
procedures specified in Sec. 60.759(a)(1).

[[Page 793]]

    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii) 
through use of an enclosed combustion device other than a boiler or 
process heater with a design heat input capacity equal to or greater 
than 44 megawatts:
    (i) The average combustion temperature measured at least every 15 
minutes and averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in Sec. 
60.752(b)(2)(iii)(B) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 
60.752(b)(2)(iii)(B)(1) through use of a boiler or process heater of any 
size: a description of the location at which the collected gas vent 
stream is introduced into the boiler or process heater over the same 
time period of the performance testing.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec. 60.752(b)(2)(iii)(A) 
through use of an open flare, the flare type (i.e., steam-assisted, air-
assisted, or nonassisted), all visible emission readings, heat content 
determination, flow rate or bypass flow rate measurements, and exit 
velocity determinations made during the performance test as specified in 
Sec. 60.18; continuous records of the flare pilot flame or flare flame 
monitoring and records of all periods of operations during which the 
pilot flame of the flare flame is absent.
    (c) Except as provided in Sec. 60.752(b)(2)(i)(B), each owner or 
operator of a controlled landfill subject to the provisions of this 
subpart shall keep for 5 years up-to-date, readily accessible continuous 
records of the equipment operating parameters specified to be monitored 
in Sec. 60.756 as well as up-to-date, readily accessible records for 
periods of operation during which the parameter boundaries established 
during the most recent performance test are exceeded.
    (1) The following constitute exceedances that shall be recorded and 
reported under Sec. 60.757(f):
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million British 
thermal unit per hour) or greater, all 3-hour periods of operation 
during which the average combustion temperature was more than 28 oC 
below the average combustion temperature during the most recent 
performance test at which compliance with Sec. 60.752(b)(2)(iii) was 
determined.
    (ii) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under paragraph (b)(3) of this section.
    (2) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
indication of flow to the control device or the indication of bypass 
flow or records of monthly inspections of car-seals or lock-and-key 
configurations used to seal bypass lines, specified under Sec. 60.756.
    (3) Each owner or operator subject to the provisions of this subpart 
who uses a boiler or process heater with a design heat input capacity of 
44 megawatts or greater to comply with Sec. 60.752(b)(2)(iii) shall 
keep an up-to-date, readily accessible record of all periods of 
operation of the boiler or process heater. (Examples of such records 
could include records of steam use, fuel use, or monitoring data 
collected pursuant to other State, local, Tribal, or Federal regulatory 
requirements.)
    (4) Each owner or operator seeking to comply with the provisions of 
this subpart by use of an open flare shall keep up-to-date, readily 
accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec. 60.756(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (d) Except as provided in Sec. 60.752(b)(2)(i)(B), each owner or 
operator subject to the provisions of this subpart shall keep for the 
life of the collection system an up-to-date, readily accessible plot map 
showing each existing and planned collector in the

[[Page 794]]

system and providing a unique identification location label for each 
collector.
    (1) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible records of the installation 
date and location of all newly installed collectors as specified under 
Sec. 60.755(b).
    (2) Each owner or operator subject to the provisions of this subpart 
shall keep readily accessible documentation of the nature, date of 
deposition, amount, and location of asbestos-containing or nondegradable 
waste excluded from collection as provided in Sec. 60.759(a)(3)(i) as 
well as any nonproductive areas excluded from collection as provided in 
Sec. 60.759(a)(3)(ii).
    (e) Except as provided in Sec. 60.752(b)(2)(i)(B), each owner or 
operator subject to the provisions of this subpart shall keep for at 
least 5 years up-to-date, readily accessible records of all collection 
and control system exceedances of the operational standards in Sec. 
60.753, the reading in the subsequent month whether or not the second 
reading is an exceedance, and the location of each exceedance.
    (f) Landfill owners or operators who convert design capacity from 
volume to mass or mass to volume to demonstrate that landfill design 
capacity is less than 2.5 million megagrams or 2.5 million cubic meters, 
as provided in the definition of ``design capacity'', shall keep readily 
accessible, on-site records of the annual recalculation of site-specific 
density, design capacity, and the supporting documentation. Off-site 
records may be maintained if they are retrievable within 4 hours. Either 
paper copy or electronic formats are acceptable.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32752, June 16, 1998; 65 
FR 18909, Apr. 10, 2000]



Sec. 60.759  Specifications for active collection systems.

    (a) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(i) shall site active collection wells, horizontal 
collectors, surface collectors, or other extraction devices at a 
sufficient density throughout all gas producing areas using the 
following procedures unless alternative procedures have been approved by 
the Administrator as provided in Sec. 60.752(b)(2)(i)(C) and (D):
    (1) The collection devices within the interior and along the 
perimeter areas shall be certified to achieve comprehensive control of 
surface gas emissions by a professional engineer. The following issues 
shall be addressed in the design: depths of refuse, refuse gas 
generation rates and flow characteristics, cover properties, gas system 
expandibility, leachate and condensate management, accessibility, 
compatibility with filling operations, integration with closure end use, 
air intrusion control, corrosion resistance, fill settlement, and 
resistance to the refuse decomposition heat.
    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section shall address landfill gas migration 
issues and augmentation of the collection system through the use of 
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph 
(a)(1) of this section shall control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (a)(3)(ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may be 
excluded from collection if documented as provided under Sec. 
60.758(d). The documentation shall provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area, and shall be provided to the Administrator upon 
request.
    (ii) Any nonproductive area of the landfill may be excluded from 
control, provided that the total of all excluded areas can be shown to 
contribute less than 1 percent of the total amount of NMOC emissions 
from the landfill. The amount, location, and age of the material shall 
be documented and provided to the Administrator upon request. A separate 
NMOC emissions estimate shall be made for each section proposed for 
exclusion, and the sum of all such sections shall be compared to the 
NMOC emissions estimate for the entire landfill. Emissions from each 
section shall be computed using the following equation:


[[Page 795]]


Qi = 2 k Lo Mi (e-kt i) 
    (CNMOC) (3.6 x 10-9)

where,

Qi = NMOC emission rate from the ith section, 
megagrams per year
k = methane generation rate constant, year-1
Lo = methane generation potential, cubic meters per megagram 
solid waste
Mi = mass of the degradable solid waste in the ith 
section, megagram
ti = age of the solid waste in the ith section, 
years
CNMOC = concentration of nonmethane organic compounds, parts 
per million by volume
3.6x10-9 = conversion factor

    (iii) The values for k and CNMOC determined in field 
testing shall be used if field testing has been performed in determining 
the NMOC emission rate or the radii of influence (this distance from the 
well center to a point in the landfill where the pressure gradient 
applied by the blower or compressor approaches zero). If field testing 
has not been performed, the default values for k, LO and 
CNMOC provided in Sec. 60.754(a)(1) or the alternative 
values from Sec. 60.754(a)(5) shall be used. The mass of nondegradable 
solid waste contained within the given section may be subtracted from 
the total mass of the section when estimating emissions provided the 
nature, location, age, and amount of the nondegradable material is 
documented as provided in paragraph (a)(3)(i) of this section.
    (b) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(i)(A) shall construct the gas collection devices using the 
following equipment or procedures:
    (1) The landfill gas extraction components shall be constructed of 
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, 
fiberglass, stainless steel, or other nonporous corrosion resistant 
material of suitable dimensions to: convey projected amounts of gases; 
withstand installation, static, and settlement forces; and withstand 
planned overburden or traffic loads. The collection system shall extend 
as necessary to comply with emission and migration standards. Collection 
devices such as wells and horizontal collectors shall be perforated to 
allow gas entry without head loss sufficient to impair performance 
across the intended extent of control. Perforations shall be situated 
with regard to the need to prevent excessive air infiltration.
    (2) Vertical wells shall be placed so as not to endanger underlying 
liners and shall address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal collectors 
shall be of sufficient cross-section so as to allow for their proper 
construction and completion including, for example, centering of pipes 
and placement of gravel backfill. Collection devices shall be designed 
so as not to allow indirect short circuiting of air into the cover or 
refuse into the collection system or gas into the air. Any gravel used 
around pipe perforations should be of a dimension so as not to penetrate 
or block perforations.
    (3) Collection devices may be connected to the collection header 
pipes below or above the landfill surface. The connector assembly shall 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices shall be constructed of PVC, HDPE, fiberglass, 
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with Sec. 
60.752(b)(2)(i)(A) shall convey the landfill gas to a control system in 
compliance with Sec. 60.752(b)(2)(iii) through the collection header 
pipe(s). The gas mover equipment shall be sized to handle the maximum 
gas generation flow rate expected over the intended use period of the 
gas moving equipment using the following procedures:
    (1) For existing collection systems, the flow data shall be used to 
project the maximum flow rate. If no flow data exists, the procedures in 
paragraph (c)(2) of this section shall be used.
    (2) For new collection systems, the maximum flow rate shall be in 
accordance with Sec. 60.755(a)(1).

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32753, June 16, 1998; 64 
FR 9262, Feb. 24, 1999; 65 FR 18909, Apr. 10, 2000]

[[Page 796]]



    Subpart AAAA_Standards of Performance for Small Municipal Waste 
 Combustion Units for Which Construction is Commenced After August 30, 
1999 or for Which Modification or Reconstruction is Commenced After June 
                                 6, 2001

    Source: 65 FR 76355, Dec. 6, 2000, unless otherwise noted.

                              Introduction



Sec. 60.1000  What does this subpart do?

    This subpart establishes new source performance standards for new 
small municipal waste combustion units.



Sec. 60.1005  When does this subpart become effective?

    This subpart takes effect June 6, 2001. Some of the requirements in 
this subpart apply to municipal waste combustion unit planning and must 
be completed before construction is commenced on the municipal waste 
combustion unit. In particular, the preconstruction requirements in 
Sec. Sec. 60.1050 through 60.1150 must be completed prior to commencing 
construction. Other requirements (such as the emission limits) apply 
when the municipal waste combustion unit begins operation.

                              Applicability



Sec. 60.1010  Does this subpart apply to my municipal waste combustion unit?

    Yes, if your municipal waste combustion unit meets two criteria:
    (a) Your municipal waste combustion unit is a new municipal waste 
combustion unit.
    (b) Your municipal waste combustion unit has the capacity to combust 
at least 35 tons per day but no more than 250 tons per day of municipal 
solid waste or refuse-derived fuel.



Sec. 60.1015  What is a new municipal waste combustion unit?

    (a) A new municipal waste combustion unit is a municipal waste 
combustion unit that meets either of two criteria:
    (1) Commenced construction after August 30, 1999.
    (2) Commenced reconstruction or modification after June 6, 2001.
    (b) This subpart does not apply to your municipal waste combustion 
unit if you make physical or operational changes to an existing 
municipal waste combustion unit primarily to comply with the emission 
guidelines in subpart BBBB of this part. Such changes do not qualify as 
reconstruction or modification under this subpart.



Sec. 60.1020  Does this subpart allow any exemptions?

    (a) Small municipal waste combustion units that combust less than 11 
tons per day. You are exempt from this subpart if you meet four 
requirements:
    (1) Your municipal waste combustion unit is subject to a federally 
enforceable permit limiting the amount of municipal solid waste 
combusted to less than 11 tons per day.
    (2) You notify the Administrator that the unit qualifies for the 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You keep daily records of the amount of municipal solid waste 
combusted.
    (b) Small power production facilities. You are exempt from this 
subpart if you meet four requirements:
    (1) Your unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit qualifies for the 
exemption.
    (4) You provide the Administrator with documentation that the unit 
qualifies for the exemption.
    (c) Cogeneration facilities. You are exempt from this subpart if you 
meet four requirements:
    (1) Your unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial,

[[Page 797]]

commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit qualifies for the 
exemption.
    (4) You provide the Administrator with documentation that the unit 
qualifies for the exemption.
    (d) Municipal waste combustion units that combust only tires. You 
are exempt from this subpart if you meet three requirements:
    (1) Your municipal waste combustion unit combusts a single-item 
waste stream of tires and no other municipal waste (the unit can co-fire 
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
    (2) You notify the Administrator that the unit qualifies for the 
exemption.
    (3) You provide the Administrator with documentation that the unit 
qualifies for the exemption.
    (e) Hazardous waste combustion units. You are exempt from this 
subpart if you get a permit for your unit under section 3005 of the 
Solid Waste Disposal Act.
    (f) Materials recovery units. You are exempt from this subpart if 
your unit combusts waste mainly to recover metals. Primary and secondary 
smelters qualify for the exemption.
    (g) Co-fired combustors. You are exempt from this subpart if you 
meet four requirements:
    (1) Your unit has a federally enforceable permit limiting the 
combustion of municipal solid waste to 30 percent of the total fuel 
input by weight.
    (2) You notify the Administrator that the unit qualifies for the 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You record the weights, each quarter, of municipal solid waste 
and of all other fuels combusted.
    (h) Plastics/rubber recycling units. You are exempt from this 
subpart if you meet four requirements:
    (1) Your pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' (Sec. 
60.1465).
    (2) You record the weights, each quarter, of plastics, rubber, and 
rubber tires processed.
    (3) You record the weights, each quarter, of feed stocks produced 
and marketed from chemical plants and petroleum refineries.
    (4) You keep the name and address of the purchaser of those feed 
stocks.
    (i) Units that combust fuels made from products of plastics/rubber 
recycling plants. You are exempt from this subpart if you meet two 
requirements:
    (1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, 
residual oil, refinery gas, petroleum coke, liquified petroleum gas, 
propane, or butane produced by chemical plants or petroleum refineries 
that use feedstocks produced by plastics/rubber recycling units.
    (2) Your unit does not combust any other municipal solid waste.
    (j) Cement kilns. You are exempt from this subpart if your cement 
kiln combusts municipal solid waste.
    (k) Air curtain incinerators. If your air curtain incinerator (see 
Sec. 60.1465 for definition) combusts 100 percent yard waste, you must 
meet only the requirements under ``Air Curtain Incinerators That Burn 
100 Percent Yard Waste'' (Sec. Sec. 60.1435 through 60.1455).



Sec. 60.1025  Do subpart E new source performance standards also apply
to my municipal waste combustion unit?

    If this subpart AAAA applies to your municipal waste combustion 
unit, then subpart E of this part does not apply to your municipal waste 
combustion unit.



Sec. 60.1030  Can the Administrator delegate authority to enforce these
Federal new source performance standards to a State agency?

    Yes, the Administrator can delegate all authorities in all sections 
of this subpart to the State for direct State enforcement.



Sec. 60.1035  How are these new source performance standards structured?

    These new source performance standards contain five major 
components:
    (a) Preconstruction requirements.
    (1) Materials separation plan.
    (2) Siting analysis.
    (b) Good combustion practices.
    (1) Operator training.
    (2) Operator certification.
    (3) Operating requirements.
    (c) Emission limits.
    (d) Monitoring and stack testing.
    (e) Recordkeeping and reporting.

[[Page 798]]



Sec. 60.1040  Do all five components of these new source performance 
standards apply at the same time?

    No, you must meet the preconstruction requirements before you 
commence construction of the municipal waste combustion unit. After the 
municipal waste combustion unit begins operation, you must meet all of 
the good combustion practices, emission limits, monitoring, stack 
testing, and most recordkeeping and reporting requirements.



Sec. 60.1045  Are there different subcategories of small municipal 
waste combustion units within this subpart?

    (a) Yes, this subpart subcategorizes small municipal waste 
combustion units into two groups based on the aggregate capacity of the 
municipal waste combustion plant as follows:
    (1) Class I Units. Class I units are small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity greater than 250 tons per 
day of municipal solid waste. (See the definition of ``municipal waste 
combustion plant capacity'' in Sec. 60.1465 for specification of which 
units at a plant are included in the aggregate capacity calculation.)
    (2) Class II Units. Class II units are small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity less than or equal to 250 
tons per day of municipal solid waste. (See the definition of 
``municipal waste combustion plant capacity'' in Sec. 60.1465 for 
specification of which units at a plant are included in the aggregate 
capacity calculation.)
    (b) The requirements for Class I and Class II units are identical 
except for two items:
    (1) Class I units have a nitrogen oxides emission limit. Class II 
units do not have a nitrogen oxides emission limit (see table 1 of this 
subpart). Additionally, Class I units have continuous emission 
monitoring, recordkeeping, and reporting requirements for nitrogen 
oxides.
    (2) Class II units are eligible for the reduced testing option 
provided in Sec. 60.1305.

         Preconstruction Requirements: Materials Separation Plan



Sec. 60.1050  Who must submit a materials separation plan?

    (a) You must prepare a materials separation plan for your municipal 
waste combustion unit if you commence construction of a new small 
municipal waste combustion unit after December 6, 2000.
    (b) If you commence construction of your municipal waste combustion 
unit after August 30, 1999 but before December 6, 2000, you are not 
required to prepare the materials separation plan specified in this 
subpart.
    (c) You must prepare a materials separation plan if you are required 
to submit an initial application for a construction permit, under 40 CFR 
part 51, subpart I, or part 52, as applicable, for the reconstruction or 
modification of your municipal waste combustion unit.



Sec. 60.1055  What is a materials separation plan?

    The plan identifies a goal and an approach for separating certain 
components of municipal solid waste for a given service area prior to 
waste combustion and making them available for recycling.



Sec. 60.1060  What steps must I complete for my materials separation plan?

    (a) For your materials separation plan, you must complete nine 
steps:
    (1) Prepare a draft materials separation plan.
    (2) Make your draft plan available to the public.
    (3) Hold a public meeting on your draft plan.
    (4) Prepare responses to public comments received during the public 
comment period on your draft plan.
    (5) Prepare a revised materials separation plan.
    (6) Discuss the revised plan at the public meeting for review of the 
siting analysis.
    (7) Prepare responses to public comments received on your revised 
plan.
    (8) Prepare a final materials separation plan.
    (9) Submit the final materials separation plan.

[[Page 799]]

    (b) You may use analyses conducted under the requirements of 40 CFR 
part 51, subpart I, or part 52, to comply with some of the materials 
separation requirements of this subpart.



Sec. 60.1065  What must I include in my draft materials separation plan?

    (a) You must prepare and submit a draft materials separation plan 
for your municipal waste combustion unit and its service area.
    (b) Your draft materials separation plan must identify a goal and an 
approach for separating certain components of municipal solid waste for 
a given service area prior to waste combustion and making them available 
for recycling. A materials separation plan may include such elements as 
dropoff facilities, buy-back or deposit-return incentives, programs for 
curbside pickup, and centralized systems for mechanical separation.
    (c) Your materials separation plan may include different goals or 
approaches for different subareas in the service area.
    (d) Your materials separation plan may exclude materials separation 
activities for certain subareas or, if warranted, the entire service 
area.



Sec. 60.1070  How do I make my draft materials separation plan available
to the public?

    (a) Distribute your draft materials separation plan to the main 
public libraries in the area where you will construct the municipal 
waste combustion unit.
    (b) Publish a notice of a public meeting in the main newspapers that 
serve two areas:
    (1) The area where you will construct the municipal waste combustion 
unit.
    (2) The areas where the waste that your municipal waste combustion 
unit combusts will be collected.
    (c) Include six items in your notice of the public meeting:
    (1) The date of the public meeting.
    (2) The time of the public meeting.
    (3) The location of the public meeting.
    (4) The location of the public libraries where the public can find 
your materials separation plan. Include the normal business hours of 
each library.
    (5) An agenda of the topics that will be discussed at the public 
meeting.
    (6) The beginning and ending dates of the public comment period on 
your draft materials separation plan.



Sec. 60.1075  When must I accept comments on the materials 
separation plan?

    (a) You must accept verbal comments at the public meeting.
    (b) You must accept written comments anytime during the period that 
begins on the date the document is distributed to the main public 
libraries and ends 30 days after the date of the public meeting.



Sec. 60.1080  Where and when must I hold a public meeting on my draft
materials separation plan?

    (a) You must hold a public meeting and accept comments on your draft 
materials separation plan.
    (b) You must hold the public meeting in the county where you will 
construct the municipal waste combustion unit.
    (c) You must schedule the public meeting to occur at least 30 days 
after you make your draft materials separation plan available to the 
public.
    (d) You may combine the public meeting with any other public meeting 
required as part of any other Federal, State, or local permit review. 
However, you may not combine it with the public meeting required for the 
siting analysis under ``Preconstruction Requirements: Siting Analysis'' 
(Sec. 60.1140).
    (e) You are encouraged to address eight topics at the public meeting 
for your draft materials separation plan:
    (1) Expected size of the service area for your municipal waste 
combustion unit.
    (2) Amount of waste you will collect in the service area.
    (3) Types and estimated amounts of materials proposed for 
separation.
    (4) Methods proposed for materials separation.
    (5) Amount of residual waste for disposal.
    (6) Alternate disposal methods for handling the residual waste.
    (7) Where your responses to public comments on the draft materials 
separation plan will be available for inspection.

[[Page 800]]

    (8) Where your revised materials separation plan will be available 
for inspection.
    (f) You must prepare a transcript of the public meeting on your 
draft materials separation plan.



Sec. 60.1085  What must I do with any public comments I receive during
the public comment period on my draft materials separation plan?

    You must do three steps:
    (a) Prepare written responses to any public comments you received 
during the public comment period. Summarize the responses to public 
comments in a document that is separate from your revised materials 
separation plan.
    (b) Make the comment response document available to the public in 
the service area where you will construct your municipal waste 
combustion unit. You must distribute the document at least to the main 
public libraries used to announce the public meeting.
    (c) Prepare a revised materials separation plan for the municipal 
waste combustion unit that includes, as appropriate, changes made in 
response to any public comments you received during the public comment 
period.



Sec. 60.1090  What must I do with my revised materials separation plan?

    You must do two tasks:
    (a) As specified under ``Reporting'' (Sec. 60.1375), submit five 
items to the Administrator by the date you submit the application for a 
construction permit under 40 CFR part 51, subpart I, or part 52. (If you 
are not required to submit an application for a construction permit 
under 40 CFR part 51, subpart I, or part 52, submit five items to the 
Administrator by the date of your notice of construction under Sec. 
60.1380):
    (1) Your draft materials separation plan.
    (2) Your revised materials separation plan.
    (3) Your notice of the public meeting for your draft materials 
separation plan.
    (4) A transcript of the public meeting on your draft materials 
separation plan.
    (5) The document that summarizes your responses to the public 
comments you received during the public comment period on your draft 
materials separation plan.
    (b) Make your revised materials separation plan available to the 
public as part of the siting analysis procedures under ``Preconstruction 
Requirements: Siting Analysis'' (Sec. 60.1130).



Sec. 60.1095  What must I include in the public meeting on my revised 
materials separation plan?

    As part of the public meeting for review of the siting analysis, as 
specified under ``Preconstruction Requirements: Siting Analysis'' (Sec. 
60.1140), you must discuss two areas:
    (a) Differences between your revised materials separation plan and 
your draft materials separation plan discussed at the first public 
meeting (Sec. 60.1080).
    (b) Questions about your revised materials separation plan.



Sec. 60.1100  What must I do with any public comments I receive on 
my revised materials separation plan?

    (a) Prepare written responses to any public comments and include 
them in the document that summarizes your responses to public comments 
on the siting analysis.
    (b) Prepare a final materials separation plan that includes, as 
appropriate, changes made in response to any public comments you 
received on your revised materials separation plan.



Sec. 60.1105  How do I submit my final materials separation plan?

    As specified under ``Reporting'' (Sec. 60.1380), submit your final 
materials separation plan to the Administrator as part of the notice of 
construction for the municipal waste combustion unit.

              Preconstruction Requirements: Siting Analysis



Sec. 60.1110  Who must submit a siting analysis?

    (a) You must prepare a siting analysis if you commence construction 
of a small municipal waste combustion unit after December 6, 2000.
    (b) If you commence construction on your municipal waste combustion 
unit

[[Page 801]]

after August 30, 1999, but before December 6, 2000, you are not required 
to prepare the siting analysis specified in this subpart.
    (c) You must prepare a siting analysis if you are required to submit 
an initial application for a construction permit, under 40 CFR part 51, 
subpart I, or part 52, as applicable, for the reconstruction or 
modification of your municipal waste combustion unit.



Sec. 60.1115  What is a siting analysis?

    The siting analysis addresses how your municipal waste combustion 
unit affects ambient air quality, visibility, soils, vegetation, and 
other relevant factors. The analysis can be used to determine whether 
the benefits of your proposed facility significantly outweigh the 
environmental and social costs resulting from its location and 
construction. The analysis must also consider other major industrial 
facilities near the proposed site.



Sec. 60.1120  What steps must I complete for my siting analysis?

    (a) For your siting analysis, you must complete five steps:
    (1) Prepare an analysis.
    (2) Make your analysis available to the public.
    (3) Hold a public meeting on your analysis.
    (4) Prepare responses to public comments received on your analysis.
    (5) Submit your analysis.
    (b) You may use analyses conducted under the requirements of 40 CFR 
part 51, subpart I, or part 52, to comply with some of the siting 
analysis requirements of this subpart.



Sec. 60.1125  What must I include in my siting analysis?

    (a) Include an analysis of how your municipal waste combustion unit 
affects four areas:
    (1) Ambient air quality.
    (2) Visibility.
    (3) Soils.
    (4) Vegetation.
    (b) Include an analysis of alternatives for controlling air 
pollution that minimize potential risks to the public health and the 
environment.



Sec. 60.1130  How do I make my siting analysis available to the public?

    (a) Distribute your siting analysis and revised materials separation 
plan to the main public libraries in the area where you will construct 
your municipal waste combustion unit.
    (b) Publish a notice of a public meeting in the main newspapers that 
serve two areas:
    (1) The area where you will construct your municipal waste 
combustion unit.
    (2) The areas where the waste that your municipal waste combustion 
unit combusts will be collected.
    (c) Include six items in your notice of the public meeting:
    (1) The date of the public meeting.
    (2) The time of the public meeting.
    (3) The location of the public meeting.
    (4) The location of the public libraries where the public can find 
your siting analysis and revised materials separation plan. Include the 
normal business hours of each library.
    (5) An agenda of the topics that will be discussed at the public 
meeting.
    (6) The beginning and ending dates of the public comment period on 
your siting analysis and revised materials separation plan.



Sec. 60.1135  When must I accept comments on the siting analysis and
revised materials separation plan?

    (a) You must accept verbal comments at the public meeting.
    (b) You must accept written comments anytime during the period that 
begins on the date the document is distributed to the main public 
libraries and ends 30 days after the date of the public meeting.



Sec. 60.1140  Where and when must I hold a public meeting on the 
siting analysis?

    (a) You must hold a public meeting to discuss and accept comments on 
your siting analysis and your revised materials separation plan.
    (b) You must hold the public meeting in the county where you will 
construct your municipal waste combustion unit.
    (c) You must schedule the public meeting to occur at least 30 days 
after

[[Page 802]]

you make your siting analysis and revised materials separation plan 
available to the public.
    (d) You must prepare a transcript of the public meeting on your 
siting analysis.



Sec. 60.1145  What must I do with any public comments I receive during
the public comment period on my siting analysis?

    You must do three things:
    (a) Prepare written responses to any public comments on your siting 
analysis and the revised materials separation plan you received during 
the public comment period. Summarize the responses to public comments in 
a document that is separate from your materials separation plan and 
siting analysis.
    (b) Make the comment response document available to the public in 
the service area where you will construct your municipal waste 
combustion unit. You must distribute the document at least to the main 
public libraries used to announce the public meeting for the siting 
analysis.
    (c) Prepare a revised siting analysis for the municipal waste 
combustion unit that includes, as appropriate, changes made in response 
to any public comments you received during the public comment period.



Sec. 60.1150  How do I submit my siting analysis?

    As specified under ``Reporting'' (Sec. 60.1380), submit four items 
as part of the notice of construction:
    (a) Your siting analysis.
    (b) Your notice of the public meeting on your siting analysis.
    (c) A transcript of the public meeting on your siting analysis.
    (d) The document that summarizes your responses to the public 
comments you received during the public comment period.

              Good Combustion Practices: Operator Training



Sec. 60.1155  What types of training must I do?

    There are two types of required training:
    (a) Training of operators of municipal waste combustion units using 
the U.S. Environmental Protection Agency (EPA) or a State-approved 
training course.
    (b) Training of plant personnel using a plant-specific training 
course.



Sec. 60.1160  Who must complete the operator training course? By when?

    (a) Three types of employees must complete the EPA or State-approved 
operator training course:
    (1) Chief facility operators.
    (2) Shift supervisors.
    (3) Control room operators.
    (b) Those employees must complete the operator training course by 
the later of three dates:
    (1) Six months after your municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) The date before an employee assumes responsibilities that affect 
operation of the municipal waste combustion unit.



Sec. 60.1165  Who must complete the plant-specific training course?

    All employees with responsibilities that affect how a municipal 
waste combustion unit operates must complete the plant-specific training 
course. Include at least six types of employees:
    (a) Chief facility operators.
    (b) Shift supervisors.
    (c) Control room operators.
    (d) Ash handlers.
    (e) Maintenance personnel.
    (f) Crane or load handlers.



Sec. 60.1170  What plant-specific training must I provide?

    For plant-specific training, you must do four things:
    (a) For training at a particular plant, develop a specific operating 
manual for that plant by the later of two dates:
    (1) Six months after your municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (b) Establish a program to review the plant-specific operating 
manual with people whose responsibilities affect the operation of your 
municipal waste combustion unit. Complete the initial review by the 
later of three dates:
    (1) Six months after your municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.

[[Page 803]]

    (3) The date before an employee assumes responsibilities that affect 
operation of the municipal waste combustion unit.
    (c) Update your manual annually.
    (d) Review your manual with staff annually.



Sec. 60.1175  What information must I include in the plant-specific 
operating manual?

    You must include 11 items in the operating manual for your plant:
    (a) A summary of all applicable requirements in this subpart.
    (b) A description of the basic combustion principles that apply to 
municipal waste combustion units.
    (c) Procedures for receiving, handling, and feeding municipal solid 
waste.
    (d) Procedures to be followed during periods of startup, shutdown, 
and malfunction of the municipal waste combustion unit.
    (e) Procedures for maintaining a proper level of combustion air 
supply.
    (f) Procedures for operating the municipal waste combustion unit in 
compliance with the requirements contained in this subpart.
    (g) Procedures for responding to periodic upset or off-specification 
conditions.
    (h) Procedures for minimizing carryover of particulate matter.
    (i) Procedures for handling ash.
    (j) Procedures for monitoring emissions from the municipal waste 
combustion unit.
    (k) Procedures for recordkeeping and reporting.



Sec. 60.1180  Where must I keep the plant-specific operating manual?

    You must keep your operating manual in an easily accessible location 
at your plant. It must be available for review or inspection by all 
employees who must review it and by the Administrator.

            Good Combustion Practices: Operator Certification



Sec. 60.1185  What types of operator certification must the chief 
facility operator and shift supervisor obtain and by when must 

they obtain it?

    (a) Each chief facility operator and shift supervisor must obtain 
and keep a current provisional operator certification from the American 
Society of Mechanical Engineers (QRO-1-1994) (incorporated by reference 
in Sec. 60.17(h)(1)) or a current provisional operator certification 
from your State certification program.
    (b) Each chief facility operator and shift supervisor must obtain a 
provisional certification by the later of three dates:
    (1) Six months after the municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) Six months after they transfer to the municipal waste combustion 
unit or 6 months after they are hired to work at the municipal waste 
combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of three actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers or a State certification program in your State.
    (2) Schedule a full certification exam with the American Society of 
Mechanical Engineers (QRO-1-1994) (incorporated by reference in Sec. 
60.17(h)(1)).
    (3) Schedule a full certification exam with your State certification 
program.
    (d) The chief facility operator and shift supervisor must obtain the 
full certification or be scheduled to take the certification exam by the 
later of three dates:
    (1) Six months after the municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) Six months after they transfer to the municipal waste combustion 
unit or 6 months after they are hired to work at the municipal waste 
combustion unit.

[[Page 804]]



Sec. 60.1190  After the required date for operator certification, who 
may operate the municipal waste combustion unit?

    After the required date for full or provisional certifications, you 
must not operate your municipal waste combustion unit unless one of four 
employees is on duty:
    (a) A fully certified chief facility operator.
    (b) A provisionally certified chief facility operator who is 
scheduled to take the full certification exam.
    (c) A fully certified shift supervisor.
    (d) A provisionally certified shift supervisor who is scheduled to 
take the full certification exam.



Sec. 60.1195  What if all the certified operators must be temporarily
offsite?

    If the certified chief facility operator and certified shift 
supervisor both are unavailable, a provisionally certified control room 
operator at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor are 
away, you must meet one of three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for 12 hours or less, and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator.
    (b) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, the provisionally certified 
control room operator may perform those duties without notice to, or 
approval by, the Administrator. However, you must record the period when 
the certified chief facility operator and certified shift supervisor are 
offsite and include that information in the annual report as specified 
under Sec. 60.1410(l).
    (c) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks, and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator. However, you must take two actions:
    (1) Notify the Administrator in writing. In the notice, state what 
caused the absence and what you are doing to ensure that a certified 
chief facility operator or certified shift supervisor is onsite.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks following the initial notification. If the 
Administrator notifies you that your status report or corrective action 
summary is disapproved, the municipal waste combustion unit may continue 
operation for 90 days, but then must cease operation. If corrective 
actions are taken in the 90-day period such that the Administrator 
withdraws the disapproval, municipal waste combustion unit operation may 
continue.

            Good Combustion Practices: Operating Requirements



Sec. 60.1200  What are the operating practice requirements for my
municipal waste combustion unit?

    (a) You must not operate your municipal waste combustion unit at 
loads greater than 110 percent of the maximum demonstrated load of the 
municipal waste combustion unit (4-hour block average), as specified 
under ``Definitions'' (Sec. 60.1465).
    (b) You must not operate your municipal waste combustion unit so 
that the temperature at the inlet of the particulate matter control 
device exceeds 17[deg]C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec. 60.1465).
    (c) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must maintain an 8-hour 
block average carbon feed rate at or above the highest average level 
established during the most recent dioxins/furans or mercury test.
    (d) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must evaluate total 
carbon usage for each calendar quarter. The total amount of carbon 
purchased and

[[Page 805]]

delivered to your municipal waste combustion plant must be at or above 
the required quarterly usage of carbon. At your option, you may choose 
to evaluate required quarterly carbon usage on a municipal waste 
combustion unit basis for each individual municipal waste combustion 
unit at your plant. Calculate the required quarterly usage of carbon 
using equation 4 or 5 in Sec. 60.1460(f).
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator or delegated State authority permits 
you to do any of five activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.



Sec. 60.1205  What happens to the operating requirements during periods
of startup, shutdown, and malfunction?

    (a) The operating requirements of this subpart apply at all times 
except during periods of municipal waste combustion unit startup, 
shutdown, or malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.

                             Emission Limits



Sec. 60.1210  What pollutants are regulated by this subpart?

    Eleven pollutants, in four groupings, are regulated:
    (a) Organics. Dioxins/furans.
    (b) Metals. (1) Cadmium.
    (2) Lead.
    (3) Mercury.
    (4) Opacity.
    (5) Particulate matter.
    (c) Acid gases. (1) Hydrogen chloride.
    (2) Nitrogen oxides.
    (3) Sulfur dioxide.
    (d) Other. (1) Carbon monoxide.
    (2) Fugitive ash.



Sec. 60.1215  What emission limits must I meet? By when?

    You must meet the emission limits specified in tables 1 and 2 of 
this subpart. You must meet the limits 60 days after your municipal 
waste combustion unit reaches the maximum load level but no later than 
180 days after its initial startup.



Sec. 60.1220  What happens to the emission limits during periods
of startup, shutdown, and malfunction?

    (a) The emission limits of this subpart apply at all times except 
during periods of municipal waste combustion unit startup, shutdown, or 
malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.
    (c) A maximum of 3 hours of test data can be dismissed from 
compliance calculations during periods of startup, shutdown, or 
malfunction.
    (d) During startup, shutdown, or malfunction periods longer than 3 
hours, emissions data cannot be discarded from compliance calculations 
and all provisions under Sec. 60.11(d) apply.

                     Continuous Emission Monitoring



Sec. 60.1225  What types of continuous emission monitoring must I perform?

    To continuously monitor emissions, you must perform four tasks:
    (a) Install continuous emission monitoring systems for certain 
gaseous pollutants.

[[Page 806]]

    (b) Make sure your continuous emission monitoring systems are 
operating correctly.
    (c) Make sure you obtain the minimum amount of monitoring data.
    (d) Install a continuous opacity monitoring system.



Sec. 60.1230  What continuous emission monitoring systems must I 
install for gaseous pollutants?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, you must also install, calibrate, maintain, and operate 
a continuous emission monitoring system for nitrogen oxides. Install the 
continuous emission monitoring systems for sulfur dioxide, nitrogen 
oxides, and oxygen (or carbon dioxide) at the outlet of the air 
pollution control device.
    (b) You must install, evaluate, and operate each continuous emission 
monitoring system according to the ``Monitoring Requirements'' in Sec. 
60.13.
    (c) You must monitor the oxygen (or carbon dioxide) concentration at 
each location where you monitor sulfur dioxide and carbon monoxide. 
Additionally, if you operate a Class I municipal waste combustion unit, 
you must also monitor the oxygen (or carbon dioxide) concentration at 
the location where you monitor nitrogen oxides.
    (d) You may choose to monitor carbon dioxide instead of oxygen as a 
diluent gas. If you choose to monitor carbon dioxide, then an oxygen 
monitor is not required, and you must follow the requirements in Sec. 
60.1255.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install continuous 
emission monitoring systems for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.
    (f) If you prefer to use an alternative sulfur dioxide monitoring 
method, such as parametric monitoring, or cannot monitor emissions at 
the inlet of the air pollution control device to determine percent 
reduction, you can apply to the Administrator for approval to use an 
alternative monitoring method under Sec. 60.13(i).



Sec. 60.1235  How are the data from the continuous emission monitoring
systems used?

    You must use data from the continuous emission monitoring systems 
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate 
continuous compliance with the emission limits specified in tables 1 and 
2 of this subpart. To demonstrate compliance for dioxins/furans, 
cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, 
and fugitive ash, see Sec. 60.1290.



Sec. 60.1240  How do I make sure my continuous emission monitoring
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure oxygen (or 
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal 
waste combustion units only), and carbon monoxide.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 60 days after your municipal waste combustion 
unit reaches the maximum load level at which it will operate, but no 
later than 180 days after its initial startup.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide) 
continuous emission monitoring system, your sulfur dioxide, nitrogen 
oxides, or carbon monoxide continuous emission monitoring systems, as 
appropriate, and the appropriate test methods specified in table 3 of 
this subpart. Collect the data during each initial and annual evaluation 
of your continuous emission monitoring systems following the applicable 
performance specifications in appendix B of this part. table 4 of this 
subpart shows the performance specifications that apply to each 
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.

[[Page 807]]



Sec. 60.1245  Am I exempt from any appendix B or appendix F requirements
to evaluate continuous emission monitoring systems?

    Yes, the accuracy tests for your sulfur dioxide continuous emission 
monitoring system require you to also evaluate your oxygen (or carbon 
dioxide) continuous emission monitoring system. Therefore, your oxygen 
(or carbon dioxide) continuous emission monitoring system is exempt from 
two requirements:
    (a) Section 2.3 of Performance Specification 3 in appendix B of this 
part (relative accuracy requirement).
    (b) Section 5.1.1 of appendix F of this part (relative accuracy test 
audit).



Sec. 60.1250  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 13 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.



Sec. 60.1255  What must I do if I choose to monitor carbon dioxide
instead of oxygen as a diluent gas?

    You must establish the relationship between oxygen and carbon 
dioxide during the initial evaluation of your continuous emission 
monitoring systems. You may reestablish the relationship during annual 
evaluations. To establish the relationship use three procedures:
    (a) Use EPA Reference Method 3A or 3B in appendix A of this part to 
determine oxygen concentration at the location of your carbon dioxide 
monitor.
    (b) Conduct at least three test runs for oxygen. Make sure each test 
run represents a 1-hour average and that sampling continues for at least 
30 minutes in each hour.
    (c) Use the fuel-factor equation in EPA Reference Method 3B in 
appendix A of this part to determine the relationship between oxygen and 
carbon dioxide.



Sec. 60.1260  What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is the

data collection 
          requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for sulfur 
dioxide, nitrogen oxides, and carbon monoxide are in parts per million 
by dry volume at 7 percent oxygen (or the equivalent carbon dioxide 
level). Use the 1-hour averages of oxygen (or carbon dioxide) data from 
your continuous emission monitoring system to determine the actual 
oxygen (or carbon dioxide) level and to calculate emissions at 7 percent 
oxygen (or the equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle of 
operation (sampling, analyzing, and data recording) for each 15-minute 
period.
    (c) Obtain valid 1-hour averages for 75 percent of the operating 
hours per day for 90 percent of the operating days per calendar quarter. 
An operating day is any day the unit combusts any municipal solid waste 
or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you are in violation of the data collection 
requirement regardless of the emission level monitored, and you must 
notify the Administrator according to Sec. 60.1410(e).
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations and percent reductions in accordance with Sec. 60.1265.



Sec. 60.1265  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use the equation in Sec. 60.1460(a) to calculate emissions at 7 
percent oxygen.
    (b) Use EPA Reference Method 19 in appendix A of this part, section 
4.3, to calculate the daily geometric average

[[Page 808]]

concentrations of sulfur dioxide emissions. If you are monitoring the 
percent reduction of sulfur dioxide, use EPA Reference Method 19 in 
appendix A of this part, section 5.4, to determine the daily geometric 
average percent reduction of potential sulfur dioxide emissions.
    (c) If you operate a Class I municipal waste combustion unit, use 
EPA Reference Method 19 in appendix A of this part, section 4.1, to 
calculate the daily arithmetic average for concentrations of nitrogen 
oxides.
    (d) Use EPA Reference Method 19 in appendix A of this part, section 
4.1, to calculate the 4-hour or 24-hour daily block averages (as 
applicable) for concentrations of carbon monoxide.



Sec. 60.1270  What is required for my continuous opacity monitoring 
system and how are the data used?

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec. 60.13.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix B 
of this part. Complete the evaluation within 60 days after your 
municipal waste combustion unit reaches the maximum load level at which 
it will operate, but no more than 180 days after its initial startup.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 13 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9 in 
appendix A of this part, as specified in Sec. 60.1300, to determine 
compliance with the opacity limit in table 1 of this subpart. The data 
obtained from your continuous opacity monitoring system are not used to 
determine compliance with the opacity limit.



Sec. 60.1275  What additional requirements must I meet for the 
operation of my continuous emission monitoring systems and continuous

opacity monitoring system?

    Use the required span values and applicable performance 
specifications in table 4 of this subpart.



Sec. 60.1280  What must I do if any of my continuous emission monitoring
systems are temporarily unavailable to meet the data collection

requirements?

    Refer to table 4 of this subpart. It shows alternate methods for 
collecting data when systems malfunction or when repairs, calibration 
checks, or zero and span checks keep you from collecting the minimum 
amount of data.

                              Stack Testing



Sec. 60.1285  What types of stack tests must I conduct?

    Conduct initial and annual stack tests to measure the emission 
levels of dioxins/furans, cadmium, lead, mercury, particulate matter, 
opacity, hydrogen chloride, and fugitive ash.



Sec. 60.1290  How are the stack test data used?

    You must use results of stack tests for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, hydrogen chloride, and 
fugitive ash to demonstrate compliance with the emission limits in table 
1 of this subpart. To demonstrate compliance for carbon monoxide, 
nitrogen oxides, and sulfur dioxide, see Sec. 60.1235.



Sec. 60.1295  What schedule must I follow for the stack testing?

    (a) Conduct initial stack tests for the pollutants listed in Sec. 
60.1285 within 60 days after your municipal waste combustion unit 
reaches the maximum load level at which it will operate, but no later 
than 180 days after its initial startup.
    (b) Conduct annual stack tests for the same pollutants after the 
initial stack test. Conduct each annual stack test no later than 13 
months after the previous stack test.



Sec. 60.1300  What test methods must I use to stack test?

    (a) Follow table 5 of this subpart to establish the sampling 
location and to determine pollutant concentrations, number of traverse 
points, individual test methods, and other specific testing requirements 
for the different pollutants.

[[Page 809]]

    (b) Make sure that stack tests for all the pollutants consist of at 
least three test runs, as specified in Sec. 60.8. Use the average of 
the pollutant emission concentrations from the three test runs to 
determine compliance with the emission limits in table 1 of this 
subpart.
    (c) Obtain an oxygen (or carbon dioxide) measurement at the same 
time as your pollutant measurements to determine diluent gas levels, as 
specified in Sec. 60.1230.
    (d) Use the equations in Sec. 60.1460(a) to calculate emission 
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the 
percent reduction in potential hydrogen chloride emissions, and the 
reduction efficiency for mercury emissions. See the individual test 
methods in table 5 of this subpart for other required equations.
    (e) You can apply to the Administrator for approval under Sec. 
60.8(b) to use a reference method with minor changes in methodology, use 
an equivalent method, use an alternative method the results of which the 
Administrator has determined are adequate for demonstrating compliance, 
waive the requirement for a performance test because you have 
demonstrated by other means that you are in compliance, or use a shorter 
sampling time or smaller sampling volume.



Sec. 60.1305  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In that case, you are not required to conduct a stack test for 
that pollutant for the next 2 years. However, you must conduct another 
stack test within 36 months of the anniversary date of the third 
consecutive stack test that shows you comply with the emission limit. 
Thereafter, you must perform stack tests every 3rd year but no later 
than 36 months following the previous stack tests. If a stack test shows 
noncompliance with an emission limit, you must conduct annual stack 
tests for that pollutant until all stack tests over 3 consecutive years 
show compliance with the emission limit for that pollutant. The 
provision applies to all pollutants subject to stack testing 
requirements: dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash.
    (b) You can test less often for dioxins/furans emissions if you own 
or operate a municipal waste combustion plant that meets two conditions. 
First, you have multiple municipal waste combustion units onsite that 
are subject to this subpart. Second, all those municipal waste 
combustion units have demonstrated levels of dioxins/furans emissions 
less than or equal to 7 nanograms per dry standard cubic meter (total 
mass) for 2 consecutive years. In that case, you may choose to conduct 
annual stack tests on only one municipal waste combustion unit per year 
at your plant. The provision only applies to stack testing for dioxins/
furans emissions.
    (1) Conduct the stack test no more than 13 months following a stack 
test on any municipal waste combustion unit subject to this subpart at 
your plant. Each year, test a different municipal waste combustion unit 
subject to this subpart and test all municipal waste combustion units 
subject to this subpart in a sequence that you determine. Once you 
determine a testing sequence, it must not be changed without approval by 
the Administrator.
    (2) If each annual stack test shows levels of dioxins/furans 
emissions less than or equal to 7 nanograms per dry standard cubic meter 
(total mass), you may continue stack tests on only one municipal waste 
combustion unit subject to this subpart per year.
    (3) If any annual stack test indicates levels of dioxins/furans 
emissions greater than 7 nanograms per dry standard cubic meter (total 
mass), conduct subsequent annual stack tests on all municipal waste 
combustion units subject to this subpart at your plant. You may return 
to testing one municipal waste combustion unit subject to this subpart 
per year if you can demonstrate dioxins/furans emission levels less than 
or equal to 7 nanograms per dry standard cubic meter (total mass) for 
all municipal waste combustion units at your plant subject to this 
subpart for 2 consecutive years.

[[Page 810]]



Sec. 60.1310  May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 13-month testing schedules specified in 
Sec. Sec. 60.1295(b) and 60.1305(b)(1) unless you apply to the 
Administrator for an alternative schedule, and the Administrator 
approves your request for alternate scheduling prior to the date on 
which you would otherwise have been required to conduct the next stack 
test.

                      Other Monitoring Requirements



Sec. 60.1315  Must I meet other requirements for continuous monitoring?

    You must also monitor three operating parameters:
    (a) Load level of each municipal waste combustion unit.
    (b) Temperature of flue gases at the inlet of your particulate 
matter air pollution control device.
    (c) Carbon feed rate if activated carbon is used to control dioxins/
furans or mercury emissions.



Sec. 60.1320  How do I monitor the load of my municipal waste 
combustion unit?

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms (or pounds) per hour.
    (2) Calculate your steam (or feed water) flow in 4-hour block 
averages.
    (3) Calculate the steam (or feed water) flow rate using the method 
in ``American Society of Mechanical Engineers Power Test Codes: Test 
Code for Steam Generating Units, Power Test Code 4.1--1964 (R1991),'' 
section 4 (incorporated by reference in Sec. 60.17(h)(2)).
    (4) Design, construct, install, calibrate, and use nozzles or 
orifices for flow rate measurements, using the recommendations in 
``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, part II of Fluid Meters,'' 6th 
Edition (1971), chapter 4 (incorporated by reference in Sec. 
60.17(h)(3)).
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all signal conversion elements associated with steam (or feed 
water) flow measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion unit does not generate steam, 
or, if your municipal waste combustion units have shared steam systems 
and steam load cannot be estimated per unit, you must determine, to the 
satisfaction of the Administrator, one or more operating parameters that 
can be used to continuously estimate load level (for example, the feed 
rate of municipal solid waste or refuse-derived fuel). You must 
continuously monitor the selected parameters.



Sec. 60.1325  How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?

    You must install, calibrate, maintain, and operate a device to 
continuously measure the temperature of the flue gas stream at the inlet 
of each particulate matter control device.



Sec. 60.1330  How do I monitor the injection rate of activated carbon?

    If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must meet three 
requirements:
    (a) Select a carbon injection system operating parameter that can be 
used to calculate carbon feed rate (for example, screw feeder speed).
    (b) During each dioxins/furans and mercury stack test, determine the 
average carbon feed rate in kilograms (or pounds) per hour. Also, 
determine the average operating parameter level that correlates to the 
carbon feed rate. Establish a relationship between the operating 
parameter and the carbon feed rate in order to calculate the carbon feed 
rate based on the operating parameter level.
    (c) Continuously monitor the selected operating parameter during all 
periods when the municipal waste combustion unit is operating and 
combusting waste, and calculate the 8-hour

[[Page 811]]

block average carbon feed rate in kilograms (or pounds) per hour, based 
on the selected operating parameter. When calculating the 8-hour block 
average, do two things:
    (1) Exclude hours when the municipal waste combustion unit is not 
operating.
    (2) Include hours when the municipal waste combustion unit is 
operating but the carbon feed system is not working correctly.



Sec. 60.1335  What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is 

the data collection 
          requirement enforceable?

    (a) Where continuous parameter monitoring systems are used, obtain 
1-hour arithmetic averages for three parameters:
    (1) Load level of the municipal waste combustion unit.
    (2) Temperature of the flue gases at the inlet of your particulate 
matter control device.
    (3) Carbon feed rate if activated carbon is used to control dioxins/
furans or mercury emissions.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for 90 percent of the operating days per 
calendar quarter. An operating day is any day the unit combusts any 
municipal solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you are in violation of the data collection 
requirement and you must notify the Administrator according to Sec. 
60.1410(e).

                              Recordkeeping



Sec. 60.1340  What records must I keep?

    You must keep five types of records:
    (a) Materials separation plan and siting analysis.
    (b) Operator training and certification.
    (c) Stack tests.
    (d) Continuously monitored pollutants and parameters.
    (e) Carbon feed rate.



Sec. 60.1345  Where must I keep my records and for how long?

    (a) Keep all records onsite in paper copy or electronic format 
unless the Administrator approves another format.
    (b) Keep all records on each municipal waste combustion unit for at 
least 5 years.
    (c) Make all records available for submittal to the Administrator, 
or for onsite review by an inspector.



Sec. 60.1350  What records must I keep for the materials separation
plan and siting analysis?

    You must keep records of five items:
    (a) The date of each record.
    (b) The final materials separation plan.
    (c) The siting analysis.
    (d) A record of the location and date of the public meetings.
    (e) Your responses to the public comments received during the public 
comment periods.



Sec. 60.1355  What records must I keep for operator training 
and certification?

    You must keep records of six items:
    (a) Records of provisional certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who are 
provisionally certified by the American Society of Mechanical Engineers 
or an equivalent State-approved certification program.
    (2) Dates of the initial provisional certifications.
    (3) Documentation showing current provisional certifications.
    (b) Records of full certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who are 
fully certified by the American Society of Mechanical Engineers or an 
equivalent State-approved certification program.
    (2) Dates of initial and renewal full certifications.
    (3) Documentation showing current full certifications.
    (c) Records showing completion of the operator training course. 
Include three items:

[[Page 812]]

    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
have completed the EPA or State municipal waste combustion operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of the operator training 
course.
    (d) Records of reviews for plant-specific operating manuals. Include 
three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.
    (2) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause those people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.



Sec. 60.1360  What records must I keep for stack tests?

    For stack tests required under Sec. 60.1285, you must keep records 
of four items:
    (a) The results of the stack tests for eight pollutants or 
parameters recorded in the appropriate units of measure specified in 
table 1 of this subpart:
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) Test reports including supporting calculations that document the 
results of all stack tests.
    (c) The maximum demonstrated load of your municipal waste combustion 
units and maximum temperature at the inlet of your particulate matter 
control device during all stack tests for dioxins/furans emissions.
    (d) The calendar date of each record.



Sec. 60.1365  What records must I keep for continuously monitored 
pollutants or parameters?

    You must keep records of eight items:
    (a) Records of monitoring data. Document six parameters measured 
using continuous monitoring systems:
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) For Class I municipal waste combustion units only, all 1-hour 
average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average load levels of your municipal waste 
combustion unit.
    (6) All 1-hour average flue gas temperatures at the inlet of the 
particulate matter control device.
    (b) Records of average concentrations and percent reductions. 
Document five parameters:
    (1) All 24-hour daily block geometric average concentrations of 
sulfur dioxide emissions or average percent reductions of sulfur dioxide 
emissions.
    (2) For Class I municipal waste combustion units only, all 24-hour 
daily arithmetic average concentrations of nitrogen oxides emissions.
    (3) All 4-hour block or 24-hour daily block arithmetic average 
concentrations of carbon monoxide emissions.
    (4) All 4-hour block arithmetic average load levels of your 
municipal waste combustion unit.

[[Page 813]]

    (5) All 4-hour block arithmetic average flue gas temperatures at the 
inlet of the particulate matter control device.
    (c) Records of exceedances. Document three items:
    (1) Calendar dates whenever any of the five pollutant or parameter 
levels recorded in paragraph (b) of this section or the opacity level 
recorded in paragraph (a)(1) of this section did not meet the emission 
limits or operating levels specified in this subpart.
    (2) Reasons you exceeded the applicable emission limits or operating 
levels.
    (3) Corrective actions you took, or are taking, to meet the emission 
limits or operating levels.
    (d) Records of minimum data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of data required under Sec. Sec. 60.1260 and 60.1335. Record the dates 
for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took, or are taking, to obtain the 
required amount of data.
    (e) Records of exclusions. Document each time you have excluded data 
from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load levels of your municipal waste combustion unit.
    (5) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (f) Records of drift and accuracy. Document the results of your 
daily drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of this part. Keep the records for the sulfur 
dioxide, nitrogen oxides (Class I municipal waste combustion units 
only), and carbon monoxide continuous emissions monitoring systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you choose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec. 60.1255.
    (h) Records of calendar dates. Include the calendar date on each 
record.



Sec. 60.1370  What records must I keep for municipal waste combustion
units that use activated carbon?

    For municipal waste combustion units that use activated carbon to 
control dioxins/furans or mercury emissions, you must keep records of 
five items:
    (a) Records of average carbon feed rate. Document five items:
    (1) Average carbon feed rate in kilograms (or pounds) per hour 
during all stack tests for dioxins/furans and mercury emissions. Include 
supporting calculations in the records.
    (2) For the operating parameter chosen to monitor carbon feed rate, 
average operating level during all stack tests for dioxins/furans and 
mercury emissions. Include supporting data that document the 
relationship between the operating parameter and the carbon feed rate.
    (3) All 8-hour block average carbon feed rates in kilograms (or 
pounds) per hour calculated from the monitored operating parameter.
    (4) Total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include 
supporting documentation.
    (5) Required quarterly usage of carbon for the municipal waste 
combustion plant, calculated using equation 4 or 5 in Sec. 60.1460(f). 
If you choose to evaluate required quarterly usage for

[[Page 814]]

carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant. 
Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined during 
the most recent stack test for dioxins/furans or mercury emissions 
(whichever has a higher feed rate).
    (2) Reasons for the low carbon feed rates.
    (3) Corrective actions you took or are taking to meet the 8-hour 
average carbon feed rate requirement.
    (c) Records of minimum carbon feed rate data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of carbon feed rate data required under Sec. 60.1335.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to get the required 
amount of data.
    (d) Records of exclusions. Document each time you have excluded data 
from your calculation of average carbon feed rates and the reasons the 
data were excluded.
    (e) Records of calendar dates. Include the calendar date on each 
record.

                                Reporting



Sec. 60.1375  What reports must I submit before I submit my notice
of construction?

    (a) If you are required to submit an application for a construction 
permit under 40 CFR part 51, subpart I, or 40 CFR part 52, you must 
submit five items by the date you submit your application.
    (1) Your draft materials separation plan, as specified in Sec. 
60.1065.
    (2) Your revised materials separation plan, as specified in Sec. 
60.1085(c).
    (3) Your notice of the initial public meeting for your draft 
materials separation plan, as specified in Sec. 60.1070(b).
    (4) A transcript of the initial public meeting, as specified in 
Sec. 60.1080(f).
    (5) The document that summarizes your responses to the public 
comments you received during the initial public comment period, as 
specified in Sec. 60.1085(a).
    (b) If you are not required to submit an application for a 
construction permit under 40 CFR part 51, subpart I, or 40 CFR part 52, 
you must submit the items in paragraph (a) of this section with your 
notice of construction.



Sec. 60.1380  What must I include in my notice of construction?

    (a) Include ten items:
    (1) A statement of your intent to construct the municipal waste 
combustion unit.
    (2) The planned initial startup date of your municipal waste 
combustion unit.
    (3) The types of fuels you plan to combust in your municipal waste 
combustion unit.
    (4) The capacity of your municipal waste combustion unit including 
supporting capacity calculations, as specified in Sec. 60.1460(d) and 
(e).
    (5) Your siting analysis, as specified in Sec. 60.1125.
    (6) Your final materials separation plan, as specified in Sec. 
60.1100(b).
    (7) Your notice of the second public meeting (siting analysis 
meeting), as specified in Sec. 60.1130(b).
    (8) A transcript of the second public meeting, as specified in Sec. 
60.1140(d).
    (9) A copy of the document that summarizes your responses to the 
public comments you received during the second public comment period, as 
specified in Sec. 60.1145(a).
    (10) Your final siting analysis, as specified in Sec. 60.1145(c).
    (b) Submit your notice of construction no later than 30 days after 
you commence construction, reconstruction, or modification of your 
municipal waste combustion unit.



Sec. 60.1385  What reports must I submit after I submit my notice 
of construction and in what form?

    (a) Submit an initial report and annual reports, plus semiannual 
reports for any emission or parameter level that does not meet the 
limits specified in this subpart.
    (b) Submit all reports on paper, postmarked on or before the 
submittal dates in Sec. Sec. 60.1395, 60.1405, and 60.1420. If

[[Page 815]]

the Administrator agrees, you may submit electronic reports.
    (c) Keep a copy of all reports required by Sec. Sec. 60.1400, 
60.1410, and 60.1425 onsite for 5 years.



Sec. 60.1390  What are the appropriate units of measurement for 
reporting my data?

    See tables 1 and 2 of this subpart for appropriate units of 
measurement.



Sec. 60.1395  When must I submit the initial report?

    As specified in Sec. 60.7(c), submit your initial report within 60 
days after your municipal waste combustion unit reaches the maximum load 
level at which it will operate, but no later than 180 days after its 
initial startup.



Sec. 60.1400  What must I include in my initial report?

    You must include seven items:
    (a) The emission levels measured on the date of the initial 
evaluation of your continuous emission monitoring systems for all of the 
following five pollutants or parameters as recorded in accordance with 
Sec. 60.1365(b).
    (1) The 24-hour daily geometric average concentration of sulfur 
dioxide emissions or the 24-hour daily geometric percent reduction of 
sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, the 24-hour 
daily arithmetic average concentration of nitrogen oxides emissions.
    (3) The 4-hour block or 24-hour daily arithmetic average 
concentration of carbon monoxide emissions.
    (4) The 4-hour block arithmetic average load level of your municipal 
waste combustion unit.
    (5) The 4-hour block arithmetic average flue gas temperature at the 
inlet of the particulate matter control device.
    (b) The results of the initial stack tests for eight pollutants or 
parameters (use appropriate units as specified in table 2 of this 
subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (c) The test report that documents the initial stack tests including 
supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of this part in conducting the evaluation.
    (e) The maximum demonstrated load of your municipal waste combustion 
unit and the maximum demonstrated temperature of the flue gases at the 
inlet of the particulate matter control device. Use values established 
during your initial stack test for dioxins/furans emissions and include 
supporting calculations.
    (f) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, the average carbon feed 
rates that you recorded during the initial stack tests for dioxins/
furans and mercury emissions. Include supporting calculations as 
specified in Sec. 60.1370(a)(1) and (2).
    (g) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and carbon 
dioxide, as specified in Sec. 60.1255.



Sec. 60.1405  When must I submit the annual report?

    Submit the annual report no later than February 1 of each year that 
follows the calendar year in which you collected the data. If you have 
an operating permit for any unit under title V of the Clean Air Act 
(CAA), the permit may require you to submit semiannual reports. Parts 70 
and 71 of this chapter contain program requirements for permits.



Sec. 60.1410  What must I include in my annual report?

    Summarize data collected for all pollutants and parameters regulated 
under this subpart. Your summary must include twelve items:
    (a) The results of the annual stack test, using appropriate units, 
for eight pollutants, as recorded under Sec. 60.1360(a):
    (1) Dioxins/furans.
    (2) Cadmium.

[[Page 816]]

    (3) Lead.
    (4) Mercury.
    (5) Particulate matter.
    (6) Opacity.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average levels recorded, in the 
appropriate units. List the values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device (4-hour block average).
    (c) The highest 6-minute opacity level measured. Base the value on 
all 6-minute average opacity levels recorded by your continuous opacity 
monitoring system (Sec. 60.1365(a)(1)).
    (d) For municipal waste combustion units that use activated carbon 
for controlling dioxins/furans or mercury emissions, include four 
records:
    (1) The average carbon feed rates recorded during the most recent 
dioxins/furans and mercury stack tests.
    (2) The lowest 8-hour block average carbon feed rate recorded during 
the year.
    (3) The total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant.
    (4) The required quarterly carbon usage of your municipal waste 
combustion plant calculated using equation 4 or 5 in Sec. 60.1460(f). 
If you choose to evaluate required quarterly usage for carbon on a 
municipal waste combustion unit basis, record the required quarterly 
usage for each municipal waste combustion unit at your plant.
    (e) The total number of days that you did not obtain the minimum 
number of hours of data for six pollutants or parameters. Include the 
reasons you did not obtain the data and corrective actions that you have 
taken to obtain the data in the future. Include data on:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (f) The number of hours you have excluded data from the calculation 
of average levels (include the reasons for excluding it). Include data 
for six pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (g) A notice of your intent to begin a reduced stack testing 
schedule for dioxins/furans emissions during the following calendar 
year, if you are eligible for alternative scheduling (Sec. 60.1305(a) 
or (b)).
    (h) A notice of your intent to begin a reduced stack testing 
schedule for other pollutants during the following calendar year if you 
are eligible for alternative scheduling (Sec. 60.1305(a)).
    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year which gives the 
Administrator a summary of the performance of the municipal waste 
combustion unit over a 2-year period.
    (k) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and carbon 
dioxide, as specified in Sec. 60.1255.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.

[[Page 817]]



Sec. 60.1415  What must I do if I am out of compliance with the
requirements of this subpart?

    You must submit a semiannual report on any recorded emission or 
parameter level that does not meet the requirements specified in this 
subpart.



Sec. 60.1420  If a semiannual report is required, when must I submit it?

    (a) For data collected during the first half of a calendar year, 
submit your semiannual report by August 1 of that year.
    (b) For data you collected during the second half of the calendar 
year, submit your semiannual report by February 1 of the following year.



Sec. 60.1425  What must I include in the semiannual out-of-compliance
reports?

    You must include three items in the semiannual report:
    (a) For any of the following six pollutants or parameters that 
exceeded the limits specified in this subpart, include the calendar date 
they exceeded the limits, the averaged and recorded data for that date, 
the reasons for exceeding the limits, and your corrective actions:
    (1) Concentration or percent reduction of sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, concentration 
of nitrogen oxides emissions.
    (3) Concentration of carbon monoxide emissions.
    (4) Load level of your municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of your particulate 
matter air pollution control device.
    (6) Average 6-minute opacity level. The data obtained from your 
continuous opacity monitoring system are not used to determine 
compliance with the limit on opacity emissions.
    (b) If the results of your annual stack tests (as recorded in Sec. 
60.1360(a)) show emissions above the limits specified in table 1 of this 
subpart for dioxins/furans, cadmium, lead, mercury, particulate matter, 
opacity, hydrogen chloride, and fugitive ash, include a copy of the test 
report that documents the emission levels and your corrective actions.
    (c) For municipal waste combustion units that apply activated carbon 
to control dioxins/furans or mercury emissions, include two items:
    (1) Documentation of all dates when the 8-hour block average carbon 
feed rate (calculated from the carbon injection system operating 
parameter) is less than the highest carbon feed rate established during 
the most recent mercury and dioxins/furans stack test (as specified in 
Sec. 60.1370(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for occurrences of low carbon feed rates.
    (iii) The corrective actions you have taken to meet the carbon feed 
rate requirement.
    (iv) The calendar date.
    (2) Documentation of each quarter when total carbon purchased and 
delivered to the municipal waste combustion plant is less than the total 
required quarterly usage of carbon. If you choose to evaluate total 
carbon purchased and delivered on a municipal waste combustion unit 
basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include five 
items:
    (i) Amount of carbon purchased and delivered to the plant.
    (ii) Required quarterly usage of carbon.
    (iii) Reasons for not meeting the required quarterly usage of 
carbon.
    (iv) The corrective actions you have taken to meet the required 
quarterly usage of carbon.
    (v) The calendar date.



Sec. 60.1430  Can reporting dates be changed?

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

        Air Curtain Incinerators that Burn 100 Percent Yard Waste



Sec. 60.1435  What is an air curtain incinerator?

    An air curtain incinerator operates by forcefully projecting a 
curtain of air

[[Page 818]]

across an open chamber or open pit in which combustion occurs. 
Incinerators of that type can be constructed above or below ground and 
with or without refractory walls and floor.



Sec. 60.1440  What is yard waste?

    Yard waste is grass, grass clippings, bushes, shrubs, and clippings 
from bushes and shrubs. They come from residential, commercial/retail, 
institutional, or industrial sources as part of maintaining yards or 
other private or public lands. Yard waste does not include two items:
    (a) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in Sec. 60.1465.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec. 60.1465.



Sec. 60.1445  What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?

    If your air curtain incinerator combusts 100 percent yard waste, you 
must meet only the emission limits in this section.
    (a) Within 60 days after your air curtain incinerator reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup, you must meet two limits:
    (1) The opacity limit is 10 percent (6-minute average) for air 
curtain incinerators that can combust at least 35 tons per day of 
municipal solid waste and no more than 250 tons per day of municipal 
solid waste.
    (2) The opacity limit is 35 percent (6-minute average) during the 
startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times. Each malfunction must not exceed 3 hours.



Sec. 60.1450  How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?

    (a) Use EPA Reference Method 9 in appendix A of this part to 
determine compliance with the opacity limit.
    (b) Conduct an initial test for opacity as specified in Sec. 60.8.
    (c) After the initial test for opacity, conduct annual tests no more 
than 13 calendar months following the date of your previous test.



Sec. 60.1455  What are the recordkeeping and reporting requirements
for air curtain incinerators that burn 100 percent yard waste?

    (a) Provide a notice of construction that includes four items:
    (1) Your intent to construct the air curtain incinerator.
    (2) Your planned initial startup date.
    (3) Types of fuels you plan to combust in your air curtain 
incinerator.
    (4) The capacity of your incinerator, including supporting capacity 
calculations, as specified in Sec. 60.1460(d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator or 
for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual reporting 
dates (see Sec. 60.19(c)).
    (h) Keep a copy of all reports onsite for a period of 5 years.

                                Equations



Sec. 60.1460  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using equation 1 of this 
section:

C7 = Cunc * (13.9) * (1/(20.9-
    CO2)) (Eq.1)

Where:

C7 = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (percent).

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%PHg) using 
equation 2 of this section:


[[Page 819]]


%PHg = (Ei-o) * (100/Ei) 
    (Eq. 2)

Where:

%PHg = percent reduction of potential mercury emissions
Ei = mercury emission concentration as measured at the air 
pollution control device inlet, corrected to 7 percent oxygen, dry basis
Eo = mercury emission concentration as measured at the air 
pollution control device outlet, corrected to 7 percent oxygen, dry 
basis

    (c) Percent reduction in potential hydrogen chloride emissions. 
Calculate the percent reduction in potential hydrogen chloride emissions 
(%PHC1) using equation 3 of this section:

%PHC1 = (Ei - Eo) * (100/Ei) 
    (Eq. 3)

Where:

%PHC1 = percent reduction of the potential hydrogen chloride 
emissions
EI = hydrogen chloride emission concentration as measured at 
the air pollution control device inlet, corrected to 7 percent oxygen, 
dry basis
EO = hydrogen chloride emission concentration as measured at 
the air pollution control device outlet, corrected to 7 percent oxygen, 
dry basis

    (d) Capacity of a municipal waste combustion unit. For a municipal 
waste combustion unit that can operate continuously for 24-hour periods, 
calculate the municipal waste combustion unit capacity based on 24 hours 
of operation at the maximum charge rate. To determine the maximum charge 
rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on heat 
input capacity, calculate the maximum charging rate based on the maximum 
heat input capacity and one of two heating values:
    (i) If your municipal waste combustion unit combusts refuse-derived 
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 
British thermal units per pound).
    (ii) If your municipal waste combustion unit combusts municipal 
solid waste, use a heating value of 10,500 kilojoules per kilogram 
(4,500 British thermal units per pound).
    (2) For municipal waste combustion units with a design not based on 
heat input capacity, use the maximum designed charging rate.
    (e) Capacity of a batch municipal waste combustion unit. Calculate 
the capacity of a batch municipal waste combustion unit as the maximum 
design amount of municipal solid waste they can charge per batch 
multiplied by the maximum number of batches they can process in 24 
hours. Calculate the maximum number of batches by dividing 24 by the 
number of hours needed to process one batch. Retain fractional batches 
in the calculation. For example, if one batch requires 16 hours, the 
municipal waste combustion unit can combust 24/16, or 1.5 batches, in 24 
hours.
    (f) Quarterly carbon usage. If you use activated carbon to comply 
with the dioxins/furans or mercury limits, calculate the required 
quarterly usage of carbon using equation 4 of this section for plant 
basis or equation 5 of this section for unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.001
    
Where:

C = required quarterly carbon usage for the plant in kilograms (or 
pounds).
fi = required carbon feed rate for the municipal waste 
combustion unit in kilograms (or pounds) per hour. That is the average 
carbon feed rate during the most recent mercury or dioxins/furans stack 
tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was 
in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your 
plant.

    (2) Unit basis.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.002
    
Where:

C = required quarterly carbon usage for the unit in kilograms (or 
pounds).
f = required carbon feed rate for the municipal waste combustion unit in 
kilograms (or pounds) per hour. That is the average carbon feed rate 
during the most recent mercury or dioxins/furans stack tests (whichever 
has a higher feed rate).
h = number of hours the municipal waste combustion unit was in operation 
during the calendar quarter (hours).

[[Page 820]]

                               Definitions



Sec. 60.1465  What definitions must I know?

    Terms used but not defined in this section are defined in the CAA 
and in subparts A and B of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of that type can be constructed 
above or below ground and with or without refractory walls and floor.
    Batch municipal waste combustion unit means a municipal waste 
combustion unit designed so it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 (or 366 consecutive days for leap years) 
consecutive days starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustion unit. That 
person is responsible for daily onsite supervision, technical direction, 
management, and overall performance of the municipal waste combustion 
unit.
    Class I units mean small municipal waste combustion units subject to 
this subpart that are located at municipal waste combustion plants with 
an aggregate plant combustion capacity greater than 250 tons per day of 
municipal solid waste. See the definition in this section of ``municipal 
waste combustion plant capacity'' for specification of which units at a 
plant site are included in the aggregate capacity calculation.
    Class II units mean small municipal waste combustion units subject 
to this subpart that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity less than or equal to 250 
tons per day of municipal solid waste. See the definition in this 
section of ``municipal waste combustion plant capacity'' for 
specification of which units at a plant site are included in the 
aggregate capacity calculation.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include two items:
    (1) ``Yard waste,'' which is defined elsewhere in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of ``municipal solid waste'' in this section.
    Co-fired combustion unit means a unit that combusts municipal solid 
waste with nonmunicipal solid waste fuel (for example, coal, industrial 
process waste). To be considered a co-fired combustion unit, the unit 
must be subject to a federally enforceable permit that limits it to 
combusting a fuel feed stream which is 30 percent or less (by weight) 
municipal solid waste as measured each calendar quarter.
    Continuous burning means the continuous, semicontinuous, or batch 
feeding of municipal solid waste to dispose of the waste, produce 
energy, or provide heat to the combustion system in preparation for 
waste disposal or energy production. Continuous burning does not mean 
the use of municipal solid waste solely to thermally protect the grate 
or hearth during the startup period when municipal solid waste is not 
fed to the grate or hearth.
    Continuous emission monitoring system means a monitoring system that 
continuously measures the emissions of a pollutant from a municipal 
waste combustion unit.
    Dioxins/furans mean tetra- through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Eight-hour block average means the average of all hourly emission 
concentrations or parameter levels when the municipal waste combustion 
unit operates and combusts municipal solid waste measured over any of 
three 8-hour periods of time:

[[Page 821]]

    (1) 12:00 midnight to 8:00 a.m.
    (2) 8:00 a.m. to 4:00 p.m.
    (3) 4:00 p.m. to 12:00 midnight.
    Federally enforceable means all limits and conditions the 
Administrator can enforce (including the requirements of 40 CFR parts 
60, 61, and 63), requirements in a State's implementation plan, and any 
permit requirements established under 40 CFR 52.21 or under 40 CFR 51.18 
and 40 CFR 51.24.
    First calendar half means the period that starts on January 1 and 
ends on June 30 in any year.
    Fluidized bed combustion unit means a unit where municipal waste is 
combusted in a fluidized bed of material. The fluidized bed material may 
remain in the primary combustion zone or may be carried out of the 
primary combustion zone and returned through a recirculation loop.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission concentrations or parameter levels when the 
municipal waste combustion unit operates and combusts municipal solid 
waste measured over any of six 4-hour periods:
    (1) 12:00 midnight to 4:00 a.m.
    (2) 4:00 a.m. to 8:00 a.m.
    (3) 8:00 a.m. to 12:00 noon.
    (4) 12:00 noon to 4:00 p.m.
    (5) 4:00 p.m. to 8:00 p.m.
    (6) 8:00 p.m. to 12:00 midnight.
    Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a refractory wall furnace. Unless otherwise specified, that 
includes municipal waste combustion units with a cylindrical rotary 
refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustion unit means a 
field-erected municipal waste combustion unit that combusts municipal 
solid waste in a cylindrical rotary waterwall furnace.
    Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a waterwall furnace.
    Materials separation plan means a plan that identifies a goal and an 
approach for separating certain components of municipal solid waste for 
a given service area in order to make the separated materials available 
for recycling. A materials separation plan may include three items:
    (1) Elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems.
    (2) Different goals or approaches for different subareas in the 
service area.
    (3) No materials separation activities for certain subareas or, if 
warranted, the entire service area.
    Maximum demonstrated load of a municipal waste combustion unit means 
the highest 4-hour block arithmetic average municipal waste combustion 
unit load achieved during 4 consecutive hours in the course of the most 
recent dioxins/furans stack test that demonstrates compliance with the 
applicable emission limit for dioxins/furans specified in this subpart.
    Maximum demonstrated temperature of the particulate matter control 
device means the highest 4-hour block arithmetic average flue gas 
temperature measured at the inlet of the particulate matter control 
device during 4 consecutive hours in the course of the most recent stack 
test for dioxins/furans emissions that demonstrates compliance with the 
limits specified in this subpart.
    Medical/infectious waste means any waste meeting the definition of 
``medical/infectious waste'' in Sec. 60.51c of subpart E, of this part.
    Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion 
unit means a combustion unit that combusts coal and refuse-derived fuel 
simultaneously, in which pulverized coal is introduced into an air 
stream that carries the coal to the combustion chamber of the unit where 
it is combusted in suspension. That includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed after June 6, 2001 and 
that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs.

[[Page 822]]

    (2) Any physical change in the municipal waste combustion unit or 
change in the method of operating it that increases the emission level 
of any air pollutant for which new source performance standards have 
been established under section 129 or section 111 of the CAA. Increases 
in the emission level of any air pollutant are determined when the 
municipal waste combustion unit operates at 100 percent of its physical 
load capability and are measured downstream of all air pollution control 
devices. Load restrictions based on permits or other nonphysical 
operational restrictions cannot be considered in the determination.
    Modular excess-air municipal waste combustion unit means a municipal 
waste combustion unit that combusts municipal solid waste, is not field-
erected, and has multiple combustion chambers, all of which are designed 
to operate at conditions with combustion air amounts in excess of 
theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means household, 
commercial/retail, or institutional waste. Household waste includes 
material discarded by residential dwellings, hotels, motels, and other 
similar permanent or temporary housing. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes materials 
discarded by schools, by hospitals (nonmedical), by nonmanufacturing 
activities at prisons and government facilities, and other similar 
establishments or facilities. Household, commercial/retail, and 
institutional waste does include yard waste and refuse-derived fuel. 
Household, commercial/retail, and institutional waste does not include 
used oil; sewage sludge; wood pallets; construction, renovation, and 
demolition wastes (which include railroad ties and telephone poles); 
clean wood; industrial process or manufacturing wastes; medical waste; 
or motor vehicles (including motor vehicle parts or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under Applicability 
(Sec. 60.1015(a)and (b)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are subject to subparts Ea or Eb of this part, 
or this subpart.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, but 
not limited to, field-erected combustion units (with or without heat 
recovery), modular combustion units (starved-air or excess-air), boilers 
(for example, steam generating units), furnaces (whether suspension-
fired, grate-fired, mass-fired, air curtain incinerators, or fluidized 
bed-fired), and pyrolysis/combustion units. Two criteria further define 
municipal waste combustion units:
    (1) Municipal waste combustion units do not include pyrolysis or 
combustion units located at a plastics or rubber recycling unit as 
specified under Applicability (Sec. 60.1020(h) and (i)). Municipal 
waste combustion units also do not include cement kilns that combust 
municipal solid waste as specified under Applicability (Sec. 
60.1020(j)). Municipal waste combustion units also do not include 
internal combustion engines, gas turbines, or other combustion devices 
that combust landfill gases collected by landfill gas collection 
systems.
    (2) The boundaries of a municipal waste combustion unit are defined 
as follows. The municipal waste combustion unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustion unit water 
system. The municipal waste combustion unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set. The municipal waste combustion unit boundary 
starts at the municipal solid waste pit

[[Page 823]]

or hopper and extends through three areas:
    (i) The combustion unit flue gas system, which ends immediately 
after the heat recovery equipment or, if there is no heat recovery 
equipment, immediately after the combustion chamber.
    (ii) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    (iii) The combustion unit water system, which starts at the feed 
water pump and ends at the piping that exits the steam drum or 
superheater.
    Particulate matter means total particulate matter emitted from 
municipal waste combustion units as measured using EPA Reference Method 
5 in appendix A of this part and the procedures specified in Sec. 
60.1300.
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). The 
feed materials are processed and marketed to become input feed stock for 
chemical plants or petroleum refineries. The following three criteria 
further define a plastics or rubber recycling unit:
    (1) Each calendar quarter, the combined weight of the feed stock 
that a plastics or rubber recycling unit produces must be more than 70 
percent of the combined weight of the plastics, rubber, and rubber tires 
that recycling unit processes.
    (2) The plastics, rubber, or rubber tires fed to the recycling unit 
may originate from separating or diverting plastics, rubber, or rubber 
tires from municipal or industrial solid waste. The feed materials may 
include manufacturing scraps, trimmings, and off-specification plastics, 
rubber, and rubber tire discards.
    (3) The plastics, rubber, and rubber tires fed to the recycling unit 
may contain incidental contaminants (for example, paper labels on 
plastic bottles or metal rings on plastic bottle caps).
    Potential hydrogen chloride emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Potential mercury emissions means the level of emissions from a 
municipal waste combustion unit that would occur from combusting 
municipal solid waste without controls for mercury emissions.
    Potential sulfur dioxide emissions means the level of emissions from 
a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids by heating municipal solid waste. The gases, liquids, or 
solids produced are combusted and the emissions vented to the 
atmosphere.
    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins after June 6, 2001.
    (2) The cumulative cost of the construction over the life of the 
unit exceeds 50 percent of the original cost of building and installing 
the municipal waste combustion unit (not including land) updated to 
current costs (current dollars). To determine what systems are within 
the boundary of the municipal waste combustion unit used to calculate 
those costs, see the definition in this section of ``municipal waste 
combustion unit.''
    Refractory unit or refractory wall furnace means a municipal waste 
combustion unit that has no energy recovery (such as through a 
waterwall) in the furnace of the municipal waste combustion unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. That includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Same location means the same or contiguous properties under common 
ownership or control, including those separated only by a street, road, 
highway, or other public right-of-way. Common

[[Page 824]]

ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof. Entities may include a municipality, other 
governmental unit, or any quasi-governmental authority (for example, a 
public utility district or regional authority for waste disposal).
    Second calendar half means the period that starts on July 1 and ends 
on December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of operating a municipal waste combustion unit and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the municipal waste combustion unit during an 
assigned shift.
    Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) 
combustion unit means a municipal waste combustion unit that combusts 
coal and refuse-derived fuel simultaneously, in which coal is introduced 
to the combustion zone by a mechanism that throws the fuel onto a grate 
from above. Combustion takes place both in suspension and on the grate.
    Standard conditions when referring to units of measure mean a 
temperature of 20 [deg]C and a pressure of 101.3 kilopascals.
    Startup period means the period when a municipal waste combustion 
unit begins the continuous combustion of municipal solid waste. It does 
not include any warmup period during which the municipal waste 
combustion unit combusts fossil fuel or other solid waste fuel but 
receives no municipal solid waste.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 in appendix A of this part and 
the procedures specified in Sec. 60.1300.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the municipal waste combustion unit 
operates and combusts municipal solid waste measured during the 24 hours 
between 12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or pressure-treated by compounds such as chromate 
copper arsenate, pentachlorophenol, and creosote.
    Waterwall furnace means a municipal waste combustion unit that has 
energy (heat) recovery in the furnace (for example, radiant heat 
transfer section) of the combustion unit.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. They come from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in this section.
    (2) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in this section.



 Sec. Table 1 to Subpart AAAA of Part 60--Emission Limits for New Small 
                    Municipal Waste Combustion Units

----------------------------------------------------------------------------------------------------------------
                                   You must meet the
  For the following pollutants     following emission  Using the following     And determine compliance by the
                                       limits \a\         averaging times             following methods
----------------------------------------------------------------------------------------------------------------
1. Organics
    Dioxins/Furans (total mass    13 nanograms per     3-run average        Stack test.
     basis).                       dry standard cubic   (minimum run
                                   meter.               duration is 4
                                                        hours).
2. Metals:

[[Page 825]]

 
    Cadmium.....................  0.020 milligrams     3-run average (run   Stack test.
                                   per dry standard     duration specified
                                   cubic meter.         in test method).
    Lead........................  0.20 milligrams per  3-run average (run   Stack test.
                                   dry standard cubic   duration specified
                                   meter.               in test method).
    Mercury.....................  0.080 milligrams     3-run average (run   Stack test.
                                   per dry standard     duration specified
                                   cubic meter or 85    in test method).
                                   percent reduction
                                   of potential
                                   mercury emissions.
    Opacity.....................  10 percent.........  Thirty 6-minute      Stack test.
                                                        averages.
    Particulate Matter..........  24 milligrams per    3-run average (run   Stack test.
                                   dry standard cubic   duration specified
                                   meter.               in test method).
3. Acid Gases:
    Hydrogen Chloride...........  25 parts per         3-run average        Stack test
                                   million by dry       (minimum run
                                   volume or 95         duration is 1
                                   percent reduction    hour).
                                   of potential
                                   hydrogen chloride
                                   emissions.
    Nitrogen Oxides (Class I      150 (180 for 1st     24-hour daily block  Continuous emission monitoring
     units) \b\.                   year of operation)   arithmetic average   system.
                                   parts per million    concentration.
                                   by dry volume.
    Nitrogen Oxides (Class II     500 parts per        See footnote \d\...  See footnote \d\
     units) \c\.                   million by dry
                                   volume.
    Sulfur Dioxide..............  30 parts per         24-hour daily block  Continuous monitoring emission
                                   million by dry       geometric average    system.
                                   volume or 80         concentration or
                                   percent reduction    percent reduction.
                                   of potential
                                   sulfur dioxide
                                   emissions.
4. Other:
    Fugitive Ash................  Visible emissions    Three 1-hour         Visible emission test.
                                   for no more than 5   observation
                                   percent of hourly    periods.
                                   observation period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits (except for opacity) are measured at 7 percent oxygen.
\b\ Class I units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of
  municipal solid waste. See Sec. 60.1465 for definitions.
\c\ Class II units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity no more than 250 tons per day of
  municipal solid waste. See Sec. 60.1465 for definitions.
\d\ No monitoring, testing, recordkeeping, or reporting is required to demonstrate compliance with the nitrogen
  oxides limit for Class II units.



Sec. Table 2 to Subpart AAAA of Part 60--Carbon Monoxide Emission Limits 
             for New Small Municipal Waste Combustion Units

----------------------------------------------------------------------------------------------------------------
    For the following municipal waste       You must meet the following     Using the following averaging times
            combustion units                 carbon monoxide limits \a\                     \b\
----------------------------------------------------------------------------------------------------------------
1. Fluidized-bed........................  100 parts per million by dry     4-hour.
                                           volume.
2. Fluidized bed, mixed fuel, (wood/      200 parts per million by dry     24-hour. \c\
 refuse-derived fuel).                     volume.
3. Mass burn rotary refractory..........  100 parts per million by dry     4-hour.
                                           volume.
4. Mass burn rotary waterwall...........  100 parts per million by dry     24-hour.
                                           volume.
5. Mass burn waterwall and refractory...  100 parts per million by dry     4-hour.
                                           volume.
6. Mixed fuel-fired (pulverized coal/     150 parts per million by dry     4-hour.
 refuse-derived fuel).                     volume.
7. Modular starved-air and excess air...  50 parts per million by dry      4-hour.
                                           volume.
8. Spreader stoker, mixed fuel-fired      150 parts per million by dry     24-hour daily.
 (coal/refuse-derived fuel).               volume.
9. Stoker, refuse-derived fuel..........  150 parts per million by dry     24-hour daily.
                                           volume.
----------------------------------------------------------------------------------------------------------------
\a\ All limits (except for opacity) are measured at 7 percent oxygen. Compliance is determined by continuous
  emission monitoring systems.
\b\ Block averages, arithmetic mean. See Sec. 60.1465 for definitions.
\c\ 24-hour block average, geometric mean. See Sec. 60.1465 for definitions.


[[Page 826]]



  Sec. Table 3 of Subpart AAAA to Part 60--Requirements for Validating 
              Continuous Emission Monitoring Systems (CEMS)

----------------------------------------------------------------------------------------------------------------
                                        Use the following methods in
For the following continuous emission    appendix A of this part to   Use the following methods in appendix A of
          monitoring systems                 validate pollutant         this part to measure oxygen (or carbon
                                            concentration levels                       dioxide)
----------------------------------------------------------------------------------------------------------------
1. Nitrogen Oxides (Class I units      Method 7, 7A, 7B, 7C, 7D, or   Method 3 or 3A.
 only) \a\.                             7E.
2. Sulfur Dioxide....................  Method 6 or 6C...............  Method 3 or 3A.
3. Carbon Monoxide...................  Method 10, 10A, or 10B.......  Method 3 or 3A.
----------------------------------------------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of
  municipal solid waste. See Sec. 60.1465 for definitions.



  Sec. Table 4 of Subpart AAAA to Part 60--Requirements for Continuous 
                   Emission Monitoring Systems (CEMS)

----------------------------------------------------------------------------------------------------------------
                                                              Use the following       If needed to meet minimum
                                                                 performance         data requirements, use the
  For the following pollutants     Use the following span     specifications in      following alternate methods
                                    values for your CEMS   appendix B of this part   in appendix A of this part
                                                                for your CEMS              to collect data
----------------------------------------------------------------------------------------------------------------
1. Opacity......................  100 percent opacity....  P.S. 1                   Method 9.
2. Nitrogen Oxides (Class I       Control device outlet:   P.S. 2                   Method 7E.
 units only) \a\.                  125 percent of the
                                   maximum expected
                                   hourly potential
                                   nitrogen oxides
                                   emissions of the
                                   municipal waste
                                   combustion unit.
3. Sulfur Dioxide...............  Inlet to control         P.S. 2                   Method 6C.
                                   device: 125 percent of
                                   the maximum expected
                                   sulfur dioxide
                                   emissions of the
                                   municipal waste
                                   combustion unit.
                                   Control device outlet:
                                   50 percent of the
                                   maximum expected
                                   hourly potential
                                   sulfur dioxide
                                   emissions of the
                                   municipal waste
                                   combustion unit.
4. Carbon Monoxide..............  125 percent of the       P.S. 4A                  Method 10 alternative
                                   maximum expected                                  interference trap.
                                   hourly potential
                                   carbon with monoxide
                                   emissions of the
                                   municipal waste
                                   combustion unit.
5. Oxygen or Carbon Dioxide.....  25 percent oxygen or 25  P.S. 3                   Method 3A or 3B.
                                   percent carbon dioxide.
----------------------------------------------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of
  municipal solid waste. See Sec. 60.1465 for definitions.



  Sec. Table 5 of Subpart AAAA to Part 60--Requirements for Stack Tests

----------------------------------------------------------------------------------------------------------------
                                        Use the following      Use the methods in
                                      methods in appendix A    appendix A of this
To measure the following pollutants      of this part to         part to measure       Also note the following
                                     determine the sampling         pollutant           additional information
                                            location              concentration
----------------------------------------------------------------------------------------------------------------
1. Organics:
    Dioxins/Furans.................  Method 1..............  Method 23 \a\.........  The minimum sampling time
                                                                                      must be 4 hours per test
                                                                                      run while the municipal
                                                                                      waste combustion unit is
                                                                                      operating at full load.
2. Metals:
    Cadmium........................  Method 1..............  Method 29 \a\.........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Lead...........................  Method 1..............  Method 29 \a\.........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Mercury........................  Method 1..............  Method 29 \a\.........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Opacity........................  Method 9..............  Method 9..............  Use Method 9 to determine
                                                                                      compliance with opacity
                                                                                      limit. 3-hour observation
                                                                                      period (thirty 6-minute
                                                                                      averages).
    Particulate Matter.............  Method 1..............  Method 5 \a\..........  The minimum sample Matter
                                                                                      volume must be 1.0 cubic
                                                                                      meters. The probe and
                                                                                      filter holder heating
                                                                                      systems in the sample
                                                                                      train must be set to
                                                                                      provide a gas temperature
                                                                                      no greater than 160 14[deg]C.
                                                                                      The minimum sampling time
                                                                                      is 1 hour.

[[Page 827]]

 
3. Acid Gases: \b\
    Hydrogen Chloride..............  Method 1..............  Method 26 or 26A \a\..  Test runs must be at least
                                                                                      1 hour long while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
4. Other: \b\
    Fugitive Ash...................  Not applicable........  Method 22 (visible      The three 1-hour
                                                              emissions).             observation period must
                                                                                      include periods when the
                                                                                      facility transfers
                                                                                      fugitive ash from the
                                                                                      municipal waste combustion
                                                                                      unit to the area where the
                                                                                      fugitive ash is stored or
                                                                                      loaded into containers or
                                                                                      trucks.
----------------------------------------------------------------------------------------------------------------
\a\ Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part.
\b\ Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except
  for quality assurance requirements in appendix F of this part.



    Subpart BBBB_Emission Guidelines and Compliance Times for Small 
  Municipal Waste Combustion Units Constructed on or Before August 30, 
                                  1999

    Source: 65 FR 76384, Dec. 6, 2000, unless otherwise noted.

                              Introduction



Sec. 60.1500  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from existing small municipal 
waste combustion units. The pollutants addressed by the emission 
guidelines are listed in tables 2, 3, 4, and 5 of this subpart. The 
emission guidelines are developed in accordance with sections 111(d) and 
129 of the Clean Air Act (CAA) and subpart B of this part.



Sec. 60.1505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing small 
municipal waste combustion units that commenced construction on or 
before August 30, 1999, you must submit a State plan to the U.S. 
Environmental Protection Agency (EPA) that implements the emission 
guidelines contained in this subpart.
    (b) You must submit the State plan to EPA by December 6, 2001.



Sec. 60.1510  Is a State plan required for all States?

    No, you are not required to submit a State plan if there are no 
existing small municipal waste combustion units in your State and you 
submit a negative declaration letter in place of the State plan.



Sec. 60.1515  What must I include in my State plan?

    (a) Include nine items:
    (1) Inventory of affected municipal waste combustion units, 
including those that have ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected municipal waste combustion 
units in your State.
    (3) Compliance schedules for each affected municipal waste 
combustion unit.
    (4) Good combustion practices and emission limits for affected 
municipal waste ombustion units that are at least as protective as the 
emission guidelines contained in this subpart.
    (5) Stack testing, continuous emission monitoring, recordkeeping, 
and reporting requirements.
    (6) Certification that the hearing on the State plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you selected 
for implementing the emission guidelines of this subpart.

[[Page 828]]

    (9) Demonstration of your State's legal authority to carry out the 
CAA sections 111(d) and 129 State plan.
    (b) Your State plan can deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your State 
plan does deviate, you must demonstrate that your State plan is as 
protective as the emission guidelines contained in this subpart. Your 
State plan must address regulatory applicability, increments of progress 
for retrofit, operator training and certification, operating practice, 
emission limits, continuous emission monitoring, stack testing, 
recordkeeping, reporting, and air curtain incinerator requirements.
    (c) Follow the requirements of subpart B of this part in your State 
plan.



Sec. 60.1520  Is there an approval process for my State plan?

    The EPA will review your State plan according to Sec. 60.27.



Sec. 60.1525  What if my State plan is not approvable?

    If you do not submit an approvable State plan (or a negative 
declaration letter), EPA will develop a Federal plan, according to Sec. 
60.27 to implement the emission guidelines contained in this subpart. 
Owners and operators of municipal waste combustion units not covered by 
an approved and currently effective State plan must comply with the 
Federal plan. The Federal plan is an interim action and, by its own 
terms, will cease to apply when your State plan is approved and becomes 
effective.



Sec. 60.1530  Is there an approval process for a negative declaration
letter?

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



Sec. 60.1535  What compliance schedule must I include in my State plan?

    (a) Your State plan must include compliance schedules that require 
small municipal waste combustion units to achieve final compliance or 
cease operation as expeditiously as practicable but not later than the 
earlier of two dates:
    (1) December 6, 2005.
    (2) Three years after the effective date of State plan approval.
    (b) For compliance schedules longer than 1 year after the effective 
date of State plan approval, State plans must include two items:
    (1) Dates for enforceable increments of progress as specified in 
Sec. 60.1590.
    (2) For Class I units (see definition in Sec. 60.1940), dioxins/
furans stack test results for at least one test conducted during or 
after 1990. The stack tests must have been conducted according to the 
procedures specified under Sec. 60.1790.
    (c) Class I units that commenced construction after June 26, 1987 
must comply with the dioxins/furans and mercury limits specified in 
tables 2 and 3 of this subpart by the later of two dates:
    (1) One year after the effective date of State plan approval.
    (2) One year following the issuance of a revised construction or 
operation permit, if a permit modification is required.



Sec. 60.1540  Are there any State plan requirements for this subpart
that supersede the requirements specified in subpart B?

    Subpart B of this part establishes general requirements for 
developing and processing CAA section 111(d) plans. This subpart applies 
instead of the requirements in subpart B of this part, for two items:
    (a) Option for case-by-case less stringent emission standards and 
longer compliance schedules. State plans developed to implement this 
subpart must be as protective as the emission guidelines contained in 
this subpart. State plans must require all municipal waste combustion 
units to comply no later than December 6, 2005. That requirement applies 
instead of the option for case-by-case less stringent emission standards 
and longer compliance schedules in Sec. 60.24(f).

[[Page 829]]

    (b) Increments of progress requirements. For Class II units (see 
definition in Sec. 60.1940), a State plan must include at least two 
increments of progress for the affected municipal waste combustion 
units. The two minimum increments are the final control plan submittal 
date and final compliance date in Sec. 60.21(h)(1) and (5). That 
requirement applies instead of the requirement of Sec. 60.24(e)(1) that 
would require a State plan to include all five increments of progress 
for all municipal waste combustion units. For Class I units under this 
subpart, the final control plan must contain the five increments of 
progress in Sec. 60.24(e)(1).



Sec. 60.1545  Does this subpart directly affect municipal waste 
combustion unit owners and operators in my State?

    (a) No, this subpart does not directly affect municipal waste 
combustion unit owners and operators in your State. However, municipal 
waste combustion unit owners and operators must comply with the State 
plan you developed to implement the emission guidelines contained in 
this subpart. Some States may incorporate the emission guidelines 
contained in this subpart into their State plans by direct incorporation 
by reference. Others may include the model rule text directly in their 
State plan.
    (b) All municipal waste combustion units must be in compliance with 
the requirements established in this subpart by December 6, 2005, 
whether the municipal waste combustion unit is regulated under a State 
or Federal plan.

                      Applicability of State Plans



Sec. 60.1550  What municipal waste combustion units must I address
in my State plan?

    (a) Your State plan must address all existing small municipal waste 
combustion units in your State that meet two criteria:
    (1) The municipal waste combustion unit has the capacity to combust 
at least 35 tons per day of municipal solid waste but no more than 250 
tons per day of municipal solid waste or refuse-derived fuel.
    (2) The municipal waste combustion unit commenced construction on or 
before August 30, 1999.
    (b) If an owner or operator of a municipal waste combustion unit 
makes changes that meet the definition of modification or reconstruction 
after June 6, 2001 for subpart AAAA of this part, the municipal waste 
combustion unit becomes subject to subpart AAAA of this part and the 
State plan no longer applies to that unit.
    (c) If an owner or operator of a municipal waste combustion unit 
makes physical or operational changes to an existing municipal waste 
combustion unit primarily to comply with your State plan, subpart AAAA 
of this part (New Source Performance Standards for New Small Municipal 
Waste Combustion Units) does not apply to that unit. Such changes do not 
constitute modifications or reconstructions under subpart AAAA of this 
part.



Sec. 60.1555  Are any small municipal waste combustion units exempt
from my State plan?

    (a) Small municipal waste combustion units that combust less than 11 
tons per day. Units are exempt from your State plan if four requirements 
are met:
    (1) The municipal waste combustion unit is subject to a federally 
enforceable permit limiting the amount of municipal solid waste 
combusted to less than 11 tons per day.
    (2) You are notified by the owner or operator that the unit 
qualifies for the exemption.
    (3) You receive from the owner or operator of the unit a copy of the 
federally enforceable permit.
    (4) The owner or operator of the unit keeps daily records of the 
amount of municipal solid waste combusted.
    (b) Small power production units. Units are exempt from your State 
plan if four requirements are met:
    (1) The unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You are notified by the owner or operator that the unit 
qualifies for the exemption.

[[Page 830]]

    (4) You receive documentation from the owner or operator that the 
unit qualifies for the exemption.
    (c) Cogeneration units. Units are exempt from your State plan if 
four requirements are met:
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You are notified by the owner or operator that the unit 
qualifies for the exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for the exemption.
    (d) Municipal waste combustion units that combust only tires. Units 
are exempt from your State plan if three requirements are met:
    (1) The municipal waste combustion unit combusts a single-item waste 
stream of tires and no other municipal waste (the unit can co-fire coal, 
fuel oil, natural gas, or other nonmunicipal solid waste).
    (2) You are notified by the owner or operator that the unit 
qualifies for the exemption.
    (3) You receive documentation from the owner or operator that the 
unit qualifies for the exemption.
    (e) Hazardous waste combustion units. Units are exempt from your 
State plan if the units have received a permit under section 3005 of the 
Solid Waste Disposal Act.
    (f) Materials recovery units. Units are exempt from your State plan 
if the units combust waste mainly to recover metals. Primary and 
secondary smelters may qualify for the exemption.
    (g) Co-fired units. Units are exempt from your State plan if four 
requirements are met:
    (1) The unit has a federally enforceable permit limiting municipal 
solid waste combustion to 30 percent of the total fuel input by weight.
    (2) You are notified by the owner or operator that the unit 
qualifies for the exemption.
    (3) You receive from the owner or operator of the unit a copy of the 
federally enforceable permit.
    (4) The owner or operator records the weights, each quarter, of 
municipal solid waste and of all other fuels combusted.
    (h) Plastics/rubber recycling units. Units are exempt from your 
State plan if four requirements are met:
    (1) The pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' (Sec. 
60.1940).
    (2) The owner or operator of the unit records the weight, each 
quarter, of plastics, rubber, and rubber tires processed.
    (3) The owner or operator of the unit records the weight, each 
quarter, of feed stocks produced and marketed from chemical plants and 
petroleum refineries.
    (4) The owner or operator of the unit keeps the name and address of 
the purchaser of the feed stocks.
    (i) Units that combust fuels made from products of plastics/rubber 
recycling plants. Units are exempt from your State plan if two 
requirements are met:
    (1) The unit combusts gasoline, diesel fuel, jet fuel, fuel oils, 
residual oil, refinery gas, petroleum coke, liquified petroleum gas, 
propane, or butane produced by chemical plants or petroleum refineries 
that use feed stocks produced by plastics/rubber recycling units.
    (2) The unit does not combust any other municipal solid waste.
    (j) Cement kilns. Cement kilns that combust municipal solid waste 
are exempt from your State plan.
    (k) Air curtain incinerators. If an air curtain incinerator (see 
Sec. 60.1940 for definition) combusts 100 percent yard waste, then 
those units must only meet the requirements under ``Model Rule--Air 
Curtain Incinerators That Burn 100 Percent Yard Waste'' (Sec. Sec. 
60.1910 through 60.1930).



Sec. 60.1560  Can an affected municipal waste combustion unit reduce
its capacity to less than 35 tons per day rather than comply with

my State plan?

    (a) Yes, an owner or operator of an affected municipal waste 
combustion unit may choose to reduce, by your

[[Page 831]]

final compliance date, the maximum combustion capacity of the unit to 
less than 35 tons per day of municipal solid waste rather than comply 
with your State plan. They must submit a final control plan and the 
notifications of achievement of increments of progress as specified in 
Sec. 60.1610.
    (b) The final control plan must, at a minimum, include two items:
    (1) A description of the physical changes that will be made to 
accomplish the reduction.
    (2) Calculations of the current maximum combustion capacity and the 
planned maximum combustion capacity after the reduction. Use the 
equations specified under Sec. 60.1935(d) and (e) to calculate the 
combustion capacity of a municipal waste combustion unit.
    (c) A permit restriction or a change in the method of operation does 
not qualify as a reduction in capacity. Use the equations specified 
under Sec. 60.1935(d) and (e) to calculate the combustion capacity of a 
municipal waste combustion unit.



Sec. 60.1565  What subcategories of small municipal waste combustion
units must I include in my State plan?

    This subpart specifies different requirements for different 
subcategories of municipal waste combustion units. You must use those 
same two subcategories in your State plan. Those two subcategories are 
based on the aggregate capacity of the municipal waste combustion plant 
as follows:
    (a) Class I units. Class I units are small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity greater than 250 tons per 
day of municipal solid waste. (See the definition of ``municipal waste 
combustion plant capacity'' in Sec. 60.1940 for specification of which 
units at a plant are included in the aggregate capacity calculation.)
    (b) Class II units. Class II units are small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity less than or equal to 250 
tons per day of municipal solid waste. (See the definition of 
``municipal waste combustion plant capacity'' in Sec. 60.1940 for 
specification of which units at a plant are included in the aggregate 
capacity calculation.)

                            Use of Model Rule



Sec. 60.1570  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of the emission guidelines 
(Sec. Sec. 60.1585 through 60.1905) that addresses the regulatory 
requirements applicable to small municipal waste combustion units. The 
model rule provides the requirements in a regulation format.
    (b) In the model rule, ``you'' means the owner or operator of a 
small municipal waste combustion unit.



Sec. 60.1575  How does the model rule relate to the required elements
of my State plan?

    The model rule may be used to satisfy the State plan requirements 
specified in Sec. 60.1515(a)(4) and (5). Alternative language may be 
used in your State plan, but only if you can demonstrate that the 
alternative language is as protective as the model rule.



Sec. 60.1580  What are the principal components of the model rule?

    The model rule contains five major components:
    (a) Increments of progress toward compliance.
    (b) Good combustion practices:
    (1) Operator training.
    (2) Operator certification.
    (3) Operating requirements.
    (c) Emission limits.
    (d) Monitoring and stack testing.
    (e) Recordkeeping and reporting.

                   Model Rule--Increments of Progress



Sec. 60.1585  What are my requirements for meeting increments of 
progress and achieving final compliance?

    (a) Class I units. If you plan to achieve compliance more than 1 
year following the effective date of State plan approval and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet five increments of progress:
    (1) Submit a final control plan.

[[Page 832]]

    (2) Submit a notification of retrofit contract award.
    (3) Initiate onsite construction.
    (4) Complete onsite construction.
    (5) Achieve final compliance.
    (b) Class II units. If you plan to achieve compliance more than 1 
year following the effective date of State plan approval and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet two increments of progress:
    (1) Submit a final control plan.
    (2) Achieve final compliance.



Sec. 60.1590  When must I complete each increment of progress?

    Table 1 of this subpart specifies compliance dates for each of the 
increments of progress for Class I and II units. (See Sec. 60.1940 for 
definitions of classes.)



Sec. 60.1595  What must I include in the notifications of achievement
of my increments of progress?

    Your notification of achievement of increments of progress must 
include three items:
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with the increment of 
progress (Sec. Sec. 60.1610 through 60.1630).
    (c) The notification must be signed by the owner or operator of the 
municipal waste combustion unit.



Sec. 60.1600  When must I submit the notifications of achievement
of increments of progress?

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



Sec. 60.1605  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the specified date in table 1 of this subpart for achieving that 
increment of progress. The notification must inform the Administrator 
that you did not meet the increment. You must include in the 
notification an explanation of why the increment of progress was not met 
and your plan for meeting the increment as expeditiously as possible. 
You must continue to submit reports each subsequent month until the 
increment of progress is met.



Sec. 60.1610  How do I comply with the increment of progress for
submittal of a control plan?

    For your control plan increment of progress, you must complete two 
items:
    (a) Submit the final control plan, including a description of the 
devices for air pollution control and process changes that you will use 
to comply with the emission limits and other requirements of this 
subpart.
    (b) You must maintain an onsite copy of the final control plan.



Sec. 60.1615  How do I comply with the increment of progress for 
awarding contracts?

    You must submit a signed copy of the contracts awarded to initiate 
onsite construction, initiate onsite installation of emission control 
equipment, and incorporate process changes. Submit the copy of the 
contracts with the notification that the increment of progress has been 
achieved. You do not need to include documents incorporated by reference 
or the attachments to the contracts.



Sec. 60.1620  How do I comply with the increment of progress for 
initiating onsite construction?

    You must initiate onsite construction and installation of emission 
control equipment and initiate the process changes outlined in the final 
control plan.



Sec. 60.1625  How do I comply with the increment of progress for 
completing onsite construction?

    You must complete onsite construction and installation of emission 
control equipment and complete process changes outlined in the final 
control plan.

[[Page 833]]



Sec. 60.1630  How do I comply with the increment of progress for 
achieving final compliance?

    For the final compliance increment of progress, you must complete 
two items:
    (a) Complete all process changes and complete retrofit construction 
as specified in the final control plan.
    (b) Connect the air pollution control equipment with the municipal 
waste combustion unit identified in the final control plan and complete 
process changes to the municipal waste combustion unit so that if the 
affected municipal waste combustion unit is brought online, all 
necessary process changes and air pollution control equipment are 
operating as designed.



Sec. 60.1635  What must I do if I close my municipal waste combustion 
unit and then restart my municipal waste combustion unit?

    (a) If you close your municipal waste combustion unit but will 
reopen it prior to the final compliance date in your State plan, you 
must meet the increments of progress specified in Sec. 60.1585.
    (b) If you close your municipal waste combustion unit but will 
restart it after your final compliance date, you must complete emission 
control retrofit and meet the emission limits and good combustion 
practices on the date your municipal waste combustion unit restarts 
operation.



Sec. 60.1640  What must I do if I plan to permanently close my municipal
waste combustion unit and not restart it?

    (a) If you plan to close your municipal waste combustion unit rather 
than comply with the State plan, you must submit a closure notification, 
including the date of closure, to the Administrator by the date your 
final control plan is due.
    (b) If the closure date is later than 1 year after the effective 
date of State plan approval, you must enter into a legally binding 
closure agreement with the Administrator by the date your final control 
plan is due. The agreement must specify the date by which operation will 
cease.

        Model Rule--Good Combustion Practices: Operator Training



Sec. 60.1645  What types of training must I do?

    There are two types of required training:
    (a) Training of operators of municipal waste combustion units using 
the EPA or a State-approved training course.
    (b) Training of plant personnel using a plant-specific training 
course.



Sec. 60.1650  Who must complete the operator training course? By when?

    (a) Three types of employees must complete the EPA or State-approved 
operator training course:
    (1) Chief facility operators.
    (2) Shift supervisors.
    (3) Control room operators.
    (b) Those employees must complete the operator training course by 
the later of three dates:
    (1) One year after the effective date of State plan approval.
    (2) Six months after your municipal waste combustion unit starts up.
    (3) The date before an employee assumes responsibilities that affect 
operation of the municipal waste combustion unit.
    (c) The requirement in paragraph (a) of this section does not apply 
to chief facility operators, shift supervisors, and control room 
operators who have obtained full certification from the American Society 
of Mechanical Engineers on or before the effective date of State plan 
approval.
    (d) You may request that the EPA Administrator waive the requirement 
in paragraph (a) of this section for chief facility operators, shift 
supervisors, and control room operators who have obtained provisional 
certification from the American Society of Mechanical Engineers on or 
before the effective date of State plan approval.



Sec. 60.1655  Who must complete the plant-specific training course?

    All employees with responsibilities that affect how a municipal 
waste combustion unit operates must complete the plant-specific training 
course. Include at least six types of employees:
    (a) Chief facility operators.

[[Page 834]]

    (b) Shift supervisors.
    (c) Control room operators.
    (d) Ash handlers.
    (e) Maintenance personnel.
    (f) Crane or load handlers.



Sec. 60.1660  What plant-specific training must I provide?

    For plant-specific training, you must do four things:
    (a) For training at a particular plant, develop a specific operating 
manual for that plant by the later of two dates:
    (1) Six months after your municipal waste combustion unit starts up.
    (2) One year after the effective date of State plan approval.
    (b) Establish a program to review the plant-specific operating 
manual with people whose responsibilities affect the operation of your 
municipal waste combustion unit. Complete the initial review by the 
later of three dates:
    (1) One year after the effective date of State plan approval.
    (2) Six months after your municipal waste combustion unit starts up.
    (3) The date before an employee assumes responsibilities that affect 
operation of the municipal waste combustion unit.
    (c) Update your manual annually.
    (d) Review your manual with staff annually.



Sec. 60.1665  What information must I include in the plant-specific 
operating manual?

    You must include 11 items in the operating manual for your plant:
    (a) A summary of all applicable requirements in this subpart.
    (b) A description of the basic combustion principles that apply to 
municipal waste combustion units.
    (c) Procedures for receiving, handling, and feeding municipal solid 
waste.
    (d) Procedures to be followed during periods of startup, shutdown, 
and malfunction of the municipal waste combustion unit.
    (e) Procedures for maintaining a proper level of combustion air 
supply.
    (f) Procedures for operating the municipal waste combustion unit in 
compliance with the requirements contained in this subpart.
    (g) Procedures for responding to periodic upset or off-specification 
conditions.
    (h) Procedures for minimizing carryover of particulate matter.
    (i) Procedures for handling ash.
    (j) Procedures for monitoring emissions from the municipal waste 
combustion unit.
    (k) Procedures for recordkeeping and reporting.



Sec. 60.1670  Where must I keep the plant-specific operating manual?

    You must keep your operating manual in an easily accessible location 
at your plant. It must be available for review or inspection by all 
employees who must review it and by the Administrator.

      Model Rule--Good Combustion Practices: Operator Certification



Sec. 60.1675  What types of operator certification must the chief 
facility operator and shift supervisor obtain and by when must 

they obtain it?

    (a) Each chief facility operator and shift supervisor must obtain 
and keep a current provisional operator certification from the American 
Society of Mechanical Engineers (QRO-1-1994) (incorporated by reference 
in Sec. 60.17(h)(1)) or a current provisional operator certification 
from your State certification program.
    (b) Each chief facility operator and shift supervisor must obtain a 
provisional certification by the later of three dates:
    (1) For Class I units, 12 months after the effective date of State 
plan approval. For Class II units, 18 months after the effective date of 
State plan approval.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste combustion 
unit or 6 months after they are hired to work at the municipal waste 
combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of three actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers or a State certification program in your State.

[[Page 835]]

    (2) Schedule a full certification exam with the American Society of 
Mechanical Engineers (QRO-1-1994) (incorporated by reference in Sec. 
60.17(h)(1)).
    (3) Schedule a full certification exam with your State certification 
program.
    (d) The chief facility operator and shift supervisor must obtain the 
full certification or be scheduled to take the certification exam by the 
later of the following dates:
    (1) For Class I units, 12 months after the effective date of State 
plan approval. For Class II units, 18 months after the effective date of 
State plan approval.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste combustion 
unit or 6 months after they are hired to work at the municipal waste 
combustion unit.



Sec. 60.1680  After the required date for operator certification, 
who may operate the municipal waste combustion unit?

    After the required date for full or provisional certification, you 
must not operate your municipal waste combustion unit unless one of four 
employees is on duty:
    (a) A fully certified chief facility operator.
    (b) A provisionally certified chief facility operator who is 
scheduled to take the full certification exam.
    (c) A fully certified shift supervisor.
    (d) A provisionally certified shift supervisor who is scheduled to 
take the full certification exam.



Sec. 60.1685  What if all the certified operators must be temporarily offsite?

    If the certified chief facility operator and certified shift 
supervisor both are unavailable, a provisionally certified control room 
operator at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor are 
away, you must meet one of three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for 12 hours or less and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator.
    (b) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, the provisionally certified 
control room operator may perform those duties without notice to, or 
approval by, the Administrator. However, you must record the periods 
when the certified chief facility operator and certified shift 
supervisor are offsite and include the information in the annual report 
as specified under Sec. 60.1885(l).
    (c) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks, and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator. However, you must take two actions:
    (1) Notify the Administrator in writing. In the notice, state what 
caused the absence and what you are doing to ensure that a certified 
chief facility operator or certified shift supervisor is onsite.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks following the initial notification. If the 
Administrator notifies you that your status report or corrective action 
summary is disapproved, the municipal waste combustion unit may continue 
operation for 90 days, but then must cease operation. If corrective 
actions are taken in the 90-day period such that the Administrator 
withdraws the disapproval, municipal waste combustion unit operation may 
continue.

      Model Rule--Good Combustion Practices: Operating Requirements



Sec. 60.1690  What are the operating practice requirements for my 
municipal waste combustion unit?

    (a) You must not operate your municipal waste combustion unit at 
loads greater than 110 percent of the maximum demonstrated load of the 
municipal waste combustion unit (4-hour block average), as specified 
under ``Definitions'' (Sec. 60.1940).

[[Page 836]]

    (b) You must not operate your municipal waste combustion unit so 
that the temperature at the inlet of the particulate matter control 
device exceeds 17[deg]C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec. 60.1940).
    (c) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must maintain an 8-hour 
block average carbon feed rate at or above the highest average level 
established during the most recent dioxins/furans or mercury test.
    (d) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must evaluate total 
carbon usage for each calendar quarter. The total amount of carbon 
purchased and delivered to your municipal waste combustion plant must be 
at or above the required quarterly usage of carbon. At your option, you 
may choose to evaluate required quarterly carbon usage on a municipal 
waste combustion unit basis for each individual municipal waste 
combustion unit at your plant. Calculate the required quarterly usage of 
carbon using equation 4 or 5 in Sec. 60.1935(f).
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator or delegated State authority permits 
you to do any of five activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.



Sec. 60.1695  What happens to the operating requirements during 
periods of startup, shutdown, and malfunction?

    (a) The operating requirements of this subpart apply at all times 
except during periods of municipal waste combustion unit startup, 
shutdown, or malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.

                       Model Rule--Emission Limits



Sec. 60.1700  What pollutants are regulated by this subpart?

    Eleven pollutants, in four groupings, are regulated:
    (a) Organics. Dioxins/furans.
    (b) Metals. (1) Cadmium.
    (2) Lead.
    (3) Mercury.
    (4) Opacity.
    (5) Particulate matter.
    (c) Acid gases. (1) Hydrogen chloride.
    (2) Nitrogen oxides.
    (3) Sulfur dioxide.
    (d) Other. (1) Carbon monoxide.
    (2) Fugitive ash.



Sec. 60.1705  What emission limits must I meet? By when?

    (a) After the date the initial stack test and continuous emission 
monitoring system evaluation are required or completed (whichever is 
earlier), you must meet the applicable emission limits specified in the 
four tables of this subpart:
    (1) For Class I units, see tables 2 and 3 of this subpart.
    (2) For Class II units, see table 4 of this subpart.
    (3) For carbon monoxide emission limits for both classes of units, 
see table 5 of this subpart.
    (b) If your Class I municipal waste combustion unit began 
construction, reconstruction, or modification after June 26, 1987, then 
you must comply with the dioxins/furans and mercury

[[Page 837]]

emission limits specified in table 2 of this subpart as applicable by 
the later of the following two dates:
    (1) One year after the effective date of State plan approval.
    (2) One year after the issuance of a revised construction or 
operating permit, if a permit modification is required. Final compliance 
with the dioxins/furans limits must be achieved no later than December 
6, 2005, even if the date 1 year after the issuance of a revised 
construction or operation permit is later than December 6, 2005.



Sec. 60.1710  What happens to the emission limits during periods of
startup, shutdown, and malfunction?

    (a) The emission limits of this subpart apply at all times except 
during periods of municipal waste combustion unit startup, shutdown, or 
malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.
    (c) A maximum of 3 hours of test data can be dismissed from 
compliance calculations during periods of startup, shutdown, or 
malfunction.
    (d) During startup, shutdown, or malfunction periods longer than 3 
hours, emissions data cannot be discarded from compliance calculations 
and all provisions under Sec. 60.11(d) apply.

               Model Rule--Continuous Emission Monitoring



Sec. 60.1715  What types of continuous emission monitoring must I perform?

    To continuously monitor emissions, you must perform four tasks:
    (a) Install continuous emission monitoring systems for certain 
gaseous pollutants.
    (b) Make sure your continuous emission monitoring systems are 
operating correctly.
    (c) Make sure you obtain the minimum amount of monitoring data.
    (d) Install a continuous opacity monitoring system.



Sec. 60.1720  What continuous emission monitoring systems must I 
install for gaseous pollutants?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, also install, calibrate, maintain, and operate a 
continuous emission monitoring system for nitrogen oxides. Install the 
continuous emission monitoring systems for sulfur dioxide, nitrogen 
oxides, and oxygen (or carbon dioxide) at the outlet of the air 
pollution control device.
    (b) You must install, evaluate, and operate each continuous emission 
monitoring system according to the ``Monitoring Requirements'' in Sec. 
60.13.
    (c) You must monitor the oxygen (or carbon dioxide) concentration at 
each location where you monitor sulfur dioxide and carbon monoxide. 
Additionally, if you operate a Class I municipal waste combustion unit, 
you must also monitor the oxygen (or carbon dioxide) concentration at 
the location where you monitor nitrogen oxides.
    (d) You may choose to monitor carbon dioxide instead of oxygen as a 
diluent gas. If you choose to monitor carbon dioxide, then an oxygen 
monitor is not required and you must follow the requirements in Sec. 
60.1745.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install continuous 
emission monitoring systems for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.
    (f) If you prefer to use an alternative sulfur dioxide monitoring 
method, such as parametric monitoring, or cannot monitor emissions at 
the inlet of the air pollution control device to determine percent 
reduction, you can apply to the Administrator for approval to use an 
alternative monitoring method under Sec. 60.13(i).



Sec. 60.1725  How are the data from the continuous emission monitoring
systems used?

    You must use data from the continuous emission monitoring systems 
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate 
continuous compliance with the applicable emission limits specified in 
tables 2, 3, 4, and 5 of this subpart. To demonstrate

[[Page 838]]

compliance for dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash, see Sec. 60.1780.



Sec. 60.1730  How do I make sure my continuous emission monitoring 
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure oxygen (or 
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal 
waste combustion units only), and carbon monoxide.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 180 days after your final compliance date.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide) 
continuous emission monitoring system, your sulfur dioxide, nitrogen 
oxides, or carbon monoxide continuous emission monitoring systems, as 
appropriate, and the appropriate test methods specified in table 6 of 
this subpart. Collect the data during each initial and annual evaluation 
of your continuous emission monitoring systems following the applicable 
performance specifications in appendix B of this part. table 7 of this 
subpart shows the performance specifications that apply to each 
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.



Sec. 60.1735  Am I exempt from any appendix B or appendix F 
requirements to evaluate continuous emission monitoring systems?

    Yes, the accuracy tests for your sulfur dioxide continuous emission 
monitoring system require you to also evaluate your oxygen (or carbon 
dioxide) continuous emission monitoring system. Therefore, your oxygen 
(or carbon dioxide) continuous emission monitoring system is exempt from 
two requirements:
    (a) Section 2.3 of Performance Specification 3 in appendix B of this 
part (relative accuracy requirement).
    (b) Section 5.1.1 of appendix F of this part (relative accuracy test 
audit).



Sec. 60.1740  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 13 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.



Sec. 60.1745  What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?

    You must establish the relationship between oxygen and carbon 
dioxide during the initial evaluation of your continuous emission 
monitoring systems. You may reestablish the relationship during annual 
evaluations. To establish the relationship use three procedures:
    (a) Use EPA Reference Method 3A or 3B in appendix A of this part to 
determine oxygen concentration at the location of your carbon dioxide 
monitor.
    (b) Conduct at least three test runs for oxygen. Make sure each test 
run represents a 1-hour average and that sampling continues for at least 
30 minutes in each hour.
    (c) Use the fuel-factor equation in EPA Reference Method 3B in 
appendix A of this part to determine the relationship between oxygen and 
carbon dioxide.



Sec. 60.1750  What is the minimum amount of monitoring data I must
collect with my continuous emission monitoring systems and is 

the data collection 
          requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for sulfur 
dioxide, nitrogen oxides (Class I municipal waste combustion units 
only), and carbon monoxide are in parts per million by dry volume at 7 
percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour 
averages of oxygen (or carbon dioxide) data from your continuous 
emission monitoring system to determine the actual oxygen (or carbon 
dioxide) level and to calculate emissions

[[Page 839]]

at 7 percent oxygen (or the equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle of 
operation (sampling, analyzing, and data recording) for each 15-minute 
period.
    (c) Obtain valid 1-hour averages for 75 percent of the operating 
hours per day for 90 percent of the operating days per calendar quarter. 
An operating day is any day the unit combusts any municipal solid waste 
or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you are in violation of the data collection 
requirement regardless of the emission level monitored, and you must 
notify the Administrator according to Sec. 60.1885(e).
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations and percent reductions in accordance with Sec. 60.1755.



Sec. 60.1755  How do I convert my 1-hour arithmetic averages into 
appropriate averaging times and units?

    (a) Use the equation in Sec. 60.1935(a) to calculate emissions at 7 
percent oxygen.
    (b) Use EPA Reference Method 19 in appendix A of this part, section 
4.3, to calculate the daily geometric average concentrations of sulfur 
dioxide emissions. If you are monitoring the percent reduction of sulfur 
dioxide, use EPA Reference Method 19 in appendix A of this part, section 
5.4, to determine the daily geometric average percent reduction of 
potential sulfur dioxide emissions.
    (c) If you operate a Class I municipal waste combustion unit, use 
EPA Reference Method 19 in appendix A of this part, section 4.1, to 
calculate the daily arithmetic average for concentrations of nitrogen 
oxides.
    (d) Use EPA Reference Method 19 in appendix A of this part, section 
4.1, to calculate the 4-hour or 24-hour daily block averages (as 
applicable) for concentrations of carbon monoxide.



Sec. 60.1760  What is required for my continuous opacity monitoring 
system and how are the data used?

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec. 60.13.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix B 
of this part. Complete the evaluation by 180 days after your final 
compliance date.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 13 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9 in 
appendix A of this part, as specified in Sec. 60.1790, to determine 
compliance with the opacity limit in table 2 or 4 of this subpart. The 
data obtained from your continuous opacity monitoring system are not 
used to determine compliance with the opacity limit.



Sec. 60.1765  What additional requirements must I meet for the 
operation of my continuous emission monitoring systems and continuous

opacity monitoring system?

    Use the required span values and applicable performance 
specifications in table 8 of this subpart.



Sec. 60.1770  What must I do if any of my continuous emission 
monitoring systems are temporarily unavailable to meet the data

collection requirements?

    Refer to table 8 of this subpart. It shows alternate methods for 
collecting data when systems malfunction or when repairs, calibration 
checks, or zero and span checks keep you from collecting the minimum 
amount of data.

                        Model Rule--Stack Testing



Sec. 60.1775  What types of stack tests must I conduct?

    Conduct initial and annual stack tests to measure the emission 
levels of

[[Page 840]]

dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, 
hydrogen chloride, and fugitive ash.



Sec. 60.1780  How are the stack test data used?

    You must use results of stack tests for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, hydrogen chloride, and 
fugitive ash to demonstrate compliance with the applicable emission 
limits in tables 2 and 4 of this subpart. To demonstrate compliance for 
carbon monoxide, nitrogen oxides, and sulfur dioxide, see Sec. 60.1725.



Sec. 60.1785  What schedule must I follow for the stack testing?

    (a) Conduct initial stack tests for the pollutants listed in Sec. 
60.1775 by 180 days after your final compliance date.
    (b) Conduct annual stack tests for the same pollutants after the 
initial stack test. Conduct each annual stack test no later than 13 
months after the previous stack test.



Sec. 60.1790  What test methods must I use to stack test?

    (a) Follow table 8 of this subpart to establish the sampling 
location and to determine pollutant concentrations, number of traverse 
points, individual test methods, and other specific testing requirements 
for the different pollutants.
    (b) Make sure that stack tests for all the pollutants consist of at 
least three test runs, as specified in Sec. 60.8. Use the average of 
the pollutant emission concentrations from the three test runs to 
determine compliance with the applicable emission limits in tables 2 and 
4 of this subpart.
    (c) Obtain an oxygen (or carbon dioxide) measurement at the same 
time as your pollutant measurements to determine diluent gas levels, as 
specified in Sec. 60.1720.
    (d) Use the equations in Sec. 60.1935(a) to calculate emission 
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the 
percent reduction in potential hydrogen chloride emissions, and the 
reduction efficiency for mercury emissions. See the individual test 
methods in table 6 of this subpart for other required equations.
    (e) You can apply to the Administrator for approval under Sec. 
60.8(b) to use a reference method with minor changes in methodology, use 
an equivalent method, use an alternative method the results of which the 
Administrator has determined are adequate for demonstrating compliance, 
waive the requirement for a performance test because you have 
demonstrated by other means that you are in compliance, or use a shorter 
sampling time or smaller sampling volume.



Sec. 60.1795  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In that case, you are not required to conduct a stack test for 
that pollutant for the next 2 years. However, you must conduct another 
stack test within 36 months of the anniversary date of the third 
consecutive stack test that shows you comply with the emission limit. 
Thereafter, you must perform stack tests every 3rd year but no later 
than 36 months following the previous stack tests. If a stack test shows 
noncompliance with an emission limit, you must conduct annual stack 
tests for that pollutant until all stack tests over 3 consecutive years 
show compliance with the emission limit for that pollutant. The 
provision applies to all pollutants subject to stack testing 
requirements: dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash.
    (b) You can test less often for dioxins/furans emissions if you own 
or operate a municipal waste combustion plant that meets two conditions. 
First, you have multiple municipal waste combustion units onsite that 
are subject to this subpart. Second, all those municipal waste 
combustion units have demonstrated levels of dioxins/furans emissions 
less than or equal to 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, for 2 consecutive years. In that case, 
you may choose to conduct annual

[[Page 841]]

stack tests on only one municipal waste combustion unit per year at your 
plant. The provision only applies to stack testing for dioxins/furans 
emissions.
    (1) Conduct the stack test no more than 13 months following a stack 
test on any municipal waste combustion unit subject to this subpart at 
your plant. Each year, test a different municipal waste combustion unit 
subject to this subpart and test all municipal waste combustion units 
subject to this subpart in a sequence that you determine. Once you 
determine a testing sequence, it must not be changed without approval by 
the Administrator.
    (2) If each annual stack test shows levels of dioxins/furans 
emissions less than or equal to 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, you may continue stack 
tests on only one municipal waste combustion unit subject to this 
subpart per year.
    (3) If any annual stack test indicates levels of dioxins/furans 
emissions greater than 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, conduct subsequent annual stack tests 
on all municipal waste combustion units subject to this subpart at your 
plant. You may return to testing one municipal waste combustion unit 
subject to this subpart per year if you can demonstrate dioxins/furans 
emissions levels less than or equal to 15 nanograms per dry standard 
cubic meter (total mass) for Class I units, or 30 nanograms per dry 
standard cubic meter (total mass) for Class II units, for all municipal 
waste combustion units at your plant subject to this subpart for 2 
consecutive years.



Sec. 60.1800  May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 13-month testing schedules specified in 
Sec. Sec. 60.1785(b) and 60.1795(b)(1) unless you apply to the 
Administrator for an alternative schedule, and the Administrator 
approves your request for alternate scheduling prior to the date on 
which you would otherwise have been required to conduct the next stack 
test.

                Model Rule--Other Monitoring Requirements



Sec. 60.1805  Must I meet other requirements for continuous monitoring?

    You must also monitor three operating parameters:
    (a) Load level of each municipal waste combustion unit.
    (b) Temperature of flue gases at the inlet of your particulate 
matter air pollution control device.
    (c) Carbon feed rate if activated carbon is used to control dioxins/
furans or mercury emissions.



Sec. 60.1810  How do I monitor the load of my municipal waste 
combustion unit?

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms (or pounds) per hour.
    (2) Calculate your steam (or feed water) flow in 4-hour block 
averages.
    (3) Calculate the steam (or feed water) flow rate using the method 
in ``American Society of Mechanical Engineers Power Test Codes: Test 
Code for Steam Generating Units, Power Test Code 4.1--1964 (R1991),'' 
section 4 (incorporated by reference in Sec. 60.17(h)(2)).
    (4) Design, construct, install, calibrate, and use nozzles or 
orifices for flow rate measurements, using the recommendations in 
``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, part II of Fluid Meters,'' 6th 
Edition (1971), chapter 4 (incorporated by reference in Sec. 
60.17(h)(3)).
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all signal conversion elements associated with steam (or feed 
water) flow measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion units do not generate steam, 
or, if your municipal waste combustion units

[[Page 842]]

have shared steam systems and steam load cannot be estimated per unit, 
you must determine, to the satisfaction of the Administrator, one or 
more operating parameters that can be used to continuously estimate load 
level (for example, the feed rate of municipal solid waste or refuse-
derived fuel). You must continuously monitor the selected parameters.



Sec. 60.1815  How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?

    You must install, calibrate, maintain, and operate a device to 
continuously measure the temperature of the flue gas stream at the inlet 
of each particulate matter control device.



Sec. 60.1820  How do I monitor the injection rate of activated carbon?

    If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must meet three 
requirements:
    (a) Select a carbon injection system operating parameter that can be 
used to calculate carbon feed rate (for example, screw feeder speed).
    (b) During each dioxins/furans and mercury stack test, determine the 
average carbon feed rate in kilograms (or pounds) per hour. Also, 
determine the average operating parameter level that correlates to the 
carbon feed rate. Establish a relationship between the operating 
parameter and the carbon feed rate in order to calculate the carbon feed 
rate based on the operating parameter level.
    (c) Continuously monitor the selected operating parameter during all 
periods when the municipal waste combustion unit is operating and 
combusting waste and calculate the 8-hour block average carbon feed rate 
in kilograms (or pounds) per hour, based on the selected operating 
parameter. When calculating the 8-hour block average, do two things:
    (1) Exclude hours when the municipal waste combustion unit is not 
operating.
    (2) Include hours when the municipal waste combustion unit is 
operating but the carbon feed system is not working correctly.



Sec. 60.1825  What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is the 

data collection 
          requirement enforceable?

    (a) Where continuous parameter monitoring systems are used, obtain 
1-hour arithmetic averages for three parameters:
    (1) Load level of the municipal waste combustion unit.
    (2) Temperature of the flue gases at the inlet of your particulate 
matter control device.
    (3) Carbon feed rate if activated carbon is used to control dioxins/
furans or mercury emissions.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for 90 percent of the operating days per 
calendar quarter. An operating day is any day the unit combusts any 
municipal solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you are in violation of the data collection 
requirement, and you must notify the Administrator according to Sec. 
60.1885(e).

                        Model Rule--Recordkeeping



Sec. 60.1830  What records must I keep?

    You must keep four types of records:
    (a) Operator training and certification.
    (b) Stack tests.
    (c) Continuously monitored pollutants and parameters.
    (d) Carbon feed rate.



Sec. 60.1835  Where must I keep my records and for how long?

    (a) Keep all records onsite in paper copy or electronic format 
unless the Administrator approves another format.
    (b) Keep all records on each municipal waste combustion unit for at 
least 5 years.
    (c) Make all records available for submittal to the Administrator, 
or for onsite review by an inspector.

[[Page 843]]



Sec. 60.1840  What records must I keep for operator training and
certification?

    You must keep records of six items:
    (a) Records of provisional certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who are 
provisionally certified by the American Society of Mechanical Engineers 
or an equivalent State-approved certification program.
    (2) Dates of the initial provisional certifications.
    (3) Documentation showing current provisional certifications.
    (b) Records of full certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who are 
fully certified by the American Society of Mechanical Engineers or an 
equivalent State-approved certification program.
    (2) Dates of initial and renewal full certifications.
    (3) Documentation showing current full certifications.
    (c) Records showing completion of the operator training course. 
Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
have completed the EPA or State municipal waste combustion operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of operator training course.
    (d) Records of reviews for plant-specific operating manuals. Include 
three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.
    (2) When all certified chief facility operators and certified shift 
supervisors are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause those people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.



Sec. 60.1845  What records must I keep for stack tests?

    For stack tests required under Sec. 60.1775, you must keep records 
of four items:
    (a) The results of the stack tests for eight pollutants or 
parameters recorded in the appropriate units of measure specified in 
table 2 or 4 of this subpart:
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) Test reports including supporting calculations that document the 
results of all stack tests.
    (c) The maximum demonstrated load of your municipal waste combustion 
units and maximum temperature at the inlet of your particulate matter 
control device during all stack tests for dioxins/furans emissions.
    (d) The calendar date of each record.



Sec. 60.1850  What records must I keep for continuously monitored 
pollutants or parameters?

    You must keep records of eight items.
    (a) Records of monitoring data. Document six parameters measured 
using continuous monitoring systems:

[[Page 844]]

    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) For Class I municipal waste combustion units only, all 1-hour 
average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average load levels of your municipal waste 
combustion unit.
    (6) All 1-hour average flue gas temperatures at the inlet of the 
particulate matter control device.
    (b) Records of average concentrations and percent reductions. 
Document five parameters:
    (1) All 24-hour daily block geometric average concentrations of 
sulfur dioxide emissions or average percent reductions of sulfur dioxide 
emissions.
    (2) For Class I municipal waste combustion units only, all 24-hour 
daily arithmetic average concentrations of nitrogen oxides emissions.
    (3) All 4-hour block or 24-hour daily block arithmetic average 
concentrations of carbon monoxide emissions.
    (4) All 4-hour block arithmetic average load levels of your 
municipal waste combustion unit.
    (5) All 4-hour block arithmetic average flue gas temperatures at the 
inlet of the particulate matter control device.
    (c) Records of exceedances. Document three items:
    (1) Calendar dates whenever any of the five pollutant or parameter 
levels recorded in paragraph (b) of this section or the opacity level 
recorded in paragraph (a)(1) of this section did not meet the emission 
limits or operating levels specified in this subpart.
    (2) Reasons you exceeded the applicable emission limits or operating 
levels.
    (3) Corrective actions you took, or are taking, to meet the emission 
limits or operating levels.
    (d) Records of minimum data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of data required under Sec. Sec. 60.1750 and 60.1825. Record those 
dates for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to obtain the required 
amount of data.
    (e) Records of exclusions. Document each time you have excluded data 
from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load levels of your municipal waste combustion unit.
    (5) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (f) Records of drift and accuracy. Document the results of your 
daily drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of this part. Keep those records for the 
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion 
units only), and carbon monoxide continuous emissions monitoring 
systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you choose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec. 60.1745.
    (h) Records of calendar dates. Include the calendar date on each 
record.



Sec. 60.1855  What records must I keep for municipal waste combustion
units that use activated carbon?

    For municipal waste combustion units that use activated carbon to 
control dioxins/furans or mercury emissions, you must keep records of 
five items:
    (a) Records of average carbon feed rate. Document five items:

[[Page 845]]

    (1) Average carbon feed rate in kilograms (or pounds) per hour 
during all stack tests for dioxins/furans and mercury emissions. Include 
supporting calculations in the records.
    (2) For the operating parameter chosen to monitor carbon feed rate, 
average operating level during all stack tests for dioxins/furans and 
mercury emissions. Include supporting data that document the 
relationship between the operating parameter and the carbon feed rate.
    (3) All 8-hour block average carbon feed rates in kilograms (or 
pounds) per hour calculated from the monitored operating parameter.
    (4) Total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include 
supporting documentation.
    (5) Required quarterly usage of carbon for the municipal waste 
combustion plant, calculated using equation 4 or 5 in Sec. 60.1935(f). 
If you choose to evaluate required quarterly usage for carbon on a 
municipal waste combustion unit basis, record the required quarterly 
usage for each municipal waste combustion unit at your plant. Include 
supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined during 
the most recent stack test for dioxins/furans or mercury emissions 
(whichever has a higher feed rate).
    (2) Reasons for the low carbon feed rates.
    (3) Corrective actions you took or are taking to meet the 8-hour 
average carbon feed rate requirement.
    (c) Records of minimum carbon feed rate data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of carbon feed rate data required under Sec. 60.1825.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to get the required 
amount of data.
    (d) Records of exclusions. Document each time you have excluded data 
from your calculation of average carbon feed rates and the reasons the 
data were excluded.
    (e) Records of calendar dates. Include the calendar date on each 
record.

                          Model Rule--Reporting



Sec. 60.1860  What reports must I submit and in what form?

    (a) Submit an initial report and annual reports, plus semiannual 
reports for any emission or parameter level that does not meet the 
limits specified in this subpart.
    (b) Submit all reports on paper, postmarked on or before the 
submittal dates in Sec. Sec. 60.1870, 60.1880, and 60.1895. If the 
Administrator agrees, you may submit electronic reports.
    (c) Keep a copy of all reports required by Sec. Sec. 60.1875, 
60.1885, and 60.1900 onsite for 5 years.



Sec. 60.1865  What are the appropriate units of measurement for
reporting my data?

    See tables 2, 3, 4 and 5 of this subpart for appropriate units of 
measurement.



Sec. 60.1870  When must I submit the initial report?

    As specified in Sec. 60.7(c), submit your initial report by 180 
days after your final compliance date.



Sec. 60.1875  What must I include in my initial report?

    You must include seven items:
    (a) The emission levels measured on the date of the initial 
evaluation of your continuous emission monitoring systems for all of the 
following five pollutants or parameters as recorded in accordance with 
Sec. 60.1850(b).
    (1) The 24-hour daily geometric average concentration of sulfur 
dioxide emissions or the 24-hour daily geometric percent reduction of 
sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, the 24-hour 
daily arithmetic average concentration of nitrogen oxides emissions.

[[Page 846]]

    (3) The 4-hour block or 24-hour daily arithmetic average 
concentration of carbon monoxide emissions.
    (4) The 4-hour block arithmetic average load level of your municipal 
waste combustion unit.
    (5) The 4-hour block arithmetic average flue gas temperature at the 
inlet of the particulate matter control device.
    (b) The results of the initial stack tests for eight pollutants or 
parameters (use appropriate units as specified in table 2 or 4 of this 
subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (c) The test report that documents the initial stack tests including 
supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of this part in conducting the evaluation.
    (e) The maximum demonstrated load of your municipal waste combustion 
unit and the maximum demonstrated temperature of the flue gases at the 
inlet of the particulate matter control device. Use values established 
during your initial stack test for dioxins/furans emissions and include 
supporting calculations.
    (f) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, the average carbon feed 
rates that you recorded during the initial stack tests for dioxins/
furans and mercury emissions. Include supporting calculations as 
specified in Sec. 60.1855(a)(1) and (2).
    (g) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and carbon 
dioxide, as specified in Sec. 60.1745.



Sec. 60.1880  When must I submit the annual report?

    Submit the annual report no later than February 1 of each year that 
follows the calendar year in which you collected the data. If you have 
an operating permit for any unit under title V of the CAA, the permit 
may require you to submit semiannual reports. Parts 70 and 71 of this 
chapter contain program requirements for permits.



Sec. 60.1885  What must I include in my annual report?

    Summarize data collected for all pollutants and parameters regulated 
under this subpart. Your summary must include twelve items:
    (a) The results of the annual stack test, using appropriate units, 
for eight pollutants, as recorded under Sec. 60.1845(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average levels recorded, in the 
appropriate units. List those values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device (4-hour block average).
    (c) The highest 6-minute opacity level measured. Base the value on 
all 6-minute average opacity levels recorded by your continuous opacity 
monitoring system (Sec. 60.1850(a)(1)).
    (d) For municipal waste combustion units that use activated carbon 
for controlling dioxins/furans or mercury emissions, include four 
records:
    (1) The average carbon feed rates recorded during the most recent 
dioxins/furans and mercury stack tests.
    (2) The lowest 8-hour block average carbon feed rate recorded during 
the year.

[[Page 847]]

    (3) The total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant.
    (4) The required quarterly carbon usage of your municipal waste 
combustion plant calculated using equation 4 or 5 in Sec. 60.1935(f). 
If you choose to evaluate required quarterly usage for carbon on a 
municipal waste combustion unit basis, record the required quarterly 
usage for each municipal waste combustion unit at your plant.
    (e) The total number of days that you did not obtain the minimum 
number of hours of data for six pollutants or parameters. Include the 
reasons you did not obtain the data and corrective actions that you have 
taken to obtain the data in the future. Include data on:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (f) The number of hours you have excluded data from the calculation 
of average levels (include the reasons for excluding it). Include data 
for six pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (g) A notice of your intent to begin a reduced stack testing 
schedule for dioxins/furans emissions during the following calendar year 
if you are eligible for alternative scheduling (Sec. 60.1795(a) or 
(b)).
    (h) A notice of your intent to begin a reduced stack testing 
schedule for other pollutants during the following calendar year if you 
are eligible for alternative scheduling (Sec. 60.1795(a)).
    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year which gives the 
Administrator a summary of the performance of the municipal waste 
combustion unit over a 2-year period.
    (k) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and carbon 
dioxide, as specified in Sec. 60.1745.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.



Sec. 60.1890  What must I do if I am out of compliance with the 
requirements of this subpart?

    You must submit a semiannual report on any recorded emission or 
parameter level that does not meet the requirements specified in this 
subpart.



Sec. 60.1895  If a semiannual report is required, when must I submit it?

    (a) For data collected during the first half of a calendar year, 
submit your semiannual report by August 1 of that year.
    (b) For data you collected during the second half of the calendar 
year, submit your semiannual report by February 1 of the following year.



Sec. 60.1900  What must I include in the semiannual out-of-compliance
reports?

    You must include three items in the semiannual report:
    (a) For any of the following six pollutants or parameters that 
exceeded the limits specified in this subpart, include the calendar date 
they exceeded the limits, the averaged and recorded data for that date, 
the reasons for exceeding the limits, and your corrective actions:
    (1) Concentration or percent reduction of sulfur dioxide emissions.

[[Page 848]]

    (2) For Class I municipal waste combustion units only, concentration 
of nitrogen oxides emissions.
    (3) Concentration of carbon monoxide emissions.
    (4) Load level of your municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of your particulate 
matter air pollution control device.
    (6) Average 6-minute opacity level. The data obtained from your 
continuous opacity monitoring system are not used to determine 
compliance with the limit on opacity emissions.
    (b) If the results of your annual stack tests (as recorded in Sec. 
60.1845(a)) show emissions above the limits specified in table 2 or 4 of 
this subpart as applicable for dioxins/furans, cadmium, lead, mercury, 
particulate matter, opacity, hydrogen chloride, and fugitive ash, 
include a copy of the test report that documents the emission levels and 
your corrective actions.
    (c) For municipal waste combustion units that apply activated carbon 
to control dioxins/furans or mercury emissions, include two items:
    (1) Documentation of all dates when the 8-hour block average carbon 
feed rate (calculated from the carbon injection system operating 
parameter) is less than the highest carbon feed rate established during 
the most recent mercury and dioxins/furans stack test (as specified in 
Sec. 60.1855(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for occurrences of low carbon feed rates.
    (iii) The corrective actions you have taken to meet the carbon feed 
rate requirement.
    (iv) The calendar date.
    (2) Documentation of each quarter when total carbon purchased and 
delivered to the municipal waste combustion plant is less than the total 
required quarterly usage of carbon. If you choose to evaluate total 
carbon purchased and delivered on a municipal waste combustion unit 
basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include five 
items:
    (i) Amount of carbon purchased and delivered to the plant.
    (ii) Required quarterly usage of carbon.
    (iii) Reasons for not meeting the required quarterly usage of 
carbon.
    (iv) The corrective actions you have taken to meet the required 
quarterly usage of carbon.
    (v) The calendar date.



Sec. 60.1905  Can reporting dates be changed?

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

  Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard Waste



Sec. 60.1910  What is an air curtain incinerator?

    An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of that type can be constructed above or below 
ground and with or without refractory walls and floor.



Sec. 60.1915  What is yard waste?

    Yard waste is grass, grass clippings, bushes, shrubs, and clippings 
from bushes and shrubs. They come from residential, commercial/retail, 
institutional, or industrial sources as part of maintaining yards or 
other private or public lands. Yard waste does not include two items:
    (a) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in Sec. 60.1940.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec. 60.1940.



Sec. 60.1920  What are the emission limits for air curtain 
incinerators that burn 100 percent yard waste?

    If your air curtain incinerator combusts 100 percent yard waste, you 
must only meet the emission limits in this section.

[[Page 849]]

    (a) By 180 days after your final compliance date, you must meet two 
limits:
    (1) The opacity limit is 10 percent (6-minute average) for air 
curtain incinerators that can combust at least 35 tons per day of 
municipal solid waste and no more than 250 tons per day of municipal 
solid waste.
    (2) The opacity limit is 35 percent (6-minute average) during the 
startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times. Each malfunction must not exceed 3 hours.



Sec. 60.1925  How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?

    (a) Use EPA Reference Method 9 in appendix A of this part to 
determine compliance with the opacity limit.
    (b) Conduct an initial test for opacity as specified in Sec. 60.8.
    (c) After the initial test for opacity, conduct annual tests no more 
than 13 calendar months following the date of your previous test.



Sec. 60.1930  What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?

    (a) Provide a notice of construction that includes four items:
    (1) Your intent to construct the air curtain incinerator.
    (2) Your planned initial startup date.
    (3) Types of fuels you plan to combust in your air curtain 
incinerator.
    (4) The capacity of your incinerator, including supporting capacity 
calculations, as specified in Sec. 60.1935(d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator or 
for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual reporting 
dates (see Sec. 60.19(c)).
    (h) Keep a copy of all reports onsite for a period of 5 years.

                                Equations



Sec. 60.1935  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.003

Where:

C7 = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (percent).

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%PHg) using 
equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.004


[[Page 850]]


Where:

%PHg = percent reduction of potential mercury emissions
Ei = mercury emission concentration as measured at the air 
pollution control device inlet, corrected to 7 percent oxygen, dry basis
Eo = mercury emission concentration as measured at the air 
pollution control device outlet, corrected to 7 percent oxygen, dry 
basis

    (c) Percent reduction in potential hydrogen chloride emissions. 
Calculate the percent reduction in potential hydrogen chloride emissions 
(%PHC1) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.005

Where:

%PHC1 = percent reduction of the potential hydrogen chloride 
emissions
Ei = hydrogen chloride emission concentration as measured at 
the air pollution control device inlet, corrected to 7 percent oxygen, 
dry basis
Eo = hydrogen chloride emission concentration as measured at 
the air pollution control device outlet, corrected to 7 percent oxygen, 
dry basis

    (d) Capacity of a municipal waste combustion unit. For a municipal 
waste combustion unit that can operate continuously for 24-hour periods, 
calculate the municipal waste combustion unit capacity based on 24 hours 
of operation at the maximum charge rate. To determine the maximum charge 
rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on heat 
input capacity, calculate the maximum charging rate based on the maximum 
heat input capacity and one of two heating values:
    (i) If your municipal waste combustion unit combusts refuse-derived 
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 
British thermal units per pound).
    (ii) If your municipal waste combustion unit combusts municipal 
solid waste, use a heating value of 10,500 kilojoules per kilogram 
(4,500 British thermal units per pound).
    (2) For municipal waste combustion units with a design not based on 
heat input capacity, use the maximum designed charging rate.
    (e) Capacity of a batch municipal waste combustion unit. Calculate 
the capacity of a batch municipal waste combustion unit as the maximum 
design amount of municipal solid waste they can charge per batch 
multiplied by the maximum number of batches they can process in 24 
hours. Calculate the maximum number of batches by dividing 24 by the 
number of hours needed to process one batch. Retain fractional batches 
in the calculation. For example, if one batch requires 16 hours, the 
municipal waste combustion unit can combust 24/16, or 1.5 batches, in 24 
hours.
    (f) Quarterly carbon usage. If you use activated carbon to comply 
with the dioxins/furans or mercury limits, calculate the required 
quarterly usage of carbon using equation 4 of this section for plant 
basis or equation 5 of this section for unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.006
    
Where:

C = required quarterly carbon usage for the plant in kilograms (or 
pounds).
fi = required carbon feed rate for the municipal waste 
combustion unit in kilograms (or pounds) per hour. That is the average 
carbon feed rate during the most recent mercury or dioxins/furans stack 
tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was 
in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your 
plant.

    (2) Unit basis.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.007
    
Where:

C = required quarterly carbon usage for the unit in kilograms (or 
pounds).
f = required carbon feed rate for the municipal waste combustion unit in 
kilograms (or pounds) per hour. That is the average carbon feed rate 
during the most recent

[[Page 851]]

mercury or dioxins/furans stack tests (whichever has a higher feed 
rate).
h = number of hours the municipal waste combustion unit was in operation 
during the calendar quarter (hours).

                               Definitions



Sec. 60.1940  What definitions must I know?

    Terms used but not defined in this section are defined in the CAA 
and in subparts A and B of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of that type can be constructed 
above or below ground and with or without refractory walls and floor.
    Batch municipal waste combustion unit means a municipal waste 
combustion unit designed so it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 (or 366 consecutive days in leap years) 
consecutive days starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustion unit. That 
person is responsible for daily onsite supervision, technical direction, 
management, and overall performance of the municipal waste combustion 
unit.
    Class I units mean small municipal waste combustion units subject to 
this subpart that are located at municipal waste combustion plants with 
an aggregate plant combustion capacity greater than 250 tons per day of 
municipal solid waste. See the definition in this section of ``municipal 
waste combustion plant capacity'' for specification of which units at a 
plant site are included in the aggregate capacity calculation.
    Class II units mean small municipal combustion units subject to this 
subpart that are located at municipal waste combustion plants with 
aggregate plant combustion capacity less than or equal to 250 tons per 
day of municipal solid waste. See the definition in this section of 
``municipal waste combustion plant capacity'' for specification of which 
units at a plant site are included in the aggregate capacity 
calculation.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include two items:
    (1) ``Yard waste,'' which is defined elsewhere in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of ``municipal solid waste'' in this section.
    Co-fired combustion unit means a unit that combusts municipal solid 
waste with nonmunicipal solid waste fuel (for example, coal, industrial 
process waste). To be considered a co-fired combustion unit, the unit 
must be subject to a federally enforceable permit that limits it to 
combusting a fuel feed stream which is 30 percent or less (by weight) 
municipal solid waste as measured each calendar quarter.
    Continuous burning means the continuous, semicontinuous, or batch 
feeding of municipal solid waste to dispose of the waste, produce 
energy, or provide heat to the combustion system in preparation for 
waste disposal or energy production. Continuous burning does not mean 
the use of municipal solid waste solely to thermally protect the grate 
or hearth during the startup period when municipal solid waste is not 
fed to the grate or hearth.
    Continuous emission monitoring system means a monitoring system that 
continuously measures the emissions of a pollutant from a municipal 
waste combustion unit.
    Dioxins/furans mean tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.

[[Page 852]]

    Effective date of State plan approval means the effective date that 
the EPA approves the State plan. The Federal Register specifies the date 
in the notice that announces EPA's approval of the State plan.
    Eight-hour block average means the average of all hourly emission 
concentrations or parameter levels when the municipal waste combustion 
unit operates and combusts municipal solid waste measured over any of 
three 8-hour periods of time:
    (1) 12:00 midnight to 8:00 a.m.
    (2) 8:00 a.m. to 4:00 p.m.
    (3) 4:00 p.m. to 12:00 midnight.
    Federally enforceable means all limits and conditions the 
Administrator can enforce (including the requirements of 40 CFR parts 
60, 61, and 63), requirements in a State's implementation plan, and any 
permit requirements established under 40 CFR 52.21 or under 40 CFR 51.18 
and 40 CFR 51.24.
    First calendar half means the period that starts on January 1 and 
ends on June 30 in any year.
    Fluidized bed combustion unit means a unit where municipal waste is 
combusted in a fluidized bed of material. The fluidized bed material may 
remain in the primary combustion zone or may be carried out of the 
primary combustion zone and returned through a recirculation loop.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission concentrations or parameter levels when the 
municipal waste combustion unit operates and combusts municipal solid 
waste measured over any of six 4-hour periods:
    (1) 12:00 midnight to 4:00 a.m.
    (2) 4:00 a.m. to 8:00 a.m.
    (3) 8:00 a.m. to 12:00 noon.
    (4) 12:00 noon to 4:00 p.m.
    (5) 4:00 p.m. to 8:00 p.m.
    (6) 8:00 p.m. to 12:00 midnight.
    Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a refractory wall furnace. Unless otherwise specified, that 
includes municipal waste combustion units with a cylindrical rotary 
refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustion unit means a 
field-erected municipal waste combustion unit that combusts municipal 
solid waste in a cylindrical rotary waterwall furnace.
    Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a waterwall furnace.
    Maximum demonstrated load of a municipal waste combustion unit means 
the highest 4-hour block arithmetic average municipal waste combustion 
unit load achieved during 4 consecutive hours in the course of the most 
recent dioxins/furans stack test that demonstrates compliance with the 
applicable emission limit for dioxins/furans specified in this subpart.
    Maximum demonstrated temperature of the particulate matter control 
device means the highest 4-hour block arithmetic average flue gas 
temperature measured at the inlet of the particulate matter control 
device during 4 consecutive hours in the course of the most recent stack 
test for dioxins/furans emissions that demonstrates compliance with the 
limits specified in this subpart.
    Medical/infectious waste means any waste meeting the definition of 
``medical/infectious waste'' in Sec. 60.51c.
    Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion 
unit means a combustion unit that combusts coal and refuse-derived fuel 
simultaneously, in which pulverized coal is introduced into an air 
stream that carries the coal to the combustion chamber of the unit where 
it is combusted in suspension. That includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed after June 6, 2001 and 
that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs.
    (2) Any physical change in the municipal waste combustion unit or 
change in the method of operating it that increases the emission level 
of any

[[Page 853]]

air pollutant for which new source performance standards have been 
established under section 129 or section 111 of the CAA. Increases in 
the emission level of any air pollutant are determined when the 
municipal waste combustion unit operates at 100 percent of its physical 
load capability and are measured downstream of all air pollution control 
devices. Load restrictions based on permits or other nonphysical 
operational restrictions cannot be considered in the determination.
    Modular excess-air municipal waste combustion unit means a municipal 
waste combustion unit that combusts municipal solid waste, is not field-
erected, and has multiple combustion chambers, all of which are designed 
to operate at conditions with combustion air amounts in excess of 
theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means household, 
commercial/retail, or institutional waste. Household waste includes 
material discarded by residential dwellings, hotels, motels, and other 
similar permanent or temporary housing. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes materials 
discarded by schools, by hospitals (nonmedical), by nonmanufacturing 
activities at prisons and government facilities, and other similar 
establishments or facilities. Household, commercial/retail, and 
institutional waste does include yard waste and refuse-derived fuel. 
Household, commercial/retail, and institutional waste does not include 
used oil; sewage sludge; wood pallets; construction, renovation, and 
demolition wastes (which include railroad ties and telephone poles); 
clean wood; industrial process or manufacturing wastes; medical waste; 
or motor vehicles (including motor vehicle parts or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under Applicability 
of State Plans (Sec. 60.1550(a)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are not subject to subparts Ea, Eb, or AAAA of 
this part.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, but 
not limited to, field-erected combustion units (with or without heat 
recovery), modular combustion units (starved-air or excess-air), boilers 
(for example, steam generating units), furnaces (whether suspension-
fired, grate-fired, mass-fired, air curtain incinerators, or fluidized 
bed-fired), and pyrolysis/combustion units. Two criteria further define 
municipal waste combustion units:
    (1) Municipal waste combustion units do not include pyrolysis or 
combustion units located at a plastics or rubber recycling unit as 
specified under Applicability of State Plans (Sec. 60.1555(h) and (i)). 
Municipal waste combustion units do not include cement kilns that 
combust municipal solid waste as specified under Applicability of State 
Plans (Sec. 60.1555(j)). Municipal waste combustion units also do not 
include internal combustion engines, gas turbines, or other combustion 
devices that combust landfill gases collected by landfill gas collection 
systems.
    (2) The boundaries of a municipal waste combustion unit are defined 
as follows. The municipal waste combustion unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustion unit water 
system. The municipal waste combustion unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set. The municipal waste combustion unit boundary 
starts at the municipal solid waste pit or hopper and extends through 
three areas:

[[Page 854]]

    (i) The combustion unit flue gas system, which ends immediately 
after the heat recovery equipment or, if there is no heat recovery 
equipment, immediately after the combustion chamber.
    (ii) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    (iii) The combustion unit water system, which starts at the feed 
water pump and ends at the piping that exits the steam drum or 
superheater.
    Particulate matter means total particulate matter emitted from 
municipal waste combustion units as measured using EPA Reference Method 
5 in appendix A of this part and the procedures specified in Sec. 
60.1790.
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). The 
feed materials are processed and marketed to become input feed stock for 
chemical plants or petroleum refineries. The following three criteria 
further define a plastics or rubber recycling unit:
    (1) Each calendar quarter, the combined weight of the feed stock 
that a plastics or rubber recycling unit produces must be more than 70 
percent of the combined weight of the plastics, rubber, and rubber tires 
that recycling unit processes.
    (2) The plastics, rubber, or rubber tires fed to the recycling unit 
may originate from separating or diverting plastics, rubber, or rubber 
tires from municipal or industrial solid waste. The feed materials may 
include manufacturing scraps, trimmings, and off-specification plastics, 
rubber, and rubber tire discards.
    (3) The plastics, rubber, and rubber tires fed to the recycling unit 
may contain incidental contaminants (for example, paper labels on 
plastic bottles or metal rings on plastic bottle caps).
    Potential hydrogen chloride emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Potential mercury emissions means the level of emissions from a 
municipal waste combustion unit that would occur from combusting 
municipal solid waste without controls for mercury emissions.
    Potential sulfur dioxide emissions means the level of emissions from 
a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids by heating municipal solid waste. The gases, liquids, or 
solids produced are combusted and the emissions vented to the 
atmosphere.
    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins after June 6, 2001.
    (2) The cumulative cost of the construction over the life of the 
unit exceeds 50 percent of the original cost of building and installing 
the municipal waste combustion unit (not including land) updated to 
current costs (current dollars). To determine what systems are within 
the boundary of the municipal waste combustion unit used to calculate 
the costs, see the definition in this section of ``municipal waste 
combustion unit.''
    Refractory unit or refractory wall furnace means a municipal waste 
combustion unit that has no energy recovery (such as through a 
waterwall) in the furnace of the municipal waste combustion unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. That includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Same location means the same or contiguous properties under common 
ownership or control, including those separated only by a street, road, 
highway, or other public right-of-way. Common

[[Page 855]]

ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof. Entities may include a municipality, other 
governmental unit, or any quasi-governmental authority (for example, a 
public utility district or regional authority for waste disposal).
    Second calendar half means the period that starts on July 1 and ends 
on December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of operating a municipal waste combustion unit and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the municipal waste combustion unit during an 
assigned shift.
    Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) 
combustion unit means a municipal waste combustion unit that combusts 
coal and refuse-derived fuel simultaneously, in which coal is introduced 
to the combustion zone by a mechanism that throws the fuel onto a grate 
from above. Combustion takes place both in suspension and on the grate.
    Standard conditions when referring to units of measure mean a 
temperature of 20 [deg]C and a pressure of 101.3 kilopascals.
    Startup period means the period when a municipal waste combustion 
unit begins the continuous combustion of municipal solid waste. It does 
not include any warmup period during which the municipal waste 
combustion unit combusts fossil fuel or other solid waste fuel but 
receives no municipal solid waste.
    State means any of the 50 United States and the protectorates of the 
United States.
    State plan means a plan submitted pursuant to sections 111(d) and 
129(b)(2) of the CAA and subpart B of this part, that implements and 
enforces this subpart.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 in appendix A of this part and 
the procedures specified in Sec. 60.1790.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the municipal waste combustion unit 
operates and combusts municipal solid waste measured during the 24 hours 
between 12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or pressure-treated by compounds such as chromate 
copper arsenate, pentachlorophenol, and creosote.
    Waterwall furnace means a municipal waste combustion unit that has 
energy (heat) recovery in the furnace (for example, radiant heat 
transfer section) of the combustion unit.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. They come from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in this section.
    (2) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in this section.

[[Page 856]]



    Sec. Table 1 to Subpart BBBB of Part 60--Model Rule--Compliance 
                  Schedules and Increments of Progress

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Increment 1 (Submit     Increment 2 (Award      Increment 3 (Begin   Increment 4 (Complete    Increment 5 (Final
           Affected units              final control plan)         contracts)         onsite construction)   onsite construction)       compliance)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. All Class I units a,b             (Dates to be specified  (Dates to be specified  (Dates to be           (Dates to be           (Dates to be
                                      in State plan).         in State plan).         specified in State     specified in State     specified in State
                                                                                      plan).                 plan).                 plan). c,d
2. All Class II units a,e..........  (Dates to be specified  Not applicable........  Not applicable.......  Not applicable.......  (Dates to be
                                      in State plan).                                                                               specified in State
                                                                                                                                    plan). c
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Plant specific schedules can be used at the discretion of the State.
b Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an
  aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See Sec. 60.1940 for definitions.
c The date can be no later than 3 years after the effective date of State plan approval or December 6, 2005.
d For Class I units that began construction, reconstruction, or modification after June 26, 1987, comply with the dioxins/furans and mercury limits by
  the later of two dates:
1. One year after the effective date of State plan approval.
2. One year after the issuance of a revised construction or operation permit, if a permit modification is required.
3. Final compliance with the dioxins/furans limits must be achieved no later than December 6, 2005, even if the date one year after the issuance of a
  revised construction or operation permit is after December 6, 2005.
e Class II units mean all small municipal combustion units subject to this subpart that are located at municipal waste combustion plants with aggregate
  plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See Sec. 60.1940 for definitions.



 Sec. Table 2 to Subpart BBBB of Part 60--Model Rule--Class I Emission 
     Limits for Existing Small Municipal Waste Combustion Units \a\

----------------------------------------------------------------------------------------------------------------
                                         You must meet the
   For the following pollutants      following emission limits   Using the following    And determine compliance
                                                \b\                averaging times      by the following methods
----------------------------------------------------------------------------------------------------------------
1. Organics:
    Dioxins/Furans (total mass      30 nanograms per dry        3-run average          Stack test.
     basis).                         standard cubic meter for    (minimum run
                                     municipal waste             duration is 4 hours).
                                     combustion units that do
                                     not employ an
                                     electrostatic
                                     precipitator-based
                                     emission control system -
                                     or-.
                                    60 nanograms per dry
                                     standard cubic meter for
                                     municipal waste
                                     combustion units that
                                     employ an electrostatic
                                     precipitator-based
                                     emission control system.
2. Metals:
    Cadmium.......................  0.040 milligrams per dry    3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
    Lead..........................  0.490 milligrams per dry    3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
    Mercury.......................  0.080 milligrams per dry    3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
                                    85 percent reduction of
                                     potential mercury
                                     emissions.
    Opacity.......................  10 percent................  Thirty 6-minute        Stack test.
                                                                 averages.
    Particulate Matter............  27 milligrams per dry       3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
3. Acid Gases:
    Hydrogen Chloride.............  31 parts per million by     3-run average          Stack test.
                                     dry volume 95 percent       (minimum run
                                     reduction of potential      duration is 1 hour).
                                     hydrogen chloride
                                     emissions.
    Sulfur Dioxide................  31 parts per million by     24-hour daily block    Continuous emission
                                     dry volume 75 percent       geometric average      monitoring system.
                                     reduction of potential      concentration
                                     sulfur dioxide emissions.   percent reduction.
4. Other:
    Fugitive Ash..................  Visible emissions for no    Three 1-hour           Visible emission test.
                                     more than 5 percent of      observation periods.
                                     hourly observation period.
----------------------------------------------------------------------------------------------------------------
a Class I units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of
  municipal solid waste. See Sec. 60.1940 for definitions.
b All emission limits (except for opacity) are measured at 7 percent oxygen.


[[Page 857]]



 Sec. Table 3 to Subpart BBBB of Part 60--Model Rule--Class I Nitrogen 
  Oxides Emission Limits for Existing Small Municipal Waste Combustion 
                          Unitsa,b,c

------------------------------------------------------------------------
                                           Limits for class I municipal
 Municipal waste combustion technology        waste combustion units
------------------------------------------------------------------------
1. Mass burn waterwall.................  200 parts per million by dry
                                          volume.
2. Mass burn rotary waterwall..........  170 parts per million by dry
                                          volume.
3. Refuse-derived fuel.................  250 parts per million by dry
                                          volume.
4. Fluidized bed.......................  220 parts per million by dry
                                          volume.
5. Mass burn refractory................  350 parts per million by dry
                                          volume.
6. Modular excess air..................  190 parts per million by dry
                                          volume.
7. Modular starved air.................  380 parts per million by dry
                                          volume.
------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to
  this subpart that are located at municipal waste combustion plants
  with an aggregate plant combustion capacity greater than 250 tons per
  day of municipal solid waste. See Sec. 60.1940 for definitions.
\b\ Nitrogen oxides limits are measured at 7 percent oxygen.
\c\ All limits are 24-hour daily block arithmetic average concentration.
  Compliance is determined for Class I units by continuous emission
  monitoring systems.



 Sec. Table 4 to Subpart BBBB of Part 60--Model Rule--Class II Emission 
      Limits for Existing Small Municipal Waste Combustion Unit \a\

----------------------------------------------------------------------------------------------------------------
                                          You must meet the
                                          following emission      Using the following         And determine
     For the following pollutants        following determine        averaging times         compliance by the
                                              limits \b\                                    following methods
----------------------------------------------------------------------------------------------------------------
1. Organics:
    Dioxins/Furans (total mass basis)  125 nanorgrams per dry   3-run average (minimum   Stack test.
                                        standard cubic meter.    run duration is 4
                                                                 hours).
2. Metals:
    Cadmium..........................  0.10 milligrams per dry  3-run average (run       Stack test.
                                        standard cubic meter.    duration specified in
                                                                 test method).
    Lead.............................  1.6 milligrams per dry   3-run average (run       Stack test.
                                        standard cubic meter.    duration specified in
                                                                 test method).
    Mercury..........................  0.080 milligrams per     3-run average (run       Stack test.
                                        dry standard cubic       duration specified in
                                        meter.                   test method).
                                       85 percent reduction of
                                        potential mercury
                                        emissions.
    Opacity..........................  10 percent.............  Thirty 6-minute average  Stack test.
    Particulate Matter...............  70 milligrams per dry    3-run average (run       Stack test.
                                        standard cubic meter.    duration specified in
                                                                 test method).
3. Acid Gases:
    Hydrogen Chloride................  250 parts per million    3-run average (minimum   Stack test.
                                        by volume -or-.          run duration is 1
                                                                 hour).
                                       50 percent reduction of
                                        potential hydrogen
                                        chloride emissions.
Sulfur Dioxide.......................  77 parts per million by  24-hour daily block      Continuous emission
                                        dry volume -or-.         geometric average        monitoring system.
                                       50 percent reduction of   concentration -or-
                                        potential sulfur         percent reduction.
                                        dioxides emissions.
4. Other:
    Fugitive Ash.....................  Visible emissions for    Three 1-hour             Visible emission test.
                                        no more than 5 percent   observation periods.
                                        of hourly observation
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ Class II units mean all small municipal combustion units subject to this subpart that are located at
  municipal waste combustion plants with aggregate plant combustion capacity less than or equal to 250 tons per
  day of municipal solid waste. See Sec. 60.1940 for definitions.
\b\ All emission limits (except for opacity) are measured at 7 percent oxygen.
\c\ No monitoring, testing, recordkeeping or reporting is required to demonstrate compliance with the nitrogen
  oxides limit for Class II units.


[[Page 858]]



  Sec. Table 5 to Subpart BBBB of Part 60--Model Rule--Carbon Monoxide 
   Emission Limits for Existing Small Municipal Waste Combustion Units

------------------------------------------------------------------------
                                                            Using the
  For the following municipal      You must meet the        following
    waste combustion units         following carbon      averaging times
                                  monoxide limits \a\          \b\
------------------------------------------------------------------------
1. Fluidized bed..............  100 parts per million   4-hour.
                                 by dry volume.
2. Fluidized bed, mixed fuel,   200 parts per million   24-hour \c\.
 (wood/refuse-derived fuel).     by dry volume.
3. Mass burn rotary refractory  100 parts per million   4-hour.
                                 by dry volume.
4. Mass burn rotary waterwall.  250 parts per million   24-hour.
                                 by dry volume.
5. Mass burn waterwall and      100 parts per million   4-hour.
 refractory.                     by dry volume.
6. Mixed fuel-fired,            150 parts per million   4-hour.
 (pulverized coal/refuse-        by dry volume.
 derived fuel).
7. Modular starved-air and      50 parts per million    4-hour.
 excess air.                     by dry volume.
8. Spreader stoker, mixed fuel- 200 parts per million   24-hour daily.
 fired (coal/refuse-derived      by dry volume.
 fuel).
9. Stoker, refuse-derived fuel  200 parts per million   24-hour daily.
                                 by dry volume.
------------------------------------------------------------------------
\a\ All emission limits (except for opacity) are measured at 7 percent
  oxygen. Compliance is determined by continuous emission monitoring
  systems.
\b\ Block averages, arithmetic mean. See Sec. 60.1940 for definitions.
 
\c\ 24-hour block average      etric mean.



 Sec. Table 6 to Subpart BBBB of Part 60--Model Rule--Requirements for 
        Validating Continuous Emission Monitoring Systems (CEMS)

------------------------------------------------------------------------
                                   Use the following
                                      methods in       Use the following
                                  appendix A of this      methods in
  For the following continuous     part to validate   appendix A of this
   emission monitoring systems        poollutant        part to measure
                                     concentratin      oxygen (or carbon
                                        levels             dioxide)
------------------------------------------------------------------------
1. Nitrogen Oxides (Class I       Method 7, 7A,       Method 3 or 3A.
 units only) \a\.                  7B,7C, 7D, or 7E.
2. Sulfur Dioxide...............  Method 6 or 6C....  Method 3 or 3A.
3. Carbon Monoxide..............  Method 10, 10A, or  Method 3 or 3A.
                                   10B.
------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to
  this subpart that are located at municipal waste combustion plants
  with an aggregate plant combustion capacity greater than 250 tons per
  day of municipal solid waste. See Sec. 60.1940 for definitions.



 Sec. Table 7 to Subpart BBBB of Part 60--Model Rule--Requirements for 
              Continuous Emission Monitoring Systems (CEMS)

----------------------------------------------------------------------------------------------------------------
                                                                                             If needed to meet
                                                                     Use the following         minimum data
                                                                        performance        requirements, use the
    For the following pollutants        Use the following span       specifications in      folloiwng alternate
                                           values for CEMS          appendix B of this     methods in appendix A
                                                                    part for your CEMS        of this part to
                                                                                               collect data
----------------------------------------------------------------------------------------------------------------
1. Opacity.........................  100 percent opacity........  P.S. 1................  Method 9.
2. Nitrogen Oxides (Class I units    Control device outlet: 125   P.S. 2................  Method 7E.
 only).                               percent of the maximum
                                      expected hourly potential
                                      nitrogen oxides emissions
                                      of the municipal waste
                                      combustion unit.
3. Sulfur Dioxide..................  Inlet to control device:     P.S. 2................  Method 6C.
                                      125 percent of the maximum
                                      expected hourly potential
                                      sulfur dioxide emissions
                                      of the municipal waste
                                      combustion unit.
                                     Control device outlet: 50
                                      percent of the maximum
                                      expected hourly potential
                                      sulfur dioxide emissions
                                      of the municipal waste
                                      combustion unit.
4. Carbon Monoxide.................  125 percent of the maximum   P.S. 4A...............  Method 10 with
                                      expected hourly potential                            alternative
                                      carbon monoxide emissions                            interference trap.
                                      of the municipal waste
                                      combustion unit.
5. Oxygen or Carbon Dioxide........  25 percent oxygen or 25      P.S. 3................  Method 3A or 3B.
                                      percent carbon dioxide.
----------------------------------------------------------------------------------------------------------------


[[Page 859]]



 Sec. Table 8 to Subpart BBBB of Part 60--Model Rule--Requirements for 
                               Stack Tests

----------------------------------------------------------------------------------------------------------------
                                        Use the following       Use the following
                                      methods in appendix A   methods in appendix A
To measure the following pollutants      of this part to         of this part to       Also note the following
                                     determine the sampling     measure pollutant       additional information
                                            location              concentration
----------------------------------------------------------------------------------------------------------------
1. Organics
    Dioxins/Furans.................  Method 1..............  Method 23 a...........  The minimum sampling time
                                                                                      must be 4 hours per test
                                                                                      run while the municipal
                                                                                      waste combustion unit is
                                                                                      operating at full load.
2. Metals
    Cadmium........................  Method 1..............  Method 29 a...........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Lead...........................  Method 1..............  Method 29 a...........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Mercury........................  Method 1..............  Method 29 a...........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Opacity........................  Method 9..............  Method 9..............  Use Method 9 to determine
                                                                                      compliance with opacity
                                                                                      limits. 3-hour observation
                                                                                      period (thirty 6-minute
                                                                                      averages).
    Particulate Matter.............  Method 1..............  Method 5 or 29........  The minimum sample volume
                                                                                      must be 1.0 cubic meters.
                                                                                      The probe and filter
                                                                                      holder heating systems in
                                                                                      the sample train must be
                                                                                      set to provide a gas
                                                                                      temperature no greater
                                                                                      than 160 14 [deg]C. The
                                                                                      minimum sampling time is 1
                                                                                      hour.
3. Acid Gases b
    Hydrogen Chloride..............  Method 1..............  Method 26 or 26A a....  Test runs must be at least
                                                                                      1 hour long while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
4. Other b
    Fugitive Ash...................  Not applicable........  Method 22 (visible      The three 1-hour
                                                              emissions).             observation period must
                                                                                      include periods when the
                                                                                      facility transfers
                                                                                      fugitive ash from the
                                                                                      municipal waste combustion
                                                                                      unit to the area where the
                                                                                      fugitive ash is stored or
                                                                                      loaded into containers or
                                                                                      trucks.
----------------------------------------------------------------------------------------------------------------
a Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part.
b Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except for
  quality assurance requirements in appendix F of this part.



  Subpart CCCC_Standards of Performance for Commercial and Industrial 
Solid Waste Incineration Units for Which Construction Is Commenced After 
    November 30, 1999 or for Which Modification or Reconstruction Is 
                   Commenced on or After June 1, 2001

    Source: 65 FR 75350, Dec. 1, 2000, unless otherwise noted.

    Effective Date Note: At 76 FR 15450, Mar. 21, 2011, the heading of 
subpart CCCC was revised to ``Standards of Performance for Commercial 
and Industrial Solid Waste Incineration Units'', effective May 20, 2011. 
At 76 FR 28661, May 18, 2011 the revision was delayed indefinitely.

                              Introduction



Sec. 60.2000  What does this subpart do?

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



Sec. 60.2005  When does this subpart become effective?

    This subpart takes effect on June 1, 2001. Some of the requirements 
in this subpart apply to planning the CISWI unit and must be completed 
even before construction is initiated on the CISWI unit (i.e., the 
preconstruction requirements in Sec. Sec. 60.2045 and 60.2050). Other 
requirements such as the emission limitations and operating limits apply 
after the CISWI unit begins operation.

[[Page 860]]


    Effective Date Note: At 76 FR 15450, Mar. 21, 2011, Sec. 60.2005 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
revision was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2005  When does this subpart become effective?

    This subpart takes effect on September 21, 2011. Some of the 
requirements in this subpart apply to planning the CISWI unit (i.e., the 
preconstruction requirements in Sec. Sec. 60.2045 and 60.2050). Other 
requirements such as the emission limitations and operating limits apply 
after the CISWI unit begins operation.

                              Applicability



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

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



Sec. 60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets 
either of the two criteria specified in paragraph (a)(1) or (2) of this 
section.
    (1) Commenced construction after November 30, 1999.
    (2) Commenced reconstruction or modification on or after June 1, 
2001.
    (b) This subpart does not affect your incineration unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the emission guidelines in subpart DDDD of this part 
(Emission Guidelines and Compliance Times for Commercial and Industrial 
Solid Waste Incineration Units). Such changes do not qualify as 
reconstruction or modification under this subpart.

    Effective Date Note: At 76 FR 15450, Mar. 21, 2011, Sec. 60.2015 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
revision was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any 
of the criteria specified in paragraph (a)(1) through (a)(2) of this 
section.
    (1) A commercial and industrial solid waste incineration unit that 
commenced construction after May 20, 2011.
    (2) A commercial and industrial solid waste incineration unit that 
commenced reconstruction or modification after September 21, 2011.
    (b) This subpart does not affect your CISWI unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the EG in subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units). Such changes do not qualify as reconstruction or modification 
under this subpart.



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

    This subpart exempts fifteen types of units described in paragraphs 
(a) through (o) of this section.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste as defined in Sec. 60.2265 are not subject to this subpart if you 
meet the two requirements specified in paragraphs (a)(1) and (2) of this 
section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste burned, and the weight of all other fuels and wastes burned in the 
unit.
    (b) Agricultural waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
agricultural wastes as defined in Sec. 60.2265 are not subject to this 
subpart if you meet the two requirements specified in paragraphs (b)(1) 
and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.

[[Page 861]]

    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraph (c)(1) or (2) of this 
section.
    (1) Are regulated under subpart Ea of this part (Standards of 
Performance for Municipal Waste Combustors); subpart Eb of this part 
(Standards of Performance for Municipal Waste Combustors for Which 
Construction is Commenced After September 20, 1994); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors that are Constructed on or Before September 20, 1994); AAAA 
of this part (Standards of Performance for New Stationary Sources: Small 
Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Existing Stationary Sources: Small Municipal 
Waste Combustion Units).
    (2) Burn greater than 30 percent municipal solid waste or refuse-
derived fuel, as defined in subpart Ea, subpart Eb, subpart AAAA, and 
subpart BBBB of this part, and that have the capacity to burn less than 
35 tons (32 megagrams) per day of municipal solid waste or refuse-
derived fuel, if you meet the two requirements in paragraphs (c)(2)(i) 
and (ii) of this section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ce of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (3) of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units that meet either of the 
two criteria specified in paragraph (g)(1) or (2) of this section.
    (1) Units for which you are required to get a permit under section 
3005 of the Solid Waste Disposal Act.
    (2) Units regulated under subpart EEE of 40 CFR part 63 (National 
Emission Standards for Hazardous Air Pollutants from Hazardous Waste 
Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under ``Air Curtain 
Incinerators'' (Sec. Sec. 60.2245 through 60.2260).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j) Cyclonic barrel burners. (See Sec. 60.2265)
    (k) Rack, part, and drum reclamation units. (See Sec. 60.2265)
    (l) Cement kilns. Kilns regulated under subpart LLL of part 63 of 
this chapter (National Emission Standards for Hazardous Air Pollutants 
from the Portland Cement Manufacturing Industry).

[[Page 862]]

    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The seven types of units described in 
paragraphs (n)(1) through (7) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that are 
reclaimed in a pulping liquor recovery process and reused in the pulping 
process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide that 
is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
    (o) Laboratory Analysis Units. Units that burn samples of materials 
for the purpose of chemical or physical analysis.

    Effective Date Note: At 76 FR 15450, Mar. 21, 2011, Sec. 60.2020 
was amended by revising the introductory text; removing and reserving 
paragraph (b); revising paragraph (c); revising paragraphs (e)(3), 
(f)(3), (g), (m) and (n); removing and reserving paragraphs (j), (k), 
and (l); removing paragraph (o), effective May 20, 2011. At 76 FR 28661, 
May 18, 2011 the revision was delayed indefinitely. For the convenience 
of the user, the revised text is set forth as follows:



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

    This subpart exempts the types of units described in paragraphs (a), 
(c) through (i) and (n) of this section, but some units are required to 
provide notifications. Air curtain incinerators are exempt from the 
requirements in this subpart except for the provisions in Sec. Sec. 
60.2242, 60.2250, and 60.2260.

                                * * * * *

    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
regulated under subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); subpart AAAA of this part (Standards of Performance for 
Small Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Small Municipal Waste Combustion Units).

                                * * * * *

    (e) * * *
    (3) You submit a request to the Administrator for a determination 
that the qualifying cogeneration facility is combusting homogenous waste 
as that term is defined in Sec. 60.2265. The request must include 
information sufficient to document that the unit meets the criteria of 
the definition of a small power production facility and that the waste 
material the unit is proposed to burn is homogeneous.

                                * * * * *

    (f) * * *
    (3) You submit a request to the Administrator for a determination 
that the qualifying cogeneration facility is combusting homogenous waste 
as that term is defined in Sec. 60.2265. The request must include 
information sufficient to document that the unit meets the criteria of 
the definition of a cogeneration facility and that the waste material 
the unit is combusting is homogeneous.
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.

                                * * * * *

    (j) [Reserved]
    (k) [Reserved]
    (l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that

[[Page 863]]

are subject to subpart LLLL of this part (Standards of Performance for 
Sewage Sludge Incineration Units) or subpart MMMM of this part (Emission 
Guidelines for Sewage Sludge Incineration Units). Sewage sludge 
incineration unit designs include fluidized bed and multiple hearth.



Sec. 60.2025  What if my chemical recovery unit is not listed in 
Sec. 60.2020(n)?

    (a) If your chemical recovery unit is not listed in Sec. 
60.2020(n), you can petition the Administrator to add your unit to the 
list. The petition must contain the six items in paragraphs (a)(1) 
through (6) of this section.
    (1) A description of the source of the materials being burned.
    (2) A description of the composition of the materials being burned, 
highlighting the chemical constituents in these materials that are 
recovered.
    (3) A description (including a process flow diagram) of the process 
in which the materials are burned, highlighting the type, design, and 
operation of the equipment used in this process.
    (4) A description (including a process flow diagram) of the chemical 
constituent recovery process, highlighting the type, design, and 
operation of the equipment used in this process.
    (5) A description of the commercial markets for the recovered 
chemical constituents and their use.
    (6) The composition of the recovered chemical constituents and the 
composition of these chemical constituents as they are bought and sold 
in commercial markets.
    (b) Until the Administrator approves your petition, the incineration 
unit is covered by this subpart.
    (c) If a petition is approved, the Administrator will amend Sec. 
60.2020(n) to add the unit to the list of chemical recovery units.

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2025 
was removed, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
removal was delayed indefinitely.



Sec. 60.2030  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency (as well as EPA) has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency, the authorities contained 
in paragraph (c) of this section are retained by the EPA Administrator 
and are not transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (7) of this 
section.
    (1) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec. 60.2110.
    (2) Approval of major alternatives to test methods.
    (3) Approval of major alternatives to monitoring.
    (4) Approval of major alternatives to recordkeeping and reporting.
    (5) The requirements in Sec. 60.2025.
    (6) The requirements in Sec. 60.2115.
    (7) The requirements in Sec. 60.2100(b)(2).

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2030 
was amended by revising paragraph (c) introductory text; removing and 
reserving paragraph (c)(5); adding paragraphs (c)(8) through (c)(10)., 
effective May 20, 2011. At 76 FR 28661, May 18, 2011 the removal was 
delayed indefinitely. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 60.2030  Who implements and enforces this subpart?

                                * * * * *

    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) and 
(c)(6) through (10) of this section.

                                * * * * *

    (5) [Reserved]

                                * * * * *

    (8) Approval of alternative opacity emission limits in Sec. 60.2105 
under Sec. 60.11(e)(6) through (e)(8).
    (9) Performance test and data reduction waivers under Sec. 
60.2125(j), 60.8(b)(4) and (5).

[[Page 864]]

    (10) Determination of whether a qualifying small power production 
facility or cogeneration facility under Sec. 60.2020(e) or (f) is 
combusting homogenous waste as that term is defined in Sec. 60.2265.



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

    These new source performance standards contain the eleven major 
components listed in paragraphs (a) through (k) of this section.
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.



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

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

                     Preconstruction Siting Analysis



Sec. 60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of a CISWI unit after December 1, 2000.
    (b) You must prepare a siting analysis if you are required to submit 
an initial application for a construction permit under 40 CFR part 51, 
subpart I, or 40 CFR part 52, as applicable, for the reconstruction or 
modification of your CISWI unit.

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2045 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of an incinerator after December 1, 2000.
    (b) You must prepare a siting analysis for CISWI units that 
commenced construction after June 4, 2010, or that commenced 
reconstruction or modification after September 21, 2011.
    (c) You must prepare a siting analysis if you are required to submit 
an initial application for a construction permit under 40 CFR part 51, 
subpart I, or 40 CFR part 52, as applicable, for the reconstruction or 
modification of your CISWI unit.



Sec. 60.2050  What is a siting analysis?

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

                          Waste Management Plan



Sec. 60.2055  What is a waste management plan?

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

[[Page 865]]



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

    You must submit a waste management plan prior to commencing 
construction.



Sec. 60.2065  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures and implement those measures the source considers practical and 
feasible, considering the effectiveness of waste management measures 
already in place, the costs of additional measures, the emissions 
reductions expected to be achieved, and any other environmental or 
energy impacts they might have.

                   Operator Training and Qualification



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

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified CISWI 
unit operator may operate the CISWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified CISWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec. 60.2100.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to correct malfunctions or conditions that may lead to 
malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2070 
was amended by revising paragraph (c)(1)(vii), effective May 20, 2011. 
At 76 FR 28661, May 18, 2011 the amendment was delayed indefinitely. For 
the convenience of the user, the revised text is set forth as follows:



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

                                * * * * *

    (c) * * *
    (1) * * *
    (vii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions.

                                * * * * *



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

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

[[Page 866]]

CISWI unit or assumes responsibility for supervising the operation of 
the CISWI unit.



Sec. 60.2080  How do I obtain my operator qualification?

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



Sec. 60.2085  How do I maintain my operator qualification?

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

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2085 
was amended by revising paragraph (d), effective May 20, 2011. At 76 FR 
28661, May 18, 2011 the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 60.2085  How do I maintain my operator qualification?

                                * * * * *

    (d) Prevention and correction of malfunctions or conditions that may 
lead to malfunction.

                                * * * * *



Sec. 60.2090  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.2085.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2080(a).



Sec. 60.2095  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec. 60.2055 
through 60.2065.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted within 6 months after the effective date 
of this subpart or prior to an employee's assumption of responsibilities 
for operation of the CISWI unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted not later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.

[[Page 867]]

    (1) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2095(a) as required by 
Sec. 60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2070, met 
the criteria for qualification under Sec. 60.2080, and maintained or 
renewed their qualification under Sec. 60.2085 or Sec. 60.2090. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec. 60.2100  What if all the qualified operators are temporarily 
not accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the two criteria specified in paragraphs (a) and (b) of 
this section, depending on the length of time that a qualified operator 
is not accessible.
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec. 60.2095(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec. 60.2210.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the CISWI unit. You must submit the first status report 4 
weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section. If the Administrator notifies you that 
your request to continue operation of the CISWI unit is disapproved, the 
CISWI unit may continue operation for 90 days, then must cease 
operation. Operation of the unit may resume if you meet the two 
requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec. 
60.2070(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

                Emission Limitations and Operating Limits



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

    You must meet the emission limitations specified in table 1 of this 
subpart 60 days after your CISWI unit reaches the charge rate at which 
it will operate, but no later than 180 days after its initial startup.

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2105 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
added arevised text is set forth as follows:



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

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 1 of this subpart or 
tables 5 through 8 of this subpart by the applicable date in Sec. 
60.2140. You must be in compliance with the emission limitations of this 
subpart that apply to you at all times.
    (b) An incinerator unit that commenced construction after November 
30, 1999, but no later than June 4, 2010, or that commenced 
reconstruction or modification on or after June 1, 2001, but no later 
than September 21, 2011 must meet the more stringent emission limit for 
the respective pollutant in table 1 of this subpart or table 6 of 
subpart DDDD.

[[Page 868]]



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

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 2 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii), as appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as 90 percent of the average pressure drop across the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as 90 percent of the 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as 90 
percent of the average liquor flow rate at the inlet to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as 90 percent of 
the average liquor pH at the inlet to the wet scrubber measured during 
the most recent performance test demonstrating compliance with the HCl 
emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your CISWI unit reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup.
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.

    Effective Date Note: At 76 FR 15451, Mar. 21, 2011, Sec. 60.2110 
was amended by revising paragraph (a) introductory text; revising 
paragraphs (a)(2) through (a)(4); adding paragraphs (d) through (g)., 
effective May 20, 2011. At 76 FR 28661, May 18, 2011 the amendment was 
delayed indefinitely. For the convenience of the user, the added and 
revised text is set forth as follows:



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

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 2 of this subpart) as 
described in paragraphs (a)(1) through (4) of this section during the 
initial performance test.

                                * * * * *

    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour average pressure drop 
across the wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations; or minimum amperage to the fan for the wet scrubber, which 
is calculated as the lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.

[[Page 869]]

    (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-
hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.

                                * * * * *

    (d) If you use an electrostatic precipitator to comply with the 
emission limitations, you must measure the (secondary) voltage and 
amperage of the electrostatic precipitator collection plates during the 
particulate matter performance test. Calculate the average electric 
power value (secondary voltage x secondary current = secondary electric 
power) for each test run. The operating limit for the electrostatic 
precipitator is calculated as the lowest 1-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with the 
emission limitations, you must measure the sorbent flow rate during the 
performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations.
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
lowest 1-hour average charge rate, secondary chamber temperature, and 
reagent flow rate measured during the most recent performance test 
demonstrating compliance with the nitrogen oxides emission limitations.
    (g) If you do not use a wet scrubber, electrostatic precipitator, or 
fabric filter to comply with the emission limitations, and if you do not 
determine compliance with your particulate matter emission limitation 
with a particulate matter continuous emission monitoring system, you 
must maintain opacity to less than or equal to 10 percent opacity (1-
hour block average).



Sec. 60.2115  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, or limit emissions in some other manner, to comply with the 
emission limitations under Sec. 60.2105, you must petition the 
Administrator for specific operating limits to be established during the 
initial performance test and continuously monitored thereafter. You must 
not conduct the initial performance test until after the petition has 
been approved by the Administrator. Your petition must include the five 
items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.

    Effective Date Note: At 76 FR 15452, Mar. 21, 2011, Sec. 60.2115 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, or an electrostatic precipitator or limit emissions in 
some other manner, including material balances, to comply with the 
emission limitations under Sec. 60.2105, you must petition the EPA 
Administrator for specific operating limits to be established during the 
initial performance test and continuously monitored thereafter. You must 
not conduct the initial performance test until after the petition has 
been approved by

[[Page 870]]

the Administrator. Your petition must include the five items listed in 
paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec. 60.2120  What happens during periods of startup, shutdown, 
and malfunction?

    (a) The emission limitations and operating limits apply at all times 
except during CISWI unit startups, shutdowns, or malfunctions.
    (b) Each malfunction must last no longer than 3 hours.

                           Performance Testing

    Effective Date Note: At 76 FR 15452, Mar. 21, 2011, Sec. 60.2120 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2120  Affirmative Defense for Exceedance of an Emission Limit 
          During Malfunction.

    In response to an action to enforce the standards set forth in 
paragraph Sec. 60.2105, you may assert an affirmative defense to a 
claim for civil penalties for exceedances of such standards that are 
caused by malfunction, as defined at 40 CFR 60.2. Appropriate penalties 
may be assessed, however, if you fail to meet your burden of proving all 
of the requirements in the affirmative defense. The affirmative defense 
shall not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health; and
    (6) All emissions and/or parameter monitoring and systems, as well 
as control systems, were kept in operation if at all possible, 
consistent with safety and good air pollution control practices; and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limit(s) during a malfunction shall notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than two business days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense shall also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of

[[Page 871]]

the exceedance of the standard in Sec. 60.2105 to demonstrate, with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. The owner or operator may seek 
an extension of this deadline for up to 30 additional days by submitting 
a written request to the Administrator before the expiration of the 45 
day period. Until a request for an extension has been approved by the 
Administrator, the owner or operator is subject to the requirement to 
submit such report within 45 days of the initial occurrence of the 
exceedance.



Sec. 60.2125  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec. 60.2175(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 1 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 of this section:

Cadj = Cmeas (20.9-7)/(20.9-%O2) (Eq. 
    1)

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis, percent.

    (g) You must determine dioxins/furans toxic equivalency by following 
the procedures in paragraphs (g)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octachlorinated-congener emitted using EPA Method 23.
    (2) For each dioxin/furan (tetra-through octachlorinated) congener 
measured in accordance with paragraph (g)(1) of this section, multiply 
the congener concentration by its corresponding toxic equivalency factor 
specified in table 3 of this subpart.
    (3) Sum the products calculated in accordance with paragraph (g)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.

    Effective Date Note: At 76 FR 15453, Mar. 21, 2011, Sec. 60.2125 
was amended by revising paragraph (c); revising paragraphs (g)(1) and 
(g)(2); adding paragraphs (h) and (i), effective May 20, 2011. At 76 FR 
28661, May 18, 2011 the amendment was delayed indefinitely. For the 
convenience of the user, the added and revised text is set forth as 
follows:



Sec. 60.2125  How do I conduct the initial and annual performance test?

                                * * * * *

    (c) All performance tests must be conducted using the minimum run 
duration specified in table 1 of this subpart or tables 5 through 8 of 
this subpart.

                                * * * * *

    (g) * * *
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) For each dioxin/furan (tetra-through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) of this section, multiply 
the isomer concentration by its corresponding toxic equivalency factor 
specified in table 3 of this subpart.

                                * * * * *

    (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be 
used to determine compliance with the fugitive ash emission limit in 
table 1 of this subpart or tables 5 through 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4 of this part, based

[[Page 872]]

on three 1-hour blocks consisting of ten 6-minute average opacity 
values, unless you are required to install a continuous opacity 
monitoring system, consistent with Sec. Sec. 60.2145 and 60.2165.



Sec. 60.2130  How are the performance test data used?

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

    Effective Date Note: At 76 FR 15453, Mar. 21, 2011, Sec. 60.2130 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2130  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 1 of this subpart or tables 5 through 
8 of this subpart.

                     Initial Compliance Requirements



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

    You must conduct an initial performance test, as required under 
Sec. 60.8, to determine compliance with the emission limitations in 
table 1 of this subpart and to establish operating limits using the 
procedure in Sec. 60.2110 or Sec. 60.2115. The initial performance 
test must be conducted using the test methods listed in table 1 of this 
subpart and the procedures in Sec. 60.2125.

    Effective Date Note: At 76 FR 15453, Mar. 21, 2011, Sec. 60.2135 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

    The initial performance test must be conducted within 60 days after 
your CISWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup.

    Effective Date Note: At 76 FR 15453, Mar. 21, 2011, Sec. 60.2140 
was amended by designating the existing text as paragraph (a) and adding 
paragraphs (b) and (c), effective May 20, 2011. At 76 FR 28661, May 18, 
2011 the amendment was delayed indefinitely. For the convenience of the 
user, the added text is set forth as follows:



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

                                * * * * *

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



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

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the device's initial startup.

[[Page 873]]

    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless the 
owner or operator obtains written approval from the state agency 
establishing a date whereby all necessary repairs of the designated 
facility must be completed.

[76 FR 15453, Mar. 21, 2011]

    Effective Date Note: At 76 FR 15453, Mar. 21, 2011, Sec. 60.2141 
was added, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely.

                   Continuous Compliance Requirements



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

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under Sec. 60.8 to determine compliance with the emission limitations. 
The annual performance test must be conducted using the test methods 
listed in table 1 of this subpart and the procedures in Sec. 60.2125.
    (b) You must continuously monitor the operating parameters specified 
in Sec. 60.2110 or established under Sec. 60.2115. Operation above the 
established maximum or below the established minimum operating limits 
constitutes a deviation from the established operating limits. Three-
hour rolling average values are used to determine compliance (except for 
baghouse leak detection system alarms) unless a different averaging 
period is established under Sec. 60.2115. Operating limits do not apply 
during performance tests.
    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.

    Effective Date Note: At 76 FR 15453, Mar. 21, 2011, Sec. 60.2145 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in 
this subpart apply at all times.
    (2) If you cease combusting solid waste, you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste, you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a date 
selected by you, that must be at least 6 months from the date that you 
ceased combusting solid waste, consistent with Sec. 60.2145(a)(2). Your 
source must remain in compliance with this subpart until the effective 
date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to the 
provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable after 
you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3)of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste

[[Page 874]]

must be installed and operational as of the effective date of the waste-
to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the waste-
to-fuel, or fuel-to-waste switch. All calibration and drift checks must 
be performed as of the effective date of the waste-to-fuel, or fuel-to-
waste switch. Relative accuracy tests must be performed as of the 
performance test deadline for PM CEMS. Relative accuracy testing for 
other CEMS need not be repeated if that testing was previously performed 
consistent with Clean Air Act section 112 monitoring requirements or 
monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 1 of this subpart or tables 5 through 8 of this subpart 
and opacity for each CISWI unit as required under Sec. 60.2125. The 
annual performance test must be conducted using the test methods listed 
in table 1 of this subpart or tables 5 through 8 of this subpart and the 
procedures in Sec. 60.2125. Annual performance tests are not required 
if you use continuous emission monitoring systems or continuous opacity 
monitoring systems to determine compliance.
    (c) You must continuously monitor the operating parameters specified 
in Sec. 60.2110 or established under Sec. 60.2115 and as specified in 
Sec. 60.2170. Use three-hour block average values to determine 
compliance (except for baghouse leak detection system alarms) unless a 
different averaging period is established under Sec. 60.2115. Operation 
above the established maximum, below the established minimum, or outside 
the allowable range of the operating limits specified in paragraph (a) 
of this section constitutes a deviation from your operating limits 
established under this subpart, except during performance tests 
conducted to determine compliance with the emission and operating limits 
or to establish new operating limits. Operating limits are confirmed or 
reestablished during performance tests.
    (d) You must burn only the same types of waste used to establish 
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote units, 
you must perform an annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity (except where particulate matter continuous 
emission monitoring system or continuous opacity monitoring systems are 
used are used) and the pollutants listed in table 6 of this subpart.
    (g) You must demonstrate continuous compliance with the carbon 
monoxide emission limit using a carbon monoxide continuous emission 
monitoring system according to the following requirements:
    (1) You must measure emissions according to Sec. 60.13 to calculate 
1-hour arithmetic averages, corrected to 7 percent oxygen. You must 
demonstrate initial compliance with the carbon monoxide emissions limit 
using a 30-day rolling average of these 1-hour arithmetic average 
emission concentrations, calculated using Equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of 
this part.
    (2) Operate the carbon monoxide continuous emission monitoring 
system in accordance with the requirements of performance specification 
4A of appendix B of this part and quality assurance procedure 1 of 
appendix F of this part.
    (h) For energy recovery units with design capacities greater than or 
equal to 250 MMBtu/hr and waste-burning kilns, demonstrate continuous 
compliance with the particulate matter emissions limit using a 
particulate matter continuous emission monitoring system according to 
the procedures in Sec. 60.2165(n).
    (i) For energy recovery units with design capacities greater than or 
equal to 10 MMBtu/hour, if you have an opacity operating limit, you must 
install, operate, certify and maintain a continuous opacity monitoring 
system (COMS) according to the procedures in Sec. 60.2165.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for cadmium, lead, dioxins/furans and hydrogen chloride as listed 
in table 7 of this subpart. You must determine compliance with hydrogen 
chloride using a hydrogen chloride continuous emission monitoring system 
if you do not use an acid gas wet scrubber. You must determine 
compliance with nitrogen oxides, sulfur dioxide, carbon monoxide, and 
particulate matter using continuous emission monitoring systems. You 
must determine compliance with the mercury emissions limit using a 
mercury continuous emission monitoring system according to the following 
requirements:
    (1) Operate a continuous emission monitoring system in accordance 
with performance specification 12A of 40 CFR part 60, appendix B or a 
sorbent trap based integrated monitor in accordance with performance 
specification 12B of 40 CFR part 60, appendix B. The duration of the 
performance test must be a calendar month. For each calendar month in 
which the waste-burning kiln operates, hourly mercury concentration 
data, and stack gas volumetric flow rate data must be obtained.
    (2) Owners or operators using a mercury continuous emission 
monitoring system

[[Page 875]]

must install, operate, calibrate, and maintain an instrument for 
continuously measuring and recording the mercury mass emissions rate to 
the atmosphere according to the requirements of performance 
specifications 6 and 12A of 40 CFR part 60, appendix B, and quality 
assurance procedure 6 of 40 CFR part 60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury continuous emission monitoring 
system while the raw mill of the in-line kiln/raw mill is operating 
under normal conditions and while the raw mill of the in-line kiln/raw 
mill is not operating.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec. 60.13(i).
    (l) For each continuous monitoring system required in this section, 
you must develop and submit to the EPA Administrator for approval a 
site-specific monitoring plan according to the requirements of this 
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this 
section.
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f), and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater 
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section.

[[Page 876]]

    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the pH of the operating limit) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) through (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system to 
comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec. 60.17).
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that will 
sound an alarm when an increase in relative particulate matter emissions 
over a preset level is detected. The alarm must be located where it is 
observed readily by plant operating personnel.
    (s) For facilities using a continuous emission monitoring system to 
demonstrate compliance with the sulfur dioxide emission limit, 
compliance with the sulfur dioxide emission limit may be demonstrated by 
using the continuous emission monitoring system specified in Sec. 
60.2165 to measure sulfur dioxide and calculating a 30-day rolling 
average emission concentration using Equation 19-19 in section 12.4.1 of 
EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of this part. 
The sulfur dioxide continuous emission monitoring system must be 
operated according to performance specification 2 in appendix B of this 
part and must follow the procedures and methods specified in this 
paragraph(s). For sources that have actual inlet emissions less than 100 
parts per million dry volume, the relative accuracy criterion for inlet 
sulfur dioxide continuous emission monitoring systems should be no 
greater than 20 percent of the mean value of the reference method test 
data in terms of the units of the emission standard, or 5 parts per 
million dry volume absolute value of the mean difference between the 
reference method and the continuous emission monitoring systems, 
whichever is greater.
    (1) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 2 in 
appendix B of this part, collect sulfur dioxide and oxygen (or carbon 
dioxide) data concurrently (or within a 30- to 60-minute period) with 
both the continuous emission monitors and the test methods specified in 
paragraphs (s)(1)(i) and (s)(1)(ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec. 60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17), must be used.
    (2) The span value of the continuous emission monitoring system at 
the inlet to the sulfur dioxide control device must be 125 percent of 
the maximum estimated hourly potential sulfur dioxide emissions of the 
unit subject to this rule. The span value of the continuous emission 
monitoring system at

[[Page 877]]

the outlet of the sulfur dioxide control device must be 50 percent of 
the maximum estimated hourly potential sulfur dioxide emissions of the 
unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a continuous emission monitoring system to 
demonstrate continuous compliance with the nitrogen oxides emission 
limit, compliance with the nitrogen oxides emission limit may be 
demonstrated by using the continuous emission monitoring system 
specified in Sec. 60.2165 to measure nitrogen oxides and calculating a 
30-day rolling average emission concentration using Equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-
7 of this part. The nitrogen oxides continuous emission monitoring 
system must be operated according to performance specification 2 in 
appendix B of this part and must follow the procedures and methods 
specified in paragraphs (t)(1) through (t)(5) of this section.
    (1) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 2 of 
appendix B of this part, collect nitrogen oxides and oxygen (or carbon 
dioxide) data concurrently (or within a 30- to 60-minute period) with 
both the continuous emission monitoring systems and the test methods 
specified in paragraphs (t)(1)(i) and (t)(1)(ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR part 
60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec. 60.17), as applicable, 
must be used.
    (2) The span value of the continuous emission monitoring system must 
be 125 percent of the maximum estimated hourly potential nitrogen oxide 
emissions of the unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through 
(t)(4)(iv) of this section. This relationship may be re-established 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec. 60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a continuous emission monitoring system to 
demonstrate continuous compliance with any of the emission limits of 
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average, calculated using Equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-
7 of this part.
    (2) Operate all continuous emission monitoring systems in accordance 
with the applicable procedures under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.



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

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

    Effective Date Note: At 76 FR 15456, Mar. 21, 2011, Sec. 60.2150 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
added and revised text is set forth as follows:



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

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



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

    On an annual basis (no more than 12 months following the previous 
annual

[[Page 878]]

air pollution control device inspection), you must complete the air 
pollution control device inspection as described in Sec. 60.2141.

[76 FR 15456, Mar. 21, 2011]

    Effective Date Note: At 76 FR 15456, Mar. 21, 2011, Sec. 60.2151 
was added, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely.



Sec. 60.2155  May I conduct performance testing less often?

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

    Effective Date Note: At 76 FR 15456, Mar. 21, 2011, Sec. 60.2155 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2155  May I conduct performance testing less often?

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



Sec. 60.2160  May I conduct a repeat performance test to establish 
new operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used to 
demonstrate compliance.

[[Page 879]]

                               Monitoring



Sec. 60.2165  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec. 60.2105, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 2 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 2 of this subpart at all times except as specified in Sec. 
60.2170(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limitations under Sec. 60.2105, you must install, 
calibrate (to the manufacturers' specifications), maintain, and operate 
the equipment necessary to monitor compliance with the site-specific 
operating limits established using the procedures in Sec. 60.2115.

    Effective Date Note: At 76 FR 15457, Mar. 21, 2011, Sec. 60.2165 
was amended by rvising paragraph (b)(6); revising paragraph (c); adding 
paragraphs (d) through (p), effective May 20, 2011. At 76 FR 28661, May 
18, 2011 the amendment was delayed indefinitely. For the convenience of 
the user, the added and revised text is set forth as follows:



Sec. 60.2165  What monitoring equipment must I install and what 
          parameters must I monitor?

                                * * * * *

    (b) * * *
    (6) The bag leak detection system must be equipped with an alarm 
system that will alert automatically an operator when an increase in 
relative particulate matter emissions over a preset level is detected. 
The alarm must be located where it is observed easily by plant operating 
personnel.

                                * * * * *

    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, or an electrostatic 
precipitator to comply with the emission limitations under Sec. 
60.2105, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec. 60.2115.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.2125, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum

[[Page 880]]

charge rate, or below the minimum secondary chamber temperature (if 
applicable to your CISWI unit) or the minimum reagent flow rate measured 
as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart, you must monitor the secondary power to 
the electrostatic precipitator collection plates and maintain the 3-hour 
block averages at or above the operating limits established during the 
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber, in 
place of hydrogen chloride testing with EPA Method 321 at 40 CFR part 
63, appendix A, an owner or operator must install, calibrate, maintain, 
and operate a continuous emission monitoring system for monitoring 
hydrogen chloride emissions discharged to the atmosphere and record the 
output of the system. To demonstrate continuous compliance with the 
hydrogen chloride emissions limit for units other than waste-burning 
kilns not equipped with a wet scrubber, a facility may substitute use of 
a hydrogen chloride continuous emission monitoring system for conducting 
the hydrogen chloride annual performance test, monitoring the minimum 
hydrogen chloride sorbent flow rate, and monitoring the minimum scrubber 
liquor pH.
    (h) To demonstrate continuous compliance with the particulate matter 
emissions limit, a facility may substitute use of a particulate matter 
continuous emission monitoring system for conducting the particulate 
matter annual performance test and monitoring the minimum pressure drop 
across the wet scrubber, if applicable.
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the dioxin/furan annual performance test. You must 
record the output of the system and analyze the sample according to EPA 
Method 23 at 40 CFR part 60, appendix A-7 of this part. You may propose 
alternative continuous monitoring consistent with the requirements in 
Sec. 60.13(i). The owner or operator who elects to continuously sample 
dioxin/furan emissions instead of sampling and testing using EPA Method 
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain, 
and operate a continuous automated sampling system and must comply with 
the requirements specified in Sec. 60.58b(p) and (q).
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance specification 
12B. The owner or operator who elects to continuously sample mercury 
emissions instead of sampling and testing using EPA Reference Method 29 
or 30B at 40 CFR part 60, appendix A-8 of this part, ASTM D6784-02 
(Reapproved 2008) (incorporated by reference, see Sec. 60.17), or an 
approved alternative method for measuring mercury emissions, must 
install, calibrate, maintain, and operate a continuous automated 
sampling system and must comply with performance specification 12A and 
quality assurance procedure 5, as well as the requirements specified in 
Sec. 60.58b(p) and (q).
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a continuous emission 
monitoring system for the nitrogen oxides annual performance test to 
demonstrate compliance with the nitrogen oxides emissions limits.
    (1) Install, calibrate, maintain, and operate a continuous emission 
monitoring system for measuring nitrogen oxides emissions discharged to 
the atmosphere and record the output of the system. The requirements 
under performance specification 2 of appendix B of this part, the 
quality assurance procedure one of appendix F of this part and the 
procedures under Sec. 60.13 must be followed for installation, 
evaluation, and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec. 
60.2125, compliance with the emission limit for nitrogen oxides required 
under Sec. 60.52b(d) must be determined based on the 30-day rolling 
average of the hourly emission concentrations using continuous emission 
monitoring system outlet data. The 1-hour arithmetic averages must be 
expressed in parts per million by volume (dry basis) and used to 
calculate the 30-day rolling average concentrations. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the sulfur dioxide annual performance test to 
demonstrate compliance with the sulfur dioxide emissions limits.
    (1) Install, calibrate, maintain, and operate a continuous emission 
monitoring system for measuring sulfur dioxide emissions discharged to 
the atmosphere and record the output of the system. The requirements 
under performance specification 2 of appendix B of this part, the 
quality assurance requirements of procedure one of appendix F of

[[Page 881]]

this part and procedures under Sec. 60.13 must be followed for 
installation, evaluation, and operation of the continuous emission 
monitoring system.
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec. 60.2125, 
compliance with the sulfur dioxide emission limit may be determined 
based on the 30-day rolling average of the hourly arithmetic average 
emission concentrations using continuous emission monitoring system 
outlet data. The 1-hour arithmetic averages must be expressed in parts 
per million corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average emission concentrations and daily 
geometric average emission percent reductions. The 1-hour arithmetic 
averages must be calculated using the data points required under Sec. 
60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr design heat input 
that do not use a wet scrubber, fabric filter with bag leak detection 
system, or particulate matter continuous emission monitoring system, you 
must install, operate, certify, and maintain a continuous opacity 
monitoring system according to the procedures in paragraphs (m)(1) 
through (5) of this section by the compliance date specified in Sec. 
60.2105. Energy recovery units that use a particulate matter continuous 
emission monitoring system to demonstrate initial and continuing 
compliance according to the procedures in Sec. 60.2165(n) are not 
required to install a continuous opacity monitoring system and must 
perform the annual performance tests for the opacity consistent with 
Sec. 60.2145(f).
    (1) Install, operate, and maintain each continuous opacity 
monitoring system according to performance specification 1 of 40 CFR 
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec. 60.13 and 
according to PS-1 of 40 CFR part 60, appendix B.
    (3) As specified in Sec. 60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec. 60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour block 
averages as applicable) collected.
    (n) For energy recovery units with design capacities greater than 
250 MMBtu/hr, in place of particulate matter testing with EPA Method 5 
at 40 CFR part 60, appendix A-3, an owner or operator must install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for monitoring particulate matter emissions discharged to the atmosphere 
and record the output of the system. The owner or operator of an 
affected facility who continuously monitors particulate matter emissions 
instead of conducting performance testing using EPA Method 5 at 40 CFR 
part 60, appendix A-3 must install, calibrate, maintain, and operate a 
continuous emission monitoring system and must comply with the 
requirements specified in paragraphs (n)(1) through (n)(14) of this 
section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor must be installed, evaluated, and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
two of appendix F of this part and Sec. 60.13. Use Method 5 or Method 
5I of Appendix A of this part for the PM CEMS correlation testing.
    (4) The initial performance evaluation must be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.2125 or within 180 days of 
notification to the Administrator of use of the continuous monitoring 
system if the owner or operator was previously determining compliance by 
Method 5 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec. 60.2145(s)(5)(i) through 
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec. 60.2125. Compliance with the particulate matter emission 
limit must be determined by using the continuous emission monitoring 
system specified in paragraph (n) of this section to measure particulate 
matter and calculating a 30-day rolling average emission concentration 
using Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7.
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using Equation 
19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 
appendix A-7 from the 1-hour arithmetic average continuous emission 
monitoring system outlet data.
    (8) At a minimum, valid continuous monitoring system hourly averages 
must be obtained as specified in Sec. 60.2170(e).
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must

[[Page 882]]

be expressed in milligrams per dry standard cubic meter corrected to 7 
percent oxygen (dry basis) and must be used to calculate the 30-day 
rolling average emission concentrations. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec. 
60.13(e)(2).
    (10) All valid continuous emission monitoring system data must be 
used in calculating average emission concentrations even if the minimum 
continuous emission monitoring system data requirements of paragraph 
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system must be operated 
according to performance specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 11 in 
appendix B of this part, particulate matter and oxygen (or carbon 
dioxide) data must be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emission monitors and the 
following test methods.
    (i) For particulate matter, EPA Reference Method 5 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (14) When particulate matter emissions data are not obtained because 
of continuous emission monitoring system breakdowns, repairs, 
calibration checks, and zero and span adjustments, emissions data must 
be obtained by using other monitoring systems as approved by the 
Administrator or EPA Reference Method 19 at 40 CFR part 60, appendix A-7 
to provide, as necessary, valid emissions data for a minimum of 85 
percent of the hours per day, 90 percent of the hours per calendar 
quarter, and 95 percent of the hours per calendar year that the affected 
facility is operated and combusting waste.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, you must use a continuous automated sampling system.
    (1) Install, calibrate, maintain, and operate a continuous emission 
monitoring system for measuring carbon monoxide emissions discharged to 
the atmosphere and record the output of the system. The requirements 
under performance specification 4B of appendix B of this part, the 
quality assurance procedure 1 of appendix F of this part and the 
procedures under Sec. 60.13 must be followed for installation, 
evaluation, and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec. 
60.2140, compliance with the carbon monoxide emission limit must be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using continuous emission monitoring 
system outlet data. The 1-hour arithmetic averages must be expressed in 
parts per million corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average emission concentrations. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain, 
and operate a device or method for measuring the use of the bypass stack 
including date, time and duration.



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

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

    Effective Date Note: At 76 FR 15459, Mar. 21, 2011, Sec. 60.2170 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    For each continuous monitoring system required or optionally allowed 
under Sec. 60.2165, you must collect data according to this section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-control 
periods (as specified in 60.2210(o) of this part), and required 
monitoring system quality assurance or quality control activities 
(including, as applicable, calibration checks and required zero and

[[Page 883]]

span adjustments). A monitoring system malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring system 
to provide valid data. Monitoring system failures that are caused in 
part by poor maintenance or careless operation are not malfunctions. You 
are required to effect monitoring system repairs in response to 
monitoring system malfunctions or out-of-control periods and to return 
the monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. You must use 
all the data collected during all other periods in assessing the 
operation of the control device and associated control system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

                       Recordkeeping and Reporting



Sec. 60.2175  What records must I keep?

    You must maintain the fourteen items (as applicable) as specified in 
paragraphs (a) through (n) of this section for a period of at least 5 
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2115, you must maintain 
data collected for all operating parameters used to determine compliance 
with the operating limits.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec. 
60.2110(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime associated with 
zero and span and other routine calibration checks). Identify the 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec. 60.2115 
with a description of the deviations, reasons for such deviations, and a 
description of corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) All documentation produced as a result of the siting 
requirements of Sec. Sec. 60.2045 and 60.2050.
    (h) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2095(a) as required by 
Sec. 60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (i) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2070, met 
the criteria for

[[Page 884]]

qualification under Sec. 60.2080, and maintained or renewed their 
qualification under Sec. 60.2085 or Sec. 60.2090. Records must include 
documentation of training, the dates of the initial and refresher 
training, and the dates of their qualification and all subsequent 
renewals of such qualifications.
    (j) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (k) Records of calibration of any monitoring devices as required 
under Sec. 60.2165.
    (l) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (m) The information listed in Sec. 60.2095(a).
    (n) On a daily basis, keep a log of the quantity of waste burned and 
the types of waste burned (always required).

    Effective Date Note: At 76 FR 15459, Mar. 21, 2011, Sec. 60.2175 
was amended by rvising the introductory text; revising paragraphs (b)(5) 
and (e); removing and reserving paragraphs (c) and (d); adding 
paragraphs (o) through (w), effective May 20, 2011. At 76 FR 28661, May 
18, 2011 the amendment was delayed indefinitely. For the convenience of 
the user, the added and revised text is set forth as follows:



Sec. 60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (u) of this section for a period of 
at least 5 years:

                                * * * * *

    (b) * * *
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2110(d) through (f) or 
Sec. 60.2115, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits.

                                * * * * *

    (c) [Reserved]
    (d) [Reserved]
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec. 60.2110(d) 
through (f) or Sec. 60.2115 with a description of the deviations, 
reasons for such deviations, and a description of corrective actions 
taken.

                                * * * * *

    (o) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 1 of this subpart or tables 5 through 8 of 
this subpart, any required maintenance, and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency.
    (p) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average concentrations of particulate matter 
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions.
    (q) Records indicating use of the bypass stack, including dates, 
times, and durations.
    (r) If you choose to stack test less frequently than annually, 
consistent with Sec. 60.2155(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel composition 
and operation of air pollution control equipment that would cause 
emissions of the relevant pollutant to increase within the past year.
    (s) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (t) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (v) For operating units that burn materials other than traditional 
fuels as defined in Sec. 241.2, a description of each material burned, 
and a record which documents how each material that is not a traditional 
fuel meets each of the legitimacy criteria in Sec. 241.3(d). If

[[Page 885]]

you combust a material that has been processed from a discarded non-
hazardous secondary material pursuant to Sec. 241.3(b)(4), you must 
keep records as to how the operations that produced the material satisfy 
the definition of processing in Sec. 241.2. If the material received a 
non-waste determination pursuant to the petition process submitted under 
Sec. 241.3(c), you must keep a copy of the non-waste determination 
granted by EPA.
    (w) For operating units that burn tires,
    (1) A certification that the shipment of tires that are non-waste 
per 40 CFR 241.3(b)(2)(i), are part of an established tire collection 
program, consistent with the definition of that term in Sec. 241.2. The 
certification must document that the tires were not discarded and are 
handled as valuable commodities in accordance with Sec. 241.3(d), from 
the point of removal from the automobile through arrival at the 
combustion facility. The certification must identify the entity the 
tires were received from (for example, the name of the state or private 
collection program), the quantity, volume, or weight of tires received 
by you, and the dates received. The certification must be signed by the 
owner or operator of the combustion unit, or by a responsible official 
of the established tire collection program, and must include the 
following certification of compliance, ``The tires from this tire 
collection program meet the EPA definition of an established tire 
collection program in 40 CFR section 241.'' and state the title or 
position of the person signing the certification.
    (2) You must also keep a record that identifies where on your plant 
site the tires from each tire collection program are located, and that 
accounts for all tires at the plant site.



Sec. 60.2180  Where and in what format must I keep my records?

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



Sec. 60.2185  What reports must I submit?

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



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

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



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

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



Sec. 60.2200  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec. 60.2135, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec. 60.2110 or Sec. 60.2115.
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec. 60.2165(b).



Sec. 60.2205  When must I submit my annual report?

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

[[Page 886]]



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

    The annual report required under Sec. 60.2205 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec. 60.2215, 
60.2220, and 60.2225.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.2110 or Sec. 60.2115.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the operating limits was inoperative, inactive, 
malfunctioning or out of control.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported.
    (g) Information recorded under Sec. 60.2175(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec. 60.2155(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec. 60.2155(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified CISWI unit operators 
were unavailable for more than 8 hours, but less than 2 weeks.

    Effective Date Note: At 76 FR 15460, Mar. 21, 2011, Sec. 60.2210 
was amended by revising paragraph (e) and adding paragraphs (k) through 
(o), effective May 20, 2011. At 76 FR 28661, May 18, 2011 the amendment 
was delayed indefinitely. For the convenience of the user, the added and 
revised text is set forth as follows:



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

                                * * * * *

    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period.

                                * * * * *

    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation that 
occurs for a CISWI unit for which you are not using a continuous 
monitoring system to comply with the emission or operating limitations 
in this subpart, the annual report must contain the following 
information.
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the continuous emission monitoring system, was out of 
control as specified in paragraph (o) of this section, the annual report 
must contain the following information for each deviation from an 
emission or operating limitation occurring for a CISWI unit for which 
you are using a continuous monitoring system to comply with the emission 
and operating limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken.

[[Page 887]]

    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system 
certification or audit.
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the continuous emission monitoring system, was not out 
of control as specified in paragraph (o) of this section, a statement 
that there were not periods during which the continuous monitoring 
system was out of control during the reporting period.
    (o) A continuous monitoring system is out of control in accordance 
with the procedure in 40 CFR part 60, appendix F of this part, as if any 
of the following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.



Sec. 60.2215  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

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



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

    In each report required under Sec. 60.2215, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2220 
was amended by revising paragraph (c) and removing paragraphs (e) and 
(f), effective May 20, 2011. At 76 FR 28661, May 18, 2011 the amendment 
was delayed indefinitely. For the convenience of the user, the revised 
text is set forth as follows:



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

                                * * * * *

[[Page 888]]

    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits and 
your corrective actions.
    (2) Bypass events and your corrective actions.

                                * * * * *



Sec. 60.2225  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.2100(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.



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

    Yes. You must submit notifications as provided by Sec. 60.7.

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2230 
was revisded, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2235 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    (a) Submit initial, annual and deviation reports electronically or 
in paper format, postmarked on or before the submittal due dates.
    (b) As of January 1, 2012, and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2, conducted to 
demonstrate compliance with this subpart, you must submit relative 
accuracy test audit (i.e., reference method) data and performance test 
(i.e., compliance test) data, except opacity data, electronically to 
EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other 
compatible electronic spreadsheet.

[[Page 889]]

Only data collected using test methods compatible with ERT are subject 
to this requirement to be submitted electronically into EPA's WebFIRE 
database.



Sec. 60.2240  Can reporting dates be changed?

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

                        Title V Operating Permits



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

    Yes. Each CISWI unit must operate pursuant to a permit issued under 
section 129(e) and title V of the Clean Air Act by the later of the two 
dates in paragraphs (a) and (b) of this section.
    (a) Thirty-six months after December 1, 2000.
    (b) The effective date of the title V permit program to which your 
unit is subject. If your unit is subject to title V as a result of some 
triggering requirement(s) other than this subpart (for example, being a 
major source), then your unit may be required to apply for and obtain a 
title V permit prior to the deadlines noted above. If more than one 
requirement triggers the requirement to apply for a title V permit, the 
12-month timeframe for filing a title V application is triggered by the 
requirement which first causes the source to be subject to title V.

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2242 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
added and revised text is set forth as follows:



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

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

                        Air Curtain Incinerators



Sec. 60.2245  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion devices 
with enclosed fireboxes and controlled air technology such as mass burn, 
modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under ``Air Curtain Incinerators'' (Sec. Sec. 60.2245 
through 60.2260).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



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

    (a) Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup, you must meet the two limitations specified in 
paragraphs (a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times, and each malfunction must not exceed 3 hours.

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2250 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011 the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    Within 60 days after your air curtain incinerator reaches the charge 
rate at which it will operate, but no later than 180 days after its 
initial startup, you must meet the two limitations specified in 
paragraphs (a) and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity (as 
determined by the average of three 1-hour blocks consisting of

[[Page 890]]

ten 6-minute average opacity values), except as described in paragraph 
(b) of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity (as 
determined by the average of three 1-hour blocks consisting of ten 6-
minute average opacity values) during the startup period that is within 
the first 30 minutes of operation.



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

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



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

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section.
    (1) Notification of your intent to construct the air curtain 
incinerators.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (c) Make all records available for submittal to the Administrator or 
for an inspector's onsite review.
    (d) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports onsite for a 
period of 5 years.

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2260 
was amended by revising paragraph (d), effective May 20, 2011. At 76 FR 
28661, May 18, 2011 the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



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

                                * * * * *

    (d) You must submit the results (as determined by the average of 
three 1-hour blocks consisting of ten 6-minute average opacity values) 
of the initial opacity tests no later than 60 days following the initial 
test. Submit annual opacity test results within 12 months following the 
previous report.

                                * * * * *

                               Definitions



Sec. 60.2265  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air technology 
such as mass burn, modular, and fluidized bed combustors.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag

[[Page 891]]

leak detection system includes, but is not limited to, an instrument 
that operates on triboelectric, light scattering, light transmittance, 
or other principle to monitor relative particulate matter loadings.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion unit that combusts commercial or industrial waste 
(as defined in this subpart), that is a distinct operating unit of any 
commercial or industrial facility (including field erected, modular, and 
custom built incineration units operating with starved or excess air), 
and any air curtain incinerator that is a distinct operating unit of any 
commercial or industrial facility that does not comply with the opacity 
limits under this subpart applicable to air curtain incinerators burning 
commercial or industrial waste. While not all CISWI units will include 
all of the following components, a CISWI unit includes, but is not 
limited to, the commercial or industrial solid waste feed system, grate 
system, flue gas system, waste heat recovery equipment, if any, and 
bottom ash system. The CISWI unit does not include air pollution control 
equipment or the stack. The CISWI unit boundary starts at the commercial 
or industrial waste hopper (if applicable) and extends through two 
areas: The combustion unit flue gas system, which ends immediately after 
the last combustion chamber or after the waste heat recovery equipment, 
if any; and the combustion unit bottom ash system, which ends at the 
truck loading station or similar equipment that transfers the ash to 
final disposal. The CISWI unit includes all ash handling systems 
connected to the bottom ash handling system. A CISWI unit does not 
include any of the fifteen types of units described in Sec. 60.2555 of 
this subpart, nor does it include any combustion turbine or 
reciprocating internal combustion engine.
    Commercial or industrial waste means solid waste (as defined in this 
subpart) that is combusted at any commercial or industrial facility 
using controlled flame combustion in an enclosed, distinct operating 
unit: Whose design does not provide for energy recovery (as defined in 
this subpart); or operated without energy recovery (as defined in this 
subpart). Commercial or industrial waste also means solid waste (as 
defined in this subpart) combusted in an air curtain incinerator that is 
a distinct operating unit of any commercial or industrial facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup,

[[Page 892]]

shutdown, or malfunction, regardless or whether or not such failure is 
permitted by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than June 1, 2001 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from CISWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Rack reclamation unit means a unit that burns the coatings off racks 
used to hold small items for application of a coating. The unit burns 
the coating overspray off the rack so the rack can be reused.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 1, 2001.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial,

[[Page 893]]

commercial, mining, agricultural operations, and from community 
activities, but does not include solid or dissolved material in domestic 
sewage, or solid or dissolved materials in irrigation return flows or 
industrial discharges which are point sources subject to permits under 
section 402 of the Federal Water Pollution Control Act, as amended (33 
U.S.C. 1342), or source, special nuclear, or byproduct material as 
defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.

[65 FR 75350, Dec. 1, 2000, as amended at 70 FR 55580, Sept. 22, 2005]

    Effective Date Note: At 76 FR 15461, Mar. 21, 2011, Sec. 60.2265 
was amended by adding definitions for ``Affirmative defense'', ``Burn-
off oven'', ``Bypass stack'', ``Chemical recovery unit'', ``Continuous 
monitoring system'', ``Cyclonic burn barrel'', ``Energy recovery unit'', 
``Energy recovery unit designed to burn biomass (Biomass)'', ``Energy 
recovery unit designed to burn coal (Coal)'', ``Energy recovery unit 
designed to burn solid materials (Solids)'', ``Homogeneous wastes'' 
``Incinerator'', ``Kiln'', ``Laboratory analysis unit'', ``Minimum 
voltage or amperage'', ``Opacity'', ``Operating day'', ``Performance 
evaluation'', ``Performance test'', ``Process change'', ``Raw mill'', 
``Small remote incinerator'', ``Soil treatment unit'', ``Solid waste 
incineration unit,'' ``Space heater'' and ``Waste-burning kiln'', in 
alphabetical order; revising the definition for ``Commercial and 
industrial solid waste incineration (CISWI) unit'', ``dioxin/furans'', 
``Modification or modified CISWI unit'', and ``Wet scrubber''; removing 
paragraph (3) of the definition for ``Deviation''; removing the 
definition for ``Agricultural waste'', ``Commercial or industrial 
waste'', ``Contained gaseous material'', and ``Solid waste'', effective 
May 20, 2011. At 76 FR 28661, May 18, 2011 the amendment was delayed 
indefinitely. For the convenience of the user, the added and revised 
text is set forth as follows:



Sec. 60.2265  What definitions must I know?

                                * * * * *

    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.

                                * * * * *

    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.

                                * * * * *

    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The following seven types of units are 
considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that are 
reclaimed in a pulping liquor recovery process and reused in the pulping 
process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue 
containing catalyst metals which are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts.

[[Page 894]]

    (5) Units burning only coke to produce purified carbon monoxide that 
is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.

                                * * * * *

    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the operating 
unit burns materials other than traditional fuels as defined in Sec. 
241.2 that have been discarded, and you do not keep and produce records 
as required by Sec. 60.2175(v), the material is a solid waste and the 
operating unit is a CISWI unit. While not all CISWI units will include 
all of the following components, a CISWI unit includes, but is not 
limited to, the solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom ash system. The CISWI 
unit does not include air pollution control equipment or the stack. The 
CISWI unit boundary starts at the solid waste hopper (if applicable) and 
extends through two areas: The combustion unit flue gas system, which 
ends immediately after the last combustion chamber or after the waste 
heat recovery equipment, if any; and the combustion unit bottom ash 
system, which ends at the truck loading station or similar equipment 
that transfers the ash to final disposal. The CISWI unit includes all 
ash handling systems connected to the bottom ash handling system.

                                * * * * *

    Continuous monitoring system means the total equipment, required 
under the emission monitoring sections in applicable subparts, used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.

                                * * * * *

    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, openhead drum. The device consists of a 
lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.

                                * * * * *

    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator under RCRA in 40 CFR 240) 
for energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste and at least 10 percent 
biomass, but less than 10 percent coal, on a heat input basis on an 
annual average, either alone or in combination with liquid waste, liquid 
fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and gas 
(Liquid/gas) means an energy recovery unit that burns a liquid waste 
with liquid or gaseous fuels not combined with any solid fuel or waste 
materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy recovery 
units designed to burn biomass.

                                * * * * *

    Homogeneous wastes are stable, consistent in formulation, have known 
fuel properties, have a defined origin, have predictable chemical and 
physical attributes, and result in consistent combustion characteristics 
and have a consistent emissions profile.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator under RCRA in 
40 CFR part 240) for the purpose of reducing the volume of the waste by 
removing combustible matter. Incinerator designs include single chamber 
and two-chamber.

[[Page 895]]

    Kiln means an oven or furnace, including any associated preheater or 
precalciner devices, used for processing a substance by burning, firing 
or drying. Kilns include cement kilns that produce clinker by heating 
limestone and other materials for subsequent production of Portland 
Cement.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.

                                * * * * *

    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has been 
changed later than June 1, 2001, and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.

                                * * * * *

    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to a 
change in the air pollution control devices used to comply with the 
emission limits for the affected CISWI unit (e.g., change in the sorbent 
used for activated carbon injection).

                                * * * * *

    Raw mill means a ball and tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.

                                * * * * *

    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator under RCRA in 40 CFR 
part 240) and combusts 3 tons per day or less solid waste and is more 
than 25 miles driving distance to the nearest municipal solid waste 
landfill.
    Soil treatment unit means a unit that thermally treats petroleum 
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Solid waste incineration unit means a distinct operating unit of any 
facility which combusts any solid waste (as that term is defined by the 
Administrator under RCRA in 40 CFR part 240) material from commercial or 
industrial establishments or the general public (including single and 
multiple residences, hotels and motels). Such term does not include 
incinerators or other units required to have a permit under section 3005 
of the Solid Waste Disposal Act. The term ``solid waste incineration 
unit'' does not include: (A) Materials recovery facilities (including 
primary or secondary smelters) which combust waste for the primary 
purpose of recovering metals; (B) qualifying small power production 
facilities, as defined in section 3(17)(C) of the Federal Power Act (16 
U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as defined in 
section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which 
burn homogeneous waste (such as units which burn tires or used oil, but 
not including refuse-derived fuel) for the production of electric energy 
or in the case of qualifying cogeneration facilities which burn 
homogeneous

[[Page 896]]

waste for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, heating 
or cooling purposes; or (C) air curtain incinerators provided that such 
incinerators only burn wood wastes, yard wastes, and clean lumber and 
that such air curtain incinerators comply with opacity limitations to be 
established by the Administrator by rule.
    Space heater means a usually portable appliance for heating a 
relatively small area. These units are not subject to the incinerator, 
waste-burning kiln, or small, remote subcategories.

                                * * * * *

    Waste-burning kiln means a kiln that is heated, in whole or in part, 
by combusting solid waste (as that term is defined by the Administrator 
pursuant to Subtitle D of RCRA).
    Wet scrubber means an add-on air pollution control device that uses 
an aqueous or alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.

                                * * * * *



      Sec. Table 1 to Subpart CCCC of Part 60--Emission Limitations

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission  limitation a            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of this part).
Hydrogen chloride....................  62 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 26A of
                                                                 per run).                appendix A of this
                                                                                          part).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                          (Method 9 of appendix
                                                                                          A of this part).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 7, 7A, 7C, 7D,
                                                                 per run).                or 7E of appendix A of
                                                                                          this part).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of this
                                                                                          part.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


[66 FR 16606, Mar. 27, 2001]

    Effective Date Note: At 76 FR 15463, Mar. 21, 2011, Table 2 to 
subpart CCCC of part 60 was revised, effective May 20, 2011. At 76 FR 
28661, May 18, 2011 the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



      Sec. Table 1 to Subpart CCCC of Part 60--Emission Limitations

[[Page 897]]



  Table 1 to Subpart CCCC of Part 60--Emission Limitations for CISWI Units for Which Construction Is Commenced
     After November 30, 1999, But No Later Than June 4, 2010, or for Which Modification or Reconstruction Is
                    Commenced on or After June 1, 2001, But No Later Than September 21, 2011
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meter per run).          8).
Carbon Monoxide......................  157 parts per million    30 day rolling average.  Carbon Monoxide CEMS
                                        by dry volume.                                    (Performance
                                                                                          Specification 4A of
                                                                                          this part, use a span
                                                                                          value of 300 ppm.).
Dioxin/Furan (toxic equivalency        0.41 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters per run).
Hydrogen Chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          8).
Mercury..............................  0.47 milligrams per dry  3-run average (For       Performance test
                                        standard cubic meter.    Method 29 and ASTM       (Method 29 or 30B at
                                                                 D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\b\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 1      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\b\
                                                                 meter per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Nitrogen Oxides......................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 7 7E at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a span gas
                                                                                          with a concentration
                                                                                          of 800 ppm or less.
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute averages          part 60, appendix A-
                                                                 opacity values.          4).
Particulate matter...................  70 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter per run).          A-3 or A-8).
Sulfur Dioxide.......................  20 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 200    CFR part 60, appendix
                                                                 liters per run. For      A-4. Use a span gas
                                                                 Method 6C, collect       with a concentration
                                                                 sample for a minimum     of 50 ppm or less.
                                                                 duration of 1 hour per
                                                                 run).
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
b Incorporated by reference, see Sec. 60.17.



   Sec. Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet 
                                Scrubbers

----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating  parameters    these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Continuous........  Every hour........  Daily (batch
                                   rate.                                                       units) 3-hour
                                                                                               rolling
                                                                                               (continuous and
                                                                                               intermittent
                                                                                               units) \a\

[[Page 898]]

 
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling \a\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
Scrubber liquor flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling \a\
Scrubber liquor pH..............  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling \a\
----------------------------------------------------------------------------------------------------------------
\a\ Calculated each hour as the average of the previous 3 operating hours.



   Sec. Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin................          1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin..............          0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin.............          0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin.............          0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin.............          0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin..........          0.01
octachlorinated dibenzo-p-dioxin.........................          0.001
2,3,7,8-tetrachlorinated dibenzofuran....................          0.1
2,3,4,7,8-pentachlorinated dibenzofuran..................          0.5
1,2,3,7,8-pentachlorinated dibenzofuran..................          0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran.................          0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran.................          0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran.................          0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran.................          0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran..............          0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran..............          0.01
octachlorinated dibenzofuran.............................          0.001
------------------------------------------------------------------------



     Sec. Table 4 to Subpart CCCC of Part 60--Summary of Reporting 
                            Requirements \a\

----------------------------------------------------------------------------------------------------------------
              Report                       Due date                 Contents                  Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report...........  Prior to commencing             Sec. 60.2190
                                    construction.            Statement of intent to
                                                             construct.
                                                            
                                                             Anticipated date of
                                                             commencement of
                                                             construction.
                                                            
                                                             Documentation for
                                                             siting requirements.
                                                            
                                                             Waste management plan.
                                                            
                                                             Anticipated date of
                                                             initial startup.
Startup notification.............  Prior to initial          Type  Sec. 60.2195
                                    startup.                 of waste to be burned.
                                                            
                                                             Maximum design waste
                                                             burning capacity.
                                                            
                                                             Anticipated maximum
                                                             charge rate.
                                                             If
                                                             applicable, the
                                                             petition for site-
                                                             specific operating
                                                             limits.
Initial test report..............  No later than 60 days           Sec. 60.2200
                                    following the initial    Complete test report
                                    performance test         for the initial
                                                             performance test
                                                             The
                                                             values for the site-
                                                             specific operating
                                                             limits.
                                                            
                                                             Installation of bag
                                                             leak detection system
                                                             for fabric filter.

[[Page 899]]

 
Annual report....................  No later than 12 months   Name  Sec. Sec. 60.2205 and
                                    following the            and address.             60.2210
                                    submission of the       
                                    initial test report.     Statement and
                                    Subsequent reports are   signature by
                                    to be submitted no       responsible official.
                                    more than 12 months      Date
                                    following the previous   of report.
                                    report.                 
                                                             Values for the
                                                             operating limits.
                                                             If
                                                             no deviations or
                                                             malfunctions were
                                                             reported, a statement
                                                             that no deviations
                                                             occurred during the
                                                             reporting period.
                                                            
                                                             Highest recorded 3-
                                                             hour average and the
                                                             lowest 3-hour average,
                                                             as applicable, for
                                                             each operating
                                                             parameter recorded for
                                                             the calendar year
                                                             being reported.
                                                            
                                                             Information for
                                                             deviations or
                                                             malfunctions recorded
                                                             under Sec.
                                                             60.2175(b)(6) and (c)
                                                             through (e).
                                                             If a
                                                             performance test was
                                                             conducted during the
                                                             reporting period, the
                                                             results of the test.
                                                             If a
                                                             performance test was
                                                             not conducted during
                                                             the reporting period,
                                                             a statement that the
                                                             requirements of Sec.
                                                             60.2155(a) or (b) were
                                                             met.
                                                            
                                                             Documentation of
                                                             periods when all
                                                             qualified CISWI unit
                                                             operators were
                                                             unavailable for more
                                                             than 8 hours but less
                                                             than 2 weeks.
Emission limitation or operating   By August 1 of that             Sec. 60.2215 and 60.2220
 limit deviation report.            year for data            Dates and times of
                                    collected during the     deviation.
                                    first half of the       
                                    calendar year. By        Averaged and recorded
                                    February 1 of the        data for those dates.
                                    following year for      
                                    data collected during    Duration and causes of
                                    the second half of the   each deviation and the
                                    calendar year.           corrective actions
                                                             taken.
                                                             Copy
                                                             of operating limit
                                                             monitoring data and
                                                             any test reports.
                                                            
                                                             Dates, times, and
                                                             causes for monitor
                                                             downtime incidents.
                                                            
                                                             Whether each deviation
                                                             occurred during a
                                                             period of startup,
                                                             shutdown, or
                                                             malfunction.
Qualified operator deviation       Within 10 days of               Sec. 60.2225(a)(1)
 notification.                      deviation.               Statement of cause of
                                                             deviation.
                                                            
                                                             Description of efforts
                                                             to have an accessible
                                                             qualified operator.
                                                             The
                                                             date a qualified
                                                             operator will be
                                                             accessible.
Qualified operator deviation       Every 4 weeks following         Sec. 60.2225(a)(2)
 status report.                     deviation.               Description of efforts
                                                             to have an accessible
                                                             qualified operator
                                                             The
                                                             date a qualified
                                                             operator will be
                                                             accessible.
                                                            
                                                             Request for approval
                                                             to continue operation.
Qualified operator deviation       Prior to resuming               Sec. 60.2225(b)
 notification of resumed            operation.               Notification that you
 operation.                                                  are resuming operation
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


    Effective Date Note: At 76 76 FR 15464, Mar. 21, 2011, table 4 to 
subpart CCCC of part 60 was amended by revising the entry for ``Annual 
Report'' and ``Emission limitation or operating limit deviation report, 
effective May 20, 2011. At 76 FR 28661, May 18, 2011, the addition was 
delayed indefinitely. For the convenience of the user, the revised text 
is set forth as follows:



     Sec. Table 4 to Subpart CCCC of Part 60--Summary of Reporting 
                            Requirements \a\

[[Page 900]]



                     Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements a
----------------------------------------------------------------------------------------------------------------
              Report                       Due date                 Contents                  Reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Annual report....................  No later than 12 months   Name  Sec. Sec. 60.2205 and
                                    following the            and address.             60.2210.
                                    submission of the       
                                    initial test report.     Statement and
                                    Subsequent reports are   signature by
                                    to be submitted no       responsible official.
                                    more than 12 months      Date
                                    following the previous   of report.
                                    report.                 
                                                             Values for the
                                                             operating limits.
                                                            
                                                             Highest recorded 3-
                                                             hour average and the
                                                             lowest 3-hour average,
                                                             as applicable, for
                                                             each operating
                                                             parameter recorded for
                                                             the calendar year
                                                             being reported.
                                                             If a
                                                             performance test was
                                                             conducted during the
                                                             reporting period, the
                                                             results of the test.
                                                             If a
                                                             performance test was
                                                             not conducted during
                                                             the reporting period,
                                                             a statement that the
                                                             requirements of Sec.
                                                             60.2155(a) were met.
                                                            
                                                             Documentation of
                                                             periods when all
                                                             qualified CISWI unit
                                                             operators were
                                                             unavailable for more
                                                             than 8 hours but less
                                                             than 2 weeks.
                                                             If
                                                             you are conducting
                                                             performance tests once
                                                             every 3 years
                                                             consistent with Sec.
                                                             60.2155(a), the date
                                                             of the last 2
                                                             performance tests, a
                                                             comparison of the
                                                             emission level you
                                                             achieved in the last 2
                                                             performance tests to
                                                             the 75 percent
                                                             emission limit
                                                             threshold required in
                                                             Sec. 60.2155(a) and
                                                             a statement as to
                                                             whether there have
                                                             been any operational
                                                             changes since the last
                                                             performance test that
                                                             could increase
                                                             emissions.
 
                                                  * * * * * * *
Emission limitation or operating   By August 1 of that             Sec. 60.2215 and 60.2220.
 limit deviation report.            year for data            Dates and times of
                                    collected during the     deviation.
                                    first half of the       
                                    calendar year. By        Averaged and recorded
                                    February 1 of the        data for those dates.
                                    following year for      
                                    data collected during    Duration and causes of
                                    the second half of the   each deviation and the
                                    calendar year.           corrective actions
                                                             taken.
                                                             Copy
                                                             of operating limit
                                                             monitoring data and
                                                             any test reports.
                                                            
                                                             Dates, times and
                                                             causes for monitor
                                                             downtime incidents.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.



   Sec. Table 5 to Subpart CCCC of Part 60--Emission Limitations for 
  Incinerators That Commenced Construction After June 4, 2010, or That 
    Commenced Reconstruction or Modification After September 21, 2011

    Effective Date Note: At 76 FR 15466, Mar. 21, 2011, table 5 to 
subpart CCCC of part 60 was added, effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the addition was delayed indefinitely.

[[Page 901]]



Table 5 to Subpart CCCC of Part 60--Emission Limitations for Incinerators That Commenced Construction After June
               4, 2010, or That Commenced Reconstruction or Modification After September 21, 2011
----------------------------------------------------------------------------------------------------------------
                                      You must meet this
      For the air  pollutant         emission  limitation     Using this averaging    And determining compliance
                                             \a\                      time                using this method
----------------------------------------------------------------------------------------------------------------
Cadmium..........................  0.0023 milligrams per    3-run average (collect   Performance test (Method 29
                                    dry standard cubic       a minimum volume of 4    at 40 CFR part 60,
                                    meter.                   dry standard cubic       appendix A-8 of this
                                                             meter per run).          part).
                                                                                     Use ICPMS for the
                                                                                      analytical finish.
Carbon Monoxide..................  12 parts per million by  30 day rolling average.  Carbon Monoxide CEMS
                                    dry volume.                                       (Performance Specification
                                                                                      4A of this part, using an
                                                                                      RA of 0.5 ppm instead of 5
                                                                                      ppm as specified in
                                                                                      section 13.2. For the
                                                                                      cylinder gas audit,  15% or
                                                                                      0.5 ppm, whichever is
                                                                                      greater.) Use a span gas
                                                                                      with a concentration of 20
                                                                                      ppm or less.
Dioxin/furan (Total Mass Basis)..  0.052 nanograms per dry  3-run average (collect   Performance test (Method 23
                                    standard cubic meter.    a minimum volume of 4    at 40 CFR part 60,
                                                             dry standard cubic       appendix A-7).
                                                             meter per run).
Dioxin/furan (toxic equivalency    0.13 nanograms per dry   3-run average (collect   Performance test (Method 23
 basis).                            standard cubic meter.    a minimum volume of 4    at 40 CFR part 60,
                                                             dry standard cubic       appendix A-7).
                                                             meter per run).
Fugitive ash.....................  Visible emissions for    Three 1-hour             Visible emission test
                                    no more than 5 percent   observation periods.     (Method 22 at 40 CFR part
                                    of the hourly                                     60, appendix A-7).
                                    observation period.
Hydrogen Chloride................  0.091 part per million   3-run average (For       Performance test (Method 26
                                    by dry volume.           Method 26, collect a     or 26A at 40 CFR part 60,
                                                             minimum volume of 200    appendix A-8).
                                                             liters per run. For
                                                             Method 26A, collect a
                                                             minimum volume of 3
                                                             dry standard cubic
                                                             meter per run).
Lead.............................  0.0019 milligrams per    3-run average (collect   Performance test (Method 29
                                    dry standard cubic       a minimum volume of 4    of appendix A-8 at 40 CFR
                                    meter.                   dry standard cubic       part 60). Use ICPMS for
                                                             meter per run).          the analytical finish.
Mercury..........................  0.00016 milligrams per   3-run average (collect   Performance test (Method 29
                                    dry standard cubic       enough volume to meet    or 30B at 40 CFR part 60,
                                    meter.                   a detection limit data   appendix A-8) or ASTM
                                                             quality objective of     D6784-02 (Reapproved 2008)
                                                             0.03 [micro]g/dry        \b\.
                                                             standard cubic meter).
Nitrogen Oxides..................  23 parts per million     3-run average (1 hour    Performance test (Method 7E
                                    dry volume.              minimum sample time      at 40 CFR part 60,
                                                             per run).                appendix A-4). Use a span
                                                                                      gas with a concentration
                                                                                      of 50 ppm or less.
Particulate matter...............  18 milligrams per dry    3-run average (collect   Performance test (Method 5
(filterable).....................   standard cubic meter.    a minimum volume of 2    or 29 at 40 CFR part 60,
                                                             dry standard cubic       appendix A-3 or appendix A-
                                                             meters per run).         8 at 40 CFR part 60).
Sulfur dioxide...................  11 parts per million     3-run average (1 hour    Performance test (Method 6
                                    dry volume.              minimum sample time      or 6C at 40 CFR part 60,
                                                             per run).                appendix A-4. Use a span
                                                                                      gas with a concentration
                                                                                      of 20 ppm or less.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec. 60.17.


[[Page 902]]



Sec. Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy 
 Recovery Units That Commenced Construction After June 4, 2010, or That 
    Commenced Reconstruction or Modification After September 21, 2011

    Effective Date Note: At 76 FR 15466, Mar. 21, 2011, table 6 to 
subpart CCCC of part 60 was added, effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the addition was delayed indefinitely.

 Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy Recovery Units That Commenced Construction
          After June 4, 2010, or That Commenced Reconstruction or Modification After September 21, 2011
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \a\                       Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    0.00051 milligrams  3-run average       Performance test
                                   per dry standard    per dry standard    (collect a          (Method 29 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           4 dry standard      appendix A-8).
                                                                           cubic meters per    Use ICPMS for the
                                                                           run).               analytical
                                                                                               finish.
Carbon monoxide.................  36 parts per        Biomass--160 parts  30 day rolling      Carbon Monoxide
                                   million dry         per million dry     average.            CEMS (Performance
                                   volume.             volume.                                 Specification 4A
                                  Coal--46 parts per                                           of this part,
                                   million dry                                                 using a RA of 0.5
                                   volume.                                                     ppm instead of 5
                                                                                               ppm as specified
                                                                                               in section 13.2.
                                                                                               For the cylinder
                                                                                               gas audit, 1
                                                                                               5% or 0.5 ppm,
                                                                                               whichever is
                                                                                               greater. Use a
                                                                                               span gas with a
                                                                                               concentration of
                                                                                               100 ppm or less
                                                                                               for a liquid/gas
                                                                                               or coal-fed
                                                                                               boiler. Use a
                                                                                               span gas with a
                                                                                               concentration of
                                                                                               300 ppm or less
                                                                                               for a biomass-fed
                                                                                               boiler.
Dioxins/furans (Total Mass        No Total Mass       0.068 nanograms     3-run average       Performance test
 Basis).                           Basis limit, must   per dry standard    (collect a          (Method 23 at 40
                                   meet the toxic      cubic meter.        minimum volume of   CFR part 60,
                                   equivalency basis                       4 dry standard      appendix A-7).
                                   limit below.                            cubic meters).
Dioxins/furans (toxic             0.002 nanograms     0.011 nanograms     3-run average       Performance test
 equivalency basis).               per dry standard    per dry standard    (collect a          (Method 23 of
                                   cubic meter.        cubic meter.        minimum volume of   appendix A-7 of
                                                                           4 dry standard      this part).
                                                                           cubic meters per
                                                                           run).
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
Hydrogen chloride...............  14 parts per        0.45 parts per      3-run average (For  Performance test
                                   million dry         million dry         Method 26,          (Method 26 or 26A
                                   volume.             volume.             collect a minimum   at 40 CFR part
                                                                           volume of 200       60, appendix A-
                                                                           liters per run.     8).
                                                                           For Method 26A,
                                                                           collect a minimum
                                                                           volume of 3 dry
                                                                           standard cubic
                                                                           meters per run).
Lead............................  0.096 milligrams    0.00313 milligrams  3-run average       Performance test
                                   per dry standard    per dry standard    (collect a          (Method 29 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           4 dry standard      appendix A-8).
                                                                           cubic meters per    Use ICPMS for the
                                                                           run).               analytical
                                                                                               finish.

[[Page 903]]

 
Mercury.........................  0.00025 milligrams  0.00033 milligrams  3-run average       Performance test
                                   per dry standard    per dry standard    (collect enough     (Method 29 or 30B
                                   cubic meter.        cubic meter.        volume to meet an   at 40 CFR part
                                                                           in-stack            60, appendix A-8)
                                                                           detection limit     or ASTM D6784-02
                                                                           data quality        (Reapproved
                                                                           objective of 0.03   2008).\b\.
                                                                           ug/dscm).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 7E at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--340 parts      run).               appendix A-4).
                                                       per million dry                         Use a span gas
                                                       volume.                                 with a
                                                                                               concentration of
                                                                                               150 ppm or less
                                                                                               for liquid/gas
                                                                                               fuel boilers. Use
                                                                                               a span gas with a
                                                                                               concentration of
                                                                                               700 ppm or less
                                                                                               for solid fuel
                                                                                               boilers.
Particulate matter (filterable).  110 milligrams per  250 milligrams per  3-run average       Performance test
                                   dry standard        dry standard        (collect a          (Method 5 or 29
                                   cubic meter.        cubic meter.        minimum volume of   at 40 CFR part
                                                                           1 dry standard      60, appendix A-3
                                                                           cubic meter per     or appendix A-8)
                                                                           run).               if the unit has a
                                                                                               design capacity
                                                                                               less than 250
                                                                                               MMBtu/hr; or PM
                                                                                               CEMS (performance
                                                                                               specification 11
                                                                                               of appendix B of
                                                                                               this part) if the
                                                                                               unit has a design
                                                                                               capacity equal to
                                                                                               or greater than
                                                                                               250 MMBtu/hr. Use
                                                                                               Method 5 or 5I of
                                                                                               Appendix A of
                                                                                               this part and
                                                                                               collect a minimum
                                                                                               sample volume of
                                                                                               1 dscm per test
                                                                                               run for the PM
                                                                                               CEMS correlation
                                                                                               testing.
Sulfur dioxide..................  720 parts per       Biomass--6.2 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6C
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--650 parts      run).               60, appendix A-4.
                                                       per million dry                         Use a span gas
                                                       volume.                                 with a
                                                                                               concentration of
                                                                                               20 ppm or less
                                                                                               for a biomass-fed
                                                                                               boiler. Use a
                                                                                               span gas with a
                                                                                               concentration of
                                                                                               1500 ppm or less
                                                                                               for a liquid/gas
                                                                                               boiler or coal-
                                                                                               fed boiler.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec. 60.17.


[[Page 904]]



Sec. Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-
    Burning Kilns That Commenced Construction After June 4, 2010, or 
         Reconstruction or Modification After September 21, 2011

    Effective Date Note: At 76 FR 15467, Mar. 21, 2011, table 7 to 
subpart CCCC of part 60 was added, effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the addition was delayed indefinitely.

  Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-Burning Kilns That Commenced Construction
                 After June 4, 2010, or Reconstruction or Modification After September 21, 2011
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this     Using this  averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00048 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  90 parts per million     30-day rolling average.  Carbon monoxide CEMS
                                        dry volume.                                       (Performance
                                                                                          Specification 4A of
                                                                                          this part, using an RA
                                                                                          of 1 ppm instead of 5
                                                                                          ppm as specified in
                                                                                          section 13.2. For the
                                                                                          cylinder gas audit,
                                                                                          
                                                                                          15% or 0.5 ppm,
                                                                                          whichever is greater).
                                                                                          Use a span gas with a
                                                                                          concentration of 200
                                                                                          ppm or less.
Dioxins/furans (total mass basis)....  0.090 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.0030 nanograms per     3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 4    (Method 23 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 321 at 40 CFR
                                                                 per run) or 30-day       part 63, appendix A)
                                                                 rolling average if HCl   or HCl CEMS if a wet
                                                                 CEMS are used.           scrubber is not used.
Lead.................................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0062 milligrams per    30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                          specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B of this
                                                                                          part.)
Oxides of nitrogen...................  200 \b\ parts per        30-day rolling average.  NOX Continuous
                                        million dry volume.                               Emissions Monitoring
                                                                                          System (performance
                                                                                          specification 2 of
                                                                                          appendix B of this
                                                                                          part). Use a span gas
                                                                                          with a concentration
                                                                                          of 400 ppm or less.
Particulate matter (filterable)......  2.5 milligrams per dry   30-day rolling average.  PM Continuous Emissions
                                        standard cubic meter.                             Monitoring System
                                                                                          (performance
                                                                                          specification 11 of
                                                                                          appendix B of this
                                                                                          part).
Sulfur dioxide.......................  38 parts per million     30-day rolling average.  Sulfur dioxide
                                        dry volume.                                       Continuous Emissions
                                                                                          Monitoring System
                                                                                          (performance
                                                                                          specification 2 of
                                                                                          appendix B of this
                                                                                          part). Use a span gas
                                                                                          with a concentration
                                                                                          of 100 ppm or less.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\b\ NOX limits for new waste-burning kilns based on data for best-performing similar source, Portland Cement
  kilns. See ``CISWI Emission Limit Calculations for Existing and New Sources'' for details.


[[Page 905]]



Sec. Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, 
 Remote Incinerators That Commenced Construction After June 4, 2010, or 
 That Commenced Reconstruction or Modification After September 21, 2011

    Effective Date Note: At 76 FR 15468, Mar. 21, 2011, table 8 to 
subpart CCCC of part 60 was added, effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the addition was delayed indefinitely.

     Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, Remote Incinerators That Commenced
   Construction After June 4, 2010, or That Commenced Reconstruction or Modification After September 21, 2011
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this     Using this  averaging    compliance  using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.61 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          8).
Carbon monoxide......................  12 parts per million     24 hour block average..  Carbon monoxide CEMS
                                        dry volume.                                       (Performance
                                                                                          Specification 4A of
                                                                                          this part, using a RA
                                                                                          of 0.5 ppm instead of
                                                                                          5 ppm as specified in
                                                                                          section 13.2. For the
                                                                                          cylinder gas audit,
                                                                                          
                                                                                          15% or 0.5 ppm,
                                                                                          whichever is
                                                                                          greater.). Use a span
                                                                                          gas with a
                                                                                          concentration of 25
                                                                                          ppm or less.
Dioxins/furans (total mass basis)....  1,200 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          7).
Dioxins/furans (toxic equivalency      31 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  200 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.26 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic).     part 60,appendix A-8).
                                                                                          Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0035 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \b\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008)b.
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum volume as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  78 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E at 40 CFR
                                                                 per run).                part 60,appendix A-4).
                                                                                          Use a span gas with a
                                                                                          concentration of 150
                                                                                          ppm or less.

[[Page 906]]

 
Particulate matter (filterable)......  230 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  1.2 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4. Use a span gas
                                                                                          with a concentration
                                                                                          of 5 ppm or less.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\b\ Incorporated by reference, see Sec. 60.17.



 Subpart DDDD_Emissions Guidelines and Compliance Times for Commercial 
      and Industrial Solid Waste Incineration Units that Commenced 
               Construction On or Before November 30, 1999

    Source: 65 FR 75362, Dec. 1, 2000, unless otherwise noted.

    Effective Date Note: At 76 FR 15469, Mar. 21, 2011, the heading for 
subpart DDDD was revised to read ``Emissions Guidelines and Compliance 
Times for Commercial and Industrial Solid Waste Incineration Units'', 
effective May 20, 2011. At 76 FR 28661, May 18, 2011, the amendment was 
delayed indefinitely.

                              Introduction



Sec. 60.2500  What is the purpose of this subpart?

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

    Effective Date Note: At 76 76 FR 15469, Mar. 21, 2011, Sec. 60.2500 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2500  What is the purpose of this subpart?

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



Sec. 60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing CISWI 
units that commenced construction on or before November 30, 1999, you 
must submit a State plan to U.S. Environmental Protection Agency (EPA) 
that implements the emission guidelines contained in this subpart.
    (b) You must submit the State plan to EPA by December 3, 2001.

    Effective Date Note: At 76 76 FR 15469, Mar. 21, 2011, Sec. 60.2505 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing CISWI 
units that meets the criteria in paragraphs (b) through (d) of this 
section, you must submit a state plan to EPA that implements the 
emission guidelines contained in this subpart.

[[Page 907]]

    (b) You must submit a state plan to EPA by December 3, 2001 for 
incinerator units that commenced construction on or before November 30, 
1999 and that were not modified or reconstructed after June 1, 2001.
    (c) You must submit a state plan that meets the requirements of this 
subpart and contains the more stringent emission limit for the 
respective pollutant in table 6 of this subpart or table 1 of subpart 
CCCC of this part to EPA by March 21, 2012 for incinerators that 
commenced construction after November 30, 1999, but no later than June 
4, 2010, or commenced modification or reconstruction after June 1, 2001 
but no later than September 21, 2011.
    (d) You must submit a state plan to EPA that meets the requirements 
of this subpart and contains the emission limits in tables 7 through 9 
of this subpart by March 21, 2012 for CISWI units other than incinerator 
units that commenced construction on or before June 4, 2010.



Sec. 60.2510  Is a State plan required for all States?

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



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

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



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

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



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

    If you do not submit an approvable State plan (or a negative 
declaration letter) by December 2, 2002, EPA will develop a Federal plan 
according to Sec. 60.27 to implement the emission guidelines contained 
in this subpart. Owners and operators of CISWI units not covered by an 
approved State plan must comply with the Federal plan. The Federal plan 
is an interim action and will be automatically withdrawn when your State 
plan is approved.

    Effective Date Note: At 76 76 FR 15470, Mar. 21, 2011, Sec. 60.2525 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    (a) If you do not submit an approvable state plan (or a negative 
declaration letter) by December 2, 2002, EPA will develop a federal plan 
according to Sec. 60.27 to implement

[[Page 908]]

the emission guidelines contained in this subpart. Owners and operators 
of CISWI units not covered by an approved state plan must comply with 
the federal plan. The federal plan is an interim action and will be 
automatically withdrawn when your state plan is approved.
    (b) If you do not submit an approvable state plan (or a negative 
declaration letter) to EPA that meets the requirements of this subpart 
and contains the emission limits in tables 6 through 9 of this subpart 
for CISWI units that commenced construction after November 30, 1999, but 
on or before by June 4, 2010, then EPA will develop a federal plan 
according to Sec. 60.27 to implement the emission guidelines contained 
in this subpart. Owners and operators of CISWI units not covered by an 
approved state plan must comply with the federal plan. The federal plan 
is an interim action and will be automatically withdrawn when your state 
plan is approved.



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

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



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

    (a) Your State plan must include compliance schedules that require 
CISWI units to achieve final compliance as expeditiously as practicable 
after approval of the State plan but not later than the earlier of the 
two dates specified in paragraphs (a)(1) and (2) of this section.
    (1) December 1, 2005.
    (2) Three years after the effective date of State plan approval.
    (b) For compliance schedules more than 1 year following the 
effective date of State plan approval, State plans must include dates 
for enforceable increments of progress as specified in Sec. 60.2580.

    Effective Date Note: At 76 FR 15470, Mar. 21, 2011, Sec. 60.2535 
was amended by revising paragraph (a) introductory text; redesignating 
paragraph (b) as paragraph (c); adding paragraph (b), effective May 20, 
2011. At 76 FR 28661, May 18, 2011, the amendment was delayed 
indefinitely. For the convenience of the user, the added and revised 
text is set forth as follows:



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

    (a) For CISWI units in the incinerator subcategory that commenced 
construction on or before November 30, 1999, your state plan must 
include compliance schedules that require CISWI units to achieve final 
compliance as expeditiously as practicable after approval of the state 
plan but not later than the earlier of the two dates specified in 
paragraphs (a)(1) and (2) of this section.

                                * * * * *

    (b) For CISWI units in the incinerator subcategory that commenced 
construction after November 30, 1999, but on or before June 4, 2010, and 
for CISWI units in the energy recovery units, waste-burning kilns, and 
small remote incinerators subcategories that commenced construction 
before June 4, 2010, your state plan must include compliance schedules 
that require CISWI units to achieve final compliance as expeditiously as 
practicable after approval of the state plan but not later than the 
earlier of the two dates specified in paragraphs (b)(1) and (b)(2) of 
this section.
    (1) March 21, 2016.
    (2) 3 years after the effective date of state plan approval.

                                * * * * *



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

    Yes. Subpart B establishes general requirements for developing and 
processing section 111(d) plans. This subpart applies instead of the 
requirements in subpart B of this part for paragraphs (a) and (b) of 
this section:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all CISWI units to comply by December 1, 2005 or 3 
years after the effective date of State plan approval, whichever is 
sooner. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in Sec. 
60.24(f).

[[Page 909]]

    (b) State plans developed to implement this subpart are required to 
include two increments of progress for the affected CISWI units. These 
two minimum increments are the final control plan submittal date and 
final compliance date in Sec. 60.21(h)(1) and (5). This applies instead 
of the requirement of Sec. 60.24(e)(1) that would require a State plan 
to include all five increments of progress for all CISWI units.

    Effective Date Note: At 76 FR 15470, Mar. 21, 2011, Sec. 60.2540 
was amended by by revising paragraph (a), effective May 20, 2011. At 76 
FR 28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the added and revised text is set forth as 
follows:



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

                                * * * * *

    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all CISWI units to comply by the dates specified in 
Sec. 60.2535. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in Sec. 
60.24(f).

                                * * * * *



Sec. 60.2541  In lieu of a state plan submittal, are there other
acceptable option(s) for a state to meet its Clean Air Act section

111(d)/129(b)(2) 
          obligations?

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

    Effective Date Note: At 76 FR 15470, Mar. 21, 2011, Sec. 60.2541 
was added, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely.



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

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

    Effective Date Note: At 76 FR 15470, Mar. 21, 2011, Sec. 60.2541 
was added, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely.



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

    (a) No. This subpart does not directly affect CISWI unit owners and 
operators in your State. However, CISWI unit owners and operators must 
comply with the State plan you develop to implement the emission 
guidelines contained in this subpart. States may choose to incorporate 
the model rule text directly in their State plan.

[[Page 910]]

    (b) If you do not submit an approvable plan to implement and enforce 
the guidelines contained in this subpart by December 2, 2002, the EPA 
will implement and enforce a Federal plan, as provided in Sec. 60.2525, 
to ensure that each unit within your State reaches compliance with all 
the provisions of this subpart by December 1, 2005.

    Effective Date Note: At 76 FR 15470, Mar. 21, 2011, Sec. 60.2545 
was amended by revising paragraph (b) and adding paragraph (c), 
effective May 20, 2011. At 76 FR 28661, May 18, 2011, the amendment was 
delayed indefinitely. For the convenience of the user, the added and 
revised text is set forth as follows:



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

                                * * * * *

    (b) If you do not submit an approvable plan to implement and enforce 
the guidelines contained in this subpart for CISWI units that commenced 
construction before November 30, 1999 by December 2, 2002, EPA will 
implement and enforce a federal plan, as provided in Sec. 60.2525, to 
ensure that each unit within your state reaches compliance with all the 
provisions of this subpart by December 1, 2005.
    (c) If you do not submit an approvable plan to implement and enforce 
the guidelines contained in this subpart by March 21, 2012 for CISWI 
units that commenced construction after November 29, 1999, but on or 
before June 4, 2010, EPA will implement and enforce a federal plan, as 
provided in Sec. 60.2525, to ensure that each unit within your state 
that commenced construction after November 29, 1999, but on or before 
June 4, 2010, reaches compliance with all the provisions of this subpart 
by March 21, 2016.

                      Applicability of State Plans



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

    (a) Your State plan must address incineration units that meet all 
three criteria described in paragraphs (a)(1) through (3) of this 
section.
    (1) Incineration units in your State that commenced construction on 
or before November 30, 1999.
    (2) Incineration units that meet the definition of a CISWI unit as 
defined in Sec. 60.2875.
    (3) Incineration units not exempt under Sec. 60.2555.
    (b) If the owner or operator of a CISWI unit makes changes that meet 
the definition of modification or reconstruction on or after June 1, 
2001, the CISWI unit becomes subject to subpart CCCC of this part and 
the State plan no longer applies to that unit.
    (c) If the owner or operator of a CISWI unit makes physical or 
operational changes to an existing CISWI unit primarily to comply with 
your State plan, subpart CCCC of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart CCCC of this part.

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2550 
was amended by revising paragraph (a)(1), effective May 20, 2011. At 76 
FR 28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



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

    (a) * * *
    (1) Incineration units in your state that commenced construction on 
or before June 4, 2010.

                                * * * * *



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

    This subpart exempts fifteen types of units described in paragraphs 
(a) through (o) of this section.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste as defined in Sec. 60.2875 are not subject to this subpart if you 
meet the two requirements specified in paragraphs (a)(1) and (2) of this 
section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste burned, and the weight of all other fuels and wastes burned in the 
unit.
    (b) Agricultural waste incineration units. Incineration units 
burning 90

[[Page 911]]

percent or more by weight (on a calendar quarter basis and excluding the 
weight of auxiliary fuel and combustion air) of agricultural wastes as 
defined in Sec. 60.2875 are not subject to this subpart if you meet the 
two requirements specified in paragraphs (b)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.
    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraphs (c)(1) or (2) of this 
section.
    (1) Are regulated under subpart Ea of this part (Standards of 
Performance for Municipal Waste Combustors); subpart Eb of this part 
(Standards of Performance for Municipal Waste Combustors for Which 
Construction is Commenced After September 20, 1994); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors that are Constructed on or Before September 20, 1994); 
subpart AAAA of this part (Standards of Performance for New Stationary 
Sources: Small Municipal Waste Combustion Units); or subpart BBBB of 
this part (Emission Guidelines for Existing Stationary Sources: Small 
Municipal Waste Combustion Units).
    (2) Burn greater than 30 percent municipal solid waste or refuse-
derived fuel, as defined in subpart Ea, subpart Eb, subpart AAAA, and 
subpart BBBB, and that have the capacity to burn less than 35 tons (32 
megagrams) per day of municipal solid waste or refuse-derived fuel, if 
you meet the two requirements in paragraphs (c)(2)(i) and (ii) of this 
section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ca of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (3) of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units that meet either of the 
two criteria specified in paragraph (g)(1) or (2) of this section.
    (1) Units for which you are required to get a permit under section 
3005 of the Solid Waste Disposal Act.
    (2) Units regulated under subpart EEE of 40 CFR part 63 (National 
Emission Standards for Hazardous Air Pollutants from Hazardous Waste 
Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under ``Air Curtain 
Incinerators'' (Sec. Sec. 60.2810 through 60.2870).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.

[[Page 912]]

    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j) Cyclonic barrel burners. (See Sec. 60.2875)
    (k) Rack, part, and drum reclamation units. (See Sec. 60.2875)
    (l) Cement kilns. Kilns regulated under subpart LLL of part 63 of 
this chapter (National Emission Standards for Hazardous Air Pollutants 
from the Portland Cement Manufacturing Industry).
    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The seven types of units described in 
paragraphs (n)(1) through (7) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that are 
reclaimed in a pulping liquor recovery process and reused in the pulping 
process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide that 
is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
    (o) Laboratory analysis units. Units that burn samples of materials 
for the purpose of chemical or physical analysis.

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2555 
was amended by revising the introductory text; removing and reserving 
paragraph (b); revising paragraphs (c), (e)(3), (f)(3), and (g); 
removing and reserving paragraphs (j), (k) and (l); revising paragraphs 
(m) and (n); removing paragraph (o), effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



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

    This subpart exempts the types of units described in paragraphs (a), 
(c) through (i), (m), and (n) of this section, but some units are 
required to provide notifications. Air curtain incinerators are exempt 
from the requirements in this subpart except for the provisions in 
Sec. Sec. 60.2805, 60.2860, and 60.2870.

                                * * * * *

    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
regulated under subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); AAAA of this part (Standards of Performance for Small 
Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Small Municipal Waste Combustion Units).

                                * * * * *

    (e) * * *
    (3) You submit a request to the Administrator for a determination 
that the qualifying cogeneration facility is combusting homogenous waste 
as that term is defined in Sec. 60.2875. The request must include 
information sufficient to document that the unit meets the criteria of 
the definition of a small power production facility and that the waste 
material the unit is proposed to burn is homogeneous.

                                * * * * *

    (f) * * *
    (3) You submit a request to the Administrator for a determination 
that the qualifying cogeneration facility is combusting homogenous waste 
as that term is defined Sec. 60.2875. The request must include 
information sufficient to document that the unit meets the criteria of 
the definition of a cogeneration facility and that the waste material 
the unit is proposed to burn is homogeneous.
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit

[[Page 913]]

under section 3005 of the Solid Waste Disposal Act.

                                * * * * *

    (j) [Reserved]
    (k) [Reserved]
    (l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for Sewage Sludge Incineration 
Units) or subpart MMMM of this part (Emission Guidelines for Sewage 
Sludge Incineration Units). Sewage sludge incineration unit designs may 
include fluidized bed and multiple hearth.



Sec. 60.2558  What if a chemical recovery unit is not listed in
Sec. 60.2555(n)?

    (a) If a chemical recovery unit is not listed in Sec. 60.2555(n), 
the owner or operator of the unit can petition the Administrator to add 
the unit to the list. The petition must contain the six items in 
paragraphs (a)(1) through (6) of this section.
    (1) A description of the source of the materials being burned.
    (2) A description of the composition of the materials being burned, 
highlighting the chemical constituents in these materials that are 
recovered.
    (3) A description (including a process flow diagram) of the process 
in which the materials are burned, highlighting the type, design, and 
operation of the equipment used in this process.
    (4) A description (including a process flow diagram) of the chemical 
constituent recovery process, highlighting the type, design, and 
operation of the equipment used in this process.
    (5) A description of the commercial markets for the recovered 
chemical constituents and their use.
    (6) The composition of the recovered chemical constituents and the 
composition of these chemical constituents as they are bought and sold 
in commercial markets.
    (b) Until the Administrator approves the petition, the incineration 
unit is covered by this subpart.
    (c) If a petition is approved, the Administrator will amend Sec. 
60.2555(n) to add the unit to the list of chemical recovery units.

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2558 
was removed, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely.

                            Use of Model Rule



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

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



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

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



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

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

[[Page 914]]

                   Model Rule--Increments of Progress



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

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



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

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



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

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



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

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



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

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



Sec. 60.2600  How do I comply with the increment of progress for
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the five items 
described in paragraphs (a)(1) through (5) of this section.
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission 
limitations and other requirements of this subpart.
    (2) The type(s) of waste to be burned.
    (3) The maximum design waste burning capacity.
    (4) The anticipated maximum charge rate.
    (5) If applicable, the petition for site-specific operating limits 
under Sec. 60.2680.
    (b) Maintain an onsite copy of the final control plan.



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

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



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

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



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

    If you plan to close your CISWI unit rather than comply with the 
State

[[Page 915]]

plan, submit a closure notification, including the date of closure, to 
the Administrator by the date your final control plan is due.

                    Model Rule--Waste Management Plan



Sec. 60.2620  What is a waste management plan?

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



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

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



Sec. 60.2630  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures, and the source must implement those measures considered 
practical and feasible, based on the effectiveness of waste management 
measures already in place, the costs of additional measures, the 
emissions reductions expected to be achieved, and any other 
environmental or energy impacts they might have.

             Model Rule--Operator Training and Qualification



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

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified CISWI 
unit operator may operate the CISWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified CISWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec. 60.2665.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to correct malfunctions or conditions that may lead to 
malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2635 
was amended by revising paragraph (c)(1), effective May 20, 2011. At 76 
FR 28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:

[[Page 916]]



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

                                * * * * *

    (c) * * *
    (1) * * *
    (vii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions.

                                * * * * *



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

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



Sec. 60.2645  How do I obtain my operator qualification?

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



Sec. 60.2650  How do I maintain my operator qualification?

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

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2650 
was amended by revising paragraph (d), effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 60.2650  How do I maintain my operator qualification?

                                * * * * *

    (d) Prevention and correction of malfunctions or conditions that may 
lead to malfunction.

                                * * * * *



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

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.2650.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2645(a).



Sec. 60.2660  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec. 60.2620 
through 60.2630.

[[Page 917]]

    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted by the later of the three dates specified 
in paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date (Increment 2).
    (ii) Six months after CISWI unit startup.
    (iii) Six months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted no later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2660(a) as required by 
Sec. 60.2660(b), including the date of the initial review and all 
subsequent annual reviews.
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2635, met 
the criteria for qualification under Sec. 60.2645, and maintained or 
renewed their qualification under Sec. 60.2650 or Sec. 60.2655. 
Records must include documentation of training, the dates of the initial 
refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec. 60.2665  What if all the qualified operators are temporarily 
not accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the two criteria specified in paragraphs (a) and (b) of 
this section, depending on the length of time that a qualified operator 
is not accessible.
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec. 60.2660(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec. 60.2770.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the CISWI unit. You must submit the first status report 4 
weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section. If the Administrator notifies you that 
your request to continue operation of the CISWI unit is disapproved, the 
CISWI unit may continue operation for 90 days, then must cease 
operation. Operation of the unit may resume if you meet the two 
requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec. 
60.2635(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

[[Page 918]]

          Model Rule--Emission Limitations and Operating Limits



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

    You must meet the emission limitations specified in table 2 of this 
subpart on the date the initial performance test is required or 
completed (whichever is earlier).

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2670 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 3 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii), as appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as 90 percent of the average pressure drop across the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as 90 percent of the 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as 90 
percent of the average liquor flow rate at the inlet to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as 90 percent of 
the average liquor pH at the inlet to the wet scrubber measured during 
the most recent performance test demonstrating compliance with the HCl 
emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier).
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.

    Effective Date Note: At 76 FR 15471, Mar. 21, 2011, Sec. 60.2675 
was amended by revising paragraphs (a) introductory text and paragraphs 
(a)(2), (a)(3), and (a)(4); revising paragraph (b); adding paragraphs 
(d), (e), (f), and (g), effective May 20, 2011. At 76 FR 28661,

[[Page 919]]

May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the added and revised text is set forth as 
follows:



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

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 3 of this subpart) as 
described in paragraphs (a)(1) through (4) of this section during the 
initial performance test.

                                * * * * *

    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour average pressure drop 
across the wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations; or minimum amperage to the fan for the wet scrubber, which 
is calculated as the lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-
hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.

                                * * * * *

    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier). You must conduct an 
initial performance evaluation of each continuous monitoring system and 
continuous parameter monitoring system within 60 days of installation of 
the monitoring system.

                                * * * * *

    (d) If you use an electrostatic precipitator to comply with the 
emission limitations, you must measure the (secondary) voltage and 
amperage of the electrostatic precipitator collection plates during the 
particulate matter performance test. Calculate the average electric 
power value (secondary voltage x secondary current = secondary electric 
power) for each test run. The operating limit for the electrostatic 
precipitator is calculated as the lowest 1-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with the 
emission limitations, you must measure the sorbent flow rate during the 
performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations.
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
lowest 1-hour average charge rate, secondary chamber temperature, and 
reagent flow rate measured during the most recent performance test 
demonstrating compliance with the nitrogen oxides emission limitations.
    (g) If you do not use a wet scrubber, electrostatic precipitator, or 
fabric filter to comply with the emission limitations, and if you do not 
determine compliance with your particulate matter emission limitation 
with a particulate matter continuous emissions monitoring system, you 
must maintain opacity to less than or equal to ten percent opacity (1-
hour block average).



Sec. 60.2680  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, or limit emissions in some other manner, to comply with the 
emission limitations under Sec. 60.2670, you must petition the 
Administrator for specific operating limits to be established during the 
initial performance test and continuously monitored thereafter. You must 
not conduct the initial performance test until after the petition has 
been approved by the Administrator. Your petition must include the five 
items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.

[[Page 920]]

    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.

    Effective Date Note: At 76 FR 15472, Mar. 21, 2011, Sec. 60.2680 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    (a) If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, or an electrostatic precipitator or limit emissions in 
some other manner, including mass balances, to comply with the emission 
limitations under Sec. 60.2670, you must petition the EPA Administrator 
for specific operating limits to be established during the initial 
performance test and continuously monitored thereafter. You must not 
conduct the initial performance test until after the petition has been 
approved by the Administrator. Your petition must include the five items 
listed in paragraphs (a)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as 
additional operating limits.
    (2) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (3) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits on 
these parameters.
    (4) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (b) [Reserved]



Sec. 60.2685  What happens during periods of startup, shutdown, 
and malfunction?

    (a) The emission limitations and operating limits apply at all times 
except during CISWI unit startups, shutdowns, or malfunctions.
    (b) Each malfunction must last no longer than 3 hours.

    Effective Date Note: At 76 FR 15472, Mar. 21, 2011, Sec. 60.2685 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2685  Affirmative Defense for Exceedance of an Emission Limit 
          During Malfunction.

    In response to an action to enforce the standards set forth in 
paragraph Sec. 60.2670 you may assert an affirmative defense to a claim 
for civil penalties for exceedances of such standards that are caused by 
malfunction, as defined at Sec. 60.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense shall 
not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and

[[Page 921]]

    (2) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health; and
    (6) All emissions and/or parameter monitoring and systems, as well 
as control systems, were kept in operation if at all possible, 
consistent with safety and good air pollution control practices;
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) Notification. The owner or operator of the facility experiencing 
an exceedance of its emission limit(s) during a malfunction shall notify 
the Administrator by telephone or facsimile (FAX) transmission as soon 
as possible, but no later than two business days after the initial 
occurrence of the malfunction, if it wishes to avail itself of an 
affirmative defense to civil penalties for that malfunction. The owner 
or operator seeking to assert an affirmative defense shall also submit a 
written report to the Administrator within 45 days of the initial 
occurrence of the exceedance of the standard in Sec. 60.2670 to 
demonstrate, with all necessary supporting documentation, that it has 
met the requirements set forth in paragraph (a) of this section. The 
owner or operator may seek an extension of this deadline for up to 30 
additional days by submitting a written request to the Administrator 
before the expiration of the 45 day period. Until a request for an 
extension has been approved by the Administrator, the owner or operator 
is subject to the requirement to submit such report within 45 days of 
the initial occurrence of the exceedances.

                     Model Rule--Performance Testing



Sec. 60.2690  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec. 60.2740(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 2 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 of this section:

Cadj = Cmeas (20.9-7)/(20.9-%O2) (Eq. 
    1)

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis, percent.

    (g) You must determine dioxins/furans toxic equivalency by following 
the procedures in paragraphs (g)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-congener emitted using EPA Method 23.
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (g)(1) of this section, multiply

[[Page 922]]

the congener concentration by its corresponding toxic equivalency factor 
specified in table 4 of this subpart.
    (3) Sum the products calculated in accordance with paragraph (g)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.

    Effective Date Note: At 76 FR 15473, Mar. 21, 2011, Sec. 60.2690 
was amended by revising paragraphs (c) and (g)(1) and (2) and adding 
paragraphs (h) and (i), effective May 20, 2011. At 76 FR 28661, May 18, 
2011, the amendment was delayed indefinitely. For the convenience of the 
user, the added and revised text is set forth as follows:



Sec. 60.2690  How do I conduct the initial and annual performance test?

                                * * * * *

    (c) All performance tests must be conducted using the minimum run 
duration specified in tables 2 and 6 through 9 of this subpart.

                                * * * * *

    (g) * * *
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A.
    (2) For each dioxin/furan (tetra-through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) of this section, multiply 
the isomer concentration by its corresponding toxic equivalency factor 
specified in table 4 of this subpart.

                                * * * * *

    (h) Method 22 at 40 CFR part 60, appendix A-7 must be used to 
determine compliance with the fugitive ash emission limit in table 2 of 
this subpart or tables 6 through 9 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4, based on three 1-hour blocks consisting of ten 6-
minute average opacity values, unless you are required to install a 
continuous opacity monitoring system, consistent with Sec. 60.2710 and 
Sec. 60.2730.



Sec. 60.2695  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 2 of this subpart.

    Effective Date Note: At 76 FR 15473, Mar. 21, 2011, Sec. 60.2695 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2695  How are the performance test data used?

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

               Model Rule--Initial Compliance Requirements



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

    You must conduct an initial performance test, as required under 
Sec. 60.8, to determine compliance with the emission limitations in 
table 2 of this subpart and to establish operating limits using the 
procedure in Sec. 60.2675 or Sec. 60.2680. The initial performance 
test must be conducted using the test methods listed in table 2 of this 
subpart and the procedures in Sec. 60.2690.

    Effective Date Note: At 76 FR 15473, Mar. 21, 2011, Sec. 60.2700 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    You must conduct a performance test, as required under Sec. Sec. 
60.2690 and 60.2670, to determine compliance with the emission 
limitations in table 2 of this subpart and tables 6 through 9 of this 
subpart, to establish compliance with any opacity operating limits in 
Sec. 60.2675, and to establish operating limits using the procedures in 
Sec. 60.2675 or Sec. 60.2680. The performance test must be conducted 
using the test methods listed in table 2 of this subpart and tables 6 
through 9 of this subpart and the procedures in Sec. 60.2690. The use 
of the bypass stack during a performance test shall invalidate the 
performance test. You must conduct a performance evaluation of each 
continuous monitoring system within 60 days of installation of the 
monitoring system.

[[Page 923]]



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

    The initial performance test must be conducted no later than 180 
days after your final compliance date. Your final compliance date is 
specified in table 1 of this subpart.

    Effective Date Note: At 76 FR 15473, Mar. 21, 2011, Sec. 60.2705 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

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

    Effective Date Note: At 76 FR 15473, Mar. 21, 2011, Sec. 60.2706 
was added, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely.

             Model Rule--Continuous Compliance Requirements



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

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under Sec. 60.8 to determine compliance with the emission limitations. 
The annual performance test must be conducted using the test methods 
listed in table 2 of this subpart and the procedures in Sec. 60.2690.
    (b) You must continuously monitor the operating parameters specified 
in Sec. 60.2675 or established under Sec. 60.2680. Operation above the 
established maximum or below the established minimum operating limits 
constitutes a deviation from the established operating limits. Three-
hour rolling average values are used to determine compliance (except for 
baghouse leak detection system alarms) unless a different averaging 
period is established under Sec. 60.2680. Operating limits do not apply 
during performance tests.
    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.

    Effective Date Note: At 76 FR 15473, Mar. 21, 2011, Sec. 60.2710 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in 
this subpart apply at all times.
    (2) If you cease combusting solid waste you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased

[[Page 924]]

when solid waste is not in the combustion chamber (i.e., the solid waste 
feed to the combustor has been cut off for a period of time not less 
than the solid waste residence time).
    (3) If you cease combusting solid waste you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a date 
selected by you, that must be at least 6 months from the date that you 
ceased combusting solid waste, consistent with Sec. 60.2710(a)(2). Your 
source must remain in compliance with this subpart until the effective 
date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to the 
provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any Section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable after 
you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the waste-
to-fuel, or fuel-to-waste switch. All calibration and drift checks must 
be performed as of the effective date of the waste-to-fuel, or fuel-to-
waste switch. Relative accuracy tests must be performed as of the 
performance test deadline for PM CEMS. Relative accuracy testing for 
other CEMS need not be repeated if that testing was previously performed 
consistent with section 112 monitoring requirements or monitoring 
requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 2 of this subpart or tables 6 through 9 of this subpart 
and opacity for each CISWI unit as required under Sec. 60.2690. The 
annual performance test must be conducted using the test methods listed 
in table 2 of this subpart or tables 6 through 9 of this subpart and the 
procedures in Sec. 60.2690. Annual performance tests are not required 
if you use continuous emission monitoring systems or continuous opacity 
monitoring systems to determine compliance.
    (c) You must continuously monitor the operating parameters specified 
in Sec. 60.2675 or established under Sec. 60.2680 and as specified in 
Sec. 60.2735. Operation above the established maximum or below the 
established minimum operating limits constitutes a deviation from the 
established operating limits. Three-hour block average values are used 
to determine compliance (except for baghouse leak detection system 
alarms) unless a different averaging period is established under Sec. 
60.2680. Operating limits are confirmed or reestablished during 
performance tests.
    (d) You must burn only the same types of waste used to establish 
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote units, 
you must perform annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for the pollutants listed in table 7 of this subpart.
    (g) For facilities using a continuous emission monitoring system to 
demonstrate compliance with the carbon monoxide emission limit, 
compliance with the carbon monoxide emission limit may be demonstrated 
by using the continuous emission monitoring system according to the 
following requirements:
    (1) You must measure emissions according to Sec. 60.13 to calculate 
1-hour arithmetic averages, corrected to 7 percent oxygen. You must 
demonstrate initial compliance with the carbon monoxide emissions limit 
using a 30-day rolling average of the 1-hour arithmetic average emission 
concentrations, calculated using Equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7.

[[Page 925]]

    (2) Operate the carbon monoxide continuous emissions monitoring 
system in accordance with the applicable requirements of performance 
specification 4A of appendix B and the quality assurance procedures of 
appendix F of this part.
    (h) For energy recovery units with design capacities greater than 
250 MMBtu/hr and waste-burning kilns, demonstrate continuous compliance 
with the particulate matter emissions limit using a particulate matter 
continuous emissions monitoring system according to the procedures in 
Sec. 60.2730(n).
    (i) For energy recovery units with design capacities greater than or 
equal to 10 MMBTU/hour, if you have an opacity operating limit, you must 
install, operate, certify and maintain a continuous opacity monitoring 
system (COMS) according to the procedures in Sec. 60.2730.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for the pollutants (except mercury and particulate matter, and 
hydrogen chloride if no acid gas wet scrubber is used) listed in table 8 
of this subpart. If your waste-burning kiln is not equipped with a wet 
scrubber, you must determine compliance with the hydrogen chloride 
emission limit using a continuous emission monitoring system as 
specified in Sec. 60.2730. You must determine compliance with the 
mercury emissions limit using a mercury continuous emission monitoring 
system according to the following requirements:
    (1) Operate a continuous emission monitoring system in accordance 
with performance specification 12A at 40 CFR part 60, appendix B or a 
sorbent trap based integrated monitor in accordance with performance 
specification 12B at 40 CFR part 60, appendix B. The duration of the 
performance test must be a calendar month. For each calendar month in 
which the waste-burning kiln operates, hourly mercury concentration data 
and stack gas volumetric flow rate data must be obtained.
    (2) Owners or operators using a mercury continuous emissions 
monitoring systems must install, operate, calibrate and maintain an 
instrument for continuously measuring and recording the mercury mass 
emissions rate to the atmosphere according to the requirements of 
performance specifications 6 and 12A at 40 CFR part 60, appendix B and 
quality assurance procedure 5 at 40 CFR part 60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury continuous emission monitor 
while the raw mill of the in-line kiln/raw mill is operating under 
normal conditions and while the raw mill of the in-line kiln/raw mill is 
not operating.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec. 60.13(i).
    (l) For each continuous monitoring system required in this section, 
you must develop and submit to the EPA Administrator for approval a 
site-specific monitoring plan according to the requirements of this 
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this 
section.
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b),(c), (c)(1), (c)(4), (d), 
(e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater 
than 2 percent of the expected process flow rate.

[[Page 926]]

    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) through (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) through (3) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system to 
comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec. 60.17).
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor.

[[Page 927]]

    (5) Use a bag leak detection system equipped with a system that will 
sound an alarm when an increase in relative particulate matter emissions 
over a preset level is detected. The alarm must be located where it is 
observed readily by plant operating personnel.
    (s) For facilities using a continuous emission monitoring system to 
demonstrate compliance with the sulfur dioxide emission limit, 
compliance with the sulfur dioxide emission limit may be demonstrated by 
using the continuous emission monitoring system specified in Sec. 
60.2730 to measure sulfur dioxide and calculating a 30-day rolling 
average emission concentration using Equation 19-19 in section 12.4.1 of 
EPA Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur 
dioxide continuous emission monitoring system must be operated according 
to performance specification 2 in appendix B of this part and must 
follow the procedures and methods specified in this paragraph (s). For 
sources that have actual inlet emissions less than 100 parts per million 
dry volume, the relative accuracy criterion for inlet sulfur dioxide 
continuous emission monitoring systems should be no greater than 20 
percent of the mean value of the reference method test data in terms of 
the units of the emission standard, or 5 parts per million dry volume 
absolute value of the mean difference between the reference method and 
the continuous emission monitoring systems, whichever is greater.
    (1) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 2 in 
appendix B of this part, collect sulfur dioxide and oxygen (or carbon 
dioxide) data concurrently (or within a 30- to 60-minute period) with 
both the continuous emission monitors and the test methods specified in 
paragraphs (s)(1)(i) and (s)(1)(ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec. 60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17), as applicable, must be used.
    (2) The span value of the continuous emissions monitoring system at 
the inlet to the sulfur dioxide control device must be 125 percent of 
the maximum estimated hourly potential sulfur dioxide emissions of the 
unit subject to this rule. The span value of the continuous emission 
monitoring system at the outlet of the sulfur dioxide control device 
must be 50 percent of the maximum estimated hourly potential sulfur 
dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a continuous emission monitoring system to 
demonstrate continuous compliance with the nitrogen oxides emission 
limit, compliance with the nitrogen oxides emission limit may be 
demonstrated by using the continuous emission monitoring system 
specified in Sec. 60.2730 to measure nitrogen oxides and calculating a 
30-day rolling average emission concentration using Equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-
7. The nitrogen oxides continuous emission monitoring system must be 
operated according to performance specification 2 in appendix B of this 
part and must follow the procedures and methods specified in paragraphs 
(t)(1) through (t)(5) of this section.
    (1) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 2 of 
appendix B of this part, collect nitrogen oxides and oxygen (or carbon 
dioxide) data concurrently (or within a 30- to 60-minute period) with 
both the continuous emission monitoring systems and the test methods 
specified in paragraphs (t)(1)(i) and (t)(1)(ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR part 
60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17), as applicable, must be used.
    (2) The span value of the continuous emission monitoring system must 
be 125 percent of the maximum estimated hourly potential nitrogen oxide 
emissions of unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through 
(t)(4)(iv) of this section. This relationship may be reestablished 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec. 60.17), as applicable, must be 
used to determine the oxygen

[[Page 928]]

concentration at the same location as the carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of 3 runs must be performed.
    (u) For facilities using a continuous emissions monitoring system to 
demonstrate continuous compliance with any of the emission limits of 
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average, calculated using Equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-
7.
    (2) Operate all continuous emissions monitoring systems in 
accordance with the applicable procedures under appendices B and F of 
this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a heat input capacity of 100 
MMBtu per hour or greater that do not use a carbon monoxide continuous 
emission monitoring system, you must operate and maintain the continuous 
oxygen monitoring system specified in Sec. 60.2730 according to the 
procedures in paragraphs (w)(1) through (4) of this section by the 
compliance date specified in table 1 of this subpart. The oxygen level 
shall be monitored at the outlet of the energy recovery unit.
    (1) Each monitor must be operated and maintained according to the 
applicable procedures under performance specification 3 of appendix B of 
this part and according to the site-specific monitoring plan developed 
according to paragraph (1) of this section.
    (2) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 3 of 
appendix B of this part, oxygen data must be collected concurrently (or 
within a 30- to 60-minute period) by both the continuous emission 
monitor and the test methods specified in paragraphs (w)(3) of this 
section.
    (3) For oxygen, EPA Reference Method 3A or 3B, or as an alternative 
ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec. 60.17), 
as applicable, must be used.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using Equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.



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

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

    Effective Date Note: At 76 FR 15477, Mar. 21, 2011, Sec. 60.2715 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

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

    Effective Date Note: At 76 FR 15477, Mar. 21, 2011, Sec. 60.2706 
was added, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely.



Sec. 60.2720  May I conduct performance testing less often?

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

[[Page 929]]

until all performance tests over a 3-year period show compliance.

    Effective Date Note: At 76 FR 15477, Mar. 21, 2011, Sec. 60.2720 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 60.2720  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec. 60.2715, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward, as specified in Sec. 60.2725. The Administrator may request a 
repeat performance test at any time.
    (2) You must repeat the performance test within 60 days of a process 
change, as defined in Sec. 60.2875.
    (3) If the initial or any subsequent performance test for any 
pollutant in table 2 or tables 6 through 9 of this subpart, as 
applicable, demonstrates that the emission level for the pollutant is no 
greater than the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, and you are not required to 
conduct a performance test for the pollutant in response to a request by 
the Administrator in paragraph (a)(1) of this section or a process 
change in paragraph (a)(2) of this section, you may elect to skip 
conducting a performance test for the pollutant for the next 2 years. 
You must conduct a performance test for the pollutant during the third 
year and no more than 37 months following the previous performance test 
for the pollutant. For cadmium and lead, both cadmium and lead must be 
emitted at emission levels no greater than their respective emission 
levels specified in paragraph (a)(3)(i) of this section for you to 
qualify for less frequent testing under this paragraph.
    (i) For particulate matter, hydrogen chloride, mercury, carbon 
monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/
furans, the emission level equal to 75 percent of the applicable 
emission limit in table 2 or tables 6 through 9 of this subpart, as 
applicable, to this subpart.
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observations periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved]



Sec. 60.2725  May I conduct a repeat performance test to establish 
new operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used to 
demonstrate compliance.

                         Model Rule--Monitoring



Sec. 60.2730  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec. 60.2670, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 3 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 3 of this subpart at all times except as specified in Sec. 
60.2735(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of

[[Page 930]]

10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limitations under Sec. 60.2670, you must install, 
calibrate (to the manufacturers' specifications), maintain, and operate 
the equipment necessary to monitor compliance with the site-specific 
operating limits established using the procedures in Sec. 60.2680.

    Effective Date Note: At 76 FR 15477, Mar. 21, 2011, Sec. 60.2735 
was amended by revising paragraphs (b)(6) and (c) and adding paragraphs 
(d) through (q), effective May 20, 2011. At 76 FR 28661, May 18, 2011, 
the amendment was delayed indefinitely. For the convenience of the user, 
the added and revised text is set forth as follows:



Sec. 60.2730  What monitoring equipment must I install and what 
          parameters must I monitor?

                                * * * * *

    (b) * * *
    (6) The bag leak detection system must be equipped with an alarm 
system that will alert automatically an operator when an increase in 
relative particulate matter emission over a preset level is detected. 
The alarm must be located where it is observed easily by plant operating 
personnel.

                                * * * * *

    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, or an electrostatic 
precipitator to comply with the emission limitations under Sec. 
60.2670, you must install, calibrate (to the manufacturers' 
specifications), maintain and operate the equipment necessary to monitor 
compliance with the site-specific operating limits established using the 
procedures in Sec. 60.2680.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.2690, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature (if applicable to your CISWI unit) or the minimum reagent 
flow rate measured as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart, you must monitor the secondary power to 
the electrostatic precipitator collection plates and maintain the 3-hour 
block averages at or above the operating limits established during the 
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber, in 
place of hydrogen chloride testing with EPA Method 321 at 40 CFR part 
63, appendix A, an owner or operator must install, calibrate, maintain, 
and operate a continuous emission monitoring system for monitoring 
hydrogen chloride emissions discharged to the atmosphere and record the 
output of the system. To demonstrate continuous compliance with the 
hydrogen chloride emissions limit for units other than waste-burning 
kilns not equipped with a wet scrubber, a facility may substitute use of 
a hydrogen chloride continuous emissions monitoring system for 
conducting the hydrogen chloride annual performance test, monitoring the 
minimum hydrogen chloride sorbent flow rate and monitoring the minimum 
scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate matter 
emissions limit,

[[Page 931]]

a facility may substitute use of a particulate matter continuous 
emissions monitoring system for conducting the particulate matter annual 
performance test and monitoring the minimum pressure drop across the wet 
scrubber, if applicable.
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the dioxin/furan annual performance test. You must 
record the output of the system and analyze the sample according to EPA 
Method 23 at 40 CFR part 60, appendix A-7. You may propose alternative 
continuous monitoring consistent with the requirements in Sec. 
60.13(i). The owner or operator who elects to continuously sample 
dioxin/furan emissions instead of sampling and testing using EPA Method 
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain and 
operate a continuous automated sampling system and must comply with the 
requirements specified in Sec. 60.58b(p) and (q).
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance specification 
12B criteria. This option to use a continuous automated sampling system 
takes effect on the date a final performance specification applicable to 
mercury from monitors is published in the Federal Register. The owner or 
operator who elects to continuously sample mercury emissions instead of 
sampling and testing using EPA Method 29 or 30B at 40 CFR part 60, 
appendix A-8, ASTM D6784-02 (Reapproved 2008) (incorporated by 
reference, see Sec. 60.17), or an approved alternative method for 
measuring mercury emissions, must install, calibrate, maintain and 
operate a continuous automated sampling system and must comply with the 
requirements specified in Sec. 60.58b(p) and (q).
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a continuous emissions 
monitoring system for the nitrogen oxides annual performance test to 
demonstrate compliance with the nitrogen oxides emissions limits.
    (1) Install, calibrate, maintain and operate a continuous emission 
monitoring system for measuring nitrogen oxides emissions discharged to 
the atmosphere and record the output of the system. The requirements 
under performance specification 2 of appendix B of this part, the 
quality assurance procedure 1 of appendix F of this part and the 
procedures under Sec. 60.13 must be followed for installation, 
evaluation and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec. 
60.2690, compliance with the emission limit for nitrogen oxides required 
under Sec. 60.52b(d) must be determined based on the 30-day rolling 
average of the hourly emission concentrations using continuous emission 
monitoring system outlet data. The 1-hour arithmetic averages must be 
expressed in parts per million by volume (dry basis) and used to 
calculate the 30-day rolling average concentrations. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the sulfur dioxide annual performance test to 
demonstrate compliance with the sulfur dioxide emissions limits.
    (1) Install, calibrate, maintain and operate a continuous emission 
monitoring system for measuring sulfur dioxide emissions discharged to 
the atmosphere and record the output of the system. The requirements 
under performance specification 2 of appendix B of this part, the 
quality assurance requirements of procedure 1 of appendix F of this part 
and the procedures under Sec. 60.13 must be followed for installation, 
evaluation and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec. 60.2690, 
compliance with the sulfur dioxide emission limit may be determined 
based on the 30-day rolling average of the hourly arithmetic average 
emission concentrations using continuous emission monitoring system 
outlet data. The 1-hour arithmetic averages must be expressed in parts 
per million corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average emission concentrations. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (m) For energy recovery units that do not use a wet scrubber, fabric 
filter with bag leak detection system, or particulate matter continuous 
emission monitoring system, you must install, operate, certify and 
maintain a continuous opacity monitoring system according to the 
procedures in paragraphs (m)(1) through (5) of this section by the 
compliance date specified in Sec. 60.2670. Energy recovery units that 
use a particulate matter continuous emissions monitoring system to 
demonstrate initial and continuing compliance according to the 
procedures in Sec. 60.2730(n) are not required to install a continuous 
opacity monitoring system and must perform the annual performance tests 
for opacity consistent with Sec. 60.2710(f).

[[Page 932]]

    (1) Install, operate and maintain each continuous opacity monitoring 
system according to performance specification 1 at 40 CFR part 60, 
appendix B.
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec. 60.13 and 
according to performance specification 1 at 40 CFR part 60, appendix B.
    (3) As specified in Sec. 60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec. 60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour block 
averages as applicable) collected.
    (n) For energy recovery units with design capacities greater than 
250 MMBtu/hr and waste-burning kilns, in place of particulate matter 
testing with EPA Method 5 at 40 CFR part 60, appendix A-3, an owner or 
operator must install, calibrate, maintain and operate a continuous 
emission monitoring system for monitoring particulate matter emissions 
discharged to the atmosphere and record the output of the system. The 
owner or operator of an affected facility who continuously monitors 
particulate matter emissions instead of conducting performance testing 
using EPA Method 5 at 40 CFR part 60, appendix A-3 must install, 
calibrate, maintain and operate a continuous emission monitoring system 
and must comply with the requirements specified in paragraphs (n)(1) 
through (n)(14) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor must be installed, evaluated and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
2 of appendix F of this part and Sec. 60.13.
    (4) The initial performance evaluation must be completed no later 
than 180 days after the final compliance date for meeting the amended 
emission limitations, as specified under Sec. 60.2690 or within 180 
days of notification to the Administrator of use of the continuous 
monitoring system if the owner or operator was previously determining 
compliance by Method 5 at 40 CFR part 60, appendix A-3 performance 
tests, whichever is later.
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec. 60.2710(s)(5)(i) through 
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec. 60.2690. Compliance with the particulate matter emission 
limit must be determined by using the continuous emission monitoring 
system specified in paragraph (n) of this section to measure particulate 
matter and calculating a 30-day rolling average emission concentration 
using Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7 of this part.
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using Equation 
19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 
Appendix A-7 of the part from the 1-hour arithmetic average of the 
continuous emission monitoring system outlet data.
    (8) At a minimum, valid continuous monitoring system hourly averages 
must be obtained as specified Sec. 60.2735.
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and 
must be used to calculate the 30-day rolling average emission 
concentrations. The 1-hour arithmetic averages must be calculated using 
the data points required under Sec. 60.13(e)(2).
    (10) All valid continuous emission monitoring system data must be 
used in calculating average emission concentrations even if the minimum 
continuous emission monitoring system data requirements of paragraph 
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system must be operated 
according to performance specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 11 in 
appendix B of this part, particulate matter and oxygen (or carbon 
dioxide) data must be collected concurrently (or within a 30-to 60-
minute period) by both the continuous emission monitors and the 
following test methods.
    (i) For particulate matter, EPA Reference Method 5 at 40 CFR part 
60, appendix A-3 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-2, as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.

[[Page 933]]

    (14) When particulate matter emissions data are missing because of 
continuous emission monitoring system breakdowns, repairs, calibration 
checks and zero and span adjustments, you must collect emissions data by 
using other monitoring systems as approved by the Administrator or EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7 to provide, as 
necessary, valid emissions data for a minimum of 85 percent of the hours 
per day, 90 percent of the hours per calendar quarter, and 95 percent of 
the hours per calendar year that the affected facility is operated and 
combusting waste.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the carbon monoxide annual performance test to 
demonstrate compliance with the carbon monoxide emissions limits.
    (1) Install, calibrate, maintain, and operate a continuous emission 
monitoring system for measuring carbon monoxide emissions discharged to 
the atmosphere and record the output of the system. The requirements 
under performance specification 4B of appendix B of this part, the 
quality assurance procedure 1 of appendix F of this part and the 
procedures under Sec. 60.13 must be followed for installation, 
evaluation, and operation of the continuous emission monitoring system.
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec. 
60.2690, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using continuous emission monitoring 
system outlet data. The 1-hour arithmetic averages must be expressed in 
parts per million corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average emission concentrations. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain 
and operate a device or method for measuring the use of the bypass stack 
including date, time and duration.
    (q) For energy recovery units with a heat input capacity of 100 
MMBtu per hour or greater that do not use a carbon monoxide continuous 
emission monitoring system, you must install, operate and maintain the 
continuous oxygen monitoring system according to the procedures in 
paragraphs (q)(1) through (4) of this section by the compliance date 
specified in table 1 of this subpart. The oxygen level shall be 
monitored at the outlet of the energy recovery unit.
    (1) Each monitor must be installed, operated, and maintained 
according to the applicable procedures under performance specification 3 
of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part, the procedures under Sec. 60.13 and according 
to the site-specific monitoring plan developed according to paragraph 
(l) of this section.
    (2) During each relative accuracy test run of the continuous 
emission monitoring system required by performance specification 3 of 
appendix B of this part, oxygen data must be collected concurrently (or 
within a 30- to 60-minute period) by both the continuous emission 
monitor and the test methods specified in paragraphs (w)(3) of this 
section.
    (3) For oxygen, EPA Reference Method 3A or 3B, or as an alternative 
ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec. 60.17), 
as applicable, must be used.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using Equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec. 60.13(e)(2



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

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

    Effective Date Note: At 76 FR 15480, Mar. 21, 2011, Sec. 60.2735 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    For each continuous monitoring system required or optionally allowed 
under Sec. 60.2730, you must monitor and collect data according to this 
section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except

[[Page 934]]

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

                 Model Rule--Recordkeeping and Reporting



Sec. 60.2740  What records must I keep?

    You must maintain the 13 items (as applicable) as specified in 
paragraphs (a) through (m) of this section for a period of at least 5 
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2680, you must maintain 
data collected for all operating parameters used to determine compliance 
with the operating limits.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec. 
60.2675(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime associated with 
zero and span and other routine calibration checks). Identify the 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 3 of this subpart or a 
deviation from other operating limits established under Sec. 60.2680 
with a description of the deviations, reasons for such deviations, and a 
description of corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2660(a) as required by 
Sec. 60.2660(b), including the date of the initial review and all 
subsequent annual reviews.

[[Page 935]]

    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2635, met 
the criteria for qualification under Sec. 60.2645, and maintained or 
renewed their qualification under Sec. 60.2650 or Sec. 60.2655. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (i) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (j) Records of calibration of any monitoring devices as required 
under Sec. 60.2730.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec. 60.2660(a).
    (m) On a daily basis, keep a log of the quantity of waste burned and 
the types of waste burned (always required).

    Effective Date Note: At 76 FR 15480, Mar. 21, 2011, Sec. 60.2740 
was amended by revising the introductory text; revising paragraphs 
(b)(5) and (e); removing and reserving paragraphs (c) and (d); adding 
paragraphs (n) through (v), effective May 20, 2011. At 76 FR 28661, May 
18, 2011, the amendment was delayed indefinitely. For the convenience of 
the user, the added and revised text is set forth as follows:



Sec. 60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (v) of this section for a period of 
at least 5 years:

                                * * * * *

    (b) * * *
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2675(d) through (f) or 
Sec. 60.2680, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits.

                                * * * * *

    (c) [Reserved]
    (d) [Reserved]
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 3 of this subpart or a 
deviation from other operating limits established under Sec. 60.2675(d) 
through (f) or Sec. 60.2680 with a description of the deviations, 
reasons for such deviations, and a description of corrective actions 
taken.

                                * * * * *

    (n) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 2 of this subpart or tables 6 through 9 of 
this subpart, any required maintenance and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average concentrations of particulate matter 
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions.
    (p) Records indicating use of the bypass stack, including dates, 
times and durations.
    (q) If you choose to stack test less frequently than annually, 
consistent with Sec. 60.2720(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel composition 
and operation of air pollution control equipment that would cause 
emissions of the relevant pollutant to increase within the past year.
    (r) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (s) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (u) For operating units that burn materials other than traditional 
fuels as defined in Sec. 241.2, a description of each material burned, 
and a record which documents how each material that is not a traditional 
fuel meets

[[Page 936]]

each of the legitimacy criteria in Sec. 241.3(d). If you combust a 
material that has been processed from a discarded non-hazardous 
secondary material pursuant to Sec. 241.3(b)(4), you must keep records 
as to how the operations that produced the material satisfy the 
definition of processing in Sec. 241.2. If the material received a non-
waste determination pursuant to the petition process submitted under 
Sec. 241.3(c), you must keep a copy of the non-waste determination 
granted by EPA.
    (v) For operating units that burn tires, a certification that the 
shipments of tires that are non-waste per 40 CFR 241.3(b)(2)(i), are 
part of an established tire collection program, consistent with the 
definition of that term in Sec. 241.2. The certification must document 
that the tires were not discarded and are handled as valuable 
commodities in accordance with Sec. 241.3(b)(2)(i), from the point of 
removal from the automobile through arrival at the combustion facility. 
The certification must identify the entity the tires were received from 
(for example, the name of the state or private collection program), the 
quantity, volume, or weight of tires received by you, and the dates 
received. The certification must be signed by the owner or operator of 
the combustion unit, or by a responsible official of the established 
tire collection program, and must include the following certification of 
compliance, ``The tires from this tire collection program meet the EPA 
definition of an established tire collection program in Sec. 241'' and 
state the title or position of the person signing the certification. You 
must also keep a record that identifies where on your plant site the 
tires from each tire collection program are located, and that accounts 
for all tires at the plant site.



Sec. 60.2745  Where and in what format must I keep my records?

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



Sec. 60.2750  What reports must I submit?

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



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

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



Sec. 60.2760  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec. 60.2700, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec. 60.2675 or Sec. 60.2680.
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec. 60.2730(b).



Sec. 60.2765  When must I submit my annual report?

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



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

    The annual report required under Sec. 60.2765 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec. 60.2775, 
60.2780, and 60.2785.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.2675 or Sec. 60.2680.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from

[[Page 937]]

the emission limitations or operating limits during the reporting 
period, and that no monitoring system used to determine compliance with 
the operating limits was inoperative, inactive, malfunctioning or out of 
control.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported.
    (g) Information recorded under Sec. 60.2740(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec. 60.2720(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec. 60.2720(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified CISWI unit operators 
were unavailable for more than 8 hours, but less than 2 weeks.

    Effective Date Note: At 76 FR 15481, Mar. 21, 2011, Sec. 60.2770 
was amended by revising paragraph (e) and adding paragraphs (k) through 
(o), effective May 20, 2011. At 76 FR 28661, May 18, 2011, the amendment 
was delayed indefinitely. For the convenience of the user, the added and 
revised text is set forth as follows:



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

                                * * * * *

    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period.

                                * * * * *

    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation that 
occurs for a CISWI unit for which you are not using a CMS to comply with 
the emission or operating limitations in this subpart, the annual report 
must contain the following information.
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the continuous emission monitoring system, was out of 
control as specified in paragraph (o) of this section, the annual report 
must contain the following information for each deviation from an 
emission or operating limitation occurring for a CISWI unit for which 
you are using a continuous monitoring system to comply with the emission 
and operating limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system 
certification or audit.

[[Page 938]]

    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the continuous emission monitoring system, was not out 
of control as specified in paragraph (o) of this section, a statement 
that there were not periods during which the continuous monitoring 
system was out of control during the reporting period.
    (o) A continuous monitoring system is out of control if any of the 
following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.



Sec. 60.2775  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

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



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

    In each report required under Sec. 60.2775, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Duration and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitoring 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.

    Effective Date Note: At 76 FR 15481, Mar. 21, 2011, Sec. 60.2780 
was amended by revising paragraph (c) and removing paragraphs (e) and 
(f), effective May 20, 2011. At 76 FR 28661, May 18, 2011, the amendment 
was delayed indefinitely. For the convenience of the user, the revised 
text is set forth as follows:



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

                                * * * * *

    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits and 
your corrective actions.
    (2) Bypass events and your corrective actions.

                                * * * * *



Sec. 60.2785  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.

[[Page 939]]

    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.2665(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.



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

    Yes. You must submit notifications as provided by Sec. 60.7.

    Effective Date Note: At 76 FR 15481, Mar. 21, 2011, Sec. 60.2790 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.

    Effective Date Note: At 76 FR 15482, Mar. 21, 2011, Sec. 60.2795 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

    (a) Submit initial, annual and deviation reports electronically or 
in paper format, postmarked on or before the submittal due dates.
    (b) After December 31, 2011, within 60 days after the date of 
completing each performance evaluation or performance test, as they are 
defined in Sec. 63.2, conducted to demonstrate compliance with this 
subpart, the owner or operator of the affected facility must submit the 
relative accuracy test audit data and performance test data, except 
opacity data, to EPA by successfully submitting the data electronically 
to EPA's Central Data Exchange (CDX) by using the Electronic Reporting 
Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ert--tool.html).



Sec. 60.2800  Can reporting dates be changed?

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

                  Model Rule--Title V Operating Permits



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

    Yes. Each CISWI unit must operate pursuant to a permit issued under 
section 129(e) and title V of the Clean Air Act by the later of the two 
dates in paragraphs (a) and (b) of this section.
    (a) Thirty-six months after December 1, 2000.
    (b) The effective date of the title V permit program to which your 
unit is subject. If your unit is subject to title V as a result of some 
triggering requirement(s) other than this subpart

[[Page 940]]

(for example, being a major source), then your unit may be required to 
apply for and obtain a title V permit prior to the deadlines noted 
above. If more than one requirement triggers the requirement to apply 
for a title V permit, the 12-month timeframe for filing a title V 
application is triggered by the requirement which first causes the 
source to be subject to title V.

    Effective Date Note: At 76 FR 15482, Mar. 21, 2011, Sec. 60.2785 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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

                  Model Rule--Air Curtain Incinerators



Sec. 60.2810  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion devices 
with enclosed fireboxes and controlled air technology such as mass burn, 
modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under ``Air Curtain Incinerators'' (Sec. Sec. 60.2810 
through 60.2870).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



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

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



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

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



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

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



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

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



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

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



Sec. 60.2840  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan, including a description of any 
devices for air pollution control and any process changes that you will 
use to comply

[[Page 941]]

with the emission limitations and other requirements of this subpart.
    (b) Maintain an onsite copy of the final control plan.



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

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



Sec. 60.2850  What must I do if I close my air curtain incinerator 
and then restart it?

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



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

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



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

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

    Effective Date Note: At 76 FR 15482, Mar. 21, 2011, Sec. 60.2860 
was revised, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
amendment was delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



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

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



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

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



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

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

[[Page 942]]

    (d) Submit annual opacity test results within 12 months following 
the previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date and keep a copy 
onsite for a period of 5 years.

    Effective Date Note: At 76 FR 15482, Mar. 21, 2011, Sec. 60.2870 
was amended by revising paragraph (c)(2), effective May 20, 2011. At 76 
FR 28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



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

                                * * * * *

    (c) * * *
    (2) The results (as determined by the average of three 1-hour blocks 
consisting of ten 6-minute average opacity values) of the initial 
opacity tests.

                                * * * * *

                         Model Rule--Definitions



Sec. 60.2875  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subparts A and B of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air technology 
such as mass burn, modular, and fluidized bed combustors.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance, or other principle 
to monitor relative particulate matter loadings.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion unit that combusts commercial or industrial waste 
(as defined in this subpart), that is a distinct operating unit of any 
commercial or industrial facility (including field erected, modular, and 
custom built incineration units operating with starved or excess air), 
and any air curtain incinerator that is a distinct operating unit of any 
commercial or industrial facility that does not comply with the opacity 
limits under this subpart applicable to air curtain incinerators burning 
commercial or industrial waste. While not all CISWI units will include 
all of the following components, a CISWI unit includes, but is not 
limited to, the commercial or industrial solid waste feed system, grate 
system, flue gas system, waste heat recovery equipment, if any,

[[Page 943]]

and bottom ash system. The CISWI unit does not include air pollution 
control equipment or the stack. The CISWI unit boundary starts at the 
commercial or industrial waste hopper (if applicable) and extends 
through two areas: The combustion unit flue gas system, which ends 
immediately after the last combustion chamber or after the waste heat 
recovery equipment, if any; and the combustion unit bottom ash system, 
which ends at the truck loading station or similar equipment that 
transfers the ash to final disposal. The CISWI unit includes all ash 
handling systems connected to the bottom ash handling system. A CISWI 
unit does not include any of the fifteen types of units described in 
Sec. 60.2555 of this subpart, nor does it include any combustion 
turbine or reciprocating internal combustion engine.
    Commercial or industrial waste means solid waste (as defined in this 
subpart) that is combusted at any commercial or industrial facility 
using controlled flame combustion in an enclosed, distinct operating 
unit: Whose design does not provide for energy recovery (as defined in 
this subpart); or operated without energy recovery (as defined in this 
subpart). Commercial or industrial waste also means solid waste (as 
defined in this subpart) combusted in an air curtain incinerator that is 
a distinct operating unit of any commercial or industrial facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless or whether or not 
such failure is permitted by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than June 1, 2001 and that meets one of two criteria:

[[Page 944]]

    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from CISWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Rack reclamation unit means a unit that burns the coatings off racks 
used to hold small items for application of a coating. The unit burns 
the coating overspray off the rack so the rack can be reused.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 1, 2001.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, agricultural operations, and from community activities, but does 
not include solid or dissolved material in domestic sewage, or solid or 
dissolved materials in irrigation return flows or industrial discharges 
which are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.

[65 FR 75362, Dec. 1, 2000, as amended at 70 FR 55581, Sept. 22, 2005]

    Effective Date Note: At 76 FR 15482, Mar. 21, 2011, Sec. 60.2875 
was amended by dding definitions for ``Affirmative defense,'' ``Burn-off

[[Page 945]]

oven,'' ``Bypass stack,'' ``Chemical recovery unit,'' ``Continuous 
monitoring system,'' ``Cyclonic burn barrel,'' ``Energy recovery unit,'' 
``Energy recovery unit designed to burn biomass (Biomass),'' ``Energy 
recovery unit designed to burn coal (Coal),'' ``Energy recovery unit 
designed to burn liquid wastes material and gas (Liquid/gas),'' ``Energy 
recovery unit designed to burn solid materials (Solid),'' ``Fabric 
filter,'' ``Homogeneous wastes,'' ``Incinerator,'' ``Kiln,'' 
``Laboratory analysis unit,'' ``Minimum voltage or amperage,'' 
``Opacity,'' ``Operating day,'' ``Performance evaluation,'' 
``Performance test,'' ``Process change,'' ``Raw mill,'' ``Small remote 
incinerator,'' ``Soil treatment unit,'' ``Solid waste incineration 
unit,'' ``Space heater'' and ``Waste-burning kiln,'' in alphabetical 
order; revising the definition for ``Commercial and industrial solid 
waste incineration (CISWI) unit,'' ``Modification,'' and ``Wet 
scrubber.''; removing paragraph (3) of the definition for 
``Deviation.''; removing the definition for ``Commercial or industrial 
waste,'' ``Contained gaseous material,'' and ``Solid Waste.'', effective 
May 20, 2011. At 76 FR 28661, May 18, 2011, the amendment was delayed 
indefinitely. For the convenience of the user, the added and revised 
text is set forth as follows:



Sec. 60.2875  What definitions must I know?

                                * * * * *

    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.

                                * * * * *

    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.

                                * * * * *

    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The following seven types of units are 
considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that are 
reclaimed in a pulping liquor recovery process and reused in the pulping 
process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue 
containing catalyst metals that are reclaimed and reused as catalysts or 
used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide that 
is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.

                                * * * * *

    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the operating 
unit burns materials other than traditional fuels as defined in Sec. 
241.2 that have been discarded, and you do not keep and produce records 
as required by Sec. 60.2740(u), the material is a solid waste and the 
operating unit is a CISWI unit. While not all CISWI units will include 
all of the following components, a CISWI unit includes, but is not 
limited to, the solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom ash system. The CISWI 
unit does not include air pollution control equipment or the stack. The 
CISWI unit boundary starts at the solid waste hopper (if applicable) and 
extends through two areas: The combustion unit flue gas system, which 
ends immediately after the last combustion chamber or after the waste 
heat recovery equipment, if any; and the combustion unit bottom ash 
system, which ends at the truck loading station or similar equipment 
that transfers the ash to final disposal. The CISWI unit includes all 
ash handling systems connected to the bottom ash handling system.

                                * * * * *

    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if

[[Page 946]]

applicable), to analyze, and to provide a permanent record of emissions 
or process parameters.

                                * * * * *

    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, openhead drum. The device consists of a 
lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.

                                * * * * *

    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator under Resource 
Conservation and Recovery Act in 40 CFR 240) for energy recovery. Energy 
recovery units include units that would be considered boilers and 
process heaters if they did not combust solid waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste and at least 10 percent 
biomass, but less than 10 percent coal, on a heat input basis on an 
annual average, either alone or in combination with liquid waste, liquid 
fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste material and gas 
(Liquid/gas) means an energy recovery unit that burns a liquid waste 
with liquid or gaseous fuels not combined with any solid fuel or waste 
materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy recovery 
units designed to burn biomass
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Homogeneous wastes are stable, consistent in formulation, have known 
fuel properties, have a defined origin, have predictable chemical and 
physical attributes, and result in consistent combustion characteristics 
and have a consistent emissions profile.
    Incinerator means any furnace used in the process of combusting 
solid waste (as the term is defined by the Administrator under Resource 
Conservation and Recovery Act in 40 CFR 240) for the purpose of reducing 
the volume of the waste by removing combustible matter. Incinerator 
designs include single chamber and two-chamber.
    Kiln means an oven or furnace, including any associated preheater or 
precalciner devices, used for processing a substance by burning, firing 
or drying. Kilns include cement kilns that produce clinker by heating 
limestone and other materials for subsequent production of Portland 
Cement.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.

                                * * * * *

    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has been 
changed later than June 1, 2001, and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which Clean Air Act section 129 or section 111 has established 
standards.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.

                                * * * * *

[[Page 947]]

    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to a 
change in the air pollution control devices used to comply with the 
emission limits for the affected CISWI unit (e.g., change in the sorbent 
used for activated carbon injection).

                                * * * * *

    Raw mill means a ball and tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.

                                * * * * *

    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator under RCRA in 40 CFR 
240) and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Solid waste incineration unit means a distinct operating unit of any 
facility which combusts any solid (as that term is defined by the 
Administrator under the Resource Conservation and Recovery Act in 40 CFR 
part 240) waste material from commercial or industrial establishments or 
the general public (including single and multiple residences, hotels and 
motels). Such term does not include incinerators or other units required 
to have a permit under section 3005 of the Solid Waste Disposal Act. The 
term ``solid waste incineration unit'' does not include (A) materials 
recovery facilities (including primary or secondary smelters) which 
combust waste for the primary purpose of recovering metals, (B) 
qualifying small power production facilities, as defined in section 
3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying 
cogeneration facilities, as defined in section 3(18)(B) of the Federal 
Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as 
units which burn tires or used oil, but not including refuse-derived 
fuel) for the production of electric energy or in the case of qualifying 
cogeneration facilities which burn homogeneous waste for the production 
of electric energy and steam or forms of useful energy (such as heat) 
which are used for industrial, commercial, heating or cooling purposes, 
or (C) air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes and clean lumber and that such air curtain 
incinerators comply with opacity limitations to be established by the 
Administrator by rule.
    Space heater means a usually portable appliance for heating a 
relatively small area.

                                * * * * *

    Waste-burning kiln means a kiln that is heated, in whole or in part, 
by combusting solid waste (as that term is defined by the Administrator 
under the Resource Conservation and Recovery Act pursuant in 40 CFR part 
240).

                                * * * * *



   Sec. Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of 
                    Progress and Compliance Schedules

------------------------------------------------------------------------
   Comply with these increments of
              progress                        By these dates \a\
------------------------------------------------------------------------
Increment 1--Submit final control     (Dates to be specified in State
 plan.                                 plan)
Increment 2--Final compliance.......  (Dates to be specified in State
                                       plan) \b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the State.
\b\ The date can be no later than 3 years after the effective date of
  State plan approval or December 1, 2005.


[[Page 948]]


    Effective Date Note: At 76 FR 15484, Mar. 21, 2011, table 1 to 
subpart DDDD of part 60 was revised, effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



   Sec. Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of 
                    Progress and Compliance Schedules

 Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
                        and Compliance Schedules
------------------------------------------------------------------------
   Comply with these increments of
              progress                         By these dates\a\
------------------------------------------------------------------------
Increment 1--Submit final control     (Dates to be specified in state
 plan.                                 plan).
Increment 2--Final compliance.......  (Dates to be specified in state
                                       plan).\b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWI units that commenced
  construction on or before November 30, 1999. The date can be no later
  than 3 years after the effective date of approval of a revised state
  plan or March 21, 2012 for CISWI units that commenced construction on
  or before June 4, 2010.



     Sec. Table 2 to Subpart DDDD of Part 60--Model Rule--Emission 
                               Limitations

----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \a\                                                 method
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.004 milligrams per   3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part)
Carbon monoxide...................  157 parts per million  3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     10, 10A, or 10B, of
                                                            run).                       appendix A of this part)
Dioxins/furans (toxic equivalency   0.41 nanograms per     3-run average (1 hour       Performance test (Method
 basis).                             dry standard cubic     minimum sample time per     23 of appendix A of this
                                     meter.                 run).                       part)
Hydrogen chloride.................  62 parts per million   3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     26A of appendix A of
                                                            run).                       this part)
Lead..............................  0.04 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part)
Mercury...........................  0.47 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part)
Opacity...........................  10 percent...........  6-minute averages.........  Performance test (Method
                                                                                        9 of appendix A of this
                                                                                        part)
Oxides of nitrogen................  388 parts per million  3-run average (1 hour       Performance test (Methods
                                     by dry volume.         minimum sample time per     7, 7A, 7C, 7D, or 7E of
                                                            run).                       appendix A of this part)
Particulate matter................  70 milligrams per dry  3-run average (1 hour       Performance test (Method
                                     standard cubic meter.  minimum sample time per     5 or 29 of appendix A of
                                                            run).                       ths part)
Sulfur dioxide....................  20 parts per million   3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     6 or 6c of appendix A of
                                                            run).                       this part)
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


    Effective Date Note: At 76 FR 15484, Mar. 21, 2011, table 2 to 
subpart DDDD was amended by revising the title to read ``Table 2 to 
Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply 
Before [Date to be specified in state plan]''; revising the entries for 
``Hydrogen chloride,'' ``Mercury,'' ``Opacity'' and ``Oxides of 
nitrogen''; adding footnotes b and c, effective May 20, 2011. At 76 FR 
28661, May 18, 2011, the amendment was delayed indefinitely. For the 
convenience of the user, the added and revised text is set forth as 
follows:

[[Page 949]]



     Sec. Table 2 to Subpart DDDD of Part 60--Model Rule--Emission 
                               Limitations

             Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply Before
                                    [Date to be specified in state plan] \b\
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission  limitation   Using this averaging time    compliance using this
                                             \a\                                                 method
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Hydrogen chloride.................  62 parts per million   3-run average (For Method   Performance test (Method
                                     by dry volume.         26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 60 liters per     60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meter per run).
 
                                                  * * * * * * *
Mercury...........................  0.47 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 or 30B at 40 CFR part
                                     meter.                 run).                       60, appendix A-8) or
                                                                                        ASTM D6784-02
                                                                                        (Reapproved 2008).\c\
Opacity...........................  10 percent...........  Three 1-hour blocks         Performance test (Method
                                                            consisting of ten 6-        9 at 40 CFR part 60,
                                                            minute average opacity      appendix A-4).
                                                            values.
 
                                                  * * * * * * *
Oxides of nitrogen................  388 parts per million  3-run average (1 hour       Performance test (Methods
                                     by dry volume.         minimum sample time per     7 or 7E at 40 CFR part
                                                            run).                       60, appendix A-4). Use a
                                                                                        span gas with a
                                                                                        concentration of 800 ppm
                                                                                        or less.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\b\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or March 21, 2016.
\c\ Incorporated by reference, see Sec. 60.17.



 Sec. Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits 
                            for Wet Scrubbers

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



 Sec. Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency 
                                 Factors

------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin................          1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin..............          0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin.............          0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin.............          0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin.............          0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin..........          0.01
octachlorinated dibenzo-p-dioxin.........................          0.001
2,3,7,8-tetrachlorinated dibenzofuran....................          0.1
2,3,4,7,8-pentachlorinated dibenzofuran..................          0.5
1,2,3,7,8-pentachlorinated dibenzofuran..................          0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran.................          0.1

[[Page 950]]

 
1,2,3,6,7,8-hexachlorinated dibenzofuran.................          0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran.................          0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran.................          0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran..............          0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran..............          0.01
octachlorinated dibenzofuran.............................          0.001
------------------------------------------------------------------------


    Effective Date Note: At 76 FR 15485, Mar. 21, 2011, tble 4 of 
subpart DDDD is amended by revising the row headings, effective May 20, 
2011. At 76 FR 28661, May 18, 2011, the amendment was delayed 
indefinitely. For the convenience of the user, the added and revised 
text is set forth as follows:



 Sec. Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency 
                                 Factors

    Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency
                                 Factors
------------------------------------------------------------------------
                                                               Toxic
                   Dioxin/furan isomer                      equivalency
                                                               factor
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------



    Sec. Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of 
                       Reporting Requirements \a\

----------------------------------------------------------------------------------------------------------------
              Report                      Due date                Contents                   Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan............  No later than the date        Sec. 60.2755.
                                    specified in table 1    Waste management plan.
                                    for submittal of the
                                    final control plan.
Initial Test Report..............  No later than 60 days         Sec. 60.2760.
                                    following the initial   Complete test report
                                    performance test.       for the initial
                                                            performance test
                                                            The
                                                            values for the site-
                                                            specific operating
                                                            limits.
                                                           
                                                            Installation of bag
                                                            leak detection
                                                            systems for fabric
                                                            filters.

[[Page 951]]

 
Annual Report....................  No later than 12              Sec. Sec. 60.2765 and
                                    months following the    Name and address.       60.2770.
                                    submission of the      
                                    initial test report.    Statement and
                                    Subsequent reports      signature by
                                    are to be submitted     responsible official.
                                    no more than 12        
                                    months following the    Date of report.
                                    previous report.       
                                                            Values for the
                                                            operating limits.
                                                            If
                                                            no deviations or
                                                            malfunctions were
                                                            reported, a statement
                                                            that no deviations
                                                            occurred during the
                                                            reporting period.
                                                           
                                                            Highest recorded 3-
                                                            hour average and the
                                                            lowest 3-hour
                                                            average, as
                                                            applicable, for each
                                                            operating parameter
                                                            recorded for the
                                                            calendar year being
                                                            reported.
                                                           
                                                            Information for
                                                            deviations or
                                                            malfunctions recorded
                                                            under Sec.
                                                            60.2740(b)(6) and (c)
                                                            through (e).
                                                            If
                                                            a performance test
                                                            was conducted during
                                                            the reporting period,
                                                            the results of the
                                                            test.
                                                            If
                                                            a performance test
                                                            was not conducted
                                                            during the reporting
                                                            period, a statement
                                                            that the requirements
                                                            of Sec. 60.2155(a)
                                                            or (b) were met.
                                                           
                                                            Documentation of
                                                            periods when all
                                                            qualified CISWI unit
                                                            operators were
                                                            unavailable for more
                                                            than 8 hours but less
                                                            than 2 weeks.
Emission Limitation or Operating   By August 1 of that           Sec. Sec. 60.2775 and
 Limit Deviation Report.            year for data           Dates and times of      60.2780.
                                    collected during the    deviations.
                                    first half of the      
                                    calendar year. By       Averaged and recorded
                                    February 1 of the       data for these dates.
                                    following year for     
                                    data collected during   Duration and causes
                                    the second half of      for each deviation
                                    the calendar year.      and the corrective
                                                            actions taken.
                                                           
                                                            Copy of operating
                                                            limit monitoring data
                                                            and any test reports.
                                                           
                                                            Dates, times, and
                                                            causes for monitor
                                                            downtime incidents.
                                                           
                                                            Whether each
                                                            deviation occurred
                                                            during a period of
                                                            startup, shutdown, or
                                                            malfunction.
Qualified Operator Deviation       Within 10 days of             Sec. 60.2785(a)(1).
 Notification.                      deviation.              Statement of cause of
                                                            deviation.
                                                           
                                                            Description of
                                                            efforts to have an
                                                            accessible qualified
                                                            operator.
                                                            The
                                                            date a qualified
                                                            operator will be
                                                            accessible.
Qualified Operator Deviation       Every 4 weeks                 Sec. 60.2785(a)(2).
 Status Report.                     following deviation.    Description of
                                                            efforts to have an
                                                            accessible qualified
                                                            operator
                                                            The
                                                            date a qualified
                                                            operator will be
                                                            accessible.
                                                           
                                                            Request for approval
                                                            to continue operation.
Qualified Operator Deviation       Prior to resuming             Sec. 60.2785(b)
 Notification of Resumed            operation.              Notification that you
 Operation.                                                 are resuming
                                                            operation
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


    Effective Date Note: At 76 FR 15485, Mar. 21, 2011, table 5 of 
subpart DDDD is amended by revising the entry for ``Annual Report''; 
revising the entry for ``Emission limitation or operating limit 
deviation report'', effective May 20, 2011. At 76 FR 28661, May 18, 
2011, the amendment was delayed indefinitely. For the convenience of the 
user, the added and revised text is set forth as follows:



    Sec. Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of 
                       Reporting Requirements \a\

[[Page 952]]



                    Table 5 to Subpart DDDD of Part 60--Summary of Reporting Requirements \a\
----------------------------------------------------------------------------------------------------------------
              Report                      Due date                Contents                   Reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Annual report....................  No later than 12              Sec. Sec. 60.2765 and
                                    months following the    Name and address.       60.2770.
                                    submission of the      
                                    initial test report.    Statement and
                                    Subsequent reports      signature by
                                    are to be submitted     responsible official.
                                    no more than 12        
                                    months following the    Date of report.
                                    previous report.       
                                                            Values for the
                                                            operating limits.
                                                           
                                                            Highest recorded 3-
                                                            hour average and the
                                                            lowest 3-hour
                                                            average, as
                                                            applicable, for each
                                                            operating parameter
                                                            recorded for the
                                                            calendar year being
                                                            reported.
                                                            If
                                                            a performance test
                                                            was conducted during
                                                            the reporting period,
                                                            the results of the
                                                            test.
                                                            If
                                                            a performance test
                                                            was not conducted
                                                            during the reporting
                                                            period, a statement
                                                            that the requirements
                                                            of Sec. 60.2720(a)
                                                            were met.
                                                           
                                                            Documentation of
                                                            periods when all
                                                            qualified CISWI unit
                                                            operators were
                                                            unavailable for more
                                                            than 8 hours but less
                                                            than 2 weeks.
                                                            If
                                                            you are conducting
                                                            performance tests
                                                            once every 3 years
                                                            consistent with Sec.
                                                             60.2720(a), the date
                                                            of the last 2
                                                            performance tests, a
                                                            comparison of the
                                                            emission level you
                                                            achieved in the last
                                                            2 performance tests
                                                            to the 75 percent
                                                            emission limit
                                                            threshold required in
                                                            Sec. 60.2720(a) and
                                                            a statement as to
                                                            whether there have
                                                            been any operational
                                                            changes since the
                                                            last performance test
                                                            that could increase
                                                            emissions.
 
                                                  * * * * * * *
Emission limitation or operating   By August 1 of that           Sec. 60.2775 and 60.2780.
 limit deviation report.            year for data           Dates and times of
                                    collected during the    deviation.
                                    first half of the      
                                    calendar year. By       Averaged and recorded
                                    February 1 of the       data for those dates.
                                    following year for     
                                    data collected during   Duration and causes
                                    the second half of      of each deviation and
                                    the calendar year.      the corrective
                                                            actions taken.
                                                           
                                                            Copy of operating
                                                            limit monitoring data
                                                            and any test reports.
                                                           
                                                            Dates, times and
                                                            causes for monitor
                                                            downtime incidents.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.



     Sec. Table 6 to Subpart DDDD of Part 60--Model Rule--Emission 
    Limitations That Apply to Incinerators on and After [Date to be 
                      specified in state plan] \a\

[[Page 953]]



  Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators on and After
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \b\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  36 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a maximum
                                                                                          allowable drift of 0.2
                                                                                          ppm and a span gas
                                                                                          with a CO
                                                                                          concentration of 75
                                                                                          ppm or less. The span
                                                                                          gas must contain
                                                                                          approximately the same
                                                                                          concentration of CO2
                                                                                          expected from the
                                                                                          source.
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.0036 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0054 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008)b, collect a        appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008) \c\.
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  53 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a span gas
                                                                                          with a concentration
                                                                                          of 100 ppm or less.
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4. Use a maximum
                                                                                          allowable drift of 0.2
                                                                                          ppm and a span gas
                                                                                          with concentration of
                                                                                          20 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or March 21, 2016.
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\c\ Incorporated by reference, see Sec. 60.17.


[[Page 954]]


    Effective Date Note: At 76 FR 15485, Mar. 21, 2011, table 6 to 
subpart DDDD is added, effective May 20, 2011. At 76 FR 28661, May 18, 
2011, the amendment was delayed indefinitely.



     Sec. Table 7 to Subpart DDDD of Part 60--Model Rule--Emission 
   Limitations That Apply to Energy Recovery Units After May 20, 2011

 Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
                                                  May 20, 2011
----------------------------------------------------------------------------------------------------------------
                                        You must meet this emission
                                              limitation \a\                  Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    0.00051 milligrams  3-run average       Performance test
                                   per dry standard    per dry standard    (collect a          (Method 29 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           2 dry standard      appendix A-8).
                                                                           cubic meters).      Use ICPMS for the
                                                                                               analytical
                                                                                               finish.
Carbon monoxide.................  36 parts per        Biomass--490 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--59 parts per   run).               appendix A-4).
                                                       million dry                             Use a span gas
                                                       volume.                                 with a
                                                                                               concentration of
                                                                                               100 ppm or less
                                                                                               for liquid/gas
                                                                                               boilers and coal-
                                                                                               fed boilers. Use
                                                                                               a span gas with a
                                                                                               concentration of
                                                                                               1000 ppm or less
                                                                                               for biomass-fed
                                                                                               boilers.
Dioxins/furans (total mass        2.9 nanograms per   0.35 nanograms per  3-run average       Performance test
 basis).                           dry standard        dry standard        (collect a          (Method 23 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           1 dry standard      appendix A-7).
                                                                           cubic meter).
Dioxins/furans (toxic             0.32 nanograms per  0.059 nanograms     3-run average       Performance test
 equivalency basis).               dry standard        per dry standard    (collect a          (Method 23 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           1 dry standard      appendix A-7).
                                                                           cubic meter).
Hydrogen chloride...............  14 parts per        0.45 parts per      3-run average       Performance test
                                   million dry         million dry         (collect a          (Method 26 or 26A
                                   volume.             volume.             minimum volume of   at 40 CFR part
                                                                           1 dry standard      60, appendix A-
                                                                           cubic meters).      8).
Lead............................  0.096 milligrams    0.0036 milligrams   3-run average       Performance test
                                   per dry standard    per dry standard    (collect a          (Method 29 at 40
                                   cubic meter.        cubic meter.        minimum volume of   CFR part 60,
                                                                           2 dry standard      appendix A-8).
                                                                           cubic meters).      Use ICPMS for the
                                                                                               analytical
                                                                                               finish.
Mercury.........................  0.0013 milligrams   0.00033 milligrams  3-run average (For  Performance test
                                   per dry standard    per dry standard    Method 29 and       (Method 29 or 30B
                                   cubic meter.        cubic meter.        ASTM D6784-02       at 40 CFR part
                                                                           (Reapproved         60, appendix A-8)
                                                                           2008),\b\ collect   or ASTM D6784-02
                                                                           a minimum volume    (Reapproved
                                                                           of 2 dry standard   2008).\b\
                                                                           cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).

[[Page 955]]

 
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 7E at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--340 parts      run).               appendix A-4).
                                                       per million dry                         Use a span gas
                                                       volume.                                 with a
                                                                                               concentration of
                                                                                               150 ppm or less
                                                                                               for liquid/gas
                                                                                               fuel boilers. Use
                                                                                               a span gas with a
                                                                                               concentration of
                                                                                               700 ppm or less
                                                                                               for solid fuel
                                                                                               boilers.
Particulate matter filterable...  110 milligrams per  250 milligrams per  3-run average       Performance test
                                   dry standard        dry standard        (collect a          (Method 5 or 29
                                   cubic meter.        cubic meter or 30-  minimum volume of   at 40 CFR part
                                                       day rolling         1 dry standard      60, appendix A-3
                                                       average if PM       cubic meter).       or appendix A-8)
                                                       CEMS is required                        if the unit has a
                                                       or being used.                          design capacity
                                                                                               less than or
                                                                                               equal to 250
                                                                                               MMBtu/hr; or PM
                                                                                               CEMS (performance
                                                                                               specification 11
                                                                                               of appendix B of
                                                                                               this part) if the
                                                                                               unit has a design
                                                                                               capacity greater
                                                                                               than 250 MMBtu/
                                                                                               hr. Use Method 5
                                                                                               or 5I of Appendix
                                                                                               A of this part
                                                                                               and collect a
                                                                                               minimum sample
                                                                                               volume of 1 dscm
                                                                                               for the PM CEMS
                                                                                               correlation
                                                                                               testing.
Sulfur dioxide..................  720 parts per       Biomass--6.2 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--650 parts      run).               60, appendix A-4.
                                                       per million dry                         Use a span gas
                                                       volume.                                 with a
                                                                                               concentration of
                                                                                               20 ppm or less
                                                                                               for biomass-fed
                                                                                               boilers. Use a
                                                                                               span gas with a
                                                                                               concentration of
                                                                                               1500 ppm or less
                                                                                               for liquid/gas
                                                                                               and coal-fed
                                                                                               boilers.
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\b\ Incorporated by reference, see Sec. 60.17.


    Effective Date Note: At 76 FR 15486, Mar. 21, 2011, table 7 to 
subpart DDDD is added, effective May 20, 2011. At 76 FR 28661, May 18, 
2011, the amendment was delayed indefinitely.



     Sec. Table 8 to Subpart DDDD of Part 60--Model Rule--Emission 
    Limitations That Apply to Waste-Burning Kilns After May 20, 2011

[[Page 956]]



Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After May
                                                    20, 2011
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.00048 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Carbon monoxide......................  110 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a span gas
                                                                                          with a concentration
                                                                                          of 200 ppm or less.
Dioxins/furans (total mass basis)....  0.02 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Dioxins/furans (toxic equivalency      0.0070 nanograms per     3-run average (collect   Performance test
 basis).                                dry standard cubic       a minimum volume of 1    (Method 23 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Hydrogen chloride....................  25 parts per million     3-run average (collect   Performance test
                                        dry volume.              a minimum volume of 1    (Method 321 at 40 CFR
                                                                 dry standard cubic       part 63, appendix A)
                                                                 meter) or 30-day         or HCl CEMS if a wet
                                                                 rolling average if HCl   scrubber is not used.
                                                                 CEMS is being used.
Lead.................................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.0079 milligrams per    30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                          specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B of this
                                                                                          part.)
Oxides of nitrogen...................  540 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a span gas
                                                                                          with a concentration
                                                                                          of 1,000 ppm or less.
Particulate matter filterable........  6.2 milligrams per dry   30-day rolling average.  PM CEMS (performance
                                        standard cubic meter.                             specification 11 of
                                                                                          appendix B of this
                                                                                          part; Use Method 5 or
                                                                                          5I of Appendix A of
                                                                                          this part and collect
                                                                                          a minimum sample
                                                                                          volume of 2 dscm for
                                                                                          the PM CEMS
                                                                                          correlation testing.)
Sulfur dioxide.......................  38 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4). Use a span gas
                                                                                          with a concentration
                                                                                          of 80 ppm or less.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.


    Effective Date Note: At 76 FR 15488, Mar. 21, 2011, table 8 to 
subpart DDDD is added, effective May 20, 2011. At 76 FR 28661, May 18, 
2011, the amendment was delayed indefinitely.



     Sec. Table 9 to Subpart DDDD of Part 60--Model Rule--Emission 
 Limitations That Apply to Small, Remote Incinerators After May 20, 2011

  Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                                               After May 20, 2011
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.61 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  8).

[[Page 957]]

 
Carbon monoxide......................  20 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a span gas
                                                                                          with a concentration
                                                                                          of 50 ppm or less.
Dioxins/furans (total mass basis)....  1,200 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Dioxins/furans (toxic equivalency      57 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  7).
Hydrogen chloride....................  220 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.7 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter).                  8).
Mercury..............................  0.0057 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008)b, collect a        appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\b\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  240 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 7E at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4). Use a span gas
                                                                                          with a concentration
                                                                                          of 500 ppm or less.
Particulate matter filterable........  230 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  420 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4). Use a span gas
                                                                                          with a concentration
                                                                                          of 1000 ppm or less.
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Incorporated by reference, see Sec. 60.17.


[[Page 958]]


    Effective Date Note: At 76 FR 15489, Mar. 21, 2011, table 9 to 
subpart DDDD is added, effective May 20, 2011. At 76 FR 28661, May 18, 
2011, the amendment was delayed indefinitely.



Subpart EEEE_Standards of Performance for Other Solid Waste Incineration 
Units for Which Construction is Commenced After December 9, 2004, or for 
 Which Modification or Reconstruction is Commenced on or After June 16, 
                                  2006

    Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

                              Introduction



Sec. 60.2880  What does this subpart do?

    This subpart establishes new source performance standards for other 
solid waste incineration (OSWI) units. Other solid waste incineration 
units are very small municipal waste combustion units and institutional 
waste incineration units.



Sec. 60.2881  When does this subpart become effective?

    This subpart takes effect June 16, 2006. Some of the requirements in 
this subpart apply to planning the incineration unit and must be 
completed even before construction is initiated on the unit (i.e., the 
preconstruction requirements in Sec. Sec. 60.2894 and 60.2895). Other 
requirements such as the emission limitations and operating limits apply 
when the unit begins operation.

                              Applicability



Sec. 60.2885  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified 
in paragraphs (a) through (c) of this section.
    (a) Your incineration unit is a new incineration unit as defined in 
Sec. 60.2886.
    (b) Your incineration unit is an OSWI unit as defined in Sec. 
60.2977 or an air curtain incinerator subject to this subpart as 
described in Sec. 60.2888(b). Other solid waste incineration units are 
very small municipal waste combustion units and institutional waste 
incineration units as defined in Sec. 60.2977.
    (c) Your incineration unit is not excluded under Sec. 60.2887.



Sec. 60.2886  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit subject to this 
subpart that meets either of the two criteria specified in paragraphs 
(a)(1) or (2) of this section.
    (1) Commenced construction after December 9, 2004.
    (2) Commenced reconstruction or modification on or after June 16, 
2006.
    (b) This subpart does not affect your incineration unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the emission guidelines in subpart FFFF of this part. Such 
changes do not qualify as reconstruction or modification under this 
subpart.



Sec. 60.2887  What combustion units are excluded from this subpart?

    This subpart excludes the types of units described in paragraphs (a) 
through (q) of this section, as long as you meet the requirements of 
this section.
    (a) Cement kilns. Your unit is excluded if it is regulated under 
subpart LLL of part 63 of this chapter (National Emission Standards for 
Hazardous Air Pollutants from the Portland Cement Manufacturing 
Industry).
    (b) Co-fired combustors. Your unit, that would otherwise be 
considered a very small municipal waste combustion unit, is excluded if 
it meets the five requirements specified in paragraphs (b)(1) through 
(5) of this section.
    (1) The unit has a Federally enforceable permit limiting the 
combustion of municipal solid waste to 30 percent of the total fuel 
input by weight.
    (2) You notify the Administrator that the unit qualifies for the 
exclusion.
    (3) You provide the Administrator with a copy of the Federally 
enforceable permit.
    (4) You record the weights, each calendar quarter, of municipal 
solid waste and of all other fuels combusted.
    (5) You keep each report for 5 years. These records must be kept on 
site for at least 2 years. You may keep the

[[Page 959]]

records off site for the remaining 3 years.
    (c) Cogeneration facilities. Your unit is excluded if it meets the 
three requirements specified in paragraphs (c)(1) through (3) of this 
section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (d) Commercial and industrial solid waste incineration units. Your 
unit is excluded if it is regulated under subparts CCCC or DDDD of this 
part and is required to meet the emission limitations established in 
those subparts.
    (e) Hazardous waste combustion units. Your unit is excluded if it 
meets either of the two criteria specified in paragraph (e)(1) or (2) of 
this section.
    (1) You are required to get a permit for your unit under section 
3005 of the Solid Waste Disposal Act.
    (2) Your unit is regulated under 40 CFR part 63, subpart EEE 
(National Emission Standards for Hazardous Air Pollutants from Hazardous 
Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. Your unit is 
excluded if it is regulated under subparts Ce or Ec of this part (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators).
    (g) Incinerators and air curtain incinerators in isolated areas of 
Alaska. Your incineration unit is excluded if it is used at a solid 
waste disposal site in Alaska that is classified as a Class II or Class 
III municipal solid waste landfill, as defined in Sec. 60.2977.
    (h) Rural institutional waste incinerators. Your incineration unit 
is excluded if it is an institutional waste incineration unit, as 
defined in Sec. 60.2977, and the application for exclusion described in 
paragraphs (h)(1) and (2) of this section has been approved by the 
Administrator.
    (1) Prior to initial startup, an application and supporting 
documentation demonstrating that the institutional waste incineration 
unit meets the two requirements specified in paragraphs (h)(1)(i) and 
(ii) of this section must be submitted to and approved by the 
Administrator.
    (i) The unit is located more than 50 miles from the boundary of the 
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are 
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section 
must be revised and resubmitted to the Administrator for approval every 
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2) 
of this section and were denied exclusion by the Administrator, you have 
3 years from the expiration date of the current exclusion to comply with 
the emission limits and all other applicable requirements of this 
subpart.
    (i) Institutional boilers and process heaters. Your unit is excluded 
if it is regulated under 40 CFR part 63, subpart DDDDD (National 
Emission Standards for Hazardous Air Pollutants for Industrial, 
Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. Your unit is excluded if it burns 
samples of materials only for the purpose of chemical or physical 
analysis.
    (k) Materials recovery units. Your unit is excluded if it combusts 
waste for the primary purpose of recovering metals. Examples include 
primary and secondary smelters.
    (l) Pathological waste incineration units. Your institutional waste 
incineration unit or very small municipal waste combustion unit is 
excluded from this subpart if it burns 90 percent or more by weight (on 
a calendar quarter basis and excluding the weight of auxiliary fuel and 
combustion air) of pathological waste, low-level radioactive waste, and/
or chemotherapeutic waste as defined in Sec. 60.2977 and you notify the 
Administrator that the unit meets these criteria.
    (m) Small or large municipal waste combustion units. Your unit is 
excluded if it

[[Page 960]]

is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb, of this part and 
is required to meet the emission limitations established in those 
subparts.
    (n) Small power production facilities. Your unit is excluded if it 
meets the three requirements specified in paragraphs (n)(1) through (3) 
of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in 
disaster recovery. Your incineration unit is excluded if it is used on a 
temporary basis to combust debris from a disaster or emergency such as a 
tornado, hurricane, flood, ice storm, high winds, or act of bioterrorism 
and you comply with the requirements in Sec. 60.2969.
    (p) Units that combust contraband or prohibited goods. Your 
incineration unit is excluded if the unit is owned or operated by a 
government agency such as police, customs, agricultural inspection, or a 
similar agency to destroy only illegal or prohibited goods such as 
illegal drugs, or agricultural food products that can not be transported 
into the country or across State lines to prevent biocontamination. The 
exclusion does not apply to items either confiscated or incinerated by 
private, industrial, or commercial entities.
    (q) Incinerators used for national security. Your incineration unit 
is excluded if it meets the requirements specified in either (q)(1) or 
(2) of this section.
    (1) The incineration unit is used solely during military training 
field exercises to destroy national security materials integral to the 
field exercises.
    (2) The incineration unit is used solely to incinerate national 
security materials, its use is necessary to safeguard national security, 
you follow the exclusion request requirements in paragraphs (q)(2)(i) 
and (ii) of this section, and the Administrator has approved your 
request for exclusion.
    (i) The request for exclusion and supporting documentation must 
demonstrate both that the incineration unit is used solely to destroy 
national security materials and that a reliable alternative to 
incineration that ensures acceptable destruction of national security 
materials is unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to and approved by 
the Administrator prior to initial startup.



Sec. 60.2888  Are air curtain incinerators regulated under this subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are subject to all requirements of this 
subpart, including the emission limitations specified in table 1 of this 
subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per 
day of the materials listed in paragraphs (b)(1) through (4) of this 
section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec. 60.2970 through 60.2974 and are exempt from all other 
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



Sec. 60.2889  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If EPA has delegated authority to 
your State, local, or tribal agency, then that agency (as well as EPA) 
has the authority to implement and enforce this subpart. You should 
contact your EPA Regional Office to find out if this subpart is 
delegated to your State, local, or tribal agency.

[[Page 961]]

    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency, the authorities contained 
in paragraphs (b)(1) through (6) of this section are retained by EPA and 
are not transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec. 60.2916 and 
table 2 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec. 
60.2917.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec. 60.2911(c)(2).



Sec. 60.2890  How are these new source performance standards structured?

    These new source performance standards contain nine major 
components, as follows:
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.



Sec. 60.2891  Do all components of these new source performance
standards apply at the same time?

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



                     Preconstruction Siting Analysis



Sec. 60.2894  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you commence construction, 
reconstruction, or modification of an OSWI unit after June 16, 2006.
    (b) If you commence construction, reconstruction, or modification of 
an OSWI unit after December 9, 2004, but before June 16, 2006, you are 
not required to prepare the siting analysis specified in this subpart.



Sec. 60.2895  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the environment. 
In considering such alternatives, you may consider costs, energy 
impacts, nonair environmental impacts, or any other factors related to 
the practicability of the alternatives.
    (b) Analyses of your OSWI unit's impacts that are prepared to comply 
with State, local, or other Federal regulatory requirements may be used 
to satisfy the requirements of this section, provided they include the 
consideration of air pollution control alternatives specified in 
paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec. 60.2952(c) prior to commencing 
construction, reconstruction, or modification.

                          Waste Management Plan



Sec. 60.2899  What is a waste management plan?

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



Sec. 60.2900  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing 
construction, reconstruction, or modification.

[[Page 962]]



Sec. 60.2901  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures and implement those measures the source considers practical and 
feasible, considering the effectiveness of waste management measures 
already in place, the costs of additional measures, the emissions 
reductions expected to be achieved, and any other environmental or 
energy impacts they might have.



                   Operator Training and Qualification



Sec. 60.2905  What are the operator training and qualification
requirements?

    (a) No OSWI unit can be operated unless a fully trained and 
qualified OSWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified OSWI 
unit operator may operate the OSWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified OSWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec. 60.2911.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the thirteen subjects listed in paragraphs (c)(1)(i) 
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Methods to monitor pollutants (including monitoring of 
incinerator and control device operating parameters) and monitoring 
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec. 60.2906  When must the operator training course be completed?

    The operator training course must be completed by the latest of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) Six months after your OSWI unit startup.
    (b) December 18, 2006.
    (c) The date before an employee assumes responsibility for operating 
the OSWI unit or assumes responsibility for supervising the operation of 
the OSWI unit.



Sec. 60.2907  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec. 60.2905(c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec. 60.2905(c)(2).

[[Page 963]]



Sec. 60.2908  How do I maintain my operator qualification?

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



Sec. 60.2909  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.2908.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2907(a).



Sec. 60.2910  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the nine topics 
described in paragraphs (a)(1) through (9) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec. 60.2899 
through 60.2901.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted by December 18, 2006 or prior to an 
employee's assumption of responsibilities for operation of the OSWI 
unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted not later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have 
completed review of the information in paragraph (a) of this section as 
required by paragraph (b) of this section, including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec. 60.2905, met 
the criteria for qualification under Sec. 60.2907, and maintained or 
renewed their qualification under Sec. 60.2908 or Sec. 60.2909. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec. 60.2911  What if all the qualified operators are temporarily
not accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the three criteria specified in paragraphs (a) through 
(c) of this section, depending on the length of time that a qualified 
operator is not accessible.

[[Page 964]]

    (a) When all qualified operators are not accessible for 12 hours or 
less, the OSWI unit may be operated by other plant personnel familiar 
with the operation of the OSWI unit who have completed review of the 
information specified in Sec. 60.2910(a) within the past 12 months. You 
do not need to notify the Administrator or include this as a deviation 
in your annual report.
    (b) When all qualified operators are not accessible for more than 12 
hours, but less than 2 weeks, the OSWI unit may be operated by other 
plant personnel familiar with the operation of the OSWI unit who have 
completed a review of the information specified in Sec. 60.2910(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec. 60.2956.
    (c) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA every 4 weeks outlining what you 
are doing to ensure that a qualified operator is accessible, stating 
when you anticipate that a qualified operator will be accessible and 
requesting approval from EPA to continue operation of the OSWI unit. You 
must submit the first status report 4 weeks after you notify the 
Administrator of the deviation under paragraph (c)(1) of this section. 
If EPA notifies you that your request to continue operation of the OSWI 
unit is disapproved, the OSWI unit may continue operation for 90 days, 
then must cease operation. Operation of the unit may resume if you meet 
the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec. 
60.2905(a).
    (ii) You notify EPA that a qualified operator is accessible and that 
you are resuming operation.

                Emission Limitations and Operating Limits



Sec. 60.2915  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in table 1 of this 
subpart 60 days after your OSWI unit reaches the charge rate at which it 
will operate, but no later than 180 days after its initial startup.



Sec. 60.2916  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 2 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraphs (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
the average charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (ii) For batch units, maximum charge rate is the charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as the average pressure drop across the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the particulate matter emission limitations; or minimum amperage to the 
wet scrubber, which is calculated as the average amperage to the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the 
average liquor flow rate at the inlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limitations.

[[Page 965]]

    (4) Minimum scrubber liquor pH, which is calculated as the average 
liquor pH at the inlet to the wet scrubber measured during the most 
recent performance test demonstrating compliance with the hydrogen 
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your OSWI unit reaches the charge 
rate at which it will operate, but no later than 180 days after its 
initial startup.



Sec. 60.2917  What if I do not use a wet scrubber to comply with 
the emission limitations?

    If you use an air pollution control device other than a wet scrubber 
or limit emissions in some other manner to comply with the emission 
limitations under Sec. 60.2915, you must petition EPA for specific 
operating limits, the values of which are to be established during the 
initial performance test and then continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by EPA. Your petition must include the five items 
listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec. 60.2918  What happens during periods of startup, shutdown,
and malfunction?

    The emission limitations and operating limits apply at all times 
except during OSWI unit startups, shutdowns, or malfunctions.

                           Performance Testing



Sec. 60.2922  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in 
table 1 of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 1 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in ``60.2975.
    (g) Method 26A of appendix A of this part must be used for hydrogen 
chloride concentration analysis, with the additional requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling using 
the procedure described in paragraphs (g)(1)(i) through (iii) of this 
section.
    (i) Assemble the sampling train(s) and conduct a conditioning run by 
collecting between 14 liters per minute (0.5 cubic feet per minute) and 
30 liters per minute (1.0 cubic feet per minute) of gas over a one-hour 
period. Follow the sampling procedures outlined in section 8.1.5 of 
Method 26A of appendix A of this part. For the conditioning run, water 
can be used as the impinger solution.

[[Page 966]]

    (ii) Remove the impingers from the sampling train and replace with a 
fresh impinger train for the sampling run, leaving the probe and filter 
(and cyclone, if used) in position. Do not recover the filter or rinse 
the probe before the first run. Thoroughly rinse the impingers used in 
the preconditioning run with deionized water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack gas 
and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe and 
filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and 134 
[deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the 
requirements specified in paragraphs (g)(3)(i) and (ii) of this section 
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of appendix 
A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of this part must be used.



Sec. 60.2923  How are the performance test data used?

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

                     Initial Compliance Requirements



Sec. 60.2927  How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 
Sec. 60.8, to determine compliance with the emission limitations in 
table 1 of this subpart and to establish operating limits using the 
procedure in Sec. 60.2916 or Sec. 60.2917. The initial performance 
test must be conducted using the test methods listed in table 1 of this 
subpart and the procedures in Sec. 60.2922.



Sec. 60.2928  By what date must I conduct the initial performance test?

    The initial performance test must be conducted within 60 days after 
your OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup.

                   Continuous Compliance Requirements



Sec. 60.2932  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the 
pollutants in table 1 of this subpart for each OSWI unit to determine 
compliance with the emission limitations. The annual performance test 
must be conducted using the test methods listed in table 1 of this 
subpart and the procedures in 60.2922.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values are used to determine compliance. A 
12-hour rolling average value above the carbon monoxide emission limit 
in table 1 of this subpart constitutes a deviation from the emission 
limitation.
    (c) You must continuously monitor the operating parameters specified 
in Sec. 60.2916 or established under Sec. 60.2917. Three-hour rolling 
average values are used to determine compliance with the operating 
limits unless a different averaging period is established under Sec. 
60.2917. A 3-hour rolling average value (unless a different averaging 
period is established under Sec. 60.2917) above the established maximum 
or below the established minimum operating limits constitutes a 
deviation from the established operating limits. Operating limits do not 
apply during performance tests.



Sec. 60.2933  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months following 
the initial performance test. Conduct subsequent annual performance 
tests within 12 months following the previous one.



Sec. 60.2934  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least three consecutive annual tests,

[[Page 967]]

and all performance tests for the pollutant over that period show that 
you comply with the emission limitation. In this case, you do not have 
to conduct a performance test for that pollutant for the next 2 years. 
You must conduct a performance test during the 3rd year and no more than 
36 months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for 
the pollutant, you may choose to conduct performance tests for that 
pollutant every 3rd year, but each test must be within 36 months of the 
previous performance test.
    (c) If a performance test shows a deviation from an emission 
limitation for any pollutant, you must conduct annual performance tests 
for that pollutant until three consecutive annual performance tests for 
that pollutant all show compliance.



Sec. 60.2935  May I conduct a repeat performance test to establish 
new operating limits?

    Yes, you may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.

                               Monitoring



Sec. 60.2939  What continuous emission monitoring systems must I install?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You must 
monitor the oxygen concentration at each location where you monitor 
carbon monoxide.
    (b) You must install, evaluate, and operate each continuous emission 
monitoring system according to the ``Monitoring Requirements'' in Sec. 
60.13.



Sec. 60.2940  How do I make sure my continuous emission monitoring
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure carbon monoxide 
and oxygen.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 60 days after your OSWI unit reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your carbon monoxide and oxygen 
continuous emission monitoring systems. To validate carbon monoxide 
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of 
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. table 3 of this subpart shows the required 
span values and performance specifications that apply to each continuous 
emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.



Sec. 60.2941  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 12 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.



Sec. 60.2942  What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems, and is the 

data collection 
          requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for carbon 
monoxide are in parts per million by dry volume at 7 percent oxygen. Use 
the 1-hour averages of oxygen data from your continuous emission 
monitoring system to determine the actual oxygen level and to calculate 
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous

[[Page 968]]

emission monitoring systems to complete at least one cycle of operation 
(sampling, analyzing, and data recording) for each 15-minute period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for at least 90 percent of the operating days 
per calendar quarter. An operating day is any day the unit combusts any 
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you have deviated from the data collection 
requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations.
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to table 3 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data.



Sec. 60.2943  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use Equation 1 in Sec. 60.2975 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec. 60.2975 to calculate the 12-hour rolling 
averages for concentrations of carbon monoxide.



Sec. 60.2944  What operating parameter monitoring equipment must I 
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitations under Sec. 60.2915, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 2 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 2 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate a device or method for measuring the use of any 
stack that could be used to bypass the control device. The measurement 
must include the date, time, and duration of the use of the bypass 
stack.
    (c) If you are using a method or air pollution control device other 
than a wet scrubber to comply with the emission limitations under Sec. 
60.2915, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec. 60.2917.



Sec. 60.2945  Is there a minimum amount of operating parameter 
monitoring data I must obtain?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments of 
the monitoring system), you must conduct all monitoring at all times the 
OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent of 
the operating hours per day for at least 90 percent of the operating 
days per calendar quarter. An operating day is any day the unit combusts 
any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs (a) 
and (b) of this section, you have deviated from the data collection 
requirement regardless of the operating parameter level monitored.
    (d) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing compliance with the operating limits.

                       Recordkeeping and Reporting



Sec. 60.2949  What records must I keep?

    You must maintain the 15 items (as applicable) as specified in 
paragraphs

[[Page 969]]

(a) through (o) of this section for a period of at least 5 years.
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8) 
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls 
other than wet scrubbers under Sec. 60.2917, you must maintain data 
collected for all operating parameters used to determine compliance with 
the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions 
and all 3-hour rolling average values of continuously monitored 
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the 
control device.
    (c) Identification of calendar dates and times for which continuous 
emission monitoring systems or monitoring systems used to monitor 
operating limits were inoperative, inactive, malfunctioning, or out of 
control (except for downtime associated with zero and span and other 
routine calibration checks). Identify the pollutant emissions or 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which monitoring 
data show a deviation from the carbon monoxide emissions limit in table 
1 of this subpart or a deviation from the operating limits in table 2 of 
this subpart or a deviation from other operating limits established 
under Sec. 60.2917 with a description of the deviations, reasons for 
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not 
collect the minimum amount of data required under Sec. Sec. 60.2942 and 
60.2945.
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your daily drift tests and quarterly accuracy 
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required 
under Sec. 60.2944.
    (i) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations and a 
description of the types of waste burned during the test.
    (j) All documentation produced as a result of the siting 
requirements of Sec. Sec. 60.2894 and 60.2895.
    (k) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec. 60.2910(a) as required by 
Sec. 60.2910(b), including the date of the initial review and all 
subsequent annual reviews.
    (l) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec. 60.2905, met 
the criteria for qualification under Sec. 60.2907, and maintained or 
renewed their qualification under Sec. 60.2908 or Sec. 60.2909. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (m) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (n) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (o) The information listed in Sec. 60.2910(a).

[[Page 970]]



Sec. 60.2950  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may 
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.



Sec. 60.2951  What reports must I submit?

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



Sec. 60.2952  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction that 
includes the five items listed in paragraphs (a) through (e) of this 
section.
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting 
requirements of Sec. 60.2895.
    (d) The waste management plan as specified in Sec. Sec. 60.2899 
through 60.2901.
    (e) Anticipated date of initial startup.



Sec. 60.2953  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating limits 
under Sec. 60.2917.
    (e) The anticipated date of initial startup.



Sec. 60.2954  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) and (b) 
of this section no later than 60 days following the initial performance 
test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec. 60.2927, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec. 60.2916 or Sec. 60.2917.



Sec. 60.2955  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec. 60.2954. You must submit 
subsequent reports no more than 12 months following the previous report.



Sec. 60.2956  What information must I include in my annual report?

    The annual report required under Sec. 60.2955 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec. 60.2957 
through 60.2959.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 40 
CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.2916 or Sec. 60.2917.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 12-
hour average, as applicable, for carbon monoxide emissions and the 
highest recorded 3-hour average and the lowest recorded 3-hour average, 
as applicable, for each operating parameter recorded for the calendar 
year being reported.

[[Page 971]]

    (g) Information recorded under Sec. 60.2949(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec. 60.2934(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec. 60.2934(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators 
were unavailable for more than 12 hours, but less than 2 weeks.



Sec. 60.2957  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if any 
recorded 12-hour average carbon monoxide emission rate is above the 
emission limitation, if the control device was bypassed, or if a 
performance test was conducted that showed a deviation from any emission 
limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).



Sec. 60.2958  What must I include in the deviation report?

    In each report required under Sec. 60.2957, for any pollutant or 
operating parameter that deviated from the emission limitations or 
operating limits specified in this subpart, include the seven items 
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.
    (g) The dates, times, and durations of any bypass of the control 
device.



Sec. 60.2959  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to EPA every 4 weeks that includes the 
three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from EPA to continue operation of the OSWI 
unit.
    (b) If your unit was shut down by EPA, under the provisions of Sec. 
60.2911(c)(2), due to a failure to provide an accessible qualified 
operator, you must notify EPA that you are resuming operation once a 
qualified operator is accessible.

[[Page 972]]



Sec. 60.2960  Are there any other notifications or reports that
I must submit?

    Yes, you must submit notifications as provided by Sec. 60.7.



Sec. 60.2961  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.



Sec. 60.2962  Can reporting dates be changed?

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

                        Title V Operating Permits



Sec. 60.2966  Am I required to apply for and obtain a title V 
operating permit for my unit?

    Yes, if you are subject to this subpart, you are required to apply 
for and obtain a title V operating permit unless you meet the relevant 
requirements for an exemption specified in Sec. 60.2887.



Sec. 60.2967  When must I submit a title V permit application for my new unit?

    (a) If your new unit subject to this subpart is not subject to an 
earlier permit application deadline, a complete title V permit 
application must be submitted on or before one of the dates specified in 
paragraphs (a)(1) or (2) of this section. (See section 503(c) of the 
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
    (1) For a unit that commenced operation as a new source as of 
December 16, 2005, then a complete title V permit application must be 
submitted not later than December 18, 2006.
    (2) For a unit that does not commence operation as a new source 
until after December 16, 2005, then a complete title V permit 
application must be submitted not later than 12 months after the date 
the unit commences operation as a new source.
    (b) If your new unit subject to this subpart is subject to title V 
as a result of some triggering requirement(s) other than this subpart 
(for example, a unit subject to this subpart may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraph (a) of this 
section. If more than one requirement triggers a source's obligation to 
apply for a title V permit, the 12-month timeframe for filing a title V 
permit application is triggered by the requirement that first causes the 
source to be subject to title V. (See section 503(c) of the Clean Air 
Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and 
(b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster 
                                Recovery



Sec. 60.2969  What are the requirements for temporary-use incinerators 
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority of 
the Stafford Act, has declared that an emergency or a major disaster 
exists in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within

[[Page 973]]

the boundaries of the same emergency or disaster declaration area, then 
it is excluded from the requirements of this subpart. You do not need to 
notify the Administrator of its use or meet the emission limitations or 
other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the unit 
as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials being 
burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator or air curtain incinerator must be operated for more 
than 8 weeks, and the amount of time for which you request permission to 
operate including the date you expect to cease operation of the unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) by the date specified in paragraph (b)(1), you may 
continue to operate the incinerator or air curtain incinerator for 
another 8 weeks, which is a total of 16 weeks from the date the unit 
started operation within the boundaries of the current emergency or 
disaster declaration area. You do not have to meet the emission 
limitations or other requirements of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, you must cease operation 
of the unit or comply with all requirements of this subpart, unless the 
Administrator has approved in writing your request to continue 
operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

 Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and 
                               Yard Waste



Sec. 60.2970  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open, integrated combustion chamber (fire box) 
or open pit or trench (trench burner) in which combustion occurs. For 
the purpose of this subpart and subpart FFFF of this part only, air 
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (4) of this section are required to meet only 
the requirements in Sec. Sec. 60.2970 through 60.2974 and are exempt 
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



Sec. 60.2971  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no

[[Page 974]]

later than 180 days after its initial startup, you must meet the two 
limitations specified in paragraphs (a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all 
times except during malfunctions.



Sec. 60.2972  How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec. 60.8.
    (c) After the initial test for opacity, conduct annual tests no more 
than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for 
more than 12 months following the date of the previous test, then you 
must conduct a test for opacity upon startup of the unit.



Sec. 60.2973  What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste, clean lumber,

and yard waste?

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section.
    (1) Notification of your intent to construct the air curtain 
incinerator.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) Keep records of results of all initial and annual opacity tests 
in either paper copy or computer-readable format that can be printed 
upon request, unless the Administrator approves another format, for at 
least 5 years. You must keep each record on site for at least 2 years. 
You may keep the records off site for the remaining 3 years.
    (c) Make all records available for submittal to the Administrator or 
for an inspector's review.
    (d) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports on site for a 
period of 5 years. You must keep each report on site for at least 2 
years. You may keep the reports off site for the remaining 3 years.



Sec. 60.2974  Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,

clean lumber, and 
          yard waste?

    Yes, if your air curtain incinerator is subject to this subpart, you 
are required to apply for and obtain a title V operating permit as 
specified in Sec. Sec. 60.2966 and 60.2967.

                                Equations



Sec. 60.2975  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 percent 
oxygen using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.000

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (b) Capacity of a very small municipal waste combustion unit. For 
very small municipal waste combustion units that can operate 
continuously for 24-hour periods, calculate the unit capacity based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:

[[Page 975]]

    (1) For very small municipal waste combustion units with a design 
based on heat input capacity, calculate the maximum charging rate based 
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts 
refuse-derived fuel, use a heating value of 12,800 kilojoules per 
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts 
municipal solid waste, use a heating value of 10,500 kilojoules per 
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design 
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit. 
Calculate the capacity of a batch OSWI unit as the maximum design amount 
of municipal solid waste it can charge per batch multiplied by the 
maximum number of batches it can process in 24 hours. Calculate the 
maximum number of batches by dividing 24 by the number of hours needed 
to process one batch. Retain fractional batches in the calculation. For 
example, if one batch requires 16 hours, the unit can combust 24/16, or 
1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant 
rates (Eh) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (Ea) for each 
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16DE05.001

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour 
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O2.

                               Definitions



Sec. 60.2977  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
FFFF of this part only, air curtain incinerators include both firebox 
and trench burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:

[[Page 976]]

    (1) Accepts, for incineration or disposal, less than 20 tons per day 
of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an interruption 
in access to surface transportation, preventing access to a Class I 
municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a 
landfill located in an area that annually receives 25 inches or less of 
precipitation.
    Class III municipal solid waste landfill is a landfill that is not 
connected by road to a Class I municipal solid waste landfill, as 
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by 
road, is located more than 50 miles from a Class I municipal solid waste 
landfill, and that accepts, for disposal, either of the following two 
criteria:
    (1) Ash from incinerated municipal waste in quantities less than 1 
ton per day on an annual average, which ash must be free of food scraps 
that might attract animals; or
    (2) Less than 5 tons per day of municipal solid waste, based on an 
annual average, and is not located in a place that meets either of the 
following criteria:
    (i) Where public access is restricted, including restrictions on the 
right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of employment 
and who do not consider the place to be their permanent residence.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote, or manufactured wood products 
that contain adhesives or resins (e.g., plywood, particle board, flake 
board, and oriented strand board).
    Collected from means the transfer of material from the site at which 
the material is generated to a separate site where the material is 
burned.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec. 60.2885, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any unit that meets the requirements in Sec. 
60.2885 and is required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.

[[Page 977]]

    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional 
waste also means solid waste (as defined in this subpart) combusted on 
site in an air curtain incinerator that is a distinct operating unit of 
any institutional facility.
    Institutional waste incineration unit means any combustion unit that 
combusts institutional waste (as defined in this subpart) and is a 
distinct operating unit of the institutional facility that generated the 
waste. Institutional waste incineration units include field-erected, 
modular, cyclonic burn barrel, and custom built incineration units 
operating with starved or excess air, and any air curtain incinerator 
that is a distinct operating unit of the institutional facility that 
generated the institutional waste (except those air curtain incinerators 
listed in Sec. 60.2888(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow 
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Metropolitan Statistical Area means any areas listed as metropolitan 
statistical areas in OMB Bulletin No. 05-02 entitled ``Update of 
Statistical Area Definitions and Guidance on Their Uses'' dated February 
22, 2005 (available on the Web at http://www.whitehouse.gov/omb/
bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) the term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) an 
incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec. 60.2887(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart FFFF of this part, any setting or equipment that 
combusts municipal solid waste (as defined in this subpart) including, 
but not limited to, field-erected, modular, cyclonic burn barrel, and 
custom built incineration

[[Page 978]]

units (with or without energy recovery) operating with starved or excess 
air, boilers, furnaces, pyrolysis/combustion units, and air curtain 
incinerators (except those air curtain incinerators listed in Sec. 
60.2888(b)).
    Other solid waste incineration (OSWI) unit means either a very small 
municipal waste combustion unit or an institutional waste incineration 
unit, as defined in this subpart. Unit types listed in Sec. 60.2887 as 
being excluded from the subpart are not OSWI units subject to this 
subpart. While not all OSWI units will include all of the following 
components, an OSWI unit includes, but is not limited to, the municipal 
or institutional solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom ash system. The OSWI 
unit does not include air pollution control equipment or the stack. The 
OSWI unit boundary starts at the municipal or institutional waste hopper 
(if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The OSWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Reconstruction means rebuilding an incineration unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous OSWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent OSWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch OSWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, agricultural operations, and from community activities, but does 
not include solid or dissolved material in domestic sewage, or solid or 
dissolved materials in irrigation return flows or industrial discharges 
that are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.

[[Page 979]]

    Very small municipal waste combustion unit means any municipal waste 
combustion unit that has the capacity to combust less than 35 tons per 
day of municipal solid waste or refuse-derived fuel, as determined by 
the calculations in Sec. 60.2975.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products 
that have been painted, pigment-stained, or pressure treated by 
compounds such as chromate copper arsenate, pentachlorophenol, and 
creosote, or manufactured wood products that contain adhesives or resins 
(e.g., plywood, particle board, flake board, and oriented strand board).
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.



      Sec. Table 1 to Subpart EEEE of Part 60--Emission Limitations

    As stated in Sec. 60.2915, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  40 parts per million by  3-run average (1 hour    Method 10, 10A, or 10B
                                        dry volume.              minimum sample time      of appendix A of this
                                                                 per run during           part and CEMS.
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS. \b\
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
                                        standard cubic meter.    minimum sample meter     of this part.
                                                                 time per run).
4. Hydrogen chloride.................  15 parts per million by  3-run average (1 hour    Method 26A of appendix
                                        dry volume.              minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of this part.
                                                                 hour test runs; i.e.,
                                                                 thirty 6-minute
                                                                 averages).
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Methods 7 and 7C only.
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of this
                                                                 per run).                part.

[[Page 980]]

 
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec. 60.17(h)) in
                                                                                          lieu of Method 6 only.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Calculated each hour as the average of the previous 12 operating hours.



     Sec. Table 2 to Subpart EEEE of Part 60--Operating Limits for 
                     Incinerators and Wet Scrubbers

    As stated in Sec. 60.2916, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating  parameters    these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                               rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units a.
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling a.
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling a.
4. Scrubber liquor pH...........  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling a.
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.



  Sec. Table 3 to Subpart EEEE of Part 60--Requirements for Continuous 
                   Emission Monitoring Systems (CEMS)

    As stated in Sec. 60.2940, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
    For the following  pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------



     Sec. Table 4 to Subpart EEEE of Part 60--Summary of Reporting 
                              Requirements

    As stated in Sec. 60.2951, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
               Report                       Due date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruction report..........  a. Prior to commencing  i. Statement of intent to    Sec. 60.2952.
                                      construction.           construct;.                 Sec. 60.2952.
                                                             ii. Anticipated date of
                                                              commencement of
                                                              onstruction;.
                                                             iii. Documentation for       Sec. 60.2952.
                                                              siting requirements;
                                                             iv. Waste management plan;   Sec. 60.2952.
                                                              and
                                                             v. Anticipated date of       Sec. 60.2952.
                                                              initial startup.
2. Startup notification............  a. Prior to initial     i. Types of waste to be      Sec. 60.2953.
                                      startup.                burned;                     Sec. 60.2953.
                                                             ii. Maximum design waste
                                                              burning capacity;.
                                                             iii. Anticipated maximum     Sec. 60.2953.
                                                              charge rate;
                                                             iv. If applicable, the       Sec. 60.2953.
                                                              petition for site-specific
                                                              operating limits; and
                                                             v. Anticipated date of       Sec. 60.2953.
                                                              initial startup.

[[Page 981]]

 
3. Initial test report.............  a. No later than 60     i. Complete test report for  Sec. 60.2954.
                                      days following the      the initial performance     ......................
                                      initial performance     test; and                   Sec. 60.2954.
                                      test.                  ii. The values for the site-
                                                              specific operating limits.
4. Annual report...................  a. No later than 12     i. Company Name and          Sec. Sec. 60.2955
                                      months following the    address;                     and 60.2956.
                                      submission of the      ...........................  ......................
                                      initial test report.   ii. Statement and signature  Sec. Sec. 60.2955
                                      Subsequent reports      by the owner or operator;.   and 60.2956.
                                      are to be submitted    iii. Date of report;.......  Sec. Sec. 60.2955
                                      no more than 12        ...........................   and 60.2956.
                                      months following the   iv. Values for the           ......................
                                      previous report.        operating limits;.          Sec. Sec. 60.2955
                                                             ...........................   and 60.2956.
                                                             v. If no deviations or       ......................
                                                              malfunctions were           Sec. Sec. 60.2955
                                                              reported, a statement that   and 60.2956.
                                                              no deviations occurred
                                                              during the reporting
                                                              period;.
                                                             vi. Highest and lowest       Sec. Sec. 60.2955
                                                              recorded 12-hour averages,   and 60.2956.
                                                              as applicable, for carbon
                                                              monoxide emissions and
                                                              highest and lowest
                                                              recorded 3-hour averages,
                                                              as applicable, for each
                                                              operating parameter
                                                              recorded for the calendar
                                                              year being reported;
                                                             vii. Information for         Sec. Sec. 60.2955
                                                              deviations or malfunctions   and 60.2956.
                                                              recorded under Sec.
                                                              60.2949(b)(6) and (c)
                                                              through (e);
                                                             viii. If a performance test  Sec. Sec. 60.2955
                                                              was conducted during the     and 60.2956.
                                                              reporting period, the
                                                              results of the test;
                                                             ix. If a performance test    Sec. Sec. 60.2955
                                                              was not conducted during     and 60.2956.
                                                              the reporting period, a
                                                              statement that the
                                                              requirements of Sec.
                                                              60.2934 (a) or (b) were
                                                              met; and
                                                             x. Documentation of periods  Sec. Sec. 60.2955
                                                              when all qualified OSWI      and 60.2956.
                                                              unit operators were
                                                              unavailable for more than
                                                              12 hours but less than 2
                                                              weeks.
5. Emission limitation or operating  a. By August 1 of that  i. Dates and times of        Sec. Sec. 60.2957
 limit deviation report.              year for data           deviation;                   and 60.2958.
                                      collected during the   ...........................  ......................
                                      first half of the      ii. Averaged and recorded    Sec. Sec. 60.2957
                                      calendar year. By       data for those dates;.       and 60.2958.
                                      February 1 of the      iii. Duration and causes of  Sec. Sec. 60.2957
                                      following year for      each deviation and the       and 60.2958.
                                      data collected during   corrective actions taken;.  ......................
                                      the second half of     iv. Copy of operating limit  Sec. Sec. 60.2957
                                      the calendar year.      monitoring data and any      and 60.2958.
                                                              test reports;.              ......................
                                                             v. Dates, times, and causes  Sec. Sec. 60.2957
                                                              for monitor downtimes        and 60.2958.
                                                              incidents;.                 ......................
                                                             vi. Whether each deviation   Sec. Sec. 60.2957
                                                              occurred during a period     and 60.2958.
                                                              of startup, shutdown, or
                                                              malfunction; and.
                                                             vii. Dates, times, and       Sec. Sec. 60.2957
                                                              durations of any bypass of   and 60.2958.
                                                              the control device.
6. Qualified operator deviation      a. Within 10 days of    i. Statement of cause of     Sec. 60.2959(a)(1).
 notification.                        deviation.              deviation;.                 Sec. 60.2959(a)(1)
                                                             ii. Description of efforts
                                                              to have an accessible
                                                              qualified operator; and.
                                                             iii. The date a qualified    Sec. 60.2959(a)(1).
                                                              operator will be
                                                              accessible.
7. Qualified operation deviation     a. Every 4 weeks        i. Description of efforts    Sec. 60.2959(a)(2).
 status report.                       following deviation.    to have an accessible       ......................
                                                              qualified operator;         Sec. 60.2959(a)(2).
                                                             ii. The date a qualified
                                                              operator will be
                                                              accessible; and.
                                                             iii. Request to continue     Sec. 60.2959(a)(2).
                                                              operation
8. Qualified operator deviation      a. Prior to resuming    i. Notification that you     Sec. 60.2959(b).
 notification of resumed operation.   operation.              are resuming operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.


[[Page 982]]


[70 FR 74892, Dec. 16, 2005, as amended at 71 FR 67806, Nov. 24, 2006]



 Subpart FFFF_Emission Guidelines and Compliance Times for Other Solid 
   Waste Incineration Units That Commenced Construction On or Before 
                            December 9, 2004

    Source: 70 FR 74907, Dec. 16, 2005, unless otherwise noted.

                              Introduction



Sec. 60.2980  What is the purpose of this subpart?

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



Sec. 60.2981  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing OSWI units 
or air curtain incinerators subject to this subpart as described in 
Sec. 60.2994(b) that commenced construction on or before December 9, 
2004, you must submit a State plan to the U.S. Environmental Protection 
Agency (EPA) that implements the emission guidelines contained in this 
subpart.
    (b) You must submit the State plan to EPA by December 18, 2006.



Sec. 60.2982  Is a State plan required for all States?

    No, you are not required to submit a State plan if there are no 
existing OSWI units or air curtain incinerators subject to this subpart 
as described in Sec. 60.2994(b) in your State and you submit a negative 
declaration letter in place of the State plan.



Sec. 60.2983  What must I include in my State plan?

    (a) You must include the following nine items in your State plan:
    (1) Inventory of affected incineration units, including those that 
have ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected incineration units in your 
State.
    (3) Compliance schedules for each affected incineration unit.
    (4) For each affected incineration unit, emission limitations, 
operator training and qualification requirements, a waste management 
plan, and operating parameter requirements that are at least as 
protective as the emission guidelines contained in this subpart.
    (5) Stack testing, recordkeeping, and reporting requirements.
    (6) Transcript of the public hearing on the State plan.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you selected 
for implementing the emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the 
sections 111(d) and 129 in your State plan.
    (b) Your State plan may deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your State 
plan does deviate, you must demonstrate that your State plan is at least 
as protective as the emission guidelines contained in this subpart. Your 
State plan must address regulatory applicability, compliance schedule, 
operator training and qualification, a waste management plan, emission 
limitations, stack testing, operating parameter requirements, 
monitoring, recordkeeping and reporting, and air curtain incinerator 
requirements.
    (c) You must follow the requirements of subpart B of this part 
(Adoption and Submittal of State Plans for Designated Facilities) in 
your State plan.



Sec. 60.2984  Is there an approval process for my State plan?

    Yes, EPA will review your State plan according to Sec. 60.27.



Sec. 60.2985  What if my State plan is not approvable?

    If you do not submit an approvable State plan (or a negative 
declaration

[[Page 983]]

letter) by December 17, 2007, EPA will develop a Federal plan according 
to Sec. 60.27 to implement the emission guidelines contained in this 
subpart. Owners and operators of incineration units not covered by an 
approved State plan must comply with the Federal plan. The Federal plan 
is an interim action and applies to units until a State plan covering 
those units is approved and becomes effective.



Sec. 60.2986  Is there an approval process for a negative declaration letter?

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



Sec. 60.2987  What compliance schedule must I include in my State plan?

    Your State plan must include compliance schedules that require OSWI 
units and air curtain incinerators subject to this subpart as described 
in Sec. 60.2994(b) to achieve final compliance as expeditiously as 
practicable after approval of the State plan but not later than the 
earlier of the following two dates:
    (a) December 16, 2010.
    (b) Three years after the effective date of State plan approval.



Sec. 60.2988  Are there any State plan requirements for this subpart
that apply instead of the requirements specified in

subpart B of this part?

    Yes, subpart B of this part establishes general requirements for 
developing and processing section 111(d) plans. This subpart applies 
instead of the requirements in subpart B of this part for the following:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all OSWI units and air curtain incinerators subject 
to this subpart as described in Sec. 60.2994(b) to comply by December 
16, 2010 or 3 years after the effective date of State plan approval, 
whichever is sooner. This applies instead of the option for case-by-case 
less stringent emission standards and longer compliance schedules in 
Sec. 60.24(f).
    (b) State plans developed to implement this subpart are required to 
include only one increment of progress for the affected incineration 
units. This increment is the final compliance date in Sec. 60.21(h)(5). 
This applies instead of the requirement of Sec. 60.24(e)(1).



Sec. 60.2989  Does this subpart directly affect incineration unit 
owners and operators in my State?

    (a) No, this subpart does not directly affect incineration unit 
owners and operators in your State. However, unit owners and operators 
must comply with the State plan you develop to implement the emission 
guidelines contained in this subpart.
    (b) If you do not submit an approvable plan to implement and enforce 
the guidelines contained in this subpart by December 17, 2007, EPA will 
implement and enforce a Federal plan, as provided in Sec. 60.2985, to 
ensure that each unit within your State reaches compliance with all the 
provisions of this subpart by December 16, 2010.



Sec. 60.2990  What Authorities are withheld by EPA?

    The following authorities are withheld by EPA and not transferred to 
the State, local or tribal agency:
    (1) Approval of alternatives to the emission limitations in table 2 
of this subpart and operating limits established under Sec. 60.3023 and 
table 3 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec. 
60.3024.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec. 60.3020(c)(2).

[[Page 984]]

                      Applicability of State Plans



Sec. 60.2991  What incineration units must I address in my State plan?

    Your State plan must address all incineration units in your State 
that meet all the requirements specified in paragraphs (a) through (c) 
of this section.
    (a) The incineration unit is an existing incineration unit as 
defined in Sec. 60.2992.
    (b) The incineration unit is an OSWI unit as defined in Sec. 
60.3078 or an air curtain incinerator subject to this subpart as 
described in Sec. 60.2994(b). OSWI units are very small municipal waste 
combustion units and institutional waste incineration units as defined 
in Sec. 60.3078.
    (c) The incineration unit is not excluded under Sec. 60.2993.



Sec. 60.2992  What is an existing incineration unit?

    An existing incineration unit is an OSWI unit or air curtain 
incinerator subject to this subpart that commenced construction on or 
before December 9, 2004, except as provided in paragraph (a) of this 
section.
    (a) If the owner or operator of an incineration unit makes changes 
that meet the definition of modification or reconstruction on or after 
June 16, 2006, the unit becomes subject to subpart EEEE of this part 
(New Source Performance Standards for Other Solid Waste Incineration 
Units) and the State plan no longer applies to that unit.
    (b) If the owner or operator of an existing incineration unit makes 
physical or operational changes to the unit primarily to comply with the 
State plan, then subpart EEEE of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart EEEE of this part.



Sec. 60.2993  Are any combustion units excluded from my State plan?

    This subpart excludes the types of units described in paragraphs (a) 
through (q) of this section, as long as the owner/operator meets the 
requirements of this section.
    (a) Cement kilns. The unit is excluded if it is regulated under 
subpart LLL of part 63 of this chapter (National Emission Standards for 
Hazardous Air Pollutants from the Portland Cement Manufacturing 
Industry).
    (b) Co-fired combustors. The unit, that would otherwise be 
considered a very small municipal waste combustion unit, is excluded if 
the owner/operator of the unit meets the five requirements specified in 
paragraphs (b)(1) through (5) of this section.
    (1) Has a Federally enforceable permit limiting the combustion of 
municipal solid waste to 30 percent of the total fuel input by weight.
    (2) Notifies the Administrator that the unit qualifies for the 
exclusion.
    (3) Provides the Administrator with a copy of the Federally 
enforceable permit.
    (4) Records the weights, each calendar quarter, of municipal solid 
waste and of all other fuels combusted.
    (5) Keeps each report for 5 years. These records must be kept on 
site for at least 2 years, but may be kept off site for the remaining 3 
years.
    (c) Cogeneration facilities. The unit is excluded if it meets the 
three requirements specified in paragraphs (c)(1) through (3) of this 
section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) The owner/operator of the unit notifies the Administrator that 
the unit meets all of these criteria.
    (d) Commercial and industrial solid waste incineration units. The 
unit is excluded if it is regulated under subparts CCCC or DDDD of this 
part or subpart III of part 62 and is required to meet the emission 
limitations established in those subparts.
    (e) Hazardous waste combustion units. The unit is excluded if it 
meets either of the two criteria specified in paragraph (e)(1) or (2) of 
this section.
    (1) The owner/operator of the unit is required to get a permit for 
the unit

[[Page 985]]

under section 3005 of the Solid Waste Disposal Act.
    (2) The unit is regulated under 40 CFR part 63, subpart EEE 
(National Emission Standards for Hazardous Air Pollutants from Hazardous 
Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. The unit is 
excluded if it is regulated under subparts Ce or Ec of this part (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators) or subpart HHH of part 62 
(Federal Plan for Hospital/Medical/Infectious Waste Incinerators 
constructed on or before June 20, 1996).
    (g) Incinerators and air curtain incinerators in isolated areas of 
Alaska. The incineration unit is excluded if it is used at a solid waste 
disposal site in Alaska that is classified as a Class II or Class III 
municipal solid waste landfill, as defined in Sec. 60.3078.
    (h) Rural institutional waste incinerators. The incineration unit is 
excluded if it is an institutional waste incinerator, as defined in 
Sec. 60.3078, and the application for exclusion described in paragraphs 
(h)(1) and (2) of this section has been approved by the Administrator.
    (1) Prior to 1 year before the final compliance date, an application 
and supporting documentation demonstrating that the institutional waste 
incineration unit meets the two requirements specified in paragraphs 
(h)(1)(i) and (ii) of this section must be submitted to the 
Administrator for approval.
    (i) The unit is located more than 50 miles from the boundary of the 
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are 
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section 
must be revised and resubmitted to the Administrator for approval every 
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2) 
of this section and were denied exclusion by the Administrator, you have 
3 years from the expiration date of the current exclusion to comply with 
the emission limits and all other applicable requirements of this 
subpart.
    (i) Institutional boilers and process heaters. The unit is excluded 
if it is regulated under 40 CFR part 63, subpart DDDDD (National 
Emission Standards for Hazardous Air Pollutants for Industrial, 
Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. The unit is excluded if it burns 
samples of materials only for the purpose of chemical or physical 
analysis.
    (k) Materials recovery units. The unit is excluded if it combusts 
waste for the primary purpose of recovering metals. Examples include 
primary and secondary smelters.
    (l) Pathological waste incineration units. The institutional waste 
incineration unit or very small municipal waste combustion unit is 
excluded from this subpart if it burns 90 percent or more by weight (on 
a calendar quarter basis and excluding the weight of auxiliary fuel and 
combustion air) of pathological waste, low-level radioactive waste, and/
or chemotherapeutic waste as defined in Sec. 60.3078 and the owner/
operator of the unit notifies the Administrator that the unit meets 
these criteria.
    (m) Small or large municipal waste combustion units. The unit is 
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb, of 
this part or subparts FFF or JJJ of part 62 and is required to meet the 
emission limitations established in those subparts.
    (n) Small power production facilities. The unit is excluded if it 
meets the three requirements specified in paragraphs (n)(1) through (3) 
of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) The owner/operator of the unit notifies the Administrator that 
the unit meets all of these criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in 
disaster recovery. The incineration unit is excluded if it is used on a 
temporary basis to combust debris from a disaster

[[Page 986]]

or emergency such as a tornado, hurricane, flood, ice storm, high winds, 
or act of bioterrorism and you comply with the requirements in Sec. 
60.3061.
    (p) Units that combust contraband or prohibited goods. The 
incineration unit is excluded if the unit is owned or operated by a 
government agency such as police, customs, agricultural inspection, or a 
similar agency to destroy only illegal or prohibited goods such as 
illegal drugs, or agricultural food products that can not be transported 
into the country or across state lines to prevent biocontamination. The 
exclusion does not apply to items either confiscated or incinerated by 
private, industrial, or commercial entities.
    (q) Incinerators used for national security. Your incineration unit 
is excluded if it meets the requirements specified in either (q)(1) or 
(2) of this section.
    (1) The incineration unit is used solely during military training 
field exercises to destroy national security materials integral to the 
field exercises.
    (2) The incineration unit is used solely to incinerate national 
security materials, its use is necessary to safeguard national security, 
you follow the exclusion request requirements in paragraphs (q)(2)(i) 
and (ii) of this section, and the Administrator has approved your 
request for exclusion.
    (i) The request for exclusion and supporting documentation must 
demonstrate both that the incineration unit is used solely to destroy 
national security materials and that a reliable alternative to 
incineration that ensures acceptable destruction of national security 
materials is unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to the 
Administrator prior to 1 year before the final compliance date.



Sec. 60.2994  Are air curtain incinerators regulated under this subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are subject to all requirements of this 
subpart, including the emission limitations specified in table 2 of this 
subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per 
day of the materials listed in paragraphs (b)(1) through (4) of this 
section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec. 60.3062 through 60.3069 and are exempt from all other 
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.

                      Model Rule--Use of Model Rule



Sec. 60.2996  What is the purpose of the ``model rule'' in this subpart?

    (a) The model rule provides the emission guidelines requirements in 
a standard regulation format. You must develop a State plan that is at 
least as protective as the model rule. You may use the model rule 
language as part of your State plan. Alternative language may be used in 
your State plan if you demonstrate that the alternative language is at 
least as protective as the model rule contained in this subpart.
    (b) In the ``model rule'' of Sec. Sec. 60.3000 through 60.3078, 
``you'' means the owner or operator of an OSWI unit or air curtain 
incinerator subject to this subpart.



Sec. 60.2997  How does the model rule relate to the required
elements of my State plan?

    Use the model rule to satisfy the State plan requirements specified 
in Sec. 60.2983(a)(4) and (5).



Sec. 60.2998  What are the principal components of the model rule?

    The model rule contains nine major components, as follows:
    (a) Compliance schedule.
    (b) Waste management plan.
    (c) Operator training and qualification.

[[Page 987]]

    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.

                     Model Rule--Compliance Schedule



Sec. 60.3000  When must I comply?

    Table 1 of this subpart specifies the final compliance date. You 
must submit a notification to the Administrator stating whether final 
compliance has been achieved, postmarked within 10 business days after 
the final compliance date in table 1 of this subpart.



Sec. 60.3001  What must I do if I close my OSWI unit and then
restart it?

    (a) If you close your OSWI unit but will reopen it prior to the 
final compliance date in your State plan, you must meet the final 
compliance date specified in table 1 of this subpart.
    (b) If you close your OSWI unit but will restart it after your final 
compliance date, you must complete emission control retrofit and meet 
the emission limitations on the date your OSWI unit restarts operation. 
You must conduct your initial performance test within 30 days of 
restarting your OSWI unit.



Sec. 60.3002  What must I do if I plan to permanently close my OSWI
unit and not restart it?

    You must close the unit before the final compliance date specified 
in table 1 of this subpart.

                    Model Rule--Waste Management Plan



Sec. 60.3010  What is a waste management plan?

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



Sec. 60.3011  When must I submit my waste management plan?

    You must submit a waste management plan no later than 60 days 
following the initial performance test as specified in table 5 of this 
subpart. Section 60.3031 specifies the date by which you are required to 
conduct your performance test.



Sec. 60.3012  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures and implement those measures the source considers practical and 
feasible, considering the effectiveness of waste management measures 
already in place, the costs of additional measures, the emissions 
reductions expected to be achieved, and any other environmental or 
energy impacts they might have.

             Model Rule--Operator Training and Qualification



Sec. 60.3014  What are the operator training and qualification 
requirements?

    (a) No OSWI unit can be operated unless a fully trained and 
qualified OSWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified OSWI 
unit operator may operate the OSWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified OSWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec. 60.3020.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 13 subjects listed in paragraphs (c)(1)(i) 
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.

[[Page 988]]

    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Methods to monitor pollutants (including monitoring of 
incinerator and control device operating parameters) and monitoring 
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec. 60.3015  When must the operator training course be completed?

    The operator training course must be completed by the latest of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date specified in table 1 of this subpart.
    (b) Six months after your OSWI unit startup.
    (c) Six months after an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.



Sec. 60.3016  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec. 60.3014(c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec. 60.3014(c)(2).



Sec. 60.3017  How do I maintain my operator qualification?

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



Sec. 60.3018  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.3017.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.3016(a).



Sec. 60.3019  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the nine topics 
described in paragraphs (a)(1) through (9) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.

[[Page 989]]

    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec. 60.3010 
through 60.3012.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted by the latest of three dates specified in 
paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date specified in table 1 of this subpart.
    (ii) Six months after your OSWI unit startup.
    (iii) Six months after an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted not later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have 
completed review of the information in paragraph (a) of this section as 
required by paragraph (b) of this section, including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec. 60.3014, met 
the criteria for qualification under Sec. 60.3016, and maintained or 
renewed their qualification under Sec. 60.3017 or Sec. 60.3018. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec. 60.3020  What if all the qualified operators are temporarily
not accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the three criteria specified in paragraphs (a) through 
(c) of this section, depending on the length of time that a qualified 
operator is not accessible.
    (a) When all qualified operators are not accessible for 12 hours or 
less, the OSWI unit may be operated by other plant personnel familiar 
with the operation of the OSWI unit who have completed review of the 
information specified in Sec. 60.3019(a) within the past 12 months. You 
do not need to notify the Administrator or include this as a deviation 
in your annual report.
    (b) When all qualified operators are not accessible for more than 12 
hours, but less than 2 weeks, the OSWI unit may be operated by other 
plant personnel familiar with the operation of the OSWI unit who have 
completed a review of the information specified in Sec. 60.3019(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec. 60.3051.
    (c) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA every 4 weeks outlining what you 
are doing to ensure that a qualified operator is accessible, stating 
when you anticipate that a qualified operator will be accessible and 
requesting approval from EPA to continue operation of the OSWI unit. You 
must submit the first

[[Page 990]]

status report 4 weeks after you notify the Administrator of the 
deviation under paragraph (c)(1) of this section. If EPA notifies you 
that your request to continue operation of the OSWI unit is disapproved, 
the OSWI unit may continue operation for 90 days, then must cease 
operation. Operation of the unit may resume if you meet the two 
requirements in paragraphs (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec. 
60.3014(a).
    (ii) You notify EPA that a qualified operator is accessible and that 
you are resuming operation.

          Model Rule--Emission Limitations and Operating Limits



Sec. 60.3022  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in table 2 of this 
subpart on the date the initial performance test is required or 
completed (whichever is earlier). Section 60.3031 specifies the date by 
which you are required to conduct your performance test.



Sec. 60.3023  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 3 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraphs (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
the average charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (ii) For batch units, maximum charge rate is the charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as the average pressure drop across the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the particulate matter emission limitations; or minimum amperage to the 
wet scrubber, which is calculated as the average amperage to the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the 
average liquor flow rate at the inlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the average 
liquor pH at the inlet to the wet scrubber measured during the most 
recent performance test demonstrating compliance with the hydrogen 
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the 
initial performance test beginning on the date 180 days after your final 
compliance date in table 1 of this subpart.



Sec. 60.3024  What if I do not use a wet scrubber to comply with 
the emission limitations?

    If you use an air pollution control device other than a wet scrubber 
or limit emissions in some other manner to comply with the emission 
limitations under Sec. 60.3022, you must petition EPA for specific 
operating limits, the values of which are to be established during the 
initial performance test and then continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by EPA. Your petition must include the five items 
listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.

[[Page 991]]

    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec. 60.3025  What happens during periods of startup, shutdown,
and malfunction?

    The emission limitations and operating limits apply at all times 
except during OSWI unit startups, shutdowns, or malfunctions.

                     Model Rule--Performance Testing



Sec. 60.3027  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in 
table 2 of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 2 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in Sec. 60.3076.
    (g) Method 26A of appendix A of this part must be used for hydrogen 
chloride concentration analysis, with the additional requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling using 
the procedure described in paragraphs (g)(1)(i) through (iii) of this 
section.
    (i) Assemble the sampling train(s) and conduct a conditioning run by 
collecting between 14 liters per minute (0.5 cubic feet per minute) and 
30 liters per minute (1.0 cubic feet per minute) of gas over a 1-hour 
period. Follow the sampling procedures outlined in section 8.1.5 of 
Method 26A of appendix A of this part. For the conditioning run, water 
can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with a 
fresh impinger train for the sampling run, leaving the probe and filter 
(and cyclone, if used) in position. Do not recover the filter or rinse 
the probe before the first run. Thoroughly rinse the impingers used in 
the preconditioning run with deionized water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack gas 
and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe and 
filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and 134 
[deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the 
requirements specified in paragraphs (g)(3)(i) and (ii) of this section 
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of appendix 
A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of this part must be used.



Sec. 60.3028  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 2 of this subpart.

[[Page 992]]

               Model Rule--Initial Compliance Requirements



Sec. 60.3030  How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 
Sec. 60.8, to determine compliance with the emission limitations in 
table 2 of this subpart and to establish operating limits using the 
procedure in Sec. 60.3023 or Sec. 60.3024. The initial performance 
test must be conducted using the test methods listed in table 2 of this 
subpart and the procedures in Sec. 60.3027.



Sec. 60.3031  By what date must I conduct the initial performance test?

    The initial performance test must be conducted no later than 180 
days after your final compliance date. Your final compliance date is 
specified in table 1 of this subpart.

             Model Rule--Continuous Compliance Requirements



Sec. 60.3033  How do I demonstrate continuous compliance with the
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the 
pollutants in table 2 of this subpart for each OSWI unit to determine 
compliance with the emission limitations. The annual performance test 
must be conducted using the test methods listed in table 2 of this 
subpart and the procedures in Sec. 60.3027.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values are used to determine compliance. A 
12-hour rolling average value above the carbon monoxide emission limit 
in table 2 constitutes a deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters specified 
in Sec. 60.3023 or established under Sec. 60.3024. Three-hour rolling 
average values are used to determine compliance with the operating 
limits unless a different averaging period is established under Sec. 
60.3024. A 3-hour rolling average value (unless a different averaging 
period is established under Sec. 60.3024) above the established maximum 
or below the established minimum operating limits constitutes a 
deviation from the established operating limits. Operating limits do not 
apply during performance tests.



Sec. 60.3034  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months following 
the initial performance test. Conduct subsequent annual performance 
tests within 12 months following the previous one.



Sec. 60.3035  May I conduct performance testing less often?

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



Sec. 60.3036  May I conduct a repeat performance test to establish 
new operating limits?

    Yes, you may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.

[[Page 993]]

                         Model Rule--Monitoring



Sec. 60.3038  What continuous emission monitoring systems
must I install?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You must 
monitor the oxygen concentration at each location where you monitor 
carbon monoxide.
    (b) You must install, evaluate, and operate each continuous emission 
monitoring system according to the ``Monitoring Requirements'' in Sec. 
60.13.



Sec. 60.3039  How do I make sure my continuous emission monitoring 
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure carbon monoxide 
and oxygen.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 180 days after your final compliance date in 
table 1 of this subpart.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your carbon monoxide and oxygen 
continuous emission monitoring systems. To validate carbon monoxide 
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of 
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. table 4 of this subpart shows the required 
span values and performance specifications that apply to each continuous 
emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.



Sec. 60.3040  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 12 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.



Sec. 60.3041  What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems, and is the

data collection 
          requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for carbon 
monoxide are in parts per million by dry volume at 7 percent oxygen. Use 
the 1-hour averages of oxygen data from your continuous emission 
monitoring system to determine the actual oxygen level and to calculate 
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle of 
operation (sampling, analyzing, and data recording) for each 15-minute 
period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for at least 90 percent of the operating days 
per calendar quarter. An operating day is any day the unit combusts any 
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you have deviated from the data collection 
requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations.
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to table 4 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data.

[[Page 994]]



Sec. 60.3042  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use Equation 1 in Sec. 60.3076 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec. 60.3076 to calculate the 12-hour rolling 
averages for concentrations of carbon monoxide.



Sec. 60.3043  What operating parameter monitoring equipment must I
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitations under Sec. 60.3022, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 3 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 3 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate a device or method for measuring the use of any 
stack that could be used to bypass the control device. The measurement 
must include the date, time, and duration of the use of the bypass 
stack.
    (c) If you are using a method or air pollution control device other 
than a wet scrubber to comply with the emission limitations under Sec. 
60.3022, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec. 60.3024.



Sec. 60.3044  Is there a minimum amount of operating parameter 
monitoring data I must obtain?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments of 
the monitoring system), you must conduct all monitoring at all times the 
OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent of 
the operating hours per day for at least 90 percent of the operating 
days per calendar quarter. An operating day is any day the unit combusts 
any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs (a) 
and (b) of this section, you have deviated from the data collection 
requirement regardless of the operating parameter level monitored.
    (d) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing compliance with the operating limits.

                 Model Rule--Recordkeeping and Reporting



Sec. 60.3046  What records must I keep?

    You must maintain the 14 items (as applicable) as specified in 
paragraphs (a) through (n) of this section for a period of at least 5 
years.
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8) 
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls 
other than wet scrubbers under Sec. 60.3024, you must maintain data 
collected for all operating parameters used to determine compliance with 
the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions 
and all 3-

[[Page 995]]

hour rolling average values of continuously monitored operating 
parameters.
    (8) Records of the dates, times, and durations of any bypass of the 
control device.
    (c) Identification of calendar dates and times for which continuous 
emission monitoring systems or monitoring systems used to monitor 
operating limits were inoperative, inactive, malfunctioning, or out of 
control (except for downtime associated with zero and span and other 
routine calibration checks). Identify the pollutant emissions or 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which monitoring 
data show a deviation from the carbon monoxide emissions limit in table 
2 of this subpart or a deviation from the operating limits in table 3 of 
this subpart or a deviation from other operating limits established 
under Sec. 60.3024 with a description of the deviations, reasons for 
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not 
collect the minimum amount of data required under Sec. Sec. 60.3041 and 
60.3044.
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your daily drift tests and quarterly accuracy 
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required 
under Sec. 60.3043.
    (i) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations and a 
description of the types of waste burned during the test.
    (j) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec. 60.3019(a) as required by 
Sec. 60.3019(b), including the date of the initial review and all 
subsequent annual reviews.
    (k) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec. 60.3014, met 
the criteria for qualification under Sec. 60.3016, and maintained or 
renewed their qualification under Sec. 60.3017 or Sec. 60.3018. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (l) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (m) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (n) The information listed in Sec. 60.3019(a).



Sec. 60.3047  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may 
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.



Sec. 60.3048  What reports must I submit?

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



Sec. 60.3049  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec. 60.3030, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec. 60.3023 or Sec. 60.3024.
    (c) The waste management plan, as specified in Sec. Sec. 60.3010 
through 60.3012.

[[Page 996]]



Sec. 60.3050  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec. 60.3049. You must submit 
subsequent reports no more than 12 months following the previous report.



Sec. 60.3051  What information must I include in my annual report?

    The annual report required under Sec. 60.3050 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec. 60.3052 
through 60.3054.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 40 
CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.3023 or Sec. 60.3024.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 12-
hour average, as applicable, for carbon monoxide emissions and the 
highest recorded 3-hour average and the lowest recorded 3-hour average, 
as applicable, for each operating parameter recorded for the calendar 
year being reported.
    (g) Information recorded under Sec. 60.3046(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec. 60.3035(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec. 60.3035(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators 
were unavailable for more than 12 hours, but less than 2 weeks.



Sec. 60.3052  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if any 
recorded 12-hour average carbon monoxide emission rate is above the 
emission limitation, if the control device was bypassed, or if a 
performance test was conducted that showed a deviation from any emission 
limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).



Sec. 60.3053  What must I include in the deviation report?

    In each report required under Sec. 60.3052, for any pollutant or 
operating parameter that deviated from the emission limitations or 
operating limits specified in this subpart, include the seven items 
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.

[[Page 997]]

    (e) The dates, times, number, duration, and causes for monitor 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.
    (g) The dates, times, and durations of any bypass of the control 
device.



Sec. 60.3054  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to EPA every 4 weeks that includes the 
three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from EPA to continue operation of the OSWI 
unit.
    (b) If your unit was shut down by EPA, under the provisions of Sec. 
60.3020(c)(2), due to a failure to provide an accessible qualified 
operator, you must notify EPA that you are resuming operation once a 
qualified operator is accessible.



Sec. 60.3055  Are there any other notifications or reports that
I must submit?

    Yes, you must submit notifications as provided by Sec. 60.7.



Sec. 60.3056  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.



Sec. 60.3057  Can reporting dates be changed?

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

                  Model Rule--Title V Operating Permits



Sec. 60.3059  Am I required to apply for and obtain a title V 
operating permit for my unit?

    Yes, if you are subject to an applicable EPA-approved and effective 
Clean Air Act section 111(d)/129 State or Tribal plan or an applicable 
and effective Federal plan, you are required to apply for and obtain a 
title V operating permit unless you meet the relevant requirements for 
an exemption specified in Sec. 60.2993.



Sec. 60.3060  When must I submit a title V permit application for
my existing unit?

    (a)(1) If your existing unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted on or before the earlier of the dates specified in paragraphs 
(a)(1)(i) through (iii) of this section. (See sections 129(e), 503(c), 
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 
CFR 71.5(a)(1)(i).)
    (i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
    (ii) 12 months after the effective date of any applicable Federal 
plan.
    (iii) December 16, 2008.
    (2) For any existing unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of 
whether or when any applicable Federal plan is effective, or whether or 
when any applicable Clean

[[Page 998]]

Air Act section 111(d)/129 State or Tribal plan is approved by EPA and 
becomes effective.
    (b) If your existing unit is subject to title V as a result of some 
triggering requirement(s) other than those specified in paragraph (a) of 
this section (for example, a unit may be a major source or part of a 
major source), then your unit may be required to apply for a title V 
permit prior to the deadlines specified in paragraph (a). If more than 
one requirement triggers a source's obligation to apply for a title V 
permit, the 12-month timeframe for filing a title V permit application 
is triggered by the requirement which first causes the source to be 
subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR 
70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 
CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators Used 
                          in Disaster Recovery



Sec. 60.3061  What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority of 
the Stafford Act, has declared that an emergency or a major disaster 
exists in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within the boundaries of the same emergency or disaster 
declaration area, then it is excluded from the requirements of this 
subpart. You do not need to notify the Administrator of its use or meet 
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the unit 
as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials being 
burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator or air curtain incinerator must be operated for more 
than 8 weeks, and the amount of time for which you request permission to 
operate including the date you expect to cease operation of the unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) by the date specified in paragraph (b)(1), you may 
continue to operate the incinerator or air curtain incinerator for 
another 8 weeks, which

[[Page 999]]

is a total of 16 weeks from the date the unit started operation within 
the boundaries of the current emergency or disaster declaration area. 
You do not have to meet the emission limitations or other requirements 
of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, you must cease operation 
of the unit or comply with all requirements of this subpart, unless the 
Administrator has approved in writing your request to continue 
operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

 Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean 
                         Lumber, and Yard Waste



Sec. 60.3062  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open, integrated combustion chamber (fire box) 
or open pit or trench (trench burner) in which combustion occurs. For 
the purpose of this subpart and subpart EEEE of this part only, air 
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (4) of this section are required to meet only 
the requirements in Sec. Sec. 60.3062 through 60.3069 and are exempt 
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



Sec. 60.3063  When must I comply if my air curtain incinerator burns
only wood waste, clean lumber, and yard waste?

    Table 1 of this subpart specifies the final compliance date. You 
must submit a notification to the Administrator postmarked within 10 
business days after the final compliance date in table 1 of this 
subpart.



Sec. 60.3064  What must I do if I close my air curtain incinerator 
that burns only wood waste, clean lumber, and yard waste and 

then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in your State plan, you must meet the final 
compliance date specified in table 1 of this subpart.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must meet the emission limitations on the 
date your incinerator restarts operation.



Sec. 60.3065  What must I do if I plan to permanently close my air
curtain incinerator that burns only wood waste, clean lumber, and 

yard waste and not restart 
          it?

    You must close the unit before the final compliance date specified 
in table 1 of this subpart.



Sec. 60.3066  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 180 days after your final compliance date in table 1 of 
this subpart, you must meet the two limitations specified in paragraphs 
(a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all 
times except during malfunctions.

[[Page 1000]]



Sec. 60.3067  How must I monitor opacity for air curtain incinerators
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec. 60.8 
within 180 days after the final compliance date in table 1 of this 
subpart.
    (c) After the initial test for opacity, conduct annual tests no more 
than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for 
more than 12 months following the date of your previous test, then you 
must conduct a test for opacity upon startup of the unit.



Sec. 60.3068  What are the recordkeeping and reporting requirements
for air curtain incinerators that burn only wood waste,

clean lumber, and yard waste?

    (a) Keep records of results of all initial and annual opacity tests 
in either paper copy or computer-readable format that can be printed 
upon request, unless the Administrator approves another format, for at 
least 5 years. You must keep each record on site for at least 2 years. 
You may keep the records off site for the remaining 3 years.
    (b) Make all records available for submittal to the Administrator or 
for an inspector's review.
    (c) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (d) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (e) Keep a copy of the initial and annual reports for a period of 5 
years. You must keep each report on site for at least 2 years. You may 
keep the reports off site for the remaining 3 years.



Sec. 60.3069  Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,

clean lumber, and 
          yard waste?

    Yes, if your air curtain incinerator is subject to this subpart, you 
are required to apply for and obtain a title V operating permit as 
specified in Sec. Sec. 60.3059 and 60.3060.

                          Model Rule--Equations



Sec. 60.3076  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 percent 
oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.002

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (b) Capacity of a very small municipal waste combustion unit. For 
very small municipal waste combustion units that can operate 
continuously for 24-hour periods, calculate the unit capacity based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design 
based on heat input capacity, calculate the maximum charging rate based 
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts 
refuse-derived fuel, use a heating value of 12,800 kilojoules per 
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts 
municipal solid waste, use a heating value of 10,500 kilojoules per 
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design 
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit. 
Calculate

[[Page 1001]]

the capacity of a batch OSWI unit as the maximum design amount of 
municipal solid waste it can charge per batch multiplied by the maximum 
number of batches it can process in 24 hours. Calculate the maximum 
number of batches by dividing 24 by the number of hours needed to 
process one batch. Retain fractional batches in the calculation. For 
example, if one batch requires 16 hours, the OSWI unit can combust 24/
16, or 1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant 
rates (Eh) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (Ea) for each 
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16DE05.003

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour 
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O2.

                         Model Rule--Definitions



Sec. 60.3078  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
EEEE only, air curtain incinerators include both firebox and trench 
burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per day 
of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an interruption 
in access to surface transportation, preventing access to a Class I 
municipal solid waste landfill; or

[[Page 1002]]

    (ii) Has no practicable waste management alternative, with a 
landfill located in an area that annually receives 25 inches or less of 
precipitation.
    Class III municipal solid waste landfill is a landfill that is not 
connected by road to a Class I municipal solid waste landfill, as 
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by 
road, is located more than 50 miles from a Class I municipal solid waste 
landfill, and that accepts, for disposal, either of the following two 
criteria:
    (1) Ash from incinerated municipal waste in quantities less than one 
ton per day on an annual average, which ash must be free of food scraps 
that might attract animals; or
    (2) Less than five tons per day of municipal solid waste, based on 
an annual average, and is not located in a place that meets either of 
the following criteria:
    (i) Where public access is restricted, including restrictions on the 
right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of employment 
and who do not consider the place to be their permanent residence.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote, or manufactured wood products 
that contain adhesives or resins (e.g., plywood, particle board, flake 
board, and oriented strand board).
    Collected from means the transfer of material from the site at which 
the material is generated to a separate site where the material is 
burned.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec. 60.2991, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any unit that meets requirements in Sec. 60.2991 
and is required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: Whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional 
waste also means solid waste (as defined in this subpart) combusted on

[[Page 1003]]

site in an air curtain incinerator that is a distinct operating unit of 
any institutional facility.
    Institutional waste incineration unit means any combustion unit that 
combusts institutional waste (as defined in this subpart) and is a 
distinct operating unit of the institutional facility that generated the 
waste. Institutional waste incineration units include field-erected, 
modular, cyclonic burn barrel, and custom built incineration units 
operating with starved or excess air, and any air curtain incinerator 
that is a distinct operating unit of the institutional facility that 
generated the institutional waste (except those air curtain incinerators 
listed in Sec. 60.2994(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow 
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Metropolitan Statistical Area means any areas listed as metropolitan 
statistical areas in OMB Bulletin No. 05-02 entitled ``Update of 
Statistical Area Definitions and Guidance on Their Uses'' dated February 
22, 2005 (available on the Web at http://www.whitehouse.gov/omb/
bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the OSWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) The term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) an 
incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec. 60.2993(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart EEEE, any setting or equipment that combusts 
municipal solid waste (as defined in this subpart) including, but not 
limited to, field-erected, modular, cyclonic burn barrel, and custom 
built incineration units (with or without energy recovery) operating 
with starved or excess air, boilers, furnaces, pyrolysis/combustion 
units, and air curtain incinerators (except those air curtain 
incinerators listed in Sec. 60.2994(b)).
    Other solid waste incineration (OSWI) unit means either a very small 
municipal waste combustion unit or an institutional waste incineration 
unit, as defined in this subpart. Unit types listed in Sec. 60.2993 as 
being excluded from the subpart are not OSWI units subject to this 
subpart. While not all OSWI units will include all of the following 
components, an OSWI unit includes, but is not limited to, the municipal 
or institutional solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom

[[Page 1004]]

ash system. The OSWI unit does not include air pollution control 
equipment or the stack. The OSWI unit boundary starts at the municipal 
or institutional waste hopper (if applicable) and extends through two 
areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The OSWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Reconstruction means rebuilding an incineration unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous OSWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent OSWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch OSWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, agricultural operations, and from community activities, but does 
not include solid or dissolved material in domestic sewage, or solid or 
dissolved materials in irrigation return flows or industrial discharges 
that are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.
    Very small municipal waste combustion unit means any municipal waste 
combustion unit that has the capacity to combust less than 35 tons per 
day of municipal solid waste or refuse-derived fuel, as determined by 
the calculations in Sec. 60.3076.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees,

[[Page 1005]]

tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, 
millings, and shavings. Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products 
that have been painted, pigment-stained, or pressure treated by 
compounds such as chromate copper arsenate, pentachlorophenol, and 
creosote, or manufactured wood products that contain adhesives or resins 
(e.g., plywood, particle board, flake board, and oriented strand board).
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.



Sec. Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule

    As stated in Sec. 60.3000, you must comply with the following:

------------------------------------------------------------------------
           Complete this action                    By this date a
------------------------------------------------------------------------
Final compliance b........................  (Dates to be specified in
                                             State plan) c.
------------------------------------------------------------------------
a Site-specific schedules can be used at the discretion of the State.
b Final compliance means that you complete all process changes and
  retrofit of control devices so that, when the incineration unit is
  brought on line, all process changes and air pollution control devices
  necessary to meet the emission limitations operate as designed.
c The date can be no later than 3 years after the effective date of
  State plan approval or December 16, 2010, whichever is earlier.



     Sec. Table 2 to Subpart FFFF of Part 60--Model Rule--Emission 
                               Limitations

    As stated in Sec. 60.3022, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                                                                            And determining
       For the air pollutant          You must meet this    Using this averaging time    compliance using this
                                     emission limitationa                                        method
----------------------------------------------------------------------------------------------------------------
1. Cadmium........................  18 micrograms per dry  3-run average (1 hour       Method 29 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).
2. Carbon monoxide................  40 parts per million   3-run average (1 hour       Method 10, 10A, or 10B of
                                     by dry volume.         minimum sample time per     appendix A of this part
                                                            run during performance      and CEMS.
                                                            test), and 12-hour
                                                            rolling averages measured
                                                            using CEMS b.
3. Dioxins/furans (total basis)...  33 nanograms per dry   3-run average (1 hour       Method 23 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).
4. Hydrogen chloride..............  15 parts per million   3-run average (1 hour       Method 26A of appendix A
                                     by dry volume.         minimum sample time per     of this part.
                                                            run).
5. Lead...........................  226 micrograms per     3-run average (1 hour       Method 29 of appendix A
                                     dry standard cubic     minimum sample time per     of this part.
                                     meter.                 run).
6. Mercury........................  74 micrograms per dry  3-run average (1 hour       Method 29 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).
7. Opacity........................  10 percent...........  6-minute average (observe   Method 9 of appendix A of
                                                            over three 1-hour test      this part.
                                                            runs; i.e., thirty 6-
                                                            minute averages).
8. Oxides of nitrogen.............  103 parts per million  3-run average (1 hour       Method 7, 7A, 7C, 7D, or
                                     by dry volume.         minimum sample time per     7E of appendix A of this
                                                            run).                       part, or ANSI/ASME PTC
                                                                                        19.10-1981 (IBR, see
                                                                                        Sec. 60.17(h)) in lieu
                                                                                        of Methods 7 and 7C
                                                                                        only.
9. Particulate matter.............  0.013 grains per dry   3-run average (1 hour       Method 5 or 29 of
                                     standard cubic foot.   minimum sample time per     appendix A of this part.
                                                            run).

[[Page 1006]]

 
10. Sulfur dioxide................  3.1 parts per million  3-run average (1 hour       Method 6 or 6C of
                                     by dry volume.         minimum sample time per     appendix A of this part,
                                                            run).                       or ANSI/ASME PTC 19.10-
                                                                                        1981 (IBR, see Sec.
                                                                                        60.17(h)) in lieu of
                                                                                        Method 6 only.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
b Calculated each hour as the average of the previous 12 operating hours.



 Sec. Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits 
                   for Incinerators and Wet Scrubbers

    As stated in Sec. 60.3023, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                                            And monitoring using these minimum frequencies
 For these operating parameters   You must establish -----------------------------------------------------------
                                   operating limits    Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                               rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units. a
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling. a
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling. a
4. Scrubber liquor pH...........  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling. a
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.



 Sec. Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for 
              Continuous Emission Monitoring Systems (CEMS)

    As stated in Sec. 60.3039, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------



  Sec. Table 5 to Subpart FFFF of the Part 60--Model Rule--Summary of 
                         Reporting Requirements

    As stated in Sec. 60.3048, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
               Report                         Due date                  Contents                Reference
----------------------------------------------------------------------------------------------------------------
1. Initial test report..............  a. No later than 60 days  i. Complete test report  Sec. 60.3049.
                                       following the initial     for the initial
                                       performance test          performance test; and.
                                      ........................  ii. The values for the   Sec. 60.3049.
                                                                 site-specific
                                                                 operating limits.
2. Waste management plan............  a. No later than 60 days  i. Reduction or          Sec. Sec. 60.3010
                                       following the initial     separation of            through 60.3012.
                                       performance test          recyclable materials;
                                                                 and.
                                      ........................  ii. Identification of    Sec. Sec. 60.3010
                                                                 additional waste         through 60.3012.
                                                                 management measures
                                                                 and how they will be
                                                                 implemented.

[[Page 1007]]

 
3. Annual Report....................  a. No later than 12       i. Company Name and      Sec. Sec. 60.3050
                                       months following the      address;.                and 60.3051.
                                       submission of the
                                       initial test report.
                                       Subsequent reports are
                                       to be submitted no more
                                       than 12 months
                                       following the previous
                                       report
                                      ........................  ii. Statement and        Sec. Sec. 60.3050
                                                                 signature by the owner   and 60.3051.
                                                                 or operator;.
                                      ........................  iii. Date of report;...  Sec. Sec. 60.3050
                                                                                          and 60.3051.
                                      ........................  iv. Values for the       Sec. Sec. 60.3050
                                                                 operation limits;.       and 60.3051.
                                      ........................  v. If no deviations or   Sec. Sec. 60.3050
                                                                 malfunctions were        and 60.3051.
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period;.
                                      ........................  vi. Highest and lowest   Sec. Sec. 60.3050
                                                                 recorded 12-hour         and 60.3051.
                                                                 averages, as
                                                                 applicable, for carbon
                                                                 monoxide emissions and
                                                                 highest and lowest
                                                                 recorded 3-hour
                                                                 averages, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported;.
                                      ........................  vii. Information for     Sec. Sec. 60.3050
                                                                 deviations or            and 60.3051.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 60.2949(b)(6) and (c)
                                                                 through (e);.
                                      ........................  viii. If a performance   Sec. Sec. 60.3050
                                                                 test was conducted       and 60.3051.
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test;.
                                      ........................  ix. If a performance     Sec. Sec. 60.3050
                                                                 test was not conducted   and 60.3051.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec. 60.2934(a)
                                                                 or (b) were met; and.
                                      ........................  x. Documentation of      Sec. Sec. 60.3050
                                                                 periods when all         and 60.3051.
                                                                 qualified OSWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 12 hours but less
                                                                 than 2 weeks.
4. Emission limitation or operating   a. By August 1 of that    i. Dates and times of    Sec. Sec. 60.3052
 limit deviation report.               year for data collected   deviation;.              and 60.3053.
                                       during the first half
                                       of the calendar year.
                                       By February 1 of the
                                       following year for data
                                       collected during the
                                       second half of the
                                       calendar year
                                      ........................  ii. Averaged and         Sec. Sec. 60.3052
                                                                 recorded data for        and 60.3053.
                                                                 those dates;.
                                      ........................  iii. Duration and        Sec. Sec. 60.3052
                                                                 causes of each           and 60.3053.
                                                                 deviation and the
                                                                 corrective actions
                                                                 taken..
                                      ........................  iv. Copy of operating    Sec. Sec. 60.3052
                                                                 limit monitoring data    and 60.3053.
                                                                 and any test reports;.
                                      ........................  v. Dates, times, and     Sec. Sec. 60.3052
                                                                 causes for monitor       and 60.3053.
                                                                 downtime incidents;.
                                      ........................  vi. Whether each         Sec. Sec. 60.3052
                                                                 deviation occurred       and 60.3053.
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction; and.
                                      ........................  vii. Dates, times, and   Sec. Sec. 60.3052
                                                                 duration of any bypass   and 60.3053.
                                                                 of the control device.
5. Qualified operator deviation       a. Within 10 days of      i. Statement of cause    Sec. 60.3054(a)(1).
 notification.                         deviation                 of deviation;.

[[Page 1008]]

 
                                      ........................  ii. Description of       Sec. 60.3054(a)(1).
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator; and.
                                      ........................  iii. The date a          Sec. 60.3054(a)(1).
                                                                 qualified operator
                                                                 will be accessible.
6. Qualified operation deviation      a. Every 4 weeks          i. Description of        Sec. 60.3054(a)(2).
 status report.                        following deviation       efforts to have an
                                                                 accessible qualified
                                                                 operator;.
                                      ........................  ii. The date a           Sec. 60.3054(a)(2).
                                                                 qualified operator
                                                                 will be accessible;
                                                                 and.
                                      ........................  iii. Request to          Sec. 60.3054(a)(2).
                                                                 continue operation.
7. Qualified operator deviation       a. Prior to resuming      i. Notification that     Sec. 60.3054(b).
 notification of resumed operation.    operation                 you are resuming
                                                                 operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.


[70 FR 74907, Dec. 16, 2005, as amended at 71 FR 67806, Nov. 24, 2006]

Subpart GGGG [Reserved]



  Subpart HHHH_Emission Guidelines and Compliance Times for Coal-Fired 
                     Electric Steam Generating Units

    Source: 70 FR 28657, May 18, 2005, unless otherwise noted.

              Hg Budget Trading Program General Provisions



Sec. 60.4101  Purpose.

    This subpart establishes the model rule comprising general 
provisions and the designated representative, permitting, allowance, and 
monitoring provisions for the State mercury (Hg) Budget Trading Program, 
under section 111 of the Clean Air Act (CAA) and Sec. 60.24(h)(6), as a 
means of reducing national Hg emissions. The owner or operator of a unit 
or a source shall comply with the requirements of this subpart as a 
matter of Federal law only if the State with jurisdiction over the unit 
and the source incorporates by reference this subpart or otherwise 
adopts the requirements of this subpart in accordance with Sec. 
60.24(h)(6), the State submits to the Administrator one or more 
revisions of the State plan that include such adoption, and the 
Administrator approves such revisions. If the State adopts the 
requirements of this subpart in accordance with Sec. 60.24(h)(6), then 
the State authorizes the Administrator to assist the State in 
implementing the Hg Budget Trading Program by carrying out the functions 
set forth for the Administrator in this subpart.



Sec. 60.4102  Definitions.

    The terms used in this subpart shall have the meanings set forth in 
this section as follows:
    Account number means the identification number given by the 
Administrator to each Hg Allowance Tracking System account.
    Acid rain emissions limitation means a limitation on emissions of 
sulfur dioxide or nitrogen oxides under the Acid Rain Program.
    Acid Rain Program means a multi-state sulfur dioxide and nitrogen 
oxides air pollution control and emission reduction program established 
by the Administrator under title IV of the CAA and parts 72 through 78 
of this chapter.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or the Administrator's duly authorized 
representative.
    Allocate or allocation means the determination by the permitting 
authority or the Administrator of the amount of Hg allowances to be 
initially credited to a Hg Budget unit or a new unit set-aside under 
Sec. Sec. 60.4140 through 60.4142.
    Allowance transfer deadline means, for a control period, midnight of 
March 1, if it is a business day, or, if March 1 is not a business day, 
midnight of the first business day thereafter immediately following the 
control period and is the deadline by which a Hg allowance transfer must 
be submitted for

[[Page 1009]]

recordation in a Hg Budget source's compliance account in order to be 
used to meet the source's Hg Budget emissions limitation for such 
control period in accordance with Sec. 60.4154.
    Alternate Hg designated representative means, for a Hg Budget source 
and each Hg Budget unit at the source, the natural person who is 
authorized by the owners and operators of the source and all such units 
at the source in accordance with Sec. Sec. 60.4110 through 60.4114, to 
act on behalf of the Hg designated representative in matters pertaining 
to the Hg Budget Trading Program.
    Automated data acquisition and handling system or DAHS means that 
component of the continuous emission monitoring system (CEMS), or other 
emissions monitoring system approved for use under Sec. Sec. 60.4170 
though 60.4176, designed to interpret and convert individual output 
signals from pollutant concentration monitors, flow monitors, diluent 
gas monitors, and other component parts of the monitoring system to 
produce a continuous record of the measured parameters in the 
measurement units required Sec. Sec. 60.4170 through 60.4176.
    Biomass means--(1) Any organic material grown for the purpose of 
being converted to energy;
    (2) Any organic byproduct of agriculture that can be converted into 
energy; or
    (3) Any material that can be converted into energy and is 
nonmerchantable for other purposes, that is segregated from other 
nonmerchantable material, and that is;
    (i) A forest-related organic resource, including mill residues, 
precommercial thinnings, slash, brush, or byproduct from conversion of 
trees to merchantable material; or
    (ii) A wood material, including pallets, crates, dunnage, 
manufacturing and construction materials (other than pressure-treated, 
chemically-treated, or painted wood products), and landscape or right-
of-way tree trimmings.
    Boiler means an enclosed fossil-or other fuel-fired combustion 
device used to produce heat and to transfer heat to recirculating water, 
steam, or other medium.
    Bottoming-cycle cogeneration unit means a cogeneration unit in which 
the energy input to the unit is first used to produce useful thermal 
energy and at least some of the reject heat from the useful thermal 
energy application or process is then used for electricity production.
    CAIR NOX Annual Trading Program means a multi-state nitrogen oxides 
air pollution control and emission reduction program approved and 
administered by the Administrator in accordance with subparts AA through 
II of part 96 of this chapter and Sec. 51.123 of this chapter, as a 
means of mitigating interstate transport of fine particulates and 
nitrogen oxides.
    CAIR NOX Ozone Season Trading Program means a multi-state nitrogen 
oxides air pollution control and emission reduction program approved and 
administered by the Administrator in accordance with subparts AAAA 
through IIII of part 96 of this chapter and Sec. 51.123 of this 
chapter, as a means of mitigating interstate transport of ozone and 
nitrogen oxides.
    CAIR SO2 Trading Program means a multi-state sulfur dioxide air 
pollution control and emission reduction program approved and 
administered by the Administrator in accordance with subparts AAA 
through III of part 96 of this chapter and Sec. 51.124 of this chapter, 
as a means of mitigating interstate transport of fine particulates and 
sulfur dioxide.
    Clean Air Act or CAA means the Clean Air Act, 42 U.S.C. 7401, et 
seq.
    Coal means any solid fuel classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials (ASTM) Standard Specification for Classification of Coals by 
Rank D388-77, 90, 91, 95, 98a, or 99 (Reapproved 2004)[egr]\1\ 
(incorporated by reference, see Sec. 60.17).
    Coal-derived fuel means any fuel (whether in a solid, liquid, or 
gaseous state) produced by the mechanical, thermal, or chemical 
processing of coal.
    Coal-fired means combusting any amount of coal or coal-derived fuel, 
alone or in combination with any amount of any other fuel, during any 
year.
    Cogeneration unit means a stationary, coal-fired boiler or 
stationary, coal-fired combustion turbine:

[[Page 1010]]

    (1) Having equipment used to produce electricity and useful thermal 
energy for industrial, commercial, heating, or cooling purposes through 
the sequential use of energy; and
    (2) Producing during the 12-month period starting on the date the 
unit first produces electricity and during any calendar year after which 
the unit first produces electricity:
    (i) For a topping-cycle cogeneration unit,
    (A) Useful thermal energy not less than 5 percent of total energy 
output; and
    (B) Useful power that, when added to one-half of useful thermal 
energy produced, is not less then 42.5 percent of total energy input, if 
useful thermal energy produced is 15 percent or more of total energy 
output, or not less than 45 percent of total energy input, if useful 
thermal energy produced is less than 15 percent of total energy output.
    (ii) For a bottoming-cycle cogeneration unit, useful power not less 
than 45 percent of total energy input;
    (3) Provided that the total energy input under paragraphs (2)(i)(B) 
and (2)(ii) of this definition shall equal the unit's total energy input 
from all fuel except biomass if the unit is a boiler.
    Combustion turbine means:
    (1) An enclosed device comprising a compressor, a combustor, and a 
turbine and in which the flue gas resulting from the combustion of fuel 
in the combustor passes through the turbine, rotating the turbine; and
    (2) If the enclosed device under paragraph (1) of this definition is 
combined cycle, any associated heat recovery steam generator and steam 
turbine.
    Commence commercial operation means, with regard to a unit serving a 
generator:
    (1) To have begun to produce steam, gas, or other heated medium used 
to generate electricity for sale or use, including test generation, 
except as provided in Sec. 60.4105.
    (i) For a unit that is a Hg Budget unit under Sec. 60.4104 on the 
date the unit commences commercial operation as defined in paragraph (1) 
of this definition and that subsequently undergoes a physical change 
(other than replacement of the unit by a unit at the same source), such 
date shall remain the unit's date of commencement of commercial 
operation.
    (ii) For a unit that is a Hg Budget unit under Sec. 60.4104 on the 
date the unit commences commercial operation as defined in paragraph (1) 
of this definition and that is subsequently replaced by a unit at the 
same source (e.g., repowered), the replacement unit shall be treated as 
a separate unit with a separate date for commencement of commercial 
operation as defined in paragraph (1) or (2) of this definition as 
appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as 
provided in Sec. 60.4105, for a unit that is not a Hg Budget unit under 
Sec. 60.4104 on the date the unit commences commercial operation as 
defined in paragraph (1) of this definition, the unit's date for 
commencement of commercial operation shall be the date on which the unit 
becomes a Hg Budget unit under Sec. 60.4104.
    (i) For a unit with a date for commencement of commercial operation 
as defined in paragraph (2) of this definition and that subsequently 
undergoes a physical change (other than replacement of the unit by a 
unit at the same source), such date shall remain the unit's date of 
commencement of commercial operation.
    (ii) For a unit with a date for commencement of commercial operation 
as defined in paragraph (2) of this definition and that is subsequently 
replaced by a unit at the same source (e.g., repowered), the replacement 
unit shall be treated as a separate unit with a separate date for 
commencement of commercial operation as defined in paragraph (1) or (2) 
of this definition as appropriate.
    Commence operation means:
    (1) To have begun any mechanical, chemical, or electronic process, 
including, with regard to a unit, start-up of a unit's combustion 
chamber, except as provided in Sec. 60.4105.
    (i) For a unit that is a Hg Budget unit under Sec. 60.4104 on the 
date the unit commences operation as defined in paragraph (1) of this 
definition and that subsequently undergoes a physical change (other than 
replacement of the unit by a unit at the same source), such date shall 
remain the unit's date of commencement of operation.

[[Page 1011]]

    (ii) For a unit that is a Hg Budget unit under Sec. 60.4104 on the 
date the unit commences operation as defined in paragraph (1) of this 
definition and that is subsequently replaced by a unit at the same 
source (e.g., repowered), the replacement unit shall be treated as a 
separate unit with a separate date for commencement of operation as 
defined in paragraph (1) or (2) of this definition as appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as 
provided in Sec. 60.4105, for a unit that is not a Hg Budget unit under 
Sec. 60.4104 on the date the unit commences operation as defined in 
paragraph (1) of this definition, the unit's date for commencement of 
operation shall be the date on which the unit becomes a Hg Budget unit 
under Sec. 60.4104.
    (i) For a unit with a date for commencement of operation as defined 
in paragraph (2) of this definition and that subsequently undergoes a 
physical change (other than replacement of the unit by a unit at the 
same source), such date shall remain the unit's date of commencement of 
operation.
    (ii) For a unit with a date for commencement of operation as defined 
in paragraph (2) of this definition and that is subsequently replaced by 
a unit at the same source (e.g., repowered), the replacement unit shall 
be treated as a separate unit with a separate date for commencement of 
operation as defined in paragraph (1) or (2) of this definition as 
appropriate.
    Common stack means a single flue through which emissions from 2 or 
more units are exhausted.
    Compliance account means a Hg Allowance Tracking System account, 
established by the Administrator for a Hg Budget source under Sec. Sec. 
60.4150 through 60.4157, in which any Hg allowance allocations for the 
Hg Budget units at the source are initially recorded and in which are 
held any Hg allowances available for use for a control period in order 
to meet the source's Hg Budget emissions limitation in accordance with 
Sec. 60.4154.
    Continuous emission monitoring system or CEMS means the equipment 
required under Sec. Sec. 60.4170 through 60.4176 to sample, analyze, 
measure, and provide, by means of readings recorded at least once every 
15 minutes (using an automated data acquisition and handling system 
(DAHS)), a permanent record of Hg emissions, stack gas volumetric flow 
rate, stack gas moisture content, and oxygen or carbon dioxide 
concentration (as applicable), in a manner consistent with part 75 of 
this chapter. The following systems are the principal types of CEMS 
required under Sec. Sec. 60.4170 through 60.4176:
    (1) A flow monitoring system, consisting of a stack flow rate 
monitor and an automated data acquisition and handling system and 
providing a permanent, continuous record of stack gas volumetric flow 
rate, in units of standard cubic feet per hour (scfh);
    (2) A Hg concentration monitoring system, consisting of a Hg 
pollutant concentration monitor and an automated data acquisition and 
handling system and providing a permanent, continuous record of Hg 
emissions in units of micrograms per dry standard cubic meter 
([micro]gm/dscm);
    (3) A moisture monitoring system, as defined in Sec. 75.11(b)(2) of 
this chapter and providing a permanent, continuous record of the stack 
gas moisture content, in percent H2O.
    (4) A carbon dioxide monitoring system, consisting of a 
CO2 concentration monitor (or an oxygen monitor plus suitable 
mathematical equations from which the CO2 concentration is 
derived) and an automated data acquisition and handling system and 
providing a permanent, continuous record of CO2 emissions, in 
percent CO2; and
    (5) An oxygen monitoring system, consisting of an O2 
concentration monitor and an automated data acquisition and handling 
system and providing a permanent, continuous record of O2, in 
percent O2.
    Control period means the period beginning January 1 of a calendar 
year and ending on December 31 of the same year, inclusive.
    Emissions means air pollutants exhausted from a unit or source into 
the atmosphere, as measured, recorded, and reported to the Administrator 
by the Hg designated representative and as determined by the 
Administrator in accordance with Sec. Sec. 60.4170 through 60.4176.

[[Page 1012]]

    Excess emissions means any ounce of mercury emitted by the Hg Budget 
units at a Hg Budget source during a control period that exceeds the Hg 
Budget emissions limitation for the source.
    General account means a Hg Allowance Tracking System account, 
established under Sec. 60.4151, that is not a compliance account.
    Generator means a device that produces electricity.
    Gross electrical output means, with regard to a cogeneration unit, 
electricity made available for use, including any such electricity used 
in the power production process (which process includes, but is not 
limited to, any on-site processing or treatment of fuel combusted at the 
unit and any on-site emission controls).
    Heat input means, with regard to a specified period of time, the 
product (in MMBtu/time) of the gross calorific value of the fuel (in 
Btu/lb) divided by 1,000,000 Btu/MMBtu and multiplied by the fuel feed 
rate into a combustion device (in lb of fuel/time), as measured, 
recorded, and reported to the Administrator by the Hg designated 
representative and determined by the Administrator in accordance with 
Sec. Sec. 60.4170 through 60.4176 and excluding the heat derived from 
preheated combustion air, recirculated flue gases, or exhaust from other 
sources.
    Heat input rate means the amount of heat input (in MMBtu) divided by 
unit operating time (in hr) or, with regard to a specific fuel, the 
amount of heat input attributed to the fuel (in MMBtu) divided by the 
unit operating time (in hr) during which the unit combusts the fuel.
    Hg allowance means a limited authorization issued by the permitting 
authority or the Administrator under Sec. Sec. 60.4140 through 60.4142 
to emit one ounce of mercury during a control period of the specified 
calendar year for which the authorization is allocated or of any 
calendar year thereafter under the Hg Budget Trading Program. An 
authorization to emit mercury that is not issued under the provisions of 
a State plan that adopt the requirements of this subpart and are 
approved by the Administrator in accordance with Sec. 60.24(h)(6) shall 
not be a ``Hg allowance.''
    Hg allowance deduction or deduct Hg allowances means the permanent 
withdrawal of Hg allowances by the Administrator from a compliance 
account in order to account for a specified number of ounces of total 
mercury emissions from all Hg Budget units at a Hg Budget source for a 
control period, determined in accordance with Sec. Sec. 60.4150 though 
60.4157 and Sec. Sec. 60.4170 through 60.4176, or to account for excess 
emissions.
    Hg allowances held or hold Hg allowances means the Hg allowances 
recorded by the Administrator, or submitted to the Administrator for 
recordation, in accordance with Sec. Sec. 60.4150 through 60.4162, in a 
Hg Allowance Tracking System account.
    Hg Allowance Tracking System means the system by which the 
Administrator records allocations, deductions, and transfers of Hg 
allowances under the Hg Budget Trading Program. Such allowances will be 
allocated, held, deducted, or transferred only as whole allowances.
    Hg Allowance Tracking System account means an account in the Hg 
Allowance Tracking System established by the Administrator for purposes 
of recording the allocation, holding, transferring, or deducting of Hg 
allowances.
    Hg authorized account representative means, with regard to a general 
account, a responsible natural person who is authorized, in accordance 
with Sec. 60.4152, to transfer and otherwise dispose of Hg allowances 
held in the general account and, with regard to a compliance account, 
the Hg designated representative of the source.
    Hg Budget emissions limitation means, for a Hg Budget source, the 
equivalent in ounces of the Hg allowances available for deduction for 
the source under Sec. 60.4154(a) and (b) for a control period.
    Hg Budget permit means the legally binding and Federally enforceable 
written document, or portion of such document, issued by the permitting 
authority under Sec. Sec. 60.4120 through 60.4124, including any permit 
revisions, specifying the Hg Budget Trading Program requirements 
applicable to a Hg Budget source, to each Hg Budget unit at the

[[Page 1013]]

source, and to the owners and operators and the Hg designated 
representative of the source and each such unit.
    Hg Budget source means a source that includes one or more Hg Budget 
units.
    Hg Budget Trading Program means a multi-state Hg air pollution 
control and emission reduction program approved and administered by the 
Administrator in accordance with this subpart and Sec. 60.24(h)(6), as 
a means of reducing national Hg emissions.
    Hg Budget unit means a unit that is subject to the Hg Budget Trading 
Program under Sec. 60.4104.
    Hg designated representative means, for a Hg Budget source and each 
Hg Budget unit at the source, the natural person who is authorized by 
the owners and operators of the source and all such units at the source, 
in accordance with Sec. Sec. 60.4110 through 60.4114, to represent and 
legally bind each owner and operator in matters pertaining to the Hg 
Budget Trading Program.
    Life-of-the-unit, firm power contractual arrangement means a unit 
participation power sales agreement under which a utility or industrial 
customer reserves, or is entitled to receive, a specified amount or 
percentage of nameplate capacity and associated energy generated by any 
specified unit and pays its proportional amount of such unit's total 
costs, pursuant to a contract:
    (1) For the life of the unit;
    (2) For a cumulative term of no less than 30 years, including 
contracts that permit an election for early termination; or
    (3) For a period no less than 25 years or 70 percent of the economic 
useful life of the unit determined as of the time the unit is built, 
with option rights to purchase or release some portion of the nameplate 
capacity and associated energy generated by the unit at the end of the 
period.
    Lignite means coal that is classified as lignite A or B according to 
the American Society of Testing and Materials (ASTM) Standard 
Specification for Classification of Coals by Rank D388-77, 90, 91, 95, 
98a, or 99 (Reapproved 2004)[egr]\1\ (incorporated by reference, see 
Sec. 60.17).
    Maximum design heat input means, starting from the initial 
installation of a unit, the maximum amount of fuel per hour (in Btu/hr) 
that a unit is capable of combusting on a steady-state basis as 
specified by the manufacturer of the unit, or, starting from the 
completion of any subsequent physical change in the unit resulting in a 
decrease in the maximum amount of fuel per hour (in Btu/hr) that a unit 
is capable of combusting on a steady-state basis, such decreased maximum 
amount as specified by the person conducting the physical change.
    Monitoring system means any monitoring system that meets the 
requirements of Sec. Sec. 60.4170 through 60.4176, including a 
continuous emissions monitoring system, an alternative monitoring 
system, or an excepted monitoring system under part 75 of this chapter.
    Nameplate capacity means, starting from the initial installation of 
a generator, the maximum electrical generating output (in MWe) that the 
generator is capable of producing on a steady-state basis and during 
continuous operation (when not restricted by seasonal or other 
deratings) as specified by the manufacturer of the generator or, 
starting from the completion of any subsequent physical change in the 
generator resulting in an increase in the maximum electrical generating 
output (in MWe) that the generator is capable of producing on a steady-
state basis and during continuous operation (when not restricted by 
seasonal or other deratings), such increased maximum amount as specified 
by the person conducting the physical change.
    Operator means any person who operates, controls, or supervises a Hg 
Budget unit or a Hg Budget source and shall include, but not be limited 
to, any holding company, utility system, or plant manager of such a unit 
or source.
    Ounce means 2.84 x 10\7\ micrograms. For the purpose of determining 
compliance with the Hg Budget emissions limitation, total ounces of 
mercury emissions for a control period shall be calculated as the sum of 
all recorded hourly emissions (or the mass equivalent of the recorded 
hourly emission rates) in accordance with Sec. Sec. 60.4170 through 
60.4176, but with any remaining fraction of an ounce equal to or greater 
than 0.50 ounces deemed to equal one ounce and any remaining

[[Page 1014]]

fraction of an ounce less than 0.50 ounces deemed to equal zero ounces.
    Owner means any of the following persons:
    (1) With regard to a Hg Budget source or a Hg Budget unit at a 
source, respectively:
    (i) Any holder of any portion of the legal or equitable title in a 
Hg Budget unit at the source or the Hg Budget unit;
    (ii) Any holder of a leasehold interest in a Hg Budget unit at the 
source or the Hg Budget unit; or
    (iii) Any purchaser of power from a Hg Budget unit at the source or 
the Hg Budget unit under a life-of-the-unit, firm power contractual 
arrangement; provided that, unless expressly provided for in a leasehold 
agreement, owner shall not include a passive lessor, or a person who has 
an equitable interest through such lessor, whose rental payments are not 
based (either directly or indirectly) on the revenues or income from 
such Hg Budget unit; or
    (2) With regard to any general account, any person who has an 
ownership interest with respect to the Hg allowances held in the general 
account and who is subject to the binding agreement for the Hg 
authorized account representative to represent the person's ownership 
interest with respect to Hg allowances.
    Permitting authority means the State air pollution control agency, 
local agency, other State agency, or other agency authorized by the 
Administrator to issue or revise permits to meet the requirements of the 
Hg Budget Trading Program in accordance with Sec. Sec. 60.4120 through 
60.4124 or, if no such agency has been so authorized, the Administrator.
    Potential electrical output capacity means 33 percent of a unit's 
maximum design heat input, divided by 3,413 Btu/kWh, divided by 1,000 
kWh/MWh, and multiplied by 8,760 hr/yr.
    Receive or receipt of means, when referring to the permitting 
authority or the Administrator, to come into possession of a document, 
information, or correspondence (whether sent in hard copy or by 
authorized electronic transmission), as indicated in an official 
correspondence log, or by a notation made on the document, information, 
or correspondence, by the permitting authority or the Administrator in 
the regular course of business.
    Recordation, record, or recorded means, with regard to Hg 
allowances, the movement of Hg allowances by the Administrator into or 
between Hg Allowance Tracking System accounts, for purposes of 
allocation, transfer, or deduction.
    Reference method means any direct test method of sampling and 
analyzing for an air pollutant as specified in Sec. 75.22 of this 
chapter.
    Repowered means, with regard to a unit, replacement of a coal-fired 
boiler with one of the following coal-fired technologies at the same 
source as the coal-fired boiler:
    (1) Atmospheric or pressurized fluidized bed combustion;
    (2) Integrated gasification combined cycle;
    (3) Magnetohydrodynamics;
    (4) Direct and indirect coal-fired turbines;
    (5) Integrated gasification fuel cells; or
    (6) As determined by the Administrator in consultation with the 
Secretary of Energy, a derivative of one or more of the technologies 
under paragraphs (1) through (5) of this definition and any other coal-
fired technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of January 1, 2005.
    Serial number means, for a Hg allowance, the unique identification 
number assigned to each Hg allowance by the Administrator.
    Sequential use of energy means:
    (1) For a topping-cycle cogeneration unit, the use of reject heat 
from electricity production in a useful thermal energy application or 
process; or
    (2) For a bottoming-cycle cogeneration unit, the use of reject heat 
from useful thermal energy application or process in electricity 
production.
    Source means all buildings, structures, or installations located in 
one or more contiguous or adjacent properties

[[Page 1015]]

under common control of the same person or persons. For purposes of 
section 502(c) of the CAA, a ``source,'' including a ``source'' with 
multiple units, shall be considered a single ``facility.''
    State means:
    (1) For purposes of referring to a governing entity, one of the 
States in the United States, the District of Columbia, or, if approved 
for treatment as a State under part 49 of this chapter, the Navajo 
Nation or Ute Indian Tribe that adopts the Hg Budget Trading Program 
pursuant to Sec. 60.24(h)(6); or
    (2) For purposes of referring to geographic areas, one of the States 
in the United States, the District of Columbia, the Navajo Nation Indian 
country, or the Ute Tribe Indian country.
    Subbituminous means coal that is classified as subbituminous A, B, 
or C, according to the American Society of Testing and Materials (ASTM) 
Standard Specification for Classification of Coals by Rank D388-77, 90, 
91, 95, 98a, or 99 (Reapproved 2004)[egr]\1\ (incorporated by reference, 
see Sec. 60.17).
    Submit or serve means to send or transmit a document, information, 
or correspondence to the person specified in accordance with the 
applicable regulation:
    (1) In person;
    (2) By United States Postal Service; or
    (3) By other means of dispatch or transmission and delivery. 
Compliance with any ``submission'' or ``service'' deadline shall be 
determined by the date of dispatch, transmission, or mailing and not the 
date of receipt.
    Title V operating permit means a permit issued under title V of the 
CAA and part 70 or part 71 of this chapter.
    Title V operating permit regulations means the regulations that the 
Administrator has approved or issued as meeting the requirements of 
title V of the CAA and part 70 or 71 of this chapter.
    Topping-cycle cogeneration unit means a cogeneration unit in which 
the energy input to the unit is first used to produce useful power, 
including electricity, and at least some of the reject heat from the 
electricity production is then used to provide useful thermal energy.
    Total energy input means, with regard to a cogeneration unit, total 
energy of all forms supplied to the cogeneration unit, excluding energy 
produced by the cogeneration unit itself. Each form of energy supplied 
shall be measured by the lower heating value of that form of energy 
calculated as follows:

LHV = HHV - 10.55(W + 9H)

Where:

LHV = lower heating value of fuel in Btu/lb,
HHV = higher heating value of fuel in Btu/lb,
W = Weight % of moisture in fuel, and
H = Weight % of hydrogen in fuel.

    Total energy output means, with regard to a cogeneration unit, the 
sum of useful power and useful thermal energy produced by the 
cogeneration unit.
    Unit means a stationary coal-fired boiler or a stationary coal-fired 
combustion turbine.
    Unit operating day means a calendar day in which a unit combusts any 
fuel.
    Unit operating hour or hour of unit operation means an hour in which 
a unit combusts any fuel.
    Useful power means, with regard to a cogeneration unit, electricity 
or mechanical energy made available for use, excluding any such energy 
used in the power production process (which process includes, but is not 
limited to, any on-site processing or treatment of fuel combusted at the 
unit and any on-site emission controls).
    Useful thermal energy means, with regard to a cogeneration unit, 
thermal energy that is:
    (1) Made available to an industrial or commercial process (not a 
power production process), excluding any heat contained in condensate 
return or makeup water;
    (2) Used in a heat application (e.g., space heating or domestic hot 
water heating); or
    (3) Used in a space cooling application (i.e., thermal energy used 
by an absorption chiller).
    Utility power distribution system means the portion of an 
electricity grid owned or operated by a utility and dedicated to 
delivering electricity to customers.

[70 FR 28657, May 18, 2005, as amended at 72 FR 59205, Oct. 19, 2007]

[[Page 1016]]



Sec. 60.4103  Measurements, abbreviations, and acronyms.

    Measurements, abbreviations, and acronyms used in this part are 
defined as follows:

Btu--British thermal unit.
CO2--carbon dioxide.
H2O--water.
Hg--mercury.
hr--hour.
kW--kilowatt electrical.
kWh--kilowatt hour.
lb--pound.
MMBtu--million Btu.
MWe--megawatt electrical.
MWh--megawatt hour.
NOX--nitrogen oxides.
O2--oxygen.
ppm--parts per million.
scfh--standard cubic feet per hour.
SO2--sulfur dioxide.
yr--year.



Sec. 60.4104  Applicability.

    (a) Except as provided in paragraph (b) of this section:
    (1) The following units in a State shall be Hg Budget units, and any 
source that includes one or more such units shall be a Hg Budget source, 
subject to the requirements of this subpart and subparts BB through HH 
of this part: Any stationary, coal-fired boiler or stationary, coal-
fired combustion turbine serving at any time, since the later of 
November 15, 1990 or the start-up of the unit's combustion chamber, a 
generator with nameplate capacity of more than 25 MWe producing 
electricity for sale.
    (2) If a stationary boiler or stationary combustion turbine that, 
under paragraph (a)(1) of this section, is not a Hg Budget unit begins 
to combust coal or coal-derived fuel or to serve a generator with 
nameplate capacity of more than 25 MWe producing electricity for sale, 
the unit shall become a Hg Budget unit as provided in paragraph (a)(1) 
of this section on the first date on which it both combusts coal or 
coal-derived fuel and serves such generator.
    (b) The units in a State that meet the requirements set forth in 
paragraphs (b)(1)(i) or (b)(2) of this section shall not be Hg Budget 
units:
    (1)(i) Any unit that is a Hg Budget unit under paragraph (a)(1) or 
(2) of this section:
    (A) Qualifying as a cogeneration unit during the 12-month period 
starting on the date the unit first produces electricity and continuing 
to qualify as a cogeneration unit; and
    (B) Not serving at any time, since the later of November 15, 1990 or 
the start-up of the unit's combustion chamber, a generator with 
nameplate capacity of more than 25 MWe supplying in any calendar year 
more than one-third of the unit's potential electric output capacity or 
219,000 MWh, whichever is greater, to any utility power distribution 
system for sale.
    (ii) If a unit qualifies as a cogeneration unit during the 12-month 
period starting on the date the unit first produces electricity and 
meets the requirements of paragraph (b)(1)(i) of this section for at 
least one calendar year, but subsequently no longer meets all such 
requirements, the unit shall become an Hg Budget unit starting on the 
earlier of January 1 after the first calendar year during which the unit 
first no longer qualifies as a cogeneration unit or January 1 after the 
first calendar year during which the unit no longer meets the 
requirements of paragraph (b)(1)(i)(B) of this section.
    (2) Any unit that is an Hg Budget unit under paragraph (a)(1) or (2) 
of this section, is a solid waste incineration unit combusting municipal 
waste, and is subject to the requirements of:
    (i) A State Plan approved by the Administrator in accordance with 
subpart Cb of part 60 of this chapter (emissions guidelines and 
compliance times for certain large municipal waste combustors);
    (ii) Subpart Eb of part 60 of this chapter (standards of performance 
for certain large municipal waste combusters);
    (iii) Subpart AAAA of part 60 of this chapter (standards of 
performance for certain small municipal waste combustors);
    (iv) A State Plan approved by the Administrator in accordance with 
subpart BBBB of part 60 of this chapter (emission guidelines and 
compliance times for certain small municipal waste combustion units);
    (v) Subpart FFF, of part 62 of this chapter (Federal Plan 
requirements for

[[Page 1017]]

certain large municipal waste combustors); or
    (vi) Subpart JJJ of part 62 of this chapter (Federal Plan 
requirements for certain small municipal waste combustion units).

[71 FR 33400, June 9, 2006]



Sec. 60.4105  Retired unit exemption.

    (a)(1) Any Hg Budget unit that is permanently retired shall be 
exempt from the Hg Budget Trading Program, except for the provisions of 
this section, Sec. 60.4102, Sec. 60.4103, Sec. 60.4104, Sec. 
60.4106(c)(4) through (8), Sec. 60.4107, and Sec. Sec. 60.4150 through 
60.4162.
    (2) The exemption under paragraph (a)(1) of this section shall 
become effective the day on which the Hg Budget unit is permanently 
retired. Within 30 days of the unit's permanent retirement, the Hg 
designated representative shall submit a statement to the permitting 
authority otherwise responsible for administering any Hg Budget permit 
for the unit and shall submit a copy of the statement to the 
Administrator. The statement shall state, in a format prescribed by the 
permitting authority, that the unit was permanently retired on a 
specific date and will comply with the requirements of paragraph (b) of 
this section.
    (3) After receipt of the statement under paragraph (a)(2) of this 
section, the permitting authority will amend any permit under Sec. Sec. 
60.4120 through 60.4124 covering the source at which the unit is located 
to add the provisions and requirements of the exemption under paragraphs 
(a)(1) and (b) of this section.
    (b) Special provisions. (1) A unit exempt under paragraph (a) of 
this section shall not emit any mercury, starting on the date that the 
exemption takes effect.
    (2) The permitting authority will allocate Hg allowances under 
Sec. Sec. 60.4140 through 60.4142 to a unit exempt under paragraph (a) 
of this section.
    (3) For a period of 5 years from the date the records are created, 
the owners and operators of a unit exempt under paragraph (a) of this 
section shall retain at the source that includes the unit, records 
demonstrating that the unit is permanently retired. The 5-year period 
for keeping records may be extended for cause, at any time before the 
end of the period, in writing by the permitting authority or the 
Administrator. The owners and operators bear the burden of proof that 
the unit is permanently retired.
    (4) The owners and operators and, to the extent applicable, the Hg 
designated representative of a unit exempt under paragraph (a) of this 
section shall comply with the requirements of the Hg Budget Trading 
Program concerning all periods for which the exemption is not in effect, 
even if such requirements arise, or must be complied with, after the 
exemption takes effect.
    (5) A unit exempt under paragraph (a) of this section and located at 
a source that is required, or but for this exemption would be required, 
to have a title V operating permit shall not resume operation unless the 
Hg designated representative of the source submits a complete Hg Budget 
permit application under Sec. 60.4122 for the unit not less than 18 
months (or such lesser time provided by the permitting authority) before 
the later of January 1, 2010 or the date on which the unit resumes 
operation.
    (6) On the earlier of the following dates, a unit exempt under 
paragraph (a) of this section shall lose its exemption:
    (i) The date on which the Hg designated representative submits a Hg 
Budget permit application for the unit under paragraph (b)(5) of this 
section;
    (ii) The date on which the Hg designated representative is required 
under paragraph (b)(5) of this section to submit a Hg Budget permit 
application for the unit; or
    (iii) The date on which the unit resumes operation, if the Hg 
designated representative is not required to submit a Hg Budget permit 
application for the unit.
    (7) For the purpose of applying monitoring, reporting, and 
recordkeeping requirements under Sec. Sec. 60.4170 through 60.4176, a 
unit that loses its exemption under paragraph (a) of this section shall 
be treated as a unit that commences operation and commercial operation 
on the first date on which the unit resumes operation.

[[Page 1018]]



Sec. 60.4106  Standard requirements.

    (a) Permit Requirements. (1) The Hg designated representative of 
each Hg Budget source required to have a title V operating permit and 
each Hg Budget unit required to have a title V operating permit at the 
source shall:
    (i) Submit to the permitting authority a complete Hg Budget permit 
application under Sec. 60.4122 in accordance with the deadlines 
specified in Sec. 60.4121(a) and (b); and
    (ii) Submit in a timely manner any supplemental information that the 
permitting authority determines is necessary in order to review a Hg 
Budget permit application and issue or deny a Hg Budget permit.
    (2) The owners and operators of each Hg Budget source required to 
have a title V operating permit and each Hg Budget unit required to have 
a title V operating permit at the source shall have a Hg Budget permit 
issued by the permitting authority under Sec. Sec. 60.4120 through 
60.4124 for the source and operate the source and the unit in compliance 
with such Hg Budget permit.
    (3) The owners and operators of a Hg Budget source that is not 
required to have a title V operating permit and each Hg Budget unit that 
is not required to have a title V operating permit are not required to 
submit a Hg Budget permit application, and to have a Hg Budget permit, 
under Sec. Sec. 60.4120 through 60.4124 for such Hg Budget source and 
such Hg Budget unit.
    (b) Monitoring, reporting, and recordkeeping requirements. (1) The 
owners and operators, and the Hg designated representative, of each Hg 
Budget source and each Hg Budget unit at the source shall comply with 
the monitoring, reporting, and recordkeeping requirements of Sec. Sec. 
60.4170 through 60.4176.
    (2) The emissions measurements recorded and reported in accordance 
with Sec. Sec. 60.4170 through 60.4176 shall be used to determine 
compliance by each Hg Budget source with the Hg Budget emissions 
limitation under paragraph (c) of this section.
    (c) Mercury emission requirements. (1) As of the allowance transfer 
deadline for a control period, the owners and operators of each Hg 
Budget source and each Hg Budget unit at the source shall hold, in the 
source's compliance account, Hg allowances available for compliance 
deductions for the control period under Sec. 60.4154(a) in an amount 
not less than the ounces of total mercury emissions for the control 
period from all Hg Budget units at the source, as determined in 
accordance with Sec. Sec. 60.4170 through 60.4176.
    (2) A Hg Budget unit shall be subject to the requirements under 
paragraph (c)(1) of this section starting on the later of January 1, 
2010 or the deadline for meeting the unit's monitor certification 
requirements under Sec. 60.4170(b)(1) or (2).
    (3) A Hg allowance shall not be deducted, for compliance with the 
requirements under paragraph (c)(1) of this section, for a control 
period in a calendar year before the year for which the Hg allowance was 
allocated.
    (4) Hg allowances shall be held in, deducted from, or transferred 
into or among Hg Allowance Tracking System accounts in accordance with 
Sec. Sec. 60.4160 through 60.4162.
    (5) A Hg allowance is a limited authorization to emit one ounce of 
mercury in accordance with the Hg Budget Trading Program. No provision 
of the Hg Budget Trading Program, the Hg Budget permit application, the 
Hg Budget permit, or an exemption under Sec. 60.4105 and no provision 
of law shall be construed to limit the authority of the State or the 
United States to terminate or limit such authorization.
    (6) A Hg allowance does not constitute a property right.
    (7) Upon recordation by the Administrator under Sec. Sec. 60.4150 
through 60.4162, every allocation, transfer, or deduction of a Hg 
allowance to or from a Hg Budget unit's compliance account is 
incorporated automatically in any Hg Budget permit of the source that 
includes the Hg Budget unit.
    (d) Excess emissions requirements. (1) If a Hg Budget source emits 
mercury during any control period in excess of the Hg Budget emissions 
limitation, then:
    (i) The owners and operators of the source and each Hg Budget unit 
at the source shall surrender the Hg allowances required for deduction 
under Sec. 60.4154(d)(1) and pay any fine, penalty, or assessment or 
comply with any other remedy imposed, for the same

[[Page 1019]]

violations, under the Clean Air Act or applicable State law; and
    (ii) Each ounce of such excess emissions and each day of such 
control period shall constitute a separate violation of this subpart, 
the Clean Air Act, and applicable State law.
    (2) [Reserved]
    (e) Recordkeeping and reporting requirements. (1) Unless otherwise 
provided, the owners and operators of the Hg Budget source and each Hg 
Budget unit at the source shall keep on site at the source each of the 
following documents for a period of 5 years from the date the document 
is created. This period may be extended for cause, at any time before 
the end of 5 years, in writing by the permitting authority or the 
Administrator.
    (i) The certificate of representation under Sec. 60.4113 for the Hg 
designated representative for the source and each Hg Budget unit at the 
source and all documents that demonstrate the truth of the statements in 
the certificate of representation; provided that the certificate and 
documents shall be retained on site at the source beyond such 5-year 
period until such documents are superseded because of the submission of 
a new certificate of representation under Sec. 60.4113 changing the Hg 
designated representative.
    (ii) All emissions monitoring information, in accordance with 
Sec. Sec. 60.4170 through 60.4176, provided that to the extent that 
Sec. Sec. 60.4170 through 60.4176 provides for a 3-year period for 
recordkeeping, the 3-year period shall apply.
    (iii) Copies of all reports, compliance certifications, and other 
submissions and all records made or required under the Hg Budget Trading 
Program.
    (iv) Copies of all documents used to complete a Hg Budget permit 
application and any other submission under the Hg Budget Trading Program 
or to demonstrate compliance with the requirements of the Hg Budget 
Trading Program.
    (2) The Hg designated representative of a Hg Budget source and each 
Hg Budget unit at the source shall submit the reports required under the 
Hg Budget Trading Program, including those under Sec. Sec. 60.4170 
through 60.4176.
    (f) Liability. (1) Each Hg Budget source and each Hg Budget unit 
shall meet the requirements of the Hg Budget Trading Program.
    (2) Any provision of the Hg Budget Trading Program that applies to a 
Hg Budget source or the Hg designated representative of a Hg Budget 
source shall also apply to the owners and operators of such source and 
of the Hg Budget units at the source.
    (3) Any provision of the Hg Budget Trading Program that applies to a 
Hg Budget unit or the Hg designated representative of a Hg Budget unit 
shall also apply to the owners and operators of such unit.
    (g) Effect on other authorities. No provision of the Hg Budget 
Trading Program, a Hg Budget permit application, a Hg Budget permit, or 
an exemption under Sec. 60.4105 shall be construed as exempting or 
excluding the owners and operators, and the Hg designated 
representative, of a Hg Budget source or Hg Budget unit from compliance 
with any other provision of the applicable, approved State 
implementation plan, a Federally enforceable permit, or the CAA.



Sec. 60.4107  Computation of time.

    (a) Unless otherwise stated, any time period scheduled, under the Hg 
Budget Trading Program, to begin on the occurrence of an act or event 
shall begin on the day the act or event occurs.
    (b) Unless otherwise stated, any time period scheduled, under the Hg 
Budget Trading Program, to begin before the occurrence of an act or 
event shall be computed so that the period ends the day before the act 
or event occurs.
    (c) Unless otherwise stated, if the final day of any time period, 
under the Hg Budget Trading Program, falls on a weekend or a State or 
Federal holiday, the time period shall be extended to the next business 
day.



Sec. 60.4108  Appeal procedures.

    The appeal procedures for decisions of the Administrator under the 
Hg Budget Trading Program shall be the procedures set forth in part 78 
of this chapter. The terms ``subpart HHHH of this part,'' ``Sec. 
60.4141(b)(2) or (c)(2),'' ``Sec. 60.4154,'' ``Sec. 60.4156,'' ``Sec. 
60.4161,'' ``Sec. 60.4175,'' ``Hg allowances,'' ``Hg Allowance Tracking 
System Account,'' ``Hg designated representative,'' ``Hg

[[Page 1020]]

authorized account representative,'' and ``Sec. 60.4106'' apply instead 
of the terms ``subparts AA through II of part 96 of this chapter,'' 
``Sec. 96.141(b)(2) or (c)(2),'' ``Sec. 96.154,'' ``Sec. 96.156,'' 
``Sec. 96.161,'' ``Sec. 96.175,'' ``CAIR NOX allowances,'' 
``CAIR NOX Allowance Tracking System account,'' ``CAIR 
designated representative,'' ``CAIR authorized account representative,'' 
and ``Sec. 96.106.''

           Hg Designated Representative for Hg Budget Sources



Sec. 60.4110  Authorization and Responsibilities of Hg designated
representative.

    (a) Except as provided under Sec. 60.4111, each Hg Budget source, 
including all Hg Budget units at the source, shall have one and only one 
Hg designated representative, with regard to all matters under the Hg 
Budget Trading Program concerning the source or any Hg Budget unit at 
the source.
    (b) The Hg designated representative of the Hg Budget source shall 
be selected by an agreement binding on the owners and operators of the 
source and all Hg Budget units at the source and shall act in accordance 
with the certification statement in Sec. 60.4113(a)(4)(iv).
    (c) Upon receipt by the Administrator of a complete certificate of 
representation under Sec. 60.4113, the Hg designated representative of 
the source shall represent and, by his or her representations, actions, 
inactions, or submissions, legally bind each owner and operator of the 
Hg Budget source represented and each Hg Budget unit at the source in 
all matters pertaining to the Hg Budget Trading Program, notwithstanding 
any agreement between the Hg designated representative and such owners 
and operators. The owners and operators shall be bound by any decision 
or order issued to the Hg designated representative by the permitting 
authority, the Administrator, or a court regarding the source or unit.
    (d) No Hg Budget permit will be issued, no emissions data reports 
will be accepted, and no Hg Allowance Tracking System account will be 
established for a Hg Budget unit at a source, until the Administrator 
has received a complete certificate of representation under Sec. 
60.4113 for a Hg designated representative of the source and the Hg 
Budget units at the source.
    (e)(1) Each submission under the Hg Budget Trading Program shall be 
submitted, signed, and certified by the Hg designated representative for 
each Hg Budget source on behalf of which the submission is made. Each 
such submission shall include the following certification statement by 
the Hg designated representative: ``I am authorized to make this 
submission on behalf of the owners and operators of the source or units 
for which the submission is made. I certify under penalty of law that I 
have personally examined, and am familiar with, the statements and 
information submitted in this document and all its attachments. Based on 
my inquiry of those individuals with primary responsibility for 
obtaining the information, I certify that the statements and information 
are to the best of my knowledge and belief true, accurate, and complete. 
I am aware that there are significant penalties for submitting false 
statements and information or omitting required statements and 
information, including the possibility of fine or imprisonment.''
    (2) The permitting authority and the Administrator will accept or 
act on a submission made on behalf of owner or operators of a Hg Budget 
source or a Hg Budget unit only if the submission has been made, signed, 
and certified in accordance with paragraph (e)(1) of this section.



Sec. 60.4111  Alternate Hg designated representative.

    (a) A certificate of representation under Sec. 60.4113 may 
designate one and only one alternate Hg designated representative, who 
may act on behalf of the Hg designated representative. The agreement by 
which the alternate Hg designated representative is selected shall 
include a procedure for authorizing the alternate Hg designated 
representative to act in lieu of the Hg designated representative.
    (b) Upon receipt by the Administrator of a complete certificate of 
representation under Sec. 60.4113, any representation, action, 
inaction, or submission by the alternate Hg designated representative 
shall be deemed to be a representation, action, inaction, or

[[Page 1021]]

submission by the Hg designated representative.
    (c) Except in this section and Sec. Sec. 60.4102, 60.4110(a) and 
(d), 60.4112, 60.4113, 60.4151, and 60.4174, whenever the term ``Hg 
designated representative'' is used in this subpart, the term shall be 
construed to include the Hg designated representative or any alternate 
Hg designated representative.



Sec. 60.4112  Changing Hg designated representative and alternate
Hg designated representative; changes in owners and operators.

    (a) Changing Hg designated representative. The Hg designated 
representative may be changed at any time upon receipt by the 
Administrator of a superseding complete certificate of representation 
under Sec. 60.4113. Notwithstanding any such change, all 
representations, actions, inactions, and submissions by the previous Hg 
designated representative before the time and date when the 
Administrator receives the superseding certificate of representation 
shall be binding on the new Hg designated representative and the owners 
and operators of the Hg Budget source and the Hg Budget units at the 
source.
    (b) Changing alternate Hg designated representative. The alternate 
Hg designated representative may be changed at any time upon receipt by 
the Administrator of a superseding complete certificate of 
representation under Sec. 60.4113. Notwithstanding any such change, all 
representations, actions, inactions, and submissions by the previous 
alternate Hg designated representative before the time and date when the 
Administrator receives the superseding certificate of representation 
shall be binding on the new alternate Hg designated representative and 
the owners and operators of the Hg Budget source and the Hg Budget units 
at the source.
    (c) Changes in owners and operators. (1) In the event a new owner or 
operator of a Hg Budget source or a Hg Budget unit is not included in 
the list of owners and operators in the certificate of representation 
under Sec. 60.4113, such new owner or operator shall be deemed to be 
subject to and bound by the certificate of representation, the 
representations, actions, inactions, and submissions of the Hg 
designated representative and any alternate Hg designated representative 
of the source or unit, and the decisions and orders of the permitting 
authority, the Administrator, or a court, as if the new owner or 
operator were included in such list.
    (2) Within 30 days following any change in the owners and operators 
of a Hg Budget source or a Hg Budget unit, including the addition of a 
new owner or operator, the Hg designated representative or any alternate 
Hg designated representative shall submit a revision to the certificate 
of representation under Sec. 60.4113 amending the list of owners and 
operators to include the change.



Sec. 60.4113  Certificate of representation.

    (a) A complete certificate of representation for a Hg designated 
representative or an alternate Hg designated representative shall 
include the following elements in a format prescribed by the 
Administrator:
    (1) Identification of the Hg Budget source, and each Hg Budget unit 
at the source, for which the certificate of representation is submitted.
    (2) The name, address, e-mail address (if any), telephone number, 
and facsimile transmission number (if any) of the Hg designated 
representative and any alternate Hg designated representative.
    (3) A list of the owners and operators of the Hg Budget source and 
of each Hg Budget unit at the source.
    (4) The following certification statements by the Hg designated 
representative and any alternate Hg designated representative:
    (i) ``I certify that I was selected as the Hg designated 
representative or alternate Hg designated representative, as applicable, 
by an agreement binding on the owners and operators of the source and 
each Hg Budget unit at the source.''
    (ii) ``I certify that I have all the necessary authority to carry 
out my duties and responsibilities under the Hg Budget Trading Program 
on behalf of the owners and operators of the source and of each Hg 
Budget unit at the source and that each such owner and operator shall be 
fully bound by my

[[Page 1022]]

representations, actions, inactions, or submissions.''
    (iii) ``I certify that the owners and operators of the source and of 
each Hg Budget unit at the source shall be bound by any order issued to 
me by the Administrator, the permitting authority, or a court regarding 
the source or unit.''
    (iv) ``Where there are multiple holders of a legal or equitable 
title to, or a leasehold interest in, a Hg Budget unit, or where a 
customer purchases power from a Hg Budget unit under a life-of-the-unit, 
firm power contractual arrangement, I certify that: I have given a 
written notice of my selection as the `Hg designated representative' or 
`alternate Hg designated representative,' as applicable, and of the 
agreement by which I was selected to each owner and operator of the 
source and of each Hg Budget unit at the source; and Hg allowances and 
proceeds of transactions involving Hg allowances will be deemed to be 
held or distributed in proportion to each holder's legal, equitable, 
leasehold, or contractual reservation or entitlement, except that, if 
such multiple holders have expressly provided for a different 
distribution of Hg allowances by contract, Hg allowances and proceeds of 
transactions involving Hg allowances will be deemed to be held or 
distributed in accordance with the contract.''
    (5) The signature of the Hg designated representative and any 
alternate Hg designated representative and the dates signed.
    (b) Unless otherwise required by the permitting authority or the 
Administrator, documents of agreement referred to in the certificate of 
representation shall not be submitted to the permitting authority or the 
Administrator. Neither the permitting authority nor the Administrator 
shall be under any obligation to review or evaluate the sufficiency of 
such documents, if submitted.



Sec. 60.4114  Objections concerning Hg designated representative.

    (a) Once a complete certificate of representation under Sec. 
60.4113 has been submitted and received, the permitting authority and 
the Administrator will rely on the certificate of representation unless 
and until a superseding complete certificate of representation under 
Sec. 60.4113 is received by the Administrator.
    (b) Except as provided in Sec. 60.4112(a) or (b), no objection or 
other communication submitted to the permitting authority or the 
Administrator concerning the authorization, or any representation, 
action, inaction, or submission, of the Hg designated representative 
shall affect any representation, action, inaction, or submission of the 
Hg designated representative or the finality of any decision or order by 
the permitting authority or the Administrator under the Hg Budget 
Trading Program.
    (c) Neither the permitting authority nor the Administrator will 
adjudicate any private legal dispute concerning the authorization or any 
representation, action, inaction, or submission of any Hg designated 
representative, including private legal disputes concerning the proceeds 
of Hg allowance transfers.

                                 Permits



Sec. 60.4120  General Hg budget trading program permit requirements.

    (a) For each Hg Budget source required to have a title V operating 
permit, such permit shall include a Hg Budget permit administered by the 
permitting authority for the title V operating permit. The Hg Budget 
portion of the title V permit shall be administered in accordance with 
the permitting authority's title V operating permits regulations 
promulgated under part 70 or 71 of this chapter, except as provided 
otherwise by this section and Sec. Sec. 60.4121 through 60.4124.
    (b) Each Hg Budget permit shall contain, with regard to the Hg 
Budget source and the Hg Budget units at the source covered by the Hg 
Budget permit, all applicable Hg Budget Trading Program requirements and 
shall be a complete and separable portion of the title V operating 
permit.



Sec. 60.4121  Submission of Hg budget permit applications.

    (a) Duty to apply. The Hg designated representative of any Hg Budget 
source required to have a title V operating

[[Page 1023]]

permit shall submit to the permitting authority a complete Hg Budget 
permit application under Sec. 60.4122 for the source covering each Hg 
Budget unit at the source at least 18 months (or such lesser time 
provided by the permitting authority) before the later of January 1, 
2010 or the date on which the Hg Budget unit commences operation.
    (b) Duty to Reapply. For a Hg Budget source required to have a title 
V operating permit, the Hg designated representative shall submit a 
complete Hg Budget permit application under Sec. 60.4122 for the source 
covering each Hg Budget unit at the source to renew the Hg Budget permit 
in accordance with the permitting authority's title V operating permits 
regulations addressing permit renewal.



Sec. 60.4122  Information requirements for Hg budget permit applications.

    A complete Hg Budget permit application shall include the following 
elements concerning the Hg Budget source for which the application is 
submitted, in a format prescribed by the permitting authority:
    (a) Identification of the Hg Budget source;
    (b) Identification of each Hg Budget unit at the Hg Budget source; 
and
    (c) The standard requirements under Sec. 60.4106.



Sec. 60.4123  Hg budget permit contents and term.

    (a) Each Hg Budget permit will contain, in a format prescribed by 
the permitting authority, all elements required for a complete Hg Budget 
permit application under Sec. 60.4122.
    (b) Each Hg Budget permit is deemed to incorporate automatically the 
definitions of terms under Sec. 60.4102 and, upon recordation by the 
Administrator under Sec. Sec. 60.4150 through 60.4162, every 
allocation, transfer, or deduction of a Hg allowance to or from the 
compliance account of the Hg Budget source covered by the permit.
    (c) The term of the Hg Budget permit will be set by the permitting 
authority, as necessary to facilitate coordination of the renewal of the 
Hg Budget permit with issuance, revision, or renewal of the Hg Budget 
source's title V operating permit.



Sec. 60.4124  Hg budget permit revisions.

    Except as provided in Sec. 60.4123(b), the permitting authority 
will revise the Hg Budget permit, as necessary, in accordance with the 
permitting authority's title V operating permits regulations addressing 
permit revisions.



Sec. 60.4130  [Reserved]

                        Hg Allowance Allocations



Sec. 60.4140  State trading budgets.

    The State trading budgets for annual allocations of Hg allowances 
for the control periods in 2010 through 2017 and in 2018 and thereafter 
are respectively as follows:

------------------------------------------------------------------------
                                                  Annual EGU Hg budget
                                                         (tons)
                     State                     -------------------------
                                                               2018 and
                                                 2010-2017    thereafter
------------------------------------------------------------------------
Alaska........................................        0.010        0.004
Alabama.......................................        1.289        0.509
Arkansas......................................        0.516        0.204
Arizona.......................................        0.454        0.179
California....................................        0.041        0.016
Colorado......................................        0.706        0.279
Connecticut...................................        0.053        0.021
Delaware......................................        0.072        0.028
Florida.......................................        1.232        0.487
Georgia.......................................        1.227        0.484
Hawaii........................................        0.024        0.009
Iowa..........................................        0.727        0.287
Illinois......................................        1.594        0.629
Indiana.......................................        2.097        0.828
Kansas........................................        0.723        0.285
Kentucky......................................        1.525        0.602
Louisiana.....................................        0.601        0.237
Massachusetts.................................        0.172        0.068
Maryland......................................        0.490        0.193
Maine.........................................        0.001        0.001
Michigan......................................        1.303        0.514
Minnesota.....................................        0.695        0.274
Missouri......................................        1.393        0.550
Mississippi...................................        0.291        0.115
Montana.......................................        0.377        0.149
Navajo Nation.................................        0.600        0.237
North Carolina................................        1.133        0.447
North Dakota..................................        1.564        0.617
Nebraska......................................        0.421        0.166
New Hampshire.................................        0.063        0.025
New Jersey....................................        0.153        0.060
New Mexico....................................        0.299        0.118
Nevada........................................        0.285        0.112
New York......................................        0.393        0.155
Ohio..........................................        2.056        0.812
Oklahoma......................................        0.721        0.285
Oregon........................................        0.076        0.030
Pennsylvania..................................        1.779        0.702
South Carolina................................        0.580        0.229
South Dakota..................................        0.072        0.029
Tennessee.....................................        0.944        0.373
Texas.........................................        4.656        1.838
Utah..........................................        0.506        0.200
Ute Indian Tribe..............................        0.060        0.024
Virginia......................................        0.592        0.234
Washington....................................        0.198        0.078
Wisconsin.....................................        0.890        0.351

[[Page 1024]]

 
West Virginia.................................        1.394        0.550
Wyoming.......................................        0.952        0.376
                                               -------------------------
    Total.....................................       38.000       15.000
------------------------------------------------------------------------


[71 FR 33401, June 9, 2006]



Sec. 60.4141  Timing requirements for Hg allowance allocations.

    (a) By November 17, 2006, the permitting authority will submit to 
the Administrator the Hg allowance allocations, in a format prescribed 
by the Administrator and in accordance with Sec. 60.4142(a) and (b), 
for the control periods in 2010, 2011, 2012, 2013, and 2014.
    (b)(1) By October 31, 2008 and October 31 of each year thereafter, 
the permitting authority will submit to the Administrator the Hg 
allowance allocations, in a format prescribed by the Administrator and 
in accordance with Sec. 60.4142(a) and (b), for the control period in 
the sixth year after the year of the applicable deadline for submission 
under this paragraph.
    (2) If the permitting authority fails to submit to the Administrator 
the Hg allowance allocations in accordance with paragraph (b)(1) of this 
section, the Administrator will assume that the allocations of Hg 
allowances for the applicable control period are the same as for the 
control period that immediately precedes the applicable control period, 
except that, if the applicable control period is in 2018, the 
Administrator will assume that the allocations equal the allocations for 
the control period in 2017, multiplied by the amount of ounces (i.e., 
tons multiplied by 32,000 ounces/ton) of Hg emissions in the applicable 
State trading budget under Sec. 60.4140 for 2018 and thereafter and 
divided by such amount of ounces of Hg emissions for 2010 through 2017.
    (c)(1) By October 31, 2010 and October 31 of each year thereafter, 
the permitting authority will submit to the Administrator the Hg 
allowance allocations, in a format prescribed by the Administrator and 
in accordance with Sec. 60.4142(a), (c), and (d), for the control 
period in the year of the applicable deadline for submission under this 
paragraph.
    (2) If the permitting authority fails to submit to the Administrator 
the Hg allowance allocations in accordance with paragraph (c)(1) of this 
section, the Administrator will assume that the allocations of Hg 
allowances for the applicable control period are the same as for the 
control period that immediately precedes the applicable control period, 
except that, if the applicable control period is in 2018, the 
Administrator will assume that the allocations equal the allocations for 
the control period in 2017, multiplied by the amount of ounces (i.e., 
tons multiplied by 32,000 ounces/ton) of Hg emissions in the applicable 
State trading budget under Sec. 60.4140 for 2018 and thereafter and 
divided by such amount of ounces of Hg emissions for 2010 through 2017 
and except that any Hg Budget unit that would otherwise be allocated Hg 
allowances under Sec. 60.4142(a) and (b), as well as under Sec. 
60.4142(a), (c), and (d), for the applicable control period will be 
assumed to be allocated no Hg allowances under Sec. 60.4142(a), (c), 
and (d) for the applicable control period.

[70 FR 28657, May 18, 2005, as amended at 71 FR 33402, June 9, 2006]



Sec. 60.4142  Hg allowance allocations.

    (a)(1) The baseline heat input (in MMBtu) used with respect to Hg 
allowance allocations under paragraph (b) of this section for each Hg 
Budget unit will be:
    (i) For units commencing operation before January 1, 2001, the 
average of the three highest amounts of the unit's adjusted control 
period heat input for 2000 through 2004, with the adjusted control 
period heat input for each year calculated as the sum of the following:
    (A) Any portion of the unit's control period heat input for the year 
that results from the unit's combustion of lignite, multiplied by 3.0;
    (B) Any portion of the unit's control period heat input for the year 
that results from the unit's combustion of subbituminous coal, 
multiplied by 1.25; and
    (C) Any portion of the unit's control period heat input for the year 
that is not covered by paragraph (a)(1)(i)(A) or (B) of this section, 
multiplied by 1.0.

[[Page 1025]]

    (ii) For units commencing operation on or after January 1, 2001 and 
operating each calendar year during a period of 5 or more consecutive 
calendar years, the average of the 3 highest amounts of the unit's total 
converted control period heat input over the first such 5 years.
    (2)(i) A unit's control period heat input for a calendar year under 
paragraphs (a)(1)(i) of this section, and a unit's total ounces of Hg 
emissions during a calendar year under paragraph (c)(3) of this section, 
will be determined in accordance with part 75 of this chapter, to the 
extent the unit was otherwise subject to the requirements of part 75 of 
this chapter for the year, or will be based on the best available data 
reported to the permitting authority for the unit, to the extent the 
unit was not otherwise subject to the requirements of part 75 of this 
chapter for the year. The unit's types and amounts of fuel combusted, 
under paragraph (a)(1)(i) of this section, will be based on the best 
available data reported to the permitting authority for the unit.
    (ii) A unit's converted control period heat input for a calendar 
year specified under paragraph (a)(1)(ii) of this section equals:
    (A) Except as provided in paragraph (a)(2)(ii)(B) or (C) of this 
section, the control period gross electrical output of the generator or 
generators served by the unit multiplied by 7,900 Btu/kWh and divided by 
1,000,000 Btu/MMBtu, provided that if a generator is served by 2 or more 
units, then the gross electrical output of the generator will be 
attributed to each unit in proportion to the unit's share of the total 
control period heat input of such units for the year;
    (B) For a unit that is a boiler and has equipment used to produce 
electricity and useful thermal energy for industrial, commercial, 
heating, or cooling purposes through the sequential use of energy, the 
total heat energy (in Btu) of the steam produced by the boiler during 
the control period, divided by 0.8 and by 1,000,000 Btu/MMBtu; or
    (C) For a unit that is a combustion turbine and has equipment used 
to produce electricity and useful thermal energy for industrial, 
commercial, heating, or cooling purposes through the sequential use of 
energy, the control period gross electrical output of the enclosed 
device comprising the compressor, combustor, and turbine multiplied by 
3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced 
by any associated heat recovery steam generator during the control 
period divided by 0.8, and with the sum divided by 1,000,000 Btu/MMBtu.
    (b)(1) For each control period in 2010 and thereafter, the 
permitting authority will allocate to all Hg Budget units in the State 
that have a baseline heat input (as determined under paragraph (a) of 
this section) a total amount of Hg allowances equal to 95 percent for a 
control period in 2010 through 2014, and 97 percent for a control period 
in 2015 and thereafter, of the amount of ounces (i.e., tons multiplied 
by 32,000 ounces/ton) of Hg emissions in the applicable State trading 
budget under Sec. 60.4140 (except as provided in paragraph (d) of this 
section).
    (2) The permitting authority will allocate Hg allowances to each Hg 
Budget unit under paragraph (b)(1) of this section in an amount 
determined by multiplying the total amount of Hg allowances allocated 
under paragraph (b)(1) of this section by the ratio of the baseline heat 
input of such Hg Budget unit to the total amount of baseline heat input 
of all such Hg Budget units in the State and rounding to the nearest 
whole allowance as appropriate.
    (c) For each control period in 2010 and thereafter, the permitting 
authority will allocate Hg allowances to Hg Budget units in the State 
that commenced operation on or after January 1, 2001 and do not yet have 
a baseline heat input (as determined under paragraph (a) of this 
section), in accordance with the following procedures:
    (1) The permitting authority will establish a separate new unit set-
aside for each control period. Each new unit set-aside will be allocated 
Hg allowances equal to 5 percent for a control period in 2010 through 
2014, and 3 percent for a control period in 2015 and thereafter, of the 
amount of ounces (i.e., tons multiplied by 32,000 ounces/ton) of Hg 
emissions in the applicable State trading budget under Sec. 60.4140.

[[Page 1026]]

    (2) The Hg designated representative of such a Hg Budget unit may 
submit to the permitting authority a request, in a format specified by 
the permitting authority, to be allocated Hg allowances, starting with 
the later of the control period in 2010 or the first control period 
after the control period in which the Hg Budget unit commences 
commercial operation and until the first control period for which the 
unit is allocated Hg allowances under paragraph (b) of this section. The 
Hg allowance allocation request must be submitted on or before July 1 of 
the first control period for which the Hg allowances are requested and 
after the date on which the Hg Budget unit commences commercial 
operation.
    (3) In a Hg allowance allocation request under paragraph (c)(2) of 
this section, the Hg designated representative may request for a control 
period Hg allowances in an amount not exceeding the Hg Budget unit's 
total ounces of Hg emissions during the control period immediately 
before such control period.
    (4) The permitting authority will review each Hg allowance 
allocation request under paragraph (c)(2) of this section and will 
allocate Hg allowances for each control period pursuant to such request 
as follows:
    (i) The permitting authority will accept an allowance allocation 
request only if the request meets, or is adjusted by the permitting 
authority as necessary to meet, the requirements of paragraphs (c)(2) 
and (3) of this section.
    (ii) On or after July 1 of the control period, the permitting 
authority will determine the sum of the Hg allowances requested (as 
adjusted under paragraph (c)(4)(i) of this section) in all allowance 
allocation requests accepted under paragraph (c)(4)(i) of this section 
for the control period.
    (iii) If the amount of Hg allowances in the new unit set-aside for 
the control period is greater than or equal to the sum under paragraph 
(c)(4)(ii) of this section, then the permitting authority will allocate 
the amount of Hg allowances requested (as adjusted under paragraph 
(c)(4)(i) of this section) to each Hg Budget unit covered by an 
allowance allocation request accepted under paragraph (c)(4)(i) of this 
section.
    (iv) If the amount of Hg allowances in the new unit set-aside for 
the control period is less than the sum under paragraph (c)(4)(ii) of 
this section, then the permitting authority will allocate to each Hg 
Budget unit covered by an allowance allocation request accepted under 
paragraph (c)(4)(i) of this section the amount of the Hg allowances 
requested (as adjusted under paragraph (c)(4)(i) of this section), 
multiplied by the amount of Hg allowances in the new unit set-aside for 
the control period, divided by the sum determined under paragraph 
(c)(4)(ii) of this section, and rounded to the nearest whole allowance 
as appropriate.
    (v) The permitting authority will notify each Hg designated 
representative that submitted an allowance allocation request of the 
amount of Hg allowances (if any) allocated for the control period to the 
Hg Budget unit covered by the request.
    (d) If, after completion of the procedures under paragraph (c)(4) of 
this section for a control period, any unallocated Hg allowances remain 
in the new unit set-aside for the control period, the permitting 
authority will allocate to each Hg Budget unit that was allocated Hg 
allowances under paragraph (b) of this section an amount of Hg 
allowances equal to the total amount of such remaining unallocated Hg 
allowances, multiplied by the unit's allocation under paragraph (b) of 
this section, divided by 95 percent for 2010 through 2014, and 97 
percent for 2014 and thereafter, of the amount of ounces (i.e., tons 
multiplied by 32,000 ounces/ton) of Hg emissions in the applicable State 
trading budget under Sec. 60.4140, and rounded to the nearest whole 
allowance as appropriate.

                      Hg Allowance Tracking System



Sec. 60.4150  [Reserved]



Sec. 60.4151  Establishment of accounts.

    (a) Compliance accounts. Upon receipt of a complete certificate of 
representation under Sec. 60.4113, the Administrator will establish a 
compliance account for the Hg Budget source for which the certificate of 
representation was submitted unless the source already has a compliance 
account.

[[Page 1027]]

    (b) General accounts--(1) Application for general account. (i) Any 
person may apply to open a general account for the purpose of holding 
and transferring Hg allowances. An application for a general account may 
designate one and only one Hg authorized account representative and one 
and only one alternate Hg authorized account representative who may act 
on behalf of the Hg authorized account representative. The agreement by 
which the alternate Hg authorized account representative is selected 
shall include a procedure for authorizing the alternate Hg authorized 
account representative to act in lieu of the Hg authorized account 
representative.
    (ii) A complete application for a general account shall be submitted 
to the Administrator and shall include the following elements in a 
format prescribed by the Administrator:
    (A) Name, mailing address, e-mail address (if any), telephone 
number, and facsimile transmission number (if any) of the Hg authorized 
account representative and any alternate Hg authorized account 
representative;
    (B) Organization name and type of organization, if applicable;
    (C) A list of all persons subject to a binding agreement for the Hg 
authorized account representative and any alternate Hg authorized 
account representative to represent their ownership interest with 
respect to the Hg allowances held in the general account;
    (D) The following certification statement by the Hg authorized 
account representative and any alternate Hg authorized account 
representative: ``I certify that I was selected as the Hg authorized 
account representative or the alternate Hg authorized account 
representative, as applicable, by an agreement that is binding on all 
persons who have an ownership interest with respect to Hg allowances 
held in the general account. I certify that I have all the necessary 
authority to carry out my duties and responsibilities under the Hg 
Budget Trading Program on behalf of such persons and that each such 
person shall be fully bound by my representations, actions, inactions, 
or submissions and by any order or decision issued to me by the 
Administrator or a court regarding the general account.''
    (E) The signature of the Hg authorized account representative and 
any alternate Hg authorized account representative and the dates signed.
    (iii) Unless otherwise required by the permitting authority or the 
Administrator, documents of agreement referred to in the application for 
a general account shall not be submitted to the permitting authority or 
the Administrator. Neither the permitting authority nor the 
Administrator shall be under any obligation to review or evaluate the 
sufficiency of such documents, if submitted.
    (2) Authorization of Hg authorized account representative. (i) Upon 
receipt by the Administrator of a complete application for a general 
account under paragraph (b)(1) of this section:
    (A) The Administrator will establish a general account for the 
person or persons for whom the application is submitted.
    (B) The Hg authorized account representative and any alternate Hg 
authorized account representative for the general account shall 
represent and, by his or her representations, actions, inactions, or 
submissions, legally bind each person who has an ownership interest with 
respect to Hg allowances held in the general account in all matters 
pertaining to the Hg Budget Trading Program, notwithstanding any 
agreement between the Hg authorized account representative or any 
alternate Hg authorized account representative and such person. Any such 
person shall be bound by any order or decision issued to the Hg 
authorized account representative or any alternate Hg authorized account 
representative by the Administrator or a court regarding the general 
account.
    (C) Any representation, action, inaction, or submission by any 
alternate Hg authorized account representative shall be deemed to be a 
representation, action, inaction, or submission by the Hg authorized 
account representative.
    (ii) Each submission concerning the general account shall be 
submitted, signed, and certified by the Hg authorized account 
representative or any alternate Hg authorized account representative for 
the persons having an

[[Page 1028]]

ownership interest with respect to Hg allowances held in the general 
account. Each such submission shall include the following certification 
statement by the Hg authorized account representative or any alternate 
Hg authorized account representative: ``I am authorized to make this 
submission on behalf of the persons having an ownership interest with 
respect to the Hg allowances held in the general account. I certify 
under penalty of law that I have personally examined, and am familiar 
with, the statements and information submitted in this document and all 
its attachments. Based on my inquiry of those individuals with primary 
responsibility for obtaining the information, I certify that the 
statements and information are to the best of my knowledge and belief 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false statements and information or omitting 
required statements and information, including the possibility of fine 
or imprisonment.''
    (iii) The Administrator will accept or act on a submission 
concerning the general account only if the submission has been made, 
signed, and certified in accordance with paragraph (b)(2)(ii) of this 
section.
    (3) Changing Hg authorized account representative and alternate Hg 
authorized account representative; changes in persons with ownership 
interest.
    (i) The Hg authorized account representative for a general account 
may be changed at any time upon receipt by the Administrator of a 
superseding complete application for a general account under paragraph 
(b)(1) of this section. Notwithstanding any such change, all 
representations, actions, inactions, and submissions by the previous Hg 
authorized account representative before the time and date when the 
Administrator receives the superseding application for a general account 
shall be binding on the new Hg authorized account representative and the 
persons with an ownership interest with respect to the Hg allowances in 
the general account.
    (ii) The alternate Hg authorized account representative for a 
general account may be changed at any time upon receipt by the 
Administrator of a superseding complete application for a general 
account under paragraph (b)(1) of this section. Notwithstanding any such 
change, all representations, actions, inactions, and submissions by the 
previous alternate Hg authorized account representative before the time 
and date when the Administrator receives the superseding application for 
a general account shall be binding on the new alternate Hg authorized 
account representative and the persons with an ownership interest with 
respect to the Hg allowances in the general account.
    (iii)(A) In the event a new person having an ownership interest with 
respect to Hg allowances in the general account is not included in the 
list of such persons in the application for a general account, such new 
person shall be deemed to be subject to and bound by the application for 
a general account, the representation, actions, inactions, and 
submissions of the Hg authorized account representative and any 
alternate Hg authorized account representative of the account, and the 
decisions and orders of the Administrator or a court, as if the new 
person were included in such list.
    (B) Within 30 days following any change in the persons having an 
ownership interest with respect to Hg allowances in the general account, 
including the addition of persons, the Hg authorized account 
representative or any alternate Hg authorized account representative 
shall submit a revision to the application for a general account 
amending the list of persons having an ownership interest with respect 
to the Hg allowances in the general account to include the change.
    (4) Objections concerning Hg authorized account representative. (i) 
Once a complete application for a general account under paragraph (b)(1) 
of this section has been submitted and received, the Administrator will 
rely on the application unless and until a superseding complete 
application for a general account under paragraph (b)(1) of this section 
is received by the Administrator.

[[Page 1029]]

    (ii) Except as provided in paragraph (b)(3)(i) or (ii) of this 
section, no objection or other communication submitted to the 
Administrator concerning the authorization, or any representation, 
action, inaction, or submission of the Hg authorized account 
representative or any alternative Hg authorized account representative 
for a general account shall affect any representation, action, inaction, 
or submission of the Hg authorized account representative or any 
alternative Hg authorized account representative or the finality of any 
decision or order by the Administrator under the Hg Budget Trading 
Program.
    (iii) The Administrator will not adjudicate any private legal 
dispute concerning the authorization or any representation, action, 
inaction, or submission of the Hg authorized account representative or 
any alternative Hg authorized account representative for a general 
account, including private legal disputes concerning the proceeds of Hg 
allowance transfers.
    (c) Account identification. The Administrator will assign a unique 
identifying number to each account established under paragraph (a) or 
(b) of this section.



Sec. 60.4152  Responsibilities of Hg authorized account representative.

    Following the establishment of a Hg Allowance Tracking System 
account, all submissions to the Administrator pertaining to the account, 
including, but not limited to, submissions concerning the deduction or 
transfer of Hg allowances in the account, shall be made only by the Hg 
authorized account representative for the account.



Sec. 60.4153  Recordation of Hg allowance allocations.

    (a) By December 1, 2006, the Administrator will record in the Hg 
Budget source's compliance account the Hg allowances allocated for the 
Hg Budget units at a source, as submitted by the permitting authority in 
accordance with Sec. 60.4141(a), for the control periods in 2010, 2011, 
2012, 2013, and 2014.
    (b) By December 1, 2008, the Administrator will record in the Hg 
Budget source's compliance account the Hg allowances allocated for the 
Hg Budget units at the source, as submitted by the permitting authority 
or as determined by the Administrator in accordance with Sec. 
60.4141(b), for the control period in 2015.
    (c) In 2011 and each year thereafter, after the Administrator has 
made all deductions (if any) from a Hg Budget source's compliance 
account under Sec. 60.4154, the Administrator will record in the Hg 
Budget source's compliance account the Hg allowances allocated for the 
Hg Budget units at the source, as submitted by the permitting authority 
or determined by the Administrator in accordance with Sec. 60.4141(b), 
for the control period in the sixth year after the year of the control 
period for which such deductions were or could have been made.
    (d) By December 1, 2010 and December 1 of each year thereafter, the 
Administrator will record in the Hg Budget source's compliance account 
the Hg allowances allocated for the Hg Budget units at the source, as 
submitted by the permitting authority or determined by the Administrator 
in accordance with Sec. 60.4141(c), for the control period in the year 
of the applicable deadline for recordation under this paragraph.
    (e) Serial numbers for allocated Hg allowances. When recording the 
allocation of Hg allowances for a Hg Budget unit in a compliance 
account, the Administrator will assign each Hg allowance a unique 
identification number that will include digits identifying the year of 
the control period for which the Hg allowance is allocated.



Sec. 60.4154  Compliance with Hg budget emissions limitation.

    (a) Allowance transfer deadline. The Hg allowances are available to 
be deducted for compliance with a source's Hg Budget emissions 
limitation for a control period in a given calendar year only if the Hg 
allowances:
    (1) Were allocated for the control period in the year or a prior 
year;
    (2) Are held in the compliance account as of the allowance transfer 
deadline for the control period or are transferred into the compliance 
account by a Hg allowance transfer correctly submitted for recordation 
under

[[Page 1030]]

Sec. Sec. 60.4160 through 60.4162 by the allowance transfer deadline 
for the control period; and
    (3) Are not necessary for deductions for excess emissions for a 
prior control period under paragraph (d) of this section.
    (b) Deductions for compliance. Following the recordation, in 
accordance with Sec. Sec. 60.4160 through 60.4162, of Hg allowance 
transfers submitted for recordation in a source's compliance account by 
the allowance transfer deadline for a control period, the Administrator 
will deduct from the compliance account Hg allowances available under 
paragraph (a) of this section in order to determine whether the source 
meets the Hg Budget emissions limitation for the control period, as 
follows:
    (1) Until the amount of Hg allowances deducted equals the number of 
ounces of total Hg emissions, determined in accordance with Sec. Sec. 
60.4170 through 60.4176, from all Hg Budget units at the source for the 
control period; or
    (2) If there are insufficient Hg allowances to complete the 
deductions in paragraph (b)(1) of this section, until no more Hg 
allowances available under paragraph (a) of this section remain in the 
compliance account.
    (c)(1) Identification of Hg allowances by serial number. The Hg 
authorized account representative for a source's compliance account may 
request that specific Hg allowances, identified by serial number, in the 
compliance account be deducted for emissions or excess emissions for a 
control period in accordance with paragraph (b) or (d) of this section. 
Such request shall be submitted to the Administrator by the allowance 
transfer deadline for the control period and include, in a format 
prescribed by the Administrator, the identification of the Hg Budget 
source and the appropriate serial numbers.
    (2) First-in, first-out. The Administrator will deduct Hg allowances 
under paragraph (b) or (d) of this section from the source's compliance 
account, in the absence of an identification or in the case of a partial 
identification of Hg allowances by serial number under paragraph (c)(1) 
of this section, on a first-in, first-out (FIFO) accounting basis in the 
following order:
    (i) Any Hg allowances that were allocated to the units at the 
source, in the order of recordation; and then
    (ii) Any Hg allowances that were allocated to any unit and 
transferred and recorded in the compliance account pursuant to 
Sec. Sec. 60.4160 through 60.4162, in the order of recordation.
    (d) Deductions for excess emissions. (1) After making the deductions 
for compliance under paragraph (b) of this section for a control period 
in a calendar year in which the Hg Budget source has excess emissions, 
the Administrator will deduct from the source's compliance account an 
amount of Hg allowances, allocated for the control period in the 
immediately following calendar year, equal to 3 times the number of 
ounces of the source's excess emissions.
    (2) Any allowance deduction required under paragraph (d)(1) of this 
section shall not affect the liability of the owners and operators of 
the Hg Budget source or the Hg Budget units at the source for any fine, 
penalty, or assessment, or their obligation to comply with any other 
remedy, for the same violation, as ordered under the Clean Air Act or 
applicable State law.
    (e) Recordation of deductions. The Administrator will record in the 
appropriate compliance account all deductions from such an account under 
paragraph (b) or (d) of this section.
    (f) Administrator's action on submissions. (1) The Administrator may 
review and conduct independent audits concerning any submission under 
the Hg Budget Trading Program and make appropriate adjustments of the 
information in the submissions.
    (2) The Administrator may deduct Hg allowances from or transfer Hg 
allowances to a source's compliance account based on the information in 
the submissions, as adjusted under paragraph (f)(1) of this section.



Sec. 60.4155  Banking.

    (a) Hg allowances may be banked for future use or transfer in a 
compliance account or a general account in accordance with paragraph (b) 
of this section.

[[Page 1031]]

    (b) Any Hg allowance that is held in a compliance account or a 
general account will remain in such account unless and until the Hg 
allowance is deducted or transferred under Sec. 60.4154, Sec. 60.4156, 
or Sec. Sec. 60.4160 through 60.4162.



Sec. 60.4156  Account error.

    The Administrator may, at his or her sole discretion and on his or 
her own motion, correct any error in any Hg Allowance Tracking System 
account. Within 10 business days of making such correction, the 
Administrator will notify the Hg authorized account representative for 
the account.



Sec. 60.4157  Closing of general accounts.

    (a) The Hg authorized account representative of a general account 
may submit to the Administrator a request to close the account, which 
shall include a correctly submitted allowance transfer under Sec. 
60.4160 through 60.4162 for any Hg allowances in the account to one or 
more other Hg Allowance Tracking System accounts.
    (b) If a general account has no allowance transfers in or out of the 
account for a 12-month period or longer and does not contain any Hg 
allowances, the Administrator may notify the Hg authorized account 
representative for the account that the account will be closed following 
20 business days after the notice is sent. The account will be closed 
after the 20-day period unless, before the end of the 20-day period, the 
Administrator receives a correctly submitted transfer of Hg allowances 
into the account under Sec. 60.4160 through 60.4162 or a statement 
submitted by the Hg authorized account representative demonstrating to 
the satisfaction of the Administrator good cause as to why the account 
should not be closed.

                         Hg Allowance Transfers



Sec. 60.4160  Submission of Hg allowance transfers.

    An Hg authorized account representative seeking recordation of a Hg 
allowance transfer shall submit the transfer to the Administrator. To be 
considered correctly submitted, the Hg allowance transfer shall include 
the following elements, in a format specified by the Administrator:
    (a) The account numbers for both the transferor and transferee 
accounts;
    (b) The serial number of each Hg allowance that is in the transferor 
account and is to be transferred; and
    (c) The name and signature of the Hg authorized account 
representative of the transferor account and the date signed.



Sec. 60.4161  EPA recordation.

    (a) Within 5 business days (except as provided in paragraph (b) of 
this section) of receiving a Hg allowance transfer, the Administrator 
will record a Hg allowance transfer by moving each Hg allowance from the 
transferor account to the transferee account as specified by the 
request, provided that:
    (1) The transfer is correctly submitted under Sec. 60.4160; and
    (2) The transferor account includes each Hg allowance identified by 
serial number in the transfer.
    (b) A Hg allowance transfer that is submitted for recordation after 
the allowance transfer deadline for a control period and that includes 
any Hg allowances allocated for any control period before such allowance 
transfer deadline will not be recorded until after the Administrator 
completes the deductions under Sec. 60.4154 for the control period 
immediately before such allowance transfer deadline.
    (c) Where a Hg allowance transfer submitted for recordation fails to 
meet the requirements of paragraph (a) of this section, the 
Administrator will not record such transfer.



Sec. 60.4162  Notification.

    (a) Notification of recordation. Within 5 business days of 
recordation of a Hg allowance transfer under Sec. 60.4161, the 
Administrator will notify the Hg authorized account representatives of 
both the transferor and transferee accounts.
    (b) Notification of non-recordation. Within 10 business days of 
receipt of a Hg allowance transfer that fails to meet the requirements 
of Sec. 60.4161(a), the Administrator will notify the Hg authorized 
account representatives of both accounts subject to the transfer of:
    (1) A decision not to record the transfer, and

[[Page 1032]]

    (2) The reasons for such non-recordation.
    (c) Nothing in this section shall preclude the submission of a Hg 
allowance transfer for recordation following notification of non-
recordation.

                        Monitoring and Reporting



Sec. 60.4170  General requirements.

    The owners and operators, and to the extent applicable, the Hg 
designated representative, of a Hg Budget unit, shall comply with the 
monitoring, recordkeeping, and reporting requirements as provided in 
this section, Sec. Sec. 60.4171 through 60.4176, and subpart I of part 
75 of this chapter. For purposes of complying with such requirements, 
the definitions in Sec. 60.4102 and in Sec. 72.2 of this chapter shall 
apply, and the terms ``affected unit,'' ``designated representative,'' 
and ``continuous emission monitoring system'' (or ``CEMS'') in part 75 
of this chapter shall be deemed to refer to the terms ``Hg Budget 
unit,'' ``Hg designated representative,'' and ``continuous emission 
monitoring system'' (or ``CEMS'') respectively, as defined in Sec. 
60.4102. The owner or operator of a unit that is not a Hg Budget unit 
but that is monitored under Sec. 75.82(b)(2)(i) of this chapter shall 
comply with the same monitoring, recordkeeping, and reporting 
requirements as a Hg Budget unit.
    (a) Requirements for installation, certification, and data 
accounting. The owner or operator of each Hg Budget unit shall:
    (1) Install all monitoring systems required under this section and 
Sec. Sec. 60.4171 through 60.4176 for monitoring Hg mass emissions and 
individual unit heat input (including all systems required to monitor Hg 
concentration, stack gas moisture content, stack gas flow rate, and 
CO2 or O2 concentration, as applicable, in 
accordance with Sec. Sec. 75.81 and 75.82 of this chapter);
    (2) Successfully complete all certification tests required under 
Sec. 60.4171 and meet all other requirements of this section, 
Sec. Sec. 60.4171 through 60.4176, and subpart I of part 75 of this 
chapter applicable to the monitoring systems under paragraph (a)(1) of 
this section; and
    (3) Record, report, and quality-assure the data from the monitoring 
systems under paragraph (a)(1) of this section.
    (b) Compliance deadlines. The owner or operator shall meet the 
monitoring system certification and other requirements of paragraphs 
(a)(1) and (2) of this section on or before the following dates. The 
owner or operator shall record, report, and quality-assure the data from 
the monitoring systems under paragraph (a)(1) of this section on and 
after the following dates.
    (1) For the owner or operator of a Hg Budget unit that commences 
commercial operation before July 1, 2008, by January 1, 2009.
    (2) For the owner or operator of a Hg Budget unit that commences 
commercial operation on or after July 1, 2008, by the later of the 
following dates:
    (i) January 1, 2009; or
    (ii) 90 unit operating days or 180 calendar days, whichever occurs 
first, after the date on which the unit commences commercial operation.
    (3) For the owner or operator of a Hg Budget unit for which 
construction of a new stack or flue or installation of add-on Hg 
emission controls, a flue gas desulfurization system, a selective 
catalytic reduction system, or a compact hybrid particulate collector 
system is completed after the applicable deadline under paragraph (b)(1) 
or (2) of this section, by 90 unit operating days or 180 calendar days, 
whichever occurs first, after the date on which emissions first exit to 
the atmosphere through the new stack or flue, add-on Hg emissions 
controls, flue gas desulfurization system, selective catalytic reduction 
system, or compact hybrid particulate collector system.
    (c) Reporting data. (1) Except as provided in paragraph (c)(2) of 
this section, the owner or operator of a Hg Budget unit that does not 
meet the applicable compliance date set forth in paragraph (b) of this 
section for any monitoring system under paragraph (a)(1) of this section 
shall, for each such monitoring system, determine, record, and report 
maximum potential (or, as appropriate, minimum potential) values for Hg 
concentration, stack gas flow rate, stack gas moisture content, and any 
other parameters required to determine Hg mass emissions

[[Page 1033]]

and heat input in accordance with Sec. 75.80(g) of this chapter.
    (2) The owner or operator of a Hg Budget unit that does not meet the 
applicable compliance date set forth in paragraph (b)(3) of this section 
for any monitoring system under paragraph (a)(1) of this section shall, 
for each such monitoring system, determine, record, and report 
substitute data using the applicable missing data procedures in subpart 
D of part 75 of this chapter, in lieu of the maximum potential (or, as 
appropriate, minimum potential) values, for a parameter if the owner or 
operator demonstrates that there is continuity between the data streams 
for that parameter before and after the construction or installation 
under paragraph (b)(3) of this section.
    (d) Prohibitions. (1) No owner or operator of a Hg Budget unit shall 
use any alternative monitoring system, alternative reference method, or 
any other alternative to any requirement of this section and Sec. Sec. 
60.4171 through 60.4176 without having obtained prior written approval 
in accordance with Sec. 60.4175.
    (2) No owner or operator of a Hg Budget unit shall operate the unit 
so as to discharge, or allow to be discharged, Hg emissions to the 
atmosphere without accounting for all such emissions in accordance with 
the applicable provisions of this section, Sec. Sec. 60.4171 through 
60.4176, and subpart I of part 75 of this chapter.
    (3) No owner or operator of a Hg Budget unit shall disrupt the 
continuous emission monitoring system, any portion thereof, or any other 
approved emission monitoring method, and thereby avoid monitoring and 
recording Hg mass emissions discharged into the atmosphere, except for 
periods of recertification or periods when calibration, quality 
assurance testing, or maintenance is performed in accordance with the 
applicable provisions of this section, Sec. Sec. 60.4171 through 
60.4176, and subpart I of part 75 of this chapter.
    (4) No owner or operator of a Hg Budget unit shall retire or 
permanently discontinue use of the continuous emission monitoring 
system, any component thereof, or any other approved monitoring system 
under this subpart, except under any one of the following circumstances:
    (i) During the period that the unit is covered by an exemption under 
Sec. 60.4105 that is in effect;
    (ii) The owner or operator is monitoring emissions from the unit 
with another certified monitoring system approved, in accordance with 
the applicable provisions of this section, Sec. Sec. 60.4171 through 
60.4176, and subpart I of part 75 of this chapter, by the permitting 
authority for use at that unit that provides emission data for the same 
pollutant or parameter as the retired or discontinued monitoring system; 
or
    (iii) The Hg designated representative submits notification of the 
date of certification testing of a replacement monitoring system for the 
retired or discontinued monitoring system in accordance with Sec. 
60.4171(c)(3)(i).



Sec. 60.4171  Initial certification and recertification procedures.

    (a) The owner or operator of a Hg Budget unit shall be exempt from 
the initial certification requirements of this section for a monitoring 
system under Sec. 60.4170(a)(1) if the following conditions are met:
    (1) The monitoring system has been previously certified in 
accordance with part 75 of this chapter; and
    (2) The applicable quality-assurance and quality-control 
requirements of Sec. 75.21 of this chapter and appendix B to part 75 of 
this chapter are fully met for the certified monitoring system described 
in paragraph (a)(1) of this section.
    (b) The recertification provisions of this section shall apply to a 
monitoring system under Sec. 60.4170(a)(1) exempt from initial 
certification requirements under paragraph (a) of this section.
    (c) Except as provided in paragraph (a) of this section, the owner 
or operator of a Hg Budget unit shall comply with the following initial 
certification and recertification procedures for a continuous monitoring 
system (e.g., a continuous emission monitoring system and an excepted 
monitoring system (sorbent trap monitoring system) under Sec. 75.15) 
under Sec. 60.4170(a)(1). The owner or operator of a unit that 
qualifies to use the Hg low mass emissions excepted monitoring 
methodology under Sec. 75.81(b) of this chapter or that

[[Page 1034]]

qualifies to use an alternative monitoring system under subpart E of 
part 75 of this chapter shall comply with the procedures in paragraph 
(d) or (e) of this section respectively.
    (1) Requirements for initial certification. The owner or operator 
shall ensure that each monitoring system under Sec. 60.4170(a)(1) 
(including the automated data acquisition and handling system) 
successfully completes all of the initial certification testing required 
under Sec. 75.20 of this chapter by the applicable deadline in Sec. 
60.4170(b). In addition, whenever the owner or operator installs a 
monitoring system to meet the requirements of this subpart in a location 
where no such monitoring system was previously installed, initial 
certification in accordance with Sec. 75.20 of this chapter is 
required.
    (2) Requirements for recertification. Whenever the owner or operator 
makes a replacement, modification, or change in any certified continuous 
emission monitoring system, or an excepted monitoring system (sorbent 
trap monitoring system) under Sec. 75.15, under Sec. 60.4170(a)(1) 
that may significantly affect the ability of the system to accurately 
measure or record Hg mass emissions or heat input rate or to meet the 
quality-assurance and quality-control requirements of Sec. 75.21 of 
this chapter or appendix B to part 75 of this chapter, the owner or 
operator shall recertify the monitoring system in accordance with Sec. 
75.20(b) of this chapter. Furthermore, whenever the owner or operator 
makes a replacement, modification, or change to the flue gas handling 
system or the unit's operation that may significantly change the stack 
flow or concentration profile, the owner or operator shall recertify 
each continuous emission monitoring system, and each excepted monitoring 
system (sorbent trap monitoring system) under Sec. 75.15, whose 
accuracy is potentially affected by the change, in accordance with Sec. 
75.20(b) of this chapter. Examples of changes to a continuous emission 
monitoring system that require recertification include replacement of 
the analyzer, complete replacement of an existing continuous emission 
monitoring system, or change in location or orientation of the sampling 
probe or site.
    (3) Approval process for initial certification and recertification. 
Paragraphs (c)(3)(i) through (iv) of this section apply to both initial 
certification and recertification of a continuous monitoring system 
under Sec. 60.4170(a)(1). For recertifications, apply the word 
``recertification'' instead of the words ``certification'' and ``initial 
certification'' and apply the word ``recertified'' instead of the word 
``certified,'' and follow the procedures in Sec. 75.20(b)(5) of this 
chapter in lieu of the procedures in paragraph (c)(3)(v) of this 
section.
    (i) Notification of certification. The Hg designated representative 
shall submit to the permitting authority, the appropriate EPA Regional 
Office, and the Administrator written notice of the dates of 
certification testing, in accordance with Sec. 60.4173.
    (ii) Certification application. The Hg designated representative 
shall submit to the permitting authority a certification application for 
each monitoring system. A complete certification application shall 
include the information specified in Sec. 75.63 of this chapter.
    (iii) Provisional certification date. The provisional certification 
date for a monitoring system shall be determined in accordance with 
Sec. 75.20(a)(3) of this chapter. A provisionally certified monitoring 
system may be used under the Hg Budget Trading Program for a period not 
to exceed 120 days after receipt by the permitting authority of the 
complete certification application for the monitoring system under 
paragraph (c)(3)(ii) of this section. Data measured and recorded by the 
provisionally certified monitoring system, in accordance with the 
requirements of part 75 of this chapter, will be considered valid 
quality-assured data (retroactive to the date and time of provisional 
certification), provided that the permitting authority does not 
invalidate the provisional certification by issuing a notice of 
disapproval within 120 days of the date of receipt of the complete 
certification application by the permitting authority.
    (iv) Certification application approval process. The permitting 
authority will issue a written notice of approval or disapproval of the 
certification application to the owner or operator within

[[Page 1035]]

120 days of receipt of the complete certification application under 
paragraph (c)(3)(ii) of this section. In the event the permitting 
authority does not issue such a notice within such 120-day period, each 
monitoring system that meets the applicable performance requirements of 
part 75 of this chapter and is included in the certification application 
will be deemed certified for use under the Hg Budget Trading Program.
    (A) Approval notice. If the certification application is complete 
and shows that each monitoring system meets the applicable performance 
requirements of part 75 of this chapter, then the permitting authority 
will issue a written notice of approval of the certification application 
within 120 days of receipt.
    (B) Incomplete application notice. If the certification application 
is not complete, then the permitting authority will issue a written 
notice of incompleteness that sets a reasonable date by which the Hg 
designated representative must submit the additional information 
required to complete the certification application. If the Hg designated 
representative does not comply with the notice of incompleteness by the 
specified date, then the permitting authority may issue a notice of 
disapproval under paragraph (c)(3)(iv)(C) of this section. The 120-day 
review period shall not begin before receipt of a complete certification 
application.
    (C) Disapproval notice. If the certification application shows that 
any monitoring system does not meet the performance requirements of part 
75 of this chapter or if the certification application is incomplete and 
the requirement for disapproval under paragraph (c)(3)(iv)(B) of this 
section is met, then the permitting authority will issue a written 
notice of disapproval of the certification application. Upon issuance of 
such notice of disapproval, the provisional certification is invalidated 
by the permitting authority and the data measured and recorded by each 
uncertified monitoring system shall not be considered valid quality-
assured data beginning with the date and hour of provisional 
certification (as defined under Sec. 75.20(a)(3) of this chapter). The 
owner or operator shall follow the procedures for loss of certification 
in paragraph (c)(3)(v) of this section for each monitoring system that 
is disapproved for initial certification.
    (D) Audit decertification. The permitting authority may issue a 
notice of disapproval of the certification status of a monitor in 
accordance with Sec. 60.4172(b).
    (v) Procedures for loss of certification. If the permitting 
authority issues a notice of disapproval of a certification application 
under paragraph (c)(3)(iv)(C) of this section or a notice of disapproval 
of certification status under paragraph (c)(3)(iv)(D) of this section, 
then:
    (A) The owner or operator shall substitute the following values, for 
each disapproved monitoring system, for each hour of unit operation 
during the period of invalid data specified under Sec. 
75.20(a)(4)(iii), or Sec. 75.21(e) of this chapter and continuing until 
the applicable date and hour specified under Sec. 75.20(a)(5)(i) of 
this chapter:
    (1) For a disapproved Hg pollutant concentration monitors and 
disapproved flow monitor, respectively, the maximum potential 
concentration of Hg and the maximum potential flow rate, as defined in 
sections 2.1.7.1 and 2.1.4.1 of appendix A to part 75 of this chapter; 
and
    (2) For a disapproved moisture monitoring system and disapproved 
diluent gas monitoring system, respectively, the minimum potential 
moisture percentage and either the maximum potential CO2 
concentration or the minimum potential O2 concentration (as 
applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of 
appendix A to part 75 of this chapter.
    (3) For a disapproved excepted monitoring system (sorbent trap 
monitoring system) under Sec. 75.15 and disapproved flow monitor, 
respectively, the maximum potential concentration of Hg and maximum 
potential flow rate, as defined in sections 2.1.7.1 and 2.1.4.1 of 
appendix A to part 75 of this chapter.
    (B) The Hg designated representative shall submit a notification of 
certification retest dates and a new certification application in 
accordance with paragraphs (c)(3)(i) and (ii) of this section.

[[Page 1036]]

    (C) The owner or operator shall repeat all certification tests or 
other requirements that were failed by the monitoring system, as 
indicated in the permitting authority's notice of disapproval, no later 
than 30 unit operating days after the date of issuance of the notice of 
disapproval.
    (d) Initial certification and recertification procedures for units 
using the Hg low mass emission excepted methodology under Sec. 75.81(b) 
of this chapter. The owner or operator of a unit qualified to use the Hg 
low mass emissions (HgLME) excepted methodology under Sec. 75.81(b) of 
this chapter shall meet the applicable certification and recertification 
requirements in Sec. 75.81(c) through (f) of this chapter.
    (e) Certification/recertification procedures for alternative 
monitoring systems. The Hg designated representative of each unit for 
which the owner or operator intends to use an alternative monitoring 
system approved by the Administrator and, if applicable, the permitting 
authority under subpart E of part 75 of this chapter shall comply with 
the applicable notification and application procedures of Sec. 75.20(f) 
of this chapter.



Sec. 60.4172  Out of control periods.

    (a) Whenever any monitoring system fails to meet the quality-
assurance and quality-control requirements or data validation 
requirements of part 75 of this chapter, data shall be substituted using 
the applicable missing data procedures in subpart D of part 75 of this 
chapter.
    (b) Audit decertification. Whenever both an audit of a monitoring 
system and a review of the initial certification or recertification 
application reveal that any monitoring system should not have been 
certified or recertified because it did not meet a particular 
performance specification or other requirement under Sec. 60.4171 or 
the applicable provisions of part 75 of this chapter, both at the time 
of the initial certification or recertification application submission 
and at the time of the audit, the permitting authority will issue a 
notice of disapproval of the certification status of such monitoring 
system. For the purposes of this paragraph, an audit shall be either a 
field audit or an audit of any information submitted to the permitting 
authority or the Administrator. By issuing the notice of disapproval, 
the permitting authority revokes prospectively the certification status 
of the monitoring system. The data measured and recorded by the 
monitoring system shall not be considered valid quality-assured data 
from the date of issuance of the notification of the revoked 
certification status until the date and time that the owner or operator 
completes subsequently approved initial certification or recertification 
tests for the monitoring system. The owner or operator shall follow the 
applicable initial certification or recertification procedures in Sec. 
60.4171 for each disapproved monitoring system.



Sec. 60.4173  Notifications.

    The Hg designated representative for a Hg Budget unit shall submit 
written notice to the permitting authority and the Administrator in 
accordance with Sec. 75.61 of this chapter, except that if the unit is 
not subject to an Acid Rain emissions limitation, the notification is 
only required to be sent to the permitting authority.



Sec. 60.4174  Recordkeeping and reporting.

    (a) General provisions. (1) The Hg designated representative shall 
comply with all recordkeeping and reporting requirements in this section 
and the requirements of Sec. 60.4110(e)(1).
    (2) If a Hg Budget unit is subject to an Acid Rain emission 
limitation or the CAIR NOX Annual Trading Program, CAIR 
SO2 Trading Program, or CAIR NOX Ozone Season 
Trading Program, and the Hg designated representative who signed and 
certified any submission that is made under subpart F or G of part 75 of 
this chapter and that includes data and information required under this 
section, Sec. Sec. 60.4170 through 60.4173, Sec. 60.4175, Sec. 
60.4176, or subpart I of part 75 of this chapter is not the same person 
as the designated representative or alternative designated 
representative, or the CAIR designated representative or alternate CAIR 
designated representative, for the unit under part 72

[[Page 1037]]

of this chapter and the CAIR NOX Annual Trading Program, CAIR 
SO2 Trading Program, or CAIR NOX Ozone Season 
Trading Program, then the submission must also be signed by the 
designated representative or alternative designated representative, or 
the CAIR designated representative or alternate CAIR designated 
representative, as applicable.
    (b) Monitoring plans. The owner or operator of a Hg Budget unit 
shall comply with requirements of Sec. 75.84(e) of this chapter.
    (c) Certification applications. The Hg designated representative 
shall submit an application to the permitting authority within 45 days 
after completing all initial certification or recertification tests 
required under Sec. 60.4171, including the information required under 
Sec. 75.63 of this chapter.
    (d) Quarterly reports. The Hg designated representative shall submit 
quarterly reports, as follows:
    (1) The Hg designated representative shall report the Hg mass 
emissions data and heat input data for the Hg Budget unit, in an 
electronic quarterly report in a format prescribed by the Administrator, 
for each calendar quarter beginning with:
    (i) For a unit that commences commercial operation before July 1, 
2008, the calendar quarter covering January 1, 2009 through March 31, 
2009; or
    (ii) For a unit that commences commercial operation on or after July 
1, 2008, the calendar quarter corresponding to the earlier of the date 
of provisional certification or the applicable deadline for initial 
certification under Sec. 60.4170(b), unless that quarter is the third 
or fourth quarter of 2008, in which case reporting shall commence in the 
quarter covering January 1, 2009 through March 31, 2009.
    (2) The Hg designated representative shall submit each quarterly 
report to the Administrator within 30 days following the end of the 
calendar quarter covered by the report. Quarterly reports shall be 
submitted in the manner specified in Sec. 75.84(f) of this chapter.
    (3) For Hg Budget units that are also subject to an Acid Rain 
emissions limitation or the CAIR NOX Annual Trading Program, 
CAIR SO2 Trading Program, or CAIR NOX Ozone Season 
Trading Program, quarterly reports shall include the applicable data and 
information required by subparts F through H of part 75 of this chapter 
as applicable, in addition to the Hg mass emission data, heat input 
data, and other information required by this section, Sec. Sec. 60.4170 
through 60.4173, Sec. 60.4175, and Sec. 60.4176.
    (e) Compliance certification. The Hg designated representative shall 
submit to the Administrator a compliance certification (in a format 
prescribed by the Administrator) in support of each quarterly report 
based on reasonable inquiry of those persons with primary responsibility 
for ensuring that all of the unit's emissions are correctly and fully 
monitored. The certification shall state that:
    (1) The monitoring data submitted were recorded in accordance with 
the applicable requirements of this section, Sec. Sec. 60.4170 through 
60.4173, Sec. 60.4175, Sec. 60.4176, and part 75 of this chapter, 
including the quality assurance procedures and specifications; and
    (2) For a unit with add-on Hg emission controls, a flue gas 
desulfurization system, a selective catalytic reduction system, or a 
compact hybrid particulate collector system and for all hours where Hg 
data are substituted in accordance with Sec. 75.34(a)(1) of this 
chapter, the Hg add-on emission controls, flue gas desulfurization 
system, selective catalytic reduction system, or compact hybrid 
particulate collector system were operating within the range of 
parameters listed in the quality assurance/quality control program under 
appendix B to part 75 of this chapter, or quality-assured SO2 
emission data recorded in accordance with part 75 of this chapter 
document that the flue gas desulfurization system, or quality-assured 
NOX emission data recorded in accordance with part 75 of this 
chapter document that the selective catalytic reduction system, was 
operating properly, as applicable, and the substitute data values do not 
systematically underestimate Hg emissions.



Sec. 60.4175  Petitions.

    The Hg designated representative of a Hg unit may submit a petition 
under

[[Page 1038]]

Sec. 75.66 of this chapter to the Administrator requesting approval to 
apply an alternative to any requirement of Sec. Sec. 60.4170 through 
60.4174 and Sec. 60.4176. Application of an alternative to any 
requirement of Sec. Sec. 60.4170 through 60.4174 and Sec. 60.4176 is 
in accordance with this section and Sec. Sec. 60.4170 through 60.4174 
and Sec. 60.4176 only to the extent that the petition is approved in 
writing by the Administrator, in consultation with the permitting 
authority.



Sec. 60.4176  Additional requirements to provide heat input data.

    The owner or operator of a Hg Budget unit that monitors and reports 
Hg mass emissions using a Hg concentration monitoring system and a flow 
monitoring system shall also monitor and report heat input rate at the 
unit level using the procedures set forth in part 75 of this chapter.



    Subpart IIII_Standards of Performance for Stationary Compression 
                  Ignition Internal Combustion Engines

    Source: 71 FR 39172, July 11, 2006, unless otherwise noted.

                        What This Subpart Covers



Sec. 60.4200  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary compression ignition (CI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (3) 
of this section. For the purposes of this subpart, the date that 
construction commences is the date the engine is ordered by the owner or 
operator.
    (1) Manufacturers of stationary CI ICE with a displacement of less 
than 30 liters per cylinder where the model year is:
    (i) 2007 or later, for engines that are not fire pump engines,
    (ii) The model year listed in table 3 to this subpart or later model 
year, for fire pump engines.
    (2) Owners and operators of stationary CI ICE that commence 
construction after July 11, 2005 where the stationary CI ICE are:
    (i) Manufactured after April 1, 2006 and are not fire pump engines, 
or
    (ii) Manufactured as a certified National Fire Protection 
Association (NFPA) fire pump engine after July 1, 2006.
    (3) Owners and operators of stationary CI ICE that modify or 
reconstruct their stationary CI ICE after July 11, 2005.
    (b) The provisions of this subpart are not applicable to stationary 
CI ICE being tested at a stationary CI ICE test cell/stand.
    (c) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 40 CFR part 71, provided you are not required to 
obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason 
other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart applicable to area sources.
    (d) Stationary CI ICE may be eligible for exemption from the 
requirements of this subpart as described in 40 CFR part 1068, subpart C 
(or the exemptions described in 40 CFR part 89, subpart J and 40 CFR 
part 94, subpart J, for engines that would need to be certified to 
standards in those parts), except that owners and operators, as well as 
manufacturers, may be eligible to request an exemption for national 
security.

    Effective Date Note: At 76 FR 37967, June 28, 2011, Sec. 60.4200 
was amended by revising paragraph (a) and adding paragraph (e), 
effective Aug. 29, 2011. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 60.4200  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary compression ignition (CI) internal 
combustion engines (ICE) and other persons as specified in paragraphs 
(a)(1) through (4) of this section. For the purposes of this subpart, 
the date that construction commences is the date the engine is ordered 
by the owner or operator.
    (1) Manufacturers of stationary CI ICE with a displacement of less 
than 30 liters per cylinder where the model year is:
    (i) 2007 or later, for engines that are not fire pump engines;

[[Page 1039]]

    (ii) The model year listed in Table 3 to this subpart or later model 
year, for fire pump engines.
    (2) Owners and operators of stationary CI ICE that commence 
construction after July 11, 2005, where the stationary CI ICE are:
    (i) Manufactured after April 1, 2006, and are not fire pump engines, 
or
    (ii) Manufactured as a certified National Fire Protection 
Association (NFPA) fire pump engine after July 1, 2006.
    (3) Owners and operators of any stationary CI ICE that are modified 
or reconstructed after July 11, 2005 and any person that modifies or 
reconstructs any stationary CI ICE after July 11, 2005.
    (4) The provisions of Sec. 60.4208 of this subpart are applicable 
to all owners and operators of stationary CI ICE that commence 
construction after July 11, 2005.

                                * * * * *

    (e) Owners and operators of facilities with CI ICE that are acting 
as temporary replacement units and that are located at a stationary 
source for less than 1 year and that have been properly certified as 
meeting the standards that would be applicable to such engine under the 
appropriate nonroad engine provisions, are not required to meet any 
other provisions under this subpart with regard to such engines.

                  Emission Standards for Manufacturers



Sec. 60.4201  What emission standards must I meet for non-emergency
engines if I am a stationary CI internal combustion engine manufacturer?

    (a) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later non-emergency stationary CI ICE 
with a maximum engine power less than or equal to 2,237 kilowatt (KW) 
(3,000 horsepower (HP)) and a displacement of less than 10 liters per 
cylinder to the certification emission standards for new nonroad CI 
engines in 40 CFR 89.112, 40 CFR 89.113, 40 CFR 1039.101, 40 CFR 
1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 CFR 
1039.115, as applicable, for all pollutants, for the same model year and 
maximum engine power.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their 2007 through 2010 model year non-emergency stationary CI 
ICE with a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder to the emission 
standards in table 1 to this subpart, for all pollutants, for the same 
maximum engine power.
    (c) Stationary CI internal combustion engine manufacturers must 
certify their 2011 model year and later non-emergency stationary CI ICE 
with a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder to the certification 
emission standards for new nonroad CI engines in 40 CFR 1039.101, 40 CFR 
1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 CFR 
1039.115, as applicable, for all pollutants, for the same maximum engine 
power.
    (d) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later non-emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder to the certification emission 
standards for new marine CI engines in 40 CFR 94.8, as applicable, for 
all pollutants, for the same displacement and maximum engine power.

    Effective Date Note: At 76 FR 37967, June 28, 2011, Sec. 60.4201 
was amended by revising paragraph (d) and adding paragraphs (e) through 
(g), effective Aug. 29, 2011. For the convenience of the user, the added 
and revised text is set forth as follows:



Sec. 60.4201  What emission standards must I meet for non-emergency 
          engines if I am a stationary CI internal combustion engine 
          manufacturer?

                                * * * * *

    (d) Stationary CI internal combustion engine manufacturers must 
certify the following non-emergency stationary CI ICE to the 
certification emission standards for new marine CI engines in 40 CFR 
94.8, as applicable, for all pollutants, for the same displacement and 
maximum engine power:
    (1) Their 2007 model year through 2012 non-emergency stationary CI 
ICE with a displacement of greater than or equal to 10 liters per 
cylinder and less than 30 liters per cylinder;
    (2) Their 2013 model year non-emergency stationary CI ICE with a 
maximum engine power greater than or equal to 3,700 KW (4,958 HP) and a 
displacement of greater than or equal to 10 liters per cylinder and less 
than 15 liters per cylinder; and
    (3) Their 2013 model year non-emergency stationary CI ICE with a 
displacement of

[[Page 1040]]

greater than or equal to 15 liters per cylinder and less than 30 liters 
per cylinder.
    (e) Stationary CI internal combustion engine manufacturers must 
certify the following non-emergency stationary CI ICE to the 
certification emission standards and other requirements for new marine 
CI engines in 40 CFR 1042.101, 40 CFR 1042.107, 40 CFR 1042.110, 40 CFR 
1042.115, 40 CFR 1042.120, and 40 CFR 1042.145, as applicable, for all 
pollutants, for the same displacement and maximum engine power:
    (1) Their 2013 model year non-emergency stationary CI ICE with a 
maximum engine power less than 3,700 KW (4,958 HP) and a displacement of 
greater than or equal to 10 liters per cylinder and less than 15 liters 
per cylinder; and
    (2) Their 2014 model year and later non-emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder.
    (f) Notwithstanding the requirements in paragraphs (a) through (c) 
of this section, stationary non-emergency CI ICE identified in 
paragraphs (a) and (c) may be certified to the provisions of 40 CFR part 
94 or, if Table 1 to 40 CFR 1042.1 identifies 40 CFR part 1042 as being 
applicable, 40 CFR part 1042, if the engines will be used solely in 
either or both of the following locations:
    (1) Areas of Alaska not accessible by the Federal Aid Highway System 
(FAHS); and
    (2) Marine offshore installations.
    (g) Notwithstanding the requirements in paragraphs (a) through (f) 
of this section, stationary CI internal combustion engine manufacturers 
are not required to certify reconstructed engines; however manufacturers 
may elect to do so. The reconstructed engine must be certified to the 
emission standards specified in paragraphs (a) through (e) of this 
section that are applicable to the model year, maximum engine power, and 
displacement of the reconstructed stationary CI ICE.



Sec. 60.4202  What emission standards must I meet for emergency 
engines if I am a stationary CI internal combustion engine 

manufacturer?

    (a) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE with 
a maximum engine power less than or equal to 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder that are not fire pump 
engines to the emission standards specified in paragraphs (a)(1) through 
(2) of this section.
    (1) For engines with a maximum engine power less than 37 KW (50 HP):
    (i) The certification emission standards for new nonroad CI engines 
for the same model year and maximum engine power in 40 CFR 89.112 and 40 
CFR 89.113 for all pollutants for model year 2007 engines, and
    (ii) The certification emission standards for new nonroad CI engines 
in 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, 40 CFR 1039.115, 
and table 2 to this subpart, for 2008 model year and later engines.
    (2) For engines with a maximum engine power greater than or equal to 
37 KW (50 HP), the certification emission standards for new nonroad CI 
engines for the same model year and maximum engine power in 40 CFR 
89.112 and 40 CFR 89.113 for all pollutants beginning in model year 
2007.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE with 
a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder that are not fire pump 
engines to the emission standards specified in paragraphs (b)(1) through 
(2) of this section.
    (1) For 2007 through 2010 model years, the emission standards in 
table 1 to this subpart, for all pollutants, for the same maximum engine 
power.
    (2) For 2011 model year and later, the certification emission 
standards for new nonroad CI engines for engines of the same model year 
and maximum engine power in 40 CFR 89.112 and 40 CFR 89.113 for all 
pollutants.
    (c) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE with 
a displacement of greater than or equal to 10 liters per cylinder and 
less than 30 liters per cylinder that are not fire pump engines to the 
certification emission standards for new marine CI engines in 40 CFR 
94.8, as applicable, for all pollutants, for the same displacement and 
maximum engine power.
    (d) Beginning with the model years in table 3 to this subpart, 
stationary CI internal combustion engine manufacturers must certify 
their fire pump stationary CI ICE to the emission standards in table 4 
to this subpart, for all pollutants, for the same model year and NFPA 
nameplate power.

[[Page 1041]]


    Effective Date Note: At 76 FR 37968, June 28, 2011, Sec. 60.4202 
was amended by removing and reserving paragraph (c) and adding 
paragraphs (e) through (h), effective Aug. 29, 2011. For the convenience 
of the user, the added and revised text is set forth as follows:



Sec. 60.4202  What emission standards must I meet for emergency engines 
          if I am a stationary CI internal combustion engine 
          manufacturer?

                                * * * * *

    (c) [Reserved]

                                * * * * *

    (e) Stationary CI internal combustion engine manufacturers must 
certify the following emergency stationary CI ICE that are not fire pump 
engines to the certification emission standards for new marine CI 
engines in 40 CFR 94.8, as applicable, for all pollutants, for the same 
displacement and maximum engine power:
    (1) Their 2007 model year through 2012 emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder;
    (2) Their 2013 model year and later emergency stationary CI ICE with 
a maximum engine power greater than or equal to 3,700 KW (4,958 HP) and 
a displacement of greater than or equal to 10 liters per cylinder and 
less than 15 liters per cylinder;
    (3) Their 2013 model year emergency stationary CI ICE with a 
displacement of greater than or equal to 15 liters per cylinder and less 
than 30 liters per cylinder; and
    (4) Their 2014 model year and later emergency stationary CI ICE with 
a maximum engine power greater than or equal to 2,000 KW (2,682 HP) and 
a displacement of greater than or equal to 15 liters per cylinder and 
less than 30 liters per cylinder.
    (f) Stationary CI internal combustion engine manufacturers must 
certify the following emergency stationary CI ICE to the certification 
emission standards and other requirements applicable to Tier 3 new 
marine CI engines in 40 CFR 1042.101, 40 CFR 1042.107, 40 CFR 1042.115, 
40 CFR 1042.120, and 40 CFR 1042.145, for all pollutants, for the same 
displacement and maximum engine power:
    (1) Their 2013 model year and later emergency stationary CI ICE with 
a maximum engine power less than 3,700 KW (4,958 HP) and a displacement 
of greater than or equal to 10 liters per cylinder and less than 15 
liters per cylinder; and
    (2) Their 2014 model year and later emergency stationary CI ICE with 
a maximum engine power less than 2,000 KW (2,682 HP) and a displacement 
of greater than or equal to 15 liters per cylinder and less than 30 
liters per cylinder.
    (g) Notwithstanding the requirements in paragraphs (a) through (d) 
of this section, stationary emergency CI internal combustion engines 
identified in paragraphs (a) and (c) may be certified to the provisions 
of 40 CFR part 94 or, if Table 2 to 40 CFR 1042.101 identifies Tier 3 
standards as being applicable, the requirements applicable to Tier 3 
engines in 40 CFR part 1042, if the engines will be used solely in 
either or both of the following locations:
    (1) Areas of Alaska not accessible by the FAHS; and
    (2) Marine offshore installations.
    (h) Notwithstanding the requirements in paragraphs (a) through (f) 
of this section, stationary CI internal combustion engine manufacturers 
are not required to certify reconstructed engines; however manufacturers 
may elect to do so. The reconstructed engine must be certified to the 
emission standards specified in paragraphs (a) through (f) of this 
section that are applicable to the model year, maximum engine power and 
displacement of the reconstructed emergency stationary CI ICE.



Sec. 60.4203  How long must my engines meet the emission standards if
I am a stationary CI internal combustion engine manufacturer?

    Engines manufactured by stationary CI internal combustion engine 
manufacturers must meet the emission standards as required in Sec. Sec. 
60.4201 and 60.4202 during the useful life of the engines.

    Effective Date Note: At 76 FR 37968, June 28, 2011, Sec. 60.4203 
was revised, effective Aug. 29, 2011. For the convenience of the user, 
the revised text is set forth as follows:



Sec. 60.4203  How long must my engines meet the emission standards if I 
          am a manufacturer of stationary CI internal combustion 
          engines?

    Engines manufactured by stationary CI internal combustion engine 
manufacturers must meet the emission standards as required in Sec. Sec. 
60.4201 and 60.4202 during the certified emissions life of the engines.

               Emission Standards for Owners and Operators



Sec. 60.4204  What emission standards must I meet for non-emergency 
engines if I am an owner or operator of a stationary CI internal

combustion engine?

    (a) Owners and operators of pre-2007 model year non-emergency 
stationary CI ICE with a displacement of less than

[[Page 1042]]

10 liters per cylinder must comply with the emission standards in table 
1 to this subpart. Owners and operators of pre-2007 model year non-
emergency stationary CI ICE with a displacement of greater than or equal 
to 10 liters per cylinder and less than 30 liters per cylinder must 
comply with the emission standards in 40 CFR 94.8(a)(1).
    (b) Owners and operators of 2007 model year and later non-emergency 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder must comply with the emission standards for new CI engines in 
Sec. 60.4201 for their 2007 model year and later stationary CI ICE, as 
applicable.
    (c) Owners and operators of non-emergency stationary CI ICE with a 
displacement of greater than or equal to 30 liters per cylinder must 
meet the requirements in paragraphs (c)(1) and (2) of this section.
    (1) Reduce nitrogen oxides (NOX) emissions by 90 percent 
or more, or limit the emissions of NOX in the stationary CI 
internal combustion engine exhaust to 1.6 grams per KW-hour (g/KW-hr) 
(1.2 grams per HP-hour (g/HP-hr)).
    (2) Reduce particulate matter (PM) emissions by 60 percent or more, 
or limit the emissions of PM in the stationary CI internal combustion 
engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).

    Effective Date Note: At 76 FR 37968, June 28, 2011, Sec. 60.4204 
was amended by revising paragraph (c) and adding paragraphs (d) and (e), 
effective Aug. 28, 2011. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 60.4204  What emission standards must I meet for non-emergency 
          engines if I am an owner or operator of a stationary CI 
          internal combustion engine?

                                * * * * *

    (c) Owners and operators of non-emergency stationary CI engines with 
a displacement of greater than or equal to 30 liters per cylinder must 
meet the following requirements:
    (1) For engines installed prior to January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 17.0 grams per kilowatt-hour (g/KW-hr) (12.7 grams per 
horsepower-hr (g/HP-hr)) when maximum engine speed is less than 130 
revolutions per minute (rpm);
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot] 
n-0.2 g/HP-hr) when maximum engine speed is 130 or more but 
less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 
rpm or more.
    (2) For engines installed on or after January 1, 2012 and before 
January 1, 2016, limit the emissions of NOX in the stationary 
CI internal combustion engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot] 
n-0.23 g/HP-hr) when maximum engine speed is greater than or 
equal to 130 but less than 2,000 rpm and where n is maximum engine 
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is greater 
than or equal to 2,000 rpm.
    (3) For engines installed on or after January 1, 2016, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 3.4 g/KW-hr (2.5 g/HP-hr) when maximum engine speed is less than 
130 rpm;
    (ii) 9.0 [middot] n-0.20 g/KW-hr (6.7 [middot] 
n-0.20 g/HP-hr) where n (maximum engine speed) is 130 or more 
but less than 2,000 rpm; and
    (iii) 2.0 g/KW-hr (1.5 g/HP-hr) where maximum engine speed is 
greater than or equal to 2,000 rpm.
    (4) Reduce particulate matter (PM) emissions by 60 percent or more, 
or limit the emissions of PM in the stationary CI internal combustion 
engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).
    (d) Owners and operators of non-emergency stationary CI ICE with a 
displacement of less than 30 liters per cylinder who conduct performance 
tests in-use must meet the not-to-exceed (NTE) standards as indicated in 
Sec. 60.4212.
    (e) Owners and operators of any modified or reconstructed non-
emergency stationary CI ICE subject to this subpart must meet the 
emission standards applicable to the model year, maximum engine power, 
and displacement of the modified or reconstructed non-emergency 
stationary CI ICE that are specified in paragraphs (a) through (d) of 
this section.



Sec. 60.4205  What emission standards must I meet for emergency engines
if I am an owner or operator of a stationary CI internal combustion engine?

    (a) Owners and operators of pre-2007 model year emergency stationary 
CI ICE with a displacement of less than 10 liters per cylinder that are 
not fire pump engines must comply with the emission standards in table 1 
to this subpart. Owners and operators of pre-

[[Page 1043]]

2007 model year non-emergency stationary CI ICE with a displacement of 
greater than or equal to 10 liters per cylinder and less than 30 liters 
per cylinder that are not fire pump engines must comply with the 
emission standards in 40 CFR 94.8(a)(1).
    (b) Owners and operators of 2007 model year and later emergency 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder that are not fire pump engines must comply with the emission 
standards for new nonroad CI engines in Sec. 60.4202, for all 
pollutants, for the same model year and maximum engine power for their 
2007 model year and later emergency stationary CI ICE.
    (c) Owners and operators of fire pump engines with a displacement of 
less than 30 liters per cylinder must comply with the emission standards 
in table 4 to this subpart, for all pollutants.
    (d) Owners and operators of emergency stationary CI ICE with a 
displacement of greater than or equal to 30 liters per cylinder must 
meet the requirements in paragraphs (d)(1) and (2) of this section.
    (1) Reduce NOX emissions by 90 percent or more, or limit 
the emissions of NOX in the stationary CI internal combustion 
engine exhaust to 1.6 grams per KW-hour (1.2 grams per HP-hour).
    (2) Reduce PM emissions by 60 percent or more, or limit the 
emissions of PM in the stationary CI internal combustion engine exhaust 
to 0.15 g/KW-hr (0.11 g/HP-hr).

    Effective Date Note: At 76 FR 37969, June 28, 2011, Sec. 60.4205 
was amended by revising paragraphs (a) and (d) and adding paragraphs (e) 
and (f), effective Aug. 29, 2011. For the convenience of the user, the 
added and revised text is set forth as follows:



Sec. 60.4205  What emission standards must I meet for emergency engines 
          if I am an owner or operator of a stationary CI internal 
          combustion engine?

    (a) Owners and operators of pre-2007 model year emergency stationary 
CI ICE with a displacement of less than 10 liters per cylinder that are 
not fire pump engines must comply with the emission standards in Table 1 
to this subpart. Owners and operators of pre-2007 model year emergency 
stationary CI ICE with a displacement of greater than or equal to 10 
liters per cylinder and less than 30 liters per cylinder that are not 
fire pump engines must comply with the emission standards in 40 CFR 
94.8(a)(1).

                                * * * * *

    (d) Owners and operators of emergency stationary CI engines with a 
displacement of greater than or equal to 30 liters per cylinder must 
meet the requirements in this section.
    (1) For engines installed prior to January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot] 
n-0.2 g/HP-hr) when maximum engine speed is 130 or more but 
less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/kW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 
rpm or more.
    (2) For engines installed on or after January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot] 
n-0.23 g/HP-hr) when maximum engine speed is greater than or 
equal to 130 but less than 2,000 rpm and where n is maximum engine 
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is greater 
than or equal to 2,000 rpm.
    (3) Limit the emissions of PM in the stationary CI internal 
combustion engine exhaust to 0.40 g/KW-hr (0.30 g/HP-hr).
    (e) Owners and operators of emergency stationary CI ICE with a 
displacement of less than 30 liters per cylinder who conduct performance 
tests in-use must meet the NTE standards as indicated in Sec. 60.4212.
    (f) Owners and operators of any modified or reconstructed emergency 
stationary CI ICE subject to this subpart must meet the emission 
standards applicable to the model year, maximum engine power, and 
displacement of the modified or reconstructed CI ICE that are specified 
in paragraphs (a) through (e) of this section.



Sec. 60.4206  How long must I meet the emission standards if I am an 
owner or operator of a stationary CI internal combustion engine?

    Owners and operators of stationary CI ICE must operate and maintain 
stationary CI ICE that achieve the emission standards as required in 
Sec. Sec. 60.4204 and 60.4205 according to the manufacturer's written 
instructions or procedures developed by the owner or operator that are 
approved by the engine manufacturer, over the entire life of the engine.

[[Page 1044]]

               Fuel Requirements for Owners and Operators

    Effective Date Note: At 76 FR 37969, June 28, 2011, Sec. 60.4206 
was revised, effective Aug. 29, 2011. For the convenience of the user, 
the revised text is set forth as follows:



Sec. 60.4206  How long must I meet the emission standards if I am an 
          owner or operator of a stationary CI internal combustion 
          engine?

    Owners and operators of stationary CI ICE must operate and maintain 
stationary CI ICE that achieve the emission standards as required in 
Sec. Sec. 60.4204 and 60.4205 over the entire life of the engine.



Sec. 60.4207  What fuel requirements must I meet if I am an owner or 
operator of a stationary CI internal combustion engine subject

to this subpart?

    (a) Beginning October 1, 2007, owners and operators of stationary CI 
ICE subject to this subpart that use diesel fuel must use diesel fuel 
that meets the requirements of 40 CFR 80.510(a).
    (b) Beginning October 1, 2010, owners and operators of stationary CI 
ICE subject to this subpart with a displacement of less than 30 liters 
per cylinder that use diesel fuel must use diesel fuel that meets the 
requirements of 40 CFR 80.510(b) for nonroad diesel fuel.
    (c) Owners and operators of pre-2011 model year stationary CI ICE 
subject to this subpart may petition the Administrator for approval to 
use remaining non-compliant fuel that does not meet the fuel 
requirements of paragraphs (a) and (b) of this section beyond the dates 
required for the purpose of using up existing fuel inventories. If 
approved, the petition will be valid for a period of up to 6 months. If 
additional time is needed, the owner or operator is required to submit a 
new petition to the Administrator.
    (d) Owners and operators of pre-2011 model year stationary CI ICE 
subject to this subpart that are located in areas of Alaska not 
accessible by the Federal Aid Highway System may petition the 
Administrator for approval to use any fuels mixed with used lubricating 
oil that do not meet the fuel requirements of paragraphs (a) and (b) of 
this section. Owners and operators must demonstrate in their petition to 
the Administrator that there is no other place to use the lubricating 
oil. If approved, the petition will be valid for a period of up to 6 
months. If additional time is needed, the owner or operator is required 
to submit a new petition to the Administrator.
    (e) Stationary CI ICE that have a national security exemption under 
Sec. 60.4200(d) are also exempt from the fuel requirements in this 
section.

    Effective Date Note: At 76 FR 37969, June 28, 2011, Sec. 60.4207 
was amended by revising paragraph (b), removing and reserving paragraph 
(c), and revising paragraph (d), effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 60.4207  What fuel requirements must I meet if I am an owner or 
          operator of a stationary CI internal combustion engine subject 
          to this subpart?

                                * * * * *

    (b) Beginning October 1, 2010, owners and operators of stationary CI 
ICE subject to this subpart with a displacement of less than 30 liters 
per cylinder that use diesel fuel must purchase diesel fuel that meets 
the requirements of 40 CFR 80.510(b) for nonroad diesel fuel.
    (c) [Reserved]
    (d) Beginning June 1, 2012, owners and operators of stationary CI 
ICE subject to this subpart with a displacement of greater than or equal 
to 30 liters per cylinder are no longer subject to the requirements of 
paragraph (a) of this section, and must use fuel that meets a maximum 
per-gallon sulfur content of 1,000 parts per million (ppm).

                                * * * * *

               Other Requirements for Owners and Operators



Sec. 60.4208  What is the deadline for importing or installing 
stationary CI ICE produced in the previous model year?

    (a) After December 31, 2008, owners and operators may not install 
stationary CI ICE (excluding fire pump engines) that do not meet the 
applicable requirements for 2007 model year engines.
    (b) After December 31, 2009, owners and operators may not install 
stationary CI ICE with a maximum engine power of less than 19 KW (25 HP) 
(excluding fire pump engines) that do not meet the applicable 
requirements for 2008 model year engines.

[[Page 1045]]

    (c) After December 31, 2014, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 19 KW (25 HP) and less than 56 KW (75 HP) that do not 
meet the applicable requirements for 2013 model year non-emergency 
engines.
    (d) After December 31, 2013, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 56 KW (75 HP) and less than 130 KW (175 HP) that do not 
meet the applicable requirements for 2012 model year non-emergency 
engines.
    (e) After December 31, 2012, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 130 KW (175 HP), including those above 560 KW (750 HP), 
that do not meet the applicable requirements for 2011 model year non-
emergency engines.
    (f) After December 31, 2016, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 560 KW (750 HP) that do not meet the applicable 
requirements for 2015 model year non-emergency engines.
    (g) In addition to the requirements specified in Sec. Sec. 60.4201, 
60.4202, 60.4204, and 60.4205, it is prohibited to import stationary CI 
ICE with a displacement of less than 30 liters per cylinder that do not 
meet the applicable requirements specified in paragraphs (a) through (f) 
of this section after the dates specified in paragraphs (a) through (f) 
of this section.
    (h) The requirements of this section do not apply to owners or 
operators of stationary CI ICE that have been modified, reconstructed, 
and do not apply to engines that were removed from one existing location 
and reinstalled at a new location.

    Effective Date Note: At 76 FR 37969, June 28, 2011, Sec. 60.4208 
was amended by revising the section heading, revising paragraphs (g) and 
(h), and adding paragraph (i), effective Aug. 29, 2011. For the 
convenience of the user, the added and revised text is set forth as 
follows:



Sec. 60.4208  What is the deadline for importing or installing 
          stationary CI ICE produced in previous model years?

                                * * * * *

    (g) After December 31, 2018, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power greater than 
or equal to 600 KW (804 HP) and less than 2,000 KW (2,680 HP) and a 
displacement of greater than or equal to 10 liters per cylinder and less 
than 30 liters per cylinder that do not meet the applicable requirements 
for 2017 model year non-emergency engines.
    (h) In addition to the requirements specified in Sec. Sec. 60.4201, 
60.4202, 60.4204, and 60.4205, it is prohibited to import stationary CI 
ICE with a displacement of less than 30 liters per cylinder that do not 
meet the applicable requirements specified in paragraphs (a) through (g) 
of this section after the dates specified in paragraphs (a) through (g) 
of this section.
    (i) The requirements of this section do not apply to owners or 
operators of stationary CI ICE that have been modified, reconstructed, 
and do not apply to engines that were removed from one existing location 
and reinstalled at a new location.



Sec. 60.4209  What are the monitoring requirements if I am an owner 
or operator of a stationary CI internal combustion engine?

    If you are an owner or operator, you must meet the monitoring 
requirements of this section. In addition, you must also meet the 
monitoring requirements specified in Sec. 60.4211.
    (a) If you are an owner or operator of an emergency stationary CI 
internal combustion engine, you must install a non-resettable hour meter 
prior to startup of the engine.
    (b) If you are an owner or operator of a stationary CI internal 
combustion engine equipped with a diesel particulate filter to comply 
with the emission standards in Sec. 60.4204, the diesel particulate 
filter must be installed with a backpressure monitor that notifies the 
owner or operator when the high backpressure limit of the engine is 
approached.

    Effective Date Note: At 76 FR 37969, June 28, 2011, Sec. 60.4209 
was amended by revising paragraph (a), effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:

[[Page 1046]]



Sec. 60.4209  What are the monitoring requirements if I am an owner or 
          operator of a stationary CI internal combustion engine?

                                * * * * *

    (a) If you are an owner or operator of an emergency stationary CI 
internal combustion engine that does not meet the standards applicable 
to non-emergency engines, you must install a non-resettable hour meter 
prior to startup of the engine.

                         Compliance Requirements



Sec. 60.4210  What are my compliance requirements if I am a stationary
CI internal combustion engine manufacturer?

    (a) Stationary CI internal combustion engine manufacturers must 
certify their stationary CI ICE with a displacement of less than 10 
liters per cylinder to the emission standards specified in Sec. 
60.4201(a) through (c) and Sec. 60.4202(a), (b) and (d) using the 
certification procedures required in 40 CFR part 89, subpart B, or 40 
CFR part 1039, subpart C, as applicable, and must test their engines as 
specified in those parts. For the purposes of this subpart, engines 
certified to the standards in table 1 to this subpart shall be subject 
to the same requirements as engines certified to the standards in 40 CFR 
part 89. For the purposes of this subpart, engines certified to the 
standards in table 4 to this subpart shall be subject to the same 
requirements as engines certified to the standards in 40 CFR part 89, 
except that engines with NFPA nameplate power of less than 37 KW (50 HP) 
certified to model year 2011 or later standards shall be subject to the 
same requirements as engines certified to the standards in 40 CFR part 
1039.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their stationary CI ICE with a displacement of greater than or 
equal to 10 liters per cylinder and less than 30 liters per cylinder to 
the emission standards specified in Sec. 60.4201(d) and Sec. 
60.4202(c) using the certification procedures required in 40 CFR part 94 
subpart C, and must test their engines as specified in 40 CFR part 94.
    (c) Stationary CI internal combustion engine manufacturers must meet 
the requirements of 40 CFR 1039.120, 40 CFR 1039.125, 40 CFR 1039.130, 
40 CFR 1039.135, and 40 CFR part 1068 for engines that are certified to 
the emission standards in 40 CFR part 1039. Stationary CI internal 
combustion engine manufacturers must meet the corresponding provisions 
of 40 CFR part 89 or 40 CFR part 94 for engines that would be covered by 
that part if they were nonroad (including marine) engines. Labels on 
such engines must refer to stationary engines, rather than or in 
addition to nonroad or marine engines, as appropriate. Stationary CI 
internal combustion engine manufacturers must label their engines 
according to paragraphs (c)(1) through (3) of this section.
    (1) Stationary CI internal combustion engines manufactured from 
January 1, 2006 to March 31, 2006 (January 1, 2006 to June 30, 2006 for 
fire pump engines), other than those that are part of certified engine 
families under the nonroad CI engine regulations, must be labeled 
according to 40 CFR 1039.20.
    (2) Stationary CI internal combustion engines manufactured from 
April 1, 2006 to December 31, 2006 (or, for fire pump engines, July 1, 
2006 to December 31 of the year preceding the year listed in table 3 to 
this subpart) must be labeled according to paragraphs (c)(2)(i) through 
(iii) of this section:
    (i) Stationary CI internal combustion engines that are part of 
certified engine families under the nonroad regulations must meet the 
labeling requirements for nonroad CI engines, but do not have to meet 
the labeling requirements in 40 CFR 1039.20.
    (ii) Stationary CI internal combustion engines that meet Tier 1 
requirements (or requirements for fire pumps) under this subpart, but do 
not meet the requirements applicable to nonroad CI engines must be 
labeled according to 40 CFR 1039.20. The engine manufacturer may add 
language to the label clarifying that the engine meets Tier 1 
requirements (or requirements for fire pumps) of this subpart.
    (iii) Stationary CI internal combustion engines manufactured after 
April 1, 2006 that do not meet Tier 1 requirements of this subpart, or 
fire pumps engines manufactured after July 1, 2006 that do not meet the 
requirements for fire pumps under this subpart, may not

[[Page 1047]]

be used in the U.S. If any such engines are manufactured in the U.S. 
after April 1, 2006 (July 1, 2006 for fire pump engines), they must be 
exported or must be brought into compliance with the appropriate 
standards prior to initial operation. The export provisions of 40 CFR 
1068.230 would apply to engines for export and the manufacturers must 
label such engines according to 40 CFR 1068.230.
    (3) Stationary CI internal combustion engines manufactured after 
January 1, 2007 (for fire pump engines, after January 1 of the year 
listed in table 3 to this subpart, as applicable) must be labeled 
according to paragraphs (c)(3)(i) through (iii) of this section.
    (i) Stationary CI internal combustion engines that meet the 
requirements of this subpart and the corresponding requirements for 
nonroad (including marine) engines of the same model year and HP must be 
labeled according to the provisions in part 89, 94 or 1039, as 
appropriate.
    (ii) Stationary CI internal combustion engines that meet the 
requirements of this subpart, but are not certified to the standards 
applicable to nonroad (including marine) engines of the same model year 
and HP must be labeled according to the provisions in part 89, 94 or 
1039, as appropriate, but the words ``stationary'' must be included 
instead of ``nonroad'' or ``marine'' on the label. In addition, such 
engines must be labeled according to 40 CFR 1039.20.
    (iii) Stationary CI internal combustion engines that do not meet the 
requirements of this subpart must be labeled according to 40 CFR 
1068.230 and must be exported under the provisions of 40 CFR 1068.230.
    (d) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under parts 89, 94, or 1039 for that model year may certify 
any such family that contains both nonroad (including marine) and 
stationary engines as a single engine family and/or may include any such 
family containing stationary engines in the averaging, banking and 
trading provisions applicable for such engines under those parts.
    (e) Manufacturers of engine families discussed in paragraph (d) of 
this section may meet the labeling requirements referred to in paragraph 
(c) of this section for stationary CI ICE by either adding a separate 
label containing the information required in paragraph (c) of this 
section or by adding the words ``and stationary'' after the word 
``nonroad'' or ``marine,'' as appropriate, to the label.
    (f) Starting with the model years shown in table 5 to this subpart, 
stationary CI internal combustion engine manufacturers must add a 
permanent label stating that the engine is for stationary emergency use 
only to each new emergency stationary CI internal combustion engine 
greater than or equal to 19 KW (25 HP) that meets all the emission 
standards for emergency engines in Sec. 60.4202 but does not meet all 
the emission standards for non-emergency engines in Sec. 60.4201. The 
label must be added according to the labeling requirements specified in 
40 CFR 1039.135(b). Engine manufacturers must specify in the owner's 
manual that operation of emergency engines is limited to emergency 
operations and required maintenance and testing.
    (g) Manufacturers of fire pump engines may use the test cycle in 
table 6 to this subpart for testing fire pump engines and may test at 
the NFPA certified nameplate HP, provided that the engine is labeled as 
``Fire Pump Applications Only''.
    (h) Engine manufacturers, including importers, may introduce into 
commerce uncertified engines or engines certified to earlier standards 
that were manufactured before the new or changed standards took effect 
until inventories are depleted, as long as such engines are part of 
normal inventory. For example, if the engine manufacturers' normal 
industry practice is to keep on hand a one-month supply of engines based 
on its projected sales, and a new tier of standards starts to apply for 
the 2009 model year, the engine manufacturer may manufacture engines 
based on the normal inventory requirements late in the 2008 model year, 
and sell those engines for installation. The engine manufacturer may not 
circumvent the provisions of Sec. Sec. 60.4201 or 60.4202 by

[[Page 1048]]

stockpiling engines that are built before new or changed standards take 
effect. Stockpiling of such engines beyond normal industry practice is a 
violation of this subpart.
    (i) The replacement engine provisions of 40 CFR 89.1003(b)(7), 40 
CFR 94.1103(b)(3), 40 CFR 94.1103(b)(4) and 40 CFR 1068.240 are 
applicable to stationary CI engines replacing existing equipment that is 
less than 15 years old.

    Effective Date Note: At 76 FR 37969, June 28, 2011, Sec. 60.4210 
was amended by revising paragraph (b); revising paragraph (c) 
introductory text; revising paragraph (c)(3)(i); revising paragraph 
(c)(3)(ii); and revising paragraph (d), effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 60.4210  What are my compliance requirements if I am a stationary 
          CI internal combustion engine manufacturer?

                                * * * * *

    (b) Stationary CI internal combustion engine manufacturers must 
certify their stationary CI ICE with a displacement of greater than or 
equal to 10 liters per cylinder and less than 30 liters per cylinder to 
the emission standards specified in Sec. 60.4201(d) and (e) and Sec. 
60.4202(e) and (f) using the certification procedures required in 40 CFR 
part 94, subpart C, or 40 CFR part 1042, subpart C, as applicable, and 
must test their engines as specified in 40 CFR part 94 or 1042, as 
applicable.
    (c) Stationary CI internal combustion engine manufacturers must meet 
the requirements of 40 CFR 1039.120, 1039.125, 1039.130, and 1039.135, 
and 40 CFR part 1068 for engines that are certified to the emission 
standards in 40 CFR part 1039. Stationary CI internal combustion engine 
manufacturers must meet the corresponding provisions of 40 CFR part 89, 
40 CFR part 94 or 40 CFR part 1042 for engines that would be covered by 
that part if they were nonroad (including marine) engines. Labels on 
such engines must refer to stationary engines, rather than or in 
addition to nonroad or marine engines, as appropriate. Stationary CI 
internal combustion engine manufacturers must label their engines 
according to paragraphs (c)(1) through (3) of this section.

                                * * * * *

    (3) * * *
    (i) Stationary CI internal combustion engines that meet the 
requirements of this subpart and the corresponding requirements for 
nonroad (including marine) engines of the same model year and HP must be 
labeled according to the provisions in 40 CFR parts 89, 94, 1039 or 
1042, as appropriate.
    (ii) Stationary CI internal combustion engines that meet the 
requirements of this subpart, but are not certified to the standards 
applicable to nonroad (including marine) engines of the same model year 
and HP must be labeled according to the provisions in 40 CFR parts 89, 
94, 1039 or 1042, as appropriate, but the words ``stationary'' must be 
included instead of ``nonroad'' or ``marine'' on the label. In addition, 
such engines must be labeled according to 40 CFR 1039.20.

                                * * * * *

    (d) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under 40 CFR parts 89, 94, 1039 or 1042 for that model year 
may certify any such family that contains both nonroad (including 
marine) and stationary engines as a single engine family and/or may 
include any such family containing stationary engines in the averaging, 
banking and trading provisions applicable for such engines under those 
parts.



Sec. 60.4211  What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?

    (a) If you are an owner or operator and must comply with the 
emission standards specified in this subpart, you must operate and 
maintain the stationary CI internal combustion engine and control device 
according to the manufacturer's written instructions or procedures 
developed by the owner or operator that are approved by the engine 
manufacturer. In addition, owners and operators may only change those 
settings that are permitted by the manufacturer. You must also meet the 
requirements of 40 CFR parts 89, 94 and/or 1068, as they apply to you.
    (b) If you are an owner or operator of a pre-2007 model year 
stationary CI internal combustion engine and must comply with the 
emission standards specified in Sec. Sec. 60.4204(a) or 60.4205(a), or 
if you are an owner or operator of a CI fire pump engine that is 
manufactured prior to the model years in table 3 to this subpart and 
must comply with the emission standards specified in Sec. 60.4205(c), 
you must demonstrate compliance according to one of the methods 
specified in paragraphs (b)(1) through (5) of this section.

[[Page 1049]]

    (1) Purchasing an engine certified according to 40 CFR part 89 or 40 
CFR part 94, as applicable, for the same model year and maximum engine 
power. The engine must be installed and configured according to the 
manufacturer's specifications.
    (2) Keeping records of performance test results for each pollutant 
for a test conducted on a similar engine. The test must have been 
conducted using the same methods specified in this subpart and these 
methods must have been followed correctly.
    (3) Keeping records of engine manufacturer data indicating 
compliance with the standards.
    (4) Keeping records of control device vendor data indicating 
compliance with the standards.
    (5) Conducting an initial performance test to demonstrate compliance 
with the emission standards according to the requirements specified in 
Sec. 60.4212, as applicable.
    (c) If you are an owner or operator of a 2007 model year and later 
stationary CI internal combustion engine and must comply with the 
emission standards specified in Sec. 60.4204(b) or Sec. 60.4205(b), or 
if you are an owner or operator of a CI fire pump engine that is 
manufactured during or after the model year that applies to your fire 
pump engine power rating in table 3 to this subpart and must comply with 
the emission standards specified in Sec. 60.4205(c), you must comply by 
purchasing an engine certified to the emission standards in Sec. 
60.4204(b), or Sec. 60.4205(b) or (c), as applicable, for the same 
model year and maximum (or in the case of fire pumps, NFPA nameplate) 
engine power. The engine must be installed and configured according to 
the manufacturer's specifications.
    (d) If you are an owner or operator and must comply with the 
emission standards specified in Sec. 60.4204(c) or Sec. 60.4205(d), 
you must demonstrate compliance according to the requirements specified 
in paragraphs (d)(1) through (3) of this section.
    (1) Conducting an initial performance test to demonstrate initial 
compliance with the emission standards as specified in Sec. 60.4213.
    (2) Establishing operating parameters to be monitored continuously 
to ensure the stationary internal combustion engine continues to meet 
the emission standards. The owner or operator must petition the 
Administrator for approval of operating parameters to be monitored 
continuously. The petition must include the information described in 
paragraphs (d)(2)(i) through (v) of this section.
    (i) Identification of the specific parameters you propose to monitor 
continuously;
    (ii) A discussion of the relationship between these parameters and 
NOX and PM emissions, identifying how the emissions of these 
pollutants change with changes in these parameters, and how limitations 
on these parameters will serve to limit NOX and PM emissions;
    (iii) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the limits on these 
parameters in the operating limitations;
    (iv) A discussion identifying the methods and the instruments you 
will use to monitor these parameters, as well as the relative accuracy 
and precision of these methods and instruments; and
    (v) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (3) For non-emergency engines with a displacement of greater than or 
equal to 30 liters per cylinder, conducting annual performance tests to 
demonstrate continuous compliance with the emission standards as 
specified in Sec. 60.4213.
    (e) Emergency stationary ICE may be operated for the purpose of 
maintenance checks and readiness testing, provided that the tests are 
recommended by Federal, State, or local government, the manufacturer, 
the vendor, or the insurance company associated with the engine. 
Maintenance checks and readiness testing of such units is limited to 100 
hours per year. There is no time limit on the use of emergency 
stationary ICE in emergency situations. Anyone may petition the 
Administrator for approval of additional hours to be used for 
maintenance checks and readiness testing, but a petition is not required 
if the owner

[[Page 1050]]

or operator maintains records indicating that Federal, State, or local 
standards require maintenance and testing of emergency ICE beyond 100 
hours per year. For owners and operators of emergency engines meeting 
standards under Sec. 60.4205 but not Sec. 60.4204, any operation other 
than emergency operation, and maintenance and testing as permitted in 
this section, is prohibited.

    Effective Date Note: At 76 FR 37970, June 28, 2011, Sec. 60.4211 
was amended by revising paragraph (a); revising the second sentence in 
paragraph (c); redesignating paragraph (e) as paragraph (f); by adding a 
new paragraph (e); revising newly redesignated paragraph (f); and adding 
paragraph (g), effective Aug. 29, 2011. For the convenience of the user, 
the added and revised text is set forth as follows:



Sec. 60.4211  What are my compliance requirements if I am an owner or 
          operator of a stationary CI internal combustion engine?

    (a) If you are an owner or operator and must comply with the 
emission standards specified in this subpart, you must do all of the 
following, except as permitted under paragraph (g) of this section:
    (1) Operate and maintain the stationary CI internal combustion 
engine and control device according to the manufacturer's emission-
related written instructions;
    (2) Change only those emission-related settings that are permitted 
by the manufacturer; and
    (3) Meet the requirements of 40 CFR parts 89, 94 and/or 1068, as 
they apply to you.

                                * * * * *

    (c) * * * The engine must be installed and configured according to 
the manufacturer's emission-related specifications, except as permitted 
in paragraph (g) of this section.

                                * * * * *

    (e) If you are an owner or operator of a modified or reconstructed 
stationary CI internal combustion engine and must comply with the 
emission standards specified in Sec. 60.4204(e) or Sec. 60.4205(f), 
you must demonstrate compliance according to one of the methods 
specified in paragraphs (e)(1) or (2) of this section.
    (1) Purchasing, or otherwise owning or operating, an engine 
certified to the emission standards in Sec. 60.4204(e) or Sec. 
60.4205(f), as applicable.
    (2) Conducting a performance test to demonstrate initial compliance 
with the emission standards according to the requirements specified in 
Sec. 60.4212 or Sec. 60.4213, as appropriate. The test must be 
conducted within 60 days after the engine commences operation after the 
modification or reconstruction.
    (f) Emergency stationary ICE may be operated for the purpose of 
maintenance checks and readiness testing, provided that the tests are 
recommended by Federal, State or local government, the manufacturer, the 
vendor, or the insurance company associated with the engine. Maintenance 
checks and readiness testing of such units is limited to 100 hours per 
year. There is no time limit on the use of emergency stationary ICE in 
emergency situations. The owner or operator may petition the 
Administrator for approval of additional hours to be used for 
maintenance checks and readiness testing, but a petition is not required 
if the owner or operator maintains records indicating that Federal, 
State, or local standards require maintenance and testing of emergency 
ICE beyond 100 hours per year. Emergency stationary ICE may operate up 
to 50 hours per year in non-emergency situations, but those 50 hours are 
counted towards the 100 hours per year provided for maintenance and 
testing. The 50 hours per year for non-emergency situations cannot be 
used for peak shaving or to generate income for a facility to supply 
power to an electric grid or otherwise supply non-emergency power as 
part of a financial arrangement with another entity. For owners and 
operators of emergency engines, any operation other than emergency 
operation, maintenance and testing, and operation in non-emergency 
situations for 50 hours per year, as permitted in this section, is 
prohibited.
    (g) If you do not install, configure, operate, and maintain your 
engine and control device according to the manufacturer's emission-
related written instructions, or you change emission-related settings in 
a way that is not permitted by the manufacturer, you must demonstrate 
compliance as follows:
    (1) If you are an owner or operator of a stationary CI internal 
combustion engine with maximum engine power less than 100 HP, you must 
keep a maintenance plan and records of conducted maintenance to 
demonstrate compliance and must, to the extent practicable, maintain and 
operate the engine in a manner consistent with good air pollution 
control practice for minimizing emissions. In addition, if you do not 
install and configure the engine and control device according to the 
manufacturer's emission-related written instructions, or you change the 
emission-related settings in a way that is not permitted by the 
manufacturer, you must conduct an initial performance test to 
demonstrate compliance with the applicable emission standards within 1 
year of such action.
    (2) If you are an owner or operator of a stationary CI internal 
combustion engine greater than or equal to 100 HP and less than or

[[Page 1051]]

equal to 500 HP, you must keep a maintenance plan and records of 
conducted maintenance and must, to the extent practicable, maintain and 
operate the engine in a manner consistent with good air pollution 
control practice for minimizing emissions. In addition, you must conduct 
an initial performance test to demonstrate compliance with the 
applicable emission standards within 1 year of startup, or within 1 year 
after an engine and control device is no longer installed, configured, 
operated, and maintained in accordance with the manufacturer's emission-
related written instructions, or within 1 year after you change 
emission-related settings in a way that is not permitted by the 
manufacturer.
    (3) If you are an owner or operator of a stationary CI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent with 
good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test to demonstrate 
compliance with the applicable emission standards within 1 year of 
startup, or within 1 year after an engine and control device is no 
longer installed, configured, operated, and maintained in accordance 
with the manufacturer's emission-related written instructions, or within 
1 year after you change emission-related settings in a way that is not 
permitted by the manufacturer. You must conduct subsequent performance 
testing every 8,760 hours of engine operation or 3 years, whichever 
comes first, thereafter to demonstrate compliance with the applicable 
emission standards.

              Testing Requirements for Owners and Operators



Sec. 60.4212  What test methods and other procedures must I use if I 
am an owner or operator of a stationary CI internal combustion engine 

with a displacement 
          of less than 30 liters per cylinder?]

    Owners and operators of stationary CI ICE with a displacement of 
less than 30 liters per cylinder who conduct performance tests pursuant 
to this subpart must do so according to paragraphs (a) through (d) of 
this section.
    (a) The performance test must be conducted according to the in-use 
testing procedures in 40 CFR part 1039, subpart F.
    (b) Exhaust emissions from stationary CI ICE that are complying with 
the emission standards for new CI engines in 40 CFR part 1039 must not 
exceed the not-to-exceed (NTE) standards for the same model year and 
maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR 
1039.102(g)(1), except as specified in 40 CFR 1039.104(d). This 
requirement starts when NTE requirements take effect for nonroad diesel 
engines under 40 CFR part 1039.
    (c) Exhaust emissions from stationary CI ICE that are complying with 
the emission standards for new CI engines in 40 CFR 89.112 or 40 CFR 
94.8, as applicable, must not exceed the NTE numerical requirements, 
rounded to the same number of decimal places as the applicable standard 
in 40 CFR 89.112 or 40 CFR 94.8, as applicable, determined from the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR11JY06.000

Where:

STD = The standard specified for that pollutant in 40 CFR 89.112 or 40 
CFR 94.8, as applicable.

    Alternatively, stationary CI ICE that are complying with the 
emission standards for new CI engines in 40 CFR 89.112 or 40 CFR 94.8 
may follow the testing procedures specified in Sec. 60.4213 of this 
subpart, as appropriate.
    (d) Exhaust emissions from stationary CI ICE that are complying with 
the emission standards for pre-2007 model year engines in Sec. 
60.4204(a), Sec. 60.4205(a), or Sec. 60.4205(c) must not exceed the 
NTE numerical requirements, rounded to the same number of decimal places 
as the applicable standard in Sec. 60.4204(a), Sec. 60.4205(a), or 
Sec. 60.4205(c), determined from the equation in paragraph (c) of this 
section.

Where:

STD = The standard specified for that pollutant in Sec. 60.4204(a), 
Sec. 60.4205(a), or Sec. 60.4205(c).


[[Page 1052]]


    Alternatively, stationary CI ICE that are complying with the 
emission standards for pre-2007 model year engines in Sec. 60.4204(a), 
Sec. 60.4205(a), or Sec. 60.4205(c) may follow the testing procedures 
specified in Sec. 60.4213, as appropriate.

    Effective Date Note: At 76 FR 37971, June 28, 2011, Sec. 60.4212 
was amended by revising the introductory text and paragraph (a) and 
adding paragraph (e), effective Aug. 29, 2011. For the convenience of 
the user, the added and revised text is set forth as follows:



Sec. 60.4212  What test methods and other procedures must I use if I am 
          an owner or operator of a stationary CI internal combustion 
          engine with a displacement of less than 30 liters per 
          cylinder?

    Owners and operators of stationary CI ICE with a displacement of 
less than 30 liters per cylinder who conduct performance tests pursuant 
to this subpart must do so according to paragraphs (a) through (e) of 
this section.
    (a) The performance test must be conducted according to the in-use 
testing procedures in 40 CFR part 1039, subpart F, for stationary CI ICE 
with a displacement of less than 10 liters per cylinder, and according 
to 40 CFR part 1042, subpart F, for stationary CI ICE with a 
displacement of greater than or equal to 10 liters per cylinder and less 
than 30 liters per cylinder.

                                * * * * *

    (e) Exhaust emissions from stationary CI ICE that are complying with 
the emission standards for new CI engines in 40 CFR part 1042 must not 
exceed the NTE standards for the same model year and maximum engine 
power as required in 40 CFR 1042.101(c).



Sec. 60.4213  What test methods and other procedures must I use if I 
am an owner or operator of a stationary CI internal combustion engine 

with a displacement 
          of greater than or equal to 30 liters per cylinder?

    Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder must conduct performance 
tests according to paragraphs (a) through (d) of this section.
    (a) Each performance test must be conducted according to the 
requirements in Sec. 60.8 and under the specific conditions that this 
subpart specifies in table 7. The test must be conducted within 10 
percent of 100 percent peak (or the highest achievable) load.
    (b) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 60.8(c).
    (c) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 60.8(f). Each test 
run must last at least 1 hour.
    (d) To determine compliance with the percent reduction requirement, 
you must follow the requirements as specified in paragraphs (d)(1) 
through (3) of this section.
    (1) You must use Equation 2 of this section to determine compliance 
with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR11JY06.001

Where:

Ci = concentration of NOX or PM at the control 
device inlet,
Co = concentration of NOX or PM at the control 
device outlet, and
R = percent reduction of NOX or PM emissions.

    (2) You must normalize the NOX or PM concentrations at 
the inlet and outlet of the control device to a dry basis and to 15 
percent oxygen (O2) using Equation 3 of this section, or an 
equivalent percent carbon dioxide (CO2) using the procedures 
described in paragraph (d)(3) of this section.
[GRAPHIC] [TIFF OMITTED] TR11JY06.002


Where:

Cadj = Calculated NOX or PM concentration adjusted 
to 15 percent O2.
Cd = Measured concentration of NOX or PM, 
uncorrected.
5.9 = 20.9 percent O2-15 percent O2, the defined 
O2 correction value, percent.
%O2 = Measured O2 concentration, dry basis, 
percent.

    (3) If pollutant concentrations are to be corrected to 15 percent 
O2 and CO2 concentration is measured in lieu of 
O2 concentration measurement, a CO2 correction 
factor is needed. Calculate the CO2 correction factor as 
described in paragraphs (d)(3)(i) through (iii) of this section.
    (i) Calculate the fuel-specific Fo value for the fuel 
burned during the test using values obtained from Method

[[Page 1053]]

19, Section 5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR11JY06.003

Where:

Fo = Fuel factor based on the ratio of O2 volume 
to the ultimate CO2 volume produced by the fuel at zero 
percent excess air.
0.209 = Fraction of air that is O2, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross 
calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ Btu).
Fc = Ratio of the volume of CO2 produced to the 
gross calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ 
Btu).

    (ii) Calculate the CO2 correction factor for correcting 
measurement data to 15 percent O2, as follows:

[GRAPHIC] [TIFF OMITTED] TR11JY06.004


Where:

XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2-15 percent O2, the defined 
O2 correction value, percent.

    (iii) Calculate the NOX and PM gas concentrations 
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR11JY06.005

Where:

Cadj = Calculated NOX or PM concentration adjusted 
to 15 percent O2.
Cd = Measured concentration of NOX or PM, 
uncorrected.
%CO2 = Measured CO2 concentration, dry basis, 
percent.

    (e) To determine compliance with the NOX mass per unit 
output emission limitation, convert the concentration of NOX 
in the engine exhaust using Equation 7 of this section:

[GRAPHIC] [TIFF OMITTED] TR11JY06.006

Where:

ER = Emission rate in grams per KW-hour.
Cd = Measured NOX concentration in ppm.
1.912x10-3 = Conversion constant for ppm NOX to 
grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per hour.
T = Time of test run, in hours.
KW-hour = Brake work of the engine, in KW-hour.

    (f) To determine compliance with the PM mass per unit output 
emission limitation, convert the concentration of PM in the engine 
exhaust using Equation 8 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JY06.007

Where:

ER = Emission rate in grams per KW-hour.
Cadj = Calculated PM concentration in grams per standard 
cubic meter.
Q = Stack gas volumetric flow rate, in standard cubic meter per hour.
T = Time of test run, in hours.
KW-hour = Energy output of the engine, in KW.

    Effective Date Note: At 76 FR 37971, June 28, 2011, Sec. 60.4213 
was amended by revising the introductory text, effective Aug. 29, 2011. 
For the convenience of the user, the revised text is set forth as 
follows:



Sec. 60.4213  What test methods and other procedures must I use if I am 
          an owner or operator of a stationary CI internal combustion 
          engine with a displacement of greater than or equal to 30 
          liters per cylinder?

    Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder must conduct performance 
tests according to paragraphs (a) through (f) of this section.

                                * * * * *

[[Page 1054]]

       Notification, Reports, and Records for Owners and Operators



Sec. 60.4214  What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary CI internal 

combustion engine?

    (a) Owners and operators of non-emergency stationary CI ICE that are 
greater than 2,237 KW (3,000 HP), or have a displacement of greater than 
or equal to 10 liters per cylinder, or are pre-2007 model year engines 
that are greater than 130 KW (175 HP) and not certified, must meet the 
requirements of paragraphs (a)(1) and (2) of this section.
    (1) Submit an initial notification as required in Sec. 60.7(a)(1). 
The notification must include the information in paragraphs (a)(1)(i) 
through (v) of this section.
    (i) Name and address of the owner or operator;
    (ii) The address of the affected source;
    (iii) Engine information including make, model, engine family, 
serial number, model year, maximum engine power, and engine 
displacement;
    (iv) Emission control equipment; and
    (v) Fuel used.
    (2) Keep records of the information in paragraphs (a)(2)(i) through 
(iv) of this section.
    (i) All notifications submitted to comply with this subpart and all 
documentation supporting any notification.
    (ii) Maintenance conducted on the engine.
    (iii) If the stationary CI internal combustion is a certified 
engine, documentation from the manufacturer that the engine is certified 
to meet the emission standards.
    (iv) If the stationary CI internal combustion is not a certified 
engine, documentation that the engine meets the emission standards.
    (b) If the stationary CI internal combustion engine is an emergency 
stationary internal combustion engine, the owner or operator is not 
required to submit an initial notification. Starting with the model 
years in table 5 to this subpart, if the emergency engine does not meet 
the standards applicable to non-emergency engines in the applicable 
model year, the owner or operator must keep records of the operation of 
the engine in emergency and non-emergency service that are recorded 
through the non-resettable hour meter. The owner must record the time of 
operation of the engine and the reason the engine was in operation 
during that time.
    (c) If the stationary CI internal combustion engine is equipped with 
a diesel particulate filter, the owner or operator must keep records of 
any corrective action taken after the backpressure monitor has notified 
the owner or operator that the high backpressure limit of the engine is 
approached.

                          Special Requirements



Sec. 60.4215  What requirements must I meet for engines used in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?

    (a) Stationary CI ICE that are used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands are required to meet the 
applicable emission standards in Sec. 60.4205. Non-emergency stationary 
CI ICE with a displacement of greater than or equal to 30 liters per 
cylinder, must meet the applicable emission standards in Sec. 
60.4204(c).
    (b) Stationary CI ICE that are used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands are not required to meet 
the fuel requirements in Sec. 60.4207.

    Effective Date Note: At 76 FR 37971, June 28, 2011, Sec. 60.4215 
was amended by revising paragraph (a) and adding paragraph (c), 
effective Aug. 29, 2011. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 60.4215  What requirements must I meet for engines used in Guam, 
          American Samoa, or the Commonwealth of the Northern Mariana 
          Islands?

    (a) Stationary CI ICE with a displacement of less than 30 liters per 
cylinder that are used in Guam, American Samoa, or the Commonwealth of 
the Northern Mariana Islands are required to meet the applicable 
emission standards in Sec. Sec. 60.4202 and 60.4205.

                                * * * * *

[[Page 1055]]

    (c) Stationary CI ICE with a displacement of greater than or equal 
to 30 liters per cylinder that are used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands are required to meet the 
following emission standards:
    (1) For engines installed prior to January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot] 
n-0.2 g/HP-hr) when maximum engine speed is 130 or more but 
less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 
rpm or more.
    (2) For engines installed on or after January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot] 
n-0.23 g/HP-hr) when maximum engine speed is greater than or 
equal to 130 but less than 2,000 rpm and where n is maximum engine 
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is greater 
than or equal to 2,000 rpm.
    (3) Limit the emissions of PM in the stationary CI internal 
combustion engine exhaust to 0.40 g/KW-hr (0.30 g/HP-hr).



Sec. 60.4216  What requirements must I meet for engines used in Alaska?

    (a) Prior to December 1, 2010, owners and operators of stationary CI 
engines located in areas of Alaska not accessible by the Federal Aid 
Highway System should refer to 40 CFR part 69 to determine the diesel 
fuel requirements applicable to such engines.
    (b) The Governor of Alaska may submit for EPA approval, by no later 
than January 11, 2008, an alternative plan for implementing the 
requirements of 40 CFR part 60, subpart IIII, for public-sector 
electrical utilities located in rural areas of Alaska not accessible by 
the Federal Aid Highway System. This alternative plan must be based on 
the requirements of section 111 of the Clean Air Act including any 
increased risks to human health and the environment and must also be 
based on the unique circumstances related to remote power generation, 
climatic conditions, and serious economic impacts resulting from 
implementation of 40 CFR part 60, subpart IIII. If EPA approves by 
rulemaking process an alternative plan, the provisions as approved by 
EPA under that plan shall apply to the diesel engines used in new 
stationary internal combustion engines subject to this paragraph.

    Effective Date Note: At 76 FR 37971, June 28, 2011, Sec. 60.4216 
was amended by revising paragraphs (a) and (b) and adding paragraphs (c) 
through (f), effective Aug. 29, 2011. For the convenience of the user, 
the added and revised text is set forth as follows:



Sec. 60.4216  What requirements must I meet for engines used in Alaska?

    (a) Prior to December 1, 2010, owners and operators of stationary CI 
ICE with a displacement of less than 30 liters per cylinder located in 
areas of Alaska not accessible by the FAHS should refer to 40 CFR part 
69 to determine the diesel fuel requirements applicable to such engines.
    (b) Except as indicated in paragraph (c) of this section, 
manufacturers, owners and operators of stationary CI ICE with a 
displacement of less than 10 liters per cylinder located in areas of 
Alaska not accessible by the FAHS may meet the requirements of this 
subpart by manufacturing and installing engines meeting the requirements 
of 40 CFR parts 94 or 1042, as appropriate, rather than the otherwise 
applicable requirements of 40 CFR parts 89 and 1039, as indicated in 
sections Sec. Sec. 60.4201(f) and 60.4202(g) of this subpart.
    (c) Manufacturers, owners and operators of stationary CI ICE that 
are located in areas of Alaska not accessible by the FAHS may choose to 
meet the applicable emission standards for emergency engines in Sec. 
60.4202 and Sec. 60.4205, and not those for non-emergency engines in 
Sec. 60.4201 and Sec. 60.4204, except that for 2014 model year and 
later non-emergency CI ICE, the owner or operator of any such engine 
that was not certified as meeting Tier 4 PM standards, must meet the 
applicable requirements for PM in Sec. 60.4201 and Sec. 60.4204 or 
install a PM emission control device that achieves PM emission 
reductions of 85 percent, or 60 percent for engines with a displacement 
of greater than or equal to 30 liters per cylinder, compared to engine-
out emissions.
    (d) The provisions of Sec. 60.4207 do not apply to owners and 
operators of pre-2014 model year stationary CI ICE subject to this 
subpart that are located in areas of Alaska not accessible by the FAHS.
    (e) The provisions of Sec. 60.4208(a) do not apply to owners and 
operators of stationary CI ICE subject to this subpart that are located 
in areas of Alaska not accessible by the FAHS until after December 31, 
2009.
    (f) The provisions of this section and Sec. 60.4207 do not prevent 
owners and operators of stationary CI ICE subject to this subpart

[[Page 1056]]

that are located in areas of Alaska not accessible by the FAHS from 
using fuels mixed with used lubricating oil, in volumes of up to 1.75 
percent of the total fuel. The sulfur content of the used lubricating 
oil must be less than 200 parts per million. The used lubricating oil 
must meet the on-specification levels and properties for used oil in 40 
CFR 279.11.



Sec. 60.4217  What emission standards must I meet if I am an owner or 
operator of a stationary internal combustion engine using special fuels?

    (a) Owners and operators of stationary CI ICE that do not use diesel 
fuel, or who have been given authority by the Administrator under Sec. 
60.4207(d) of this subpart to use fuels that do not meet the fuel 
requirements of paragraphs (a) and (b) of Sec. 60.4207, may petition 
the Administrator for approval of alternative emission standards, if 
they can demonstrate that they use a fuel that is not the fuel on which 
the manufacturer of the engine certified the engine and that the engine 
cannot meet the applicable standards required in Sec. 60.4202 or Sec. 
60.4203 using such fuels.
    (b) [Reserved]

    Effective Date Note: At 76 FR 37972, June 28, 2011, Sec. 60.4217 
was revised, effective Aug. 29, 2011. For the convenience of the user, 
the added and revised text is set forth as follows:



Sec. 60.4217  What emission standards must I meet if I am an owner or 
          operator of a stationary internal combustion engine using 
          special fuels?

    Owners and operators of stationary CI ICE that do not use diesel 
fuel may petition the Administrator for approval of alternative emission 
standards, if they can demonstrate that they use a fuel that is not the 
fuel on which the manufacturer of the engine certified the engine and 
that the engine cannot meet the applicable standards required in Sec. 
60.4204 or Sec. 60.4205 using such fuels and that use of such fuel is 
appropriate and reasonably necessary, considering cost, energy, 
technical feasibility, human health and environmental, and other 
factors, for the operation of the engine.

                           General Provisions



Sec. 60.4218  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 60.1 through 60.19 apply to you.

                               Definitions



Sec. 60.4219  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the CAA and in subpart A of this part.
    Combustion turbine means all equipment, including but not limited to 
the turbine, the fuel, air, lubrication and exhaust gas systems, control 
systems (except emissions control equipment), and any ancillary 
components and sub-components comprising any simple cycle combustion 
turbine, any regenerative/recuperative cycle combustion turbine, the 
combustion turbine portion of any cogeneration cycle combustion system, 
or the combustion turbine portion of any combined cycle steam/electric 
generating system.
    Compression ignition means relating to a type of stationary internal 
combustion engine that is not a spark ignition engine.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is number 2 distillate oil.
    Diesel particulate filter means an emission control technology that 
reduces PM emissions by trapping the particles in a flow filter 
substrate and periodically removes the collected particles by either 
physical action or by oxidizing (burning off) the particles in a process 
called regeneration.
    Emergency stationary internal combustion engine means any stationary 
internal combustion engine whose operation is limited to emergency 
situations and required testing and maintenance. Examples include 
stationary ICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric power 
from the local utility (or the normal power source, if the facility runs 
on its own power production) is interrupted, or stationary ICE used to 
pump water in the case of fire or flood, etc. Stationary CI ICE used to 
supply power to an electric grid or that supply power as part of a 
financial arrangement with another entity are not considered to be 
emergency engines.

[[Page 1057]]

    Engine manufacturer means the manufacturer of the engine. See the 
definition of ``manufacturer'' in this section.
    Fire pump engine means an emergency stationary internal combustion 
engine certified to NFPA requirements that is used to provide power to 
pump water for fire suppression or protection.
    Manufacturer has the meaning given in section 216(1) of the Act. In 
general, this term includes any person who manufactures a stationary 
engine for sale in the United States or otherwise introduces a new 
stationary engine into commerce in the United States. This includes 
importers who import stationary engines for sale or resale.
    Maximum engine power means maximum engine power as defined in 40 CFR 
1039.801.
    Model year means either:
    (1) The calendar year in which the engine was originally produced, 
or
    (2) The annual new model production period of the engine 
manufacturer if it is different than the calendar year. This must 
include January 1 of the calendar year for which the model year is 
named. It may not begin before January 2 of the previous calendar year 
and it must end by December 31 of the named calendar year. For an engine 
that is converted to a stationary engine after being placed into service 
as a nonroad or other non-stationary engine, model year means the 
calendar year or new model production period in which the engine was 
originally produced.
    Other internal combustion engine means any internal combustion 
engine, except combustion turbines, which is not a reciprocating 
internal combustion engine or rotary internal combustion engine.
    Reciprocating internal combustion engine means any internal 
combustion engine which uses reciprocating motion to convert heat energy 
into mechanical work.
    Rotary internal combustion engine means any internal combustion 
engine which uses rotary motion to convert heat energy into mechanical 
work.
    Spark ignition means relating to a gasoline, natural gas, or 
liquefied petroleum gas fueled engine or any other type of engine with a 
spark plug (or other sparking device) and with operating characteristics 
significantly similar to the theoretical Otto combustion cycle. Spark 
ignition engines usually use a throttle to regulate intake air flow to 
control power during normal operation. Dual-fuel engines in which a 
liquid fuel (typically diesel fuel) is used for CI and gaseous fuel 
(typically natural gas) is used as the primary fuel at an annual average 
ratio of less than 2 parts diesel fuel to 100 parts total fuel on an 
energy equivalent basis are spark ignition engines.
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile ICE 
in that a stationary internal combustion engine is not a nonroad engine 
as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that 
definition), and is not used to propel a motor vehicle or a vehicle used 
solely for competition. Stationary ICE include reciprocating ICE, rotary 
ICE, and other ICE, except combustion turbines.
    Subpart means 40 CFR part 60, subpart IIII.
    Useful life means the period during which the engine is designed to 
properly function in terms of reliability and fuel consumption, without 
being remanufactured, specified as a number of hours of operation or 
calendar years, whichever comes first. The values for useful life for 
stationary CI ICE with a displacement of less than 10 liters per 
cylinder are given in 40 CFR 1039.101(g). The values for useful life for 
stationary CI ICE with a displacement of greater than or equal to 10 
liters per cylinder and less than 30 liters per cylinder are given in 40 
CFR 94.9(a).

    Effective Date Note: At 76 FR 37972, June 28, 2011, Sec. 60.4219 
was amended by adding definitions of ``Certified emissions life'' and 
``Date of manufacture'' in alphabetical order; adding a definition of 
``Freshly manufactured engine'' in alphabetical order; adding a 
definition of ``Installed'' in alphabetical order; revising the 
definition of ``Model year'';revising the definition of ``Stationary 
internal combustion engine''; and removing the definition of ``Useful 
life'', effective Aug. 29, 2011. For the convenience of the user, the 
added and revised text is set forth as follows:

[[Page 1058]]



Sec. 60.4219  What definitions apply to this subpart?

                                * * * * *

    Certified emissions life means the period during which the engine is 
designed to properly function in terms of reliability and fuel 
consumption, without being remanufactured, specified as a number of 
hours of operation or calendar years, whichever comes first. The values 
for certified emissions life for stationary CI ICE with a displacement 
of less than 10 liters per cylinder are given in 40 CFR 1039.101(g). The 
values for certified emissions life for stationary CI ICE with a 
displacement of greater than or equal to 10 liters per cylinder and less 
than 30 liters per cylinder are given in 40 CFR 94.9(a).

                                * * * * *

    Date of manufacture means one of the following things:
    (1) For freshly manufactured engines and modified engines, date of 
manufacture means the date the engine is originally produced.
    (2) For reconstructed engines, date of manufacture means the date 
the engine was originally produced, except as specified in paragraph (3) 
of this definition.
    (3) Reconstructed engines are assigned a new date of manufacture if 
the fixed capital cost of the new and refurbished components exceeds 75 
percent of the fixed capital cost of a comparable entirely new facility. 
An engine that is produced from a previously used engine block does not 
retain the date of manufacture of the engine in which the engine block 
was previously used if the engine is produced using all new components 
except for the engine block. In these cases, the date of manufacture is 
the date of reconstruction or the date the new engine is produced.

                                * * * * *

    Freshly manufactured engine means an engine that has not been placed 
into service. An engine becomes freshly manufactured when it is 
originally produced.

                                * * * * *

    Installed means the engine is placed and secured at the location 
where it is intended to be operated.

                                * * * * *

    Model year means the calendar year in which an engine is 
manufactured (see ``date of manufacture''), except as follows:
    (1) Model year means the annual new model production period of the 
engine manufacturer in which an engine is manufactured (see ``date of 
manufacture''), if the annual new model production period is different 
than the calendar year and includes January 1 of the calendar year for 
which the model year is named. It may not begin before January 2 of the 
previous calendar year and it must end by December 31 of the named 
calendar year.
    (2) For an engine that is converted to a stationary engine after 
being placed into service as a nonroad or other non-stationary engine, 
model year means the calendar year or new model production period in 
which the engine was manufactured (see ``date of manufacture'').

                                * * * * *

    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile ICE 
in that a stationary internal combustion engine is not a nonroad engine 
as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that 
definition), and is not used to propel a motor vehicle, aircraft, or a 
vehicle used solely for competition. Stationary ICE include 
reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines.

                                * * * * *



    Sec. Table 1 to Subpart IIII of Part 60--Emission Standards for 
Stationary Pre-2007 Model Year Engines With a Displacement of <10 Liters 
per Cylinder and 2007-2010 Model Year Engines 2,237 KW (3,000 
         HP) and With a Displacement of <10 Liters per Cylinder

     [As stated in Sec. Sec. 60.4201(b), 60.4202(b), 60.4204(a), and 60.4205(a), you must comply with the
                                          following emission standards]
----------------------------------------------------------------------------------------------------------------
                                                  Emission standards for stationary pre-2007 model year engines
                                                   with a displacement of <10 liters per cylinder and 2007-2010
                                                   model year engines 2,237 KW (3,000 HP) and with a
              Maximum engine power                 displacement of <10 liters per cylinder in g/KW-hr (g/HP-hr)
                                                ----------------------------------------------------------------
                                                  NMHC + NOX       HC          NOX           CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)...................................   10.5 (7.8)  ...........  ...........    8.0 (6.0)   1.0 (0.75)

[[Page 1059]]

 
8<=KW<19 (11<=HP<25)...........................    9.5 (7.1)  ...........  ...........    6.6 (4.9)  0.80 (0.60)
19<=KW<37 (25<=HP<50)..........................    9.5 (7.1)  ...........  ...........    5.5 (4.1)  0.80 (0.60)
37<=KW<56 (50<=HP<75)..........................  ...........  ...........    9.2 (6.9)  ...........  ...........
56<=KW<75 (75<=HP<100).........................  ...........  ...........    9.2 (6.9)  ...........  ...........
75<=KW<130 (100<=HP<175).......................  ...........  ...........    9.2 (6.9)  ...........  ...........
130<=KW<225 (175<=HP<300)......................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
225<=KW<450 (300<=HP<600)......................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
450<=KW<=560 (600<=HP<=750)....................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
KW560 (HP750)............  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
----------------------------------------------------------------------------------------------------------------



  Sec. Table 2 to Subpart IIII of Part 60--Emission Standards for 2008 
 Model Year and Later Emergency Stationary CI ICE <37 KW (50 HP) With a 
                 Displacement of <10 Liters per Cylinder

           [As stated in Sec. 60.4202(a)(1), you must comply with the following emission standards]
----------------------------------------------------------------------------------------------------------------
                                                               Emission standards for 2008 model year and later
                                                               emergency stationary CI ICE <37 KW (50 HP) with a
                                                              displacement of <10 liters per cylinder in g/KW-hr
                        Engine power                                               (g/HP-hr)
                                                             ---------------------------------------------------
                                                                 Model
                                                                year(s)     NOX + NMHC       CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................................        2008+    7.5 (5.6)    8.0 (6.0)  0.40 (0.30)
8<=KW<19 (11<=HP<25)........................................        2008+    7.5 (5.6)    6.6 (4.9)  0.40 (0.30)
19<=KW<37 (25<=HP<50).......................................        2008+    7.5 (5.6)    5.5 (4.1)  0.30 (0.22)
----------------------------------------------------------------------------------------------------------------



Sec. Table 3 to Subpart IIII of Part 60--Certification Requirements for 
                      Stationary Fire Pump Engines

  [As stated in Sec. 60.4202(d), you must certify new stationary fire
         pump engines beginning with the following model years:]
------------------------------------------------------------------------
                                                   Starting model year
                                                   engine manufacturers
                                                     must certify new
                  Engine power                     stationary fire pump
                                                   engines according to
                                                    Sec. 60.4202(d)
------------------------------------------------------------------------
KW<75 (HP<100).................................                     2011
75<=KW<130 (100<=HP<175).......................                     2010
130<=KW<=560 (175<=HP<=750)....................                     2009
KW560 (HP750)............                     2008
------------------------------------------------------------------------


    Effective Date Note: At 76 FR 37972, June 28, 2011, table 3 to 
subpart IIII of part 60 was revised, effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:



Sec. Table 3 to Subpart IIII of Part 60--Certification Requirements for 
                      Stationary Fire Pump Engines

   Table 3 to Subpart IIII of Part 60--Certification Requirements for
                      Stationary Fire Pump Engines
------------------------------------------------------------------------
                                                   Starting model year
                                                   engine manufacturers
                                                    must certify  new
                 Engine  power                    stationary  fire pump
                                                  engines  according to
                                                   Sec. 60.4202(d)\1\
------------------------------------------------------------------------
KW<75..........................................                     2011
(HP<100).......................................

[[Page 1060]]

 
75<=KW<130.....................................                     2010
(100<=HP<175)..................................
130<=KW<=560...................................                     2009
(175<=HP<=750).................................
KW560...............................                     2008
(HP750).............................
------------------------------------------------------------------------
\1\Manufacturers of fire pump stationary CI ICE with a maximum engine
  power greater than or equal to 37 kW (50 HP) and less than 450 KW (600
  HP) and a rated speed of greater than 2,650 revolutions per minute
  (rpm) are not required to certify such engines until three model years
  following the model year indicated in this Table 3 for engines in the
  applicable engine power category.



    Sec. Table 4 to Subpart IIII of Part 60--Emission Standards for 
                      Stationary Fire Pump Engines

 [As stated in Sec. Sec. 60.4202(d) and 60.4205(c), you must comply with the following emission standards for
                                          stationary fire pump engines]
----------------------------------------------------------------------------------------------------------------
           Maximum engine power                     Model year(s)           NMHC + NOX       CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)..............................  2010 and earlier.............   10.5 (7.8)    8.0 (6.0)   1.0 (0.75)
                                            2011+........................    7.5 (5.6)  ...........  0.40 (0.30)
8<=KW<19 (11<=HP<25)......................  2010 and earlier.............    9.5 (7.1)    6.6 (4.9)  0.80 (0.60)
                                            2011+........................    7.5 (5.6)  ...........  0.40 (0.30)
19<=KW<37 (25<=HP<50).....................  2010 and earlier.............    9.5 (7.1)    5.5 (4.1)  0.80 (0.60)
                                            2011+........................    7.5 (5.6)  ...........  0.30 (0.22)
37<=KW<56 (50<=HP<75).....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011+ \1\....................    4.7 (3.5)  ...........  0.40 (0.30)
56<=KW<75 (75<=HP<100)....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011+ \1\....................    4.7 (3.5)  ...........  0.40 (0.30)
75<=KW<130 (100<=HP<175)..................  2009 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2010+ \2\....................    4.0 (3.0)  ...........  0.30 (0.22)
130<=KW<225 (175<=HP<300).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+ \3\....................    4.0 (3.0)  ...........  0.20 (0.15)
225<=KW<450 (300<=HP<600).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+ \3\....................    4.0 (3.0)  ...........  0.20 (0.15)
450<=KW<=560 (600<=HP<=750)...............  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+........................    4.0 (3.0)  ...........  0.20 (0.15)
KW560 (HP750).......  2007 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2008+........................    6.4 (4.8)  ...........  0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
  power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the
  emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
  power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009
  model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
  rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.



  Sec. Table 5 to Subpart IIII of Part 60--Labeling and Recordkeeping 
            Requirements for New Stationary Emergency Engines

[You must comply with the labeling requirements in Sec. 60.4210(f) and
  the recordkeeping requirements in Sec. 60.4214(b) for new emergency
       stationary CI ICE beginning in the following model years:]
------------------------------------------------------------------------
                  Engine power                     Starting model year
------------------------------------------------------------------------
19<=KW<56 (25<=HP<75)..........................                     2013
56<=KW<130 (75<=HP<175)........................                     2012
KW=130 (HP=175)..........                     2011
------------------------------------------------------------------------


[[Page 1061]]



Sec. Table 6 to Subpart IIII of Part 60--Optional 3-Mode Test Cycle for 
                      Stationary Fire Pump Engines

[As stated in Sec. 60.4210(g), manufacturers of fire pump engines may use the following test cycle for testing
                                               fire pump engines:]
----------------------------------------------------------------------------------------------------------------
                                                                                      Torque         Weighting
                   Mode No.                             Engine speed \1\           (percent) \2\      factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Rated...........................             100            0.30
----------------------------------------------------------------------------------------------------------------
2.............................................  Rated...........................              75            0.50
----------------------------------------------------------------------------------------------------------------
3.............................................  Rated...........................              50            0.20
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: 2 percent of point.
\2\ Torque: NFPA certified nameplate HP for 100 percent point. All points should be 2
  percent of engine percent load value.



 Sec. Table 7 to Subpart IIII of Part 60--Requirements for Performance 
Tests for Stationary CI ICE With a Displacement of [gteqt]30 Liters per 
                                Cylinder

     [As stated in Sec. 60.4213, you must comply with the following requirements for performance tests for
                    stationary CI ICE with a displacement of [gteqt]30 liters per cylinder:]
----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each              Complying with the       You must              Using             following
                                     requirement to                                              requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary CI internal         a. Reduce NOX       i. Select the       (1) Method 1 or 1A  (a) Sampling sites
 combustion engine with a          emissions by 90     sampling port       of 40 CFR part      must be located
 displacement of [gteqt]30         percent or more.    location and the    60, appendix A.     at the inlet and
 liters per cylinder.                                  number of                               outlet of the
                                                       traverse points;                        control device.
                                                      ii. Measure O2 at   (2) Method 3, 3A,   (b) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A.                  must be made at
                                                                                               the same time as
                                                                                               the measurements
                                                                                               for NOX
                                                                                               concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content at the      appendix A,         moisture content
                                                       inlet and outlet    Method 320 of 40    must be made at
                                                       of the control      CFR part 63,        the same time as
                                                       device; and,        appendix A, or      the measurements
                                                                           ASTM D 6348-03      for NOX
                                                                           (incorporated by    concentration.
                                                                           reference, see
                                                                           Sec. 60.17).
                                                      iv. Measure NOX at  (4) Method 7E of    (d) NOX
                                                       the inlet and       40 CFR part 60,     concentration
                                                       outlet of the       appendix A,         must be at 15
                                                       control device.     Method 320 of 40    percent O2, dry
                                                                           CFR part 63,        basis. Results of
                                                                           appendix A, or      this test consist
                                                                           ASTM D 6348-03      of the average of
                                                                           (incorporated by    the three 1-hour
                                                                           reference, see      or longer runs.
                                                                           Sec. 60.17).
                                  b. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   NOX in the          location and the    60, appendix A.     the sampling site
                                   stationary CI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A.                  must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurement
                                                       sampling port                           for NOX
                                                       location; and,                          concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture content
                                                       stationary          Method 320 of 40    must be made at
                                                       internal            CFR part 63,        the same time as
                                                       combustion engine   appendix A, or      the measurement
                                                       exhaust at the      ASTM D 6348-03      for NOX
                                                       sampling port       (incorporated by    concentration.
                                                       location; and,      reference, see
                                                                           Sec. 60.17).

[[Page 1062]]

 
                                                      iv. Measure NOX at  (4) Method 7E of    (d) NOX
                                                       the exhaust of      40 CFR part 60,     concentration
                                                       the stationary      appendix A,         must be at 15
                                                       internal            Method 320 of 40    percent O2, dry
                                                       combustion engine.  CFR part 63,        basis. Results of
                                                                           appendix A, or      this test consist
                                                                           ASTM D 6348-03      of the average of
                                                                           (incorporated by    the three 1-hour
                                                                           reference, see      or longer runs.
                                                                           Sec. 60.17).
                                  c. Reduce PM        i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   emissions by 60     sampling port       of 40 CFR part      must be located
                                   percent or more.    location and the    60, appendix A.     at the inlet and
                                                       number of                               outlet of the
                                                       traverse points;                        control device.
                                                      ii. Measure O2 at   (2) Method 3, 3A,   (b) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A.                  must be made at
                                                                                               the same time as
                                                                                               the measurements
                                                                                               for PM
                                                                                               concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine and
                                                       content at the      appendix A.         moisture content
                                                       inlet and outlet                        must be made at
                                                       of the control                          the same time as
                                                       device; and                             the measurements
                                                                                               for PM
                                                                                               concentration.
                                                      iv. Measure PM at   (4) Method 5 of 40  (d) PM
                                                       the inlet and       CFR part 60,        concentration
                                                       outlet of the       appendix A.         must be at 15
                                                       control device.                         percent O2, dry
                                                                                               basis. Results of
                                                                                               this test consist
                                                                                               of the average of
                                                                                               the three 1-hour
                                                                                               or longer runs.
                                  d. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   PM in the           location and the    60, appendix A.     the sampling site
                                   stationary CI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A.                  must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurements
                                                       sampling port                           for PM
                                                       location; and                           concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A.         moisture content
                                                       stationary                              must be made at
                                                       internal                                the same time as
                                                       combustion engine                       the measurements
                                                       exhaust at the                          for PM
                                                       sampling port                           concentration.
                                                       location; and
                                                      iv. Measure PM at   (4) Method 5 of 40  (d) PM
                                                       the exhaust of      CFR part 60,        concentration
                                                       the stationary      appendix A.         must be at 15
                                                       internal                                percent O2, dry
                                                       combustion engine.                      basis. Results of
                                                                                               this test consist
                                                                                               of the average of
                                                                                               the three 1-hour
                                                                                               or longer runs.
----------------------------------------------------------------------------------------------------------------


[[Page 1063]]



   Sec. Table 8 to Subpart IIII of Part 60--Applicability of General 
                       Provisions to Subpart IIII

        [As stated in Sec. 60.4218, you must comply with the following applicable General Provisions:]
----------------------------------------------------------------------------------------------------------------
   General Provisions  citation         Subject of citation      Applies  to  subpart         Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 60.1.......................  General applicability of    Yes..................
                                     the General Provisions.
Sec. 60.2.......................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec. 60.4219.
Sec. 60.3.......................  Units and abbreviations...  Yes..................
Sec. 60.4.......................  Address...................  Yes..................
Sec. 60.5.......................  Determination of            Yes..................
                                     construction or
                                     modification.
Sec. 60.6.......................  Review of plans...........  Yes..................
Sec. 60.7.......................  Notification and            Yes..................  Except that Sec. 60.7
                                     Recordkeeping.                                     only applies as
                                                                                        specified in Sec.
                                                                                        60.4214(a).
Sec. 60.8.......................  Performance tests.........  Yes..................  Except that Sec. 60.8
                                                                                        only applies to
                                                                                        stationary CI ICE with a
                                                                                        displacement of (=30 liters per
                                                                                        cylinder and engines
                                                                                        that are not certified.
Sec. 60.9.......................  Availability of             Yes..................
                                     information.
Sec. 60.10......................  State Authority...........  Yes..................
Sec. 60.11......................  Compliance with standards   No...................  Requirements are
                                     and maintenance                                    specified in subpart
                                     requirements.                                      IIII.
Sec. 60.12......................  Circumvention.............  Yes..................
Sec. 60.13......................  Monitoring requirements...  Yes..................  Except that Sec. 60.13
                                                                                        only applies to
                                                                                        stationary CI ICE with a
                                                                                        displacement of (=30 liters per
                                                                                        cylinder.
Sec. 60.14......................  Modification..............  Yes..................
Sec. 60.15......................  Reconstruction............  Yes..................
Sec. 60.16......................  Priority list.............  Yes..................
Sec. 60.17......................  Incorporations by           Yes..................
                                     reference.
Sec. 60.18......................  General control device      No...................
                                     requirements.
Sec. 60.19......................  General notification and    Yes..................
                                     reporting requirements.
----------------------------------------------------------------------------------------------------------------



  Subpart JJJJ_Standards of Performance for Stationary Spark Ignition 
                       Internal Combustion Engines

    Source: 73 FR 3591, Jan. 18, 2008, unless otherwise noted.

                        What This Subpart Covers



Sec. 60.4230  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary spark ignition (SI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (5) 
of this section. For the purposes of this subpart, the date that 
construction commences is the date the engine is ordered by the owner or 
operator.
    (1) Manufacturers of stationary SI ICE with a maximum engine power 
less than or equal to 19 kilowatt (KW) (25 horsepower (HP)) that are 
manufactured on or after July 1, 2008.
    (2) Manufacturers of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) that are gasoline fueled or that are rich 
burn engines fueled by liquefied petroleum gas (LPG), where the date of 
manufacture is:
    (i) On or after July 1, 2008; or
    (ii) On or after January 1, 2009, for emergency engines.
    (3) Manufacturers of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) that are not gasoline fueled and are not rich 
burn engines fueled by LPG, where the manufacturer participates in the 
voluntary manufacturer certification program described in this subpart 
and where the date of manufacture is:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP (except lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP);

[[Page 1064]]

    (ii) On or after January 1, 2008, for lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP;
    (iii) On or after July 1, 2008, for engines with a maximum engine 
power less than 500 HP; or
    (iv) On or after January 1, 2009, for emergency engines.
    (4) Owners and operators of stationary SI ICE that commence 
construction after June 12, 2006, where the stationary SI ICE are 
manufactured:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP (except lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP);
    (ii) on or after January 1, 2008, for lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP;
    (iii) on or after July 1, 2008, for engines with a maximum engine 
power less than 500 HP; or
    (iv) on or after January 1, 2009, for emergency engines with a 
maximum engine power greater than 19 KW (25 HP).
    (5) Owners and operators of stationary SI ICE that commence 
modification or reconstruction after June 12, 2006.
    (b) The provisions of this subpart are not applicable to stationary 
SI ICE being tested at an engine test cell/stand.
    (c) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 40 CFR part 71, provided you are not required to 
obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason 
other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart as applicable.
    (d) For the purposes of this subpart, stationary SI ICE using 
alcohol-based fuels are considered gasoline engines.
    (e) Stationary SI ICE may be eligible for exemption from the 
requirements of this subpart as described in 40 CFR part 1068, subpart C 
(or the exemptions described in 40 CFR parts 90 and 1048, for engines 
that would need to be certified to standards in those parts), except 
that owners and operators, as well as manufacturers, may be eligible to 
request an exemption for national security.
    (f) Owners and operators of facilities with internal combustion 
engines that are acting as temporary replacement units and that are 
located at a stationary source for less than 1 year and that have been 
properly certified as meeting the standards that would be applicable to 
such engine under the appropriate nonroad engine provisions, are not 
required to meet any other provisions under this subpart with regard to 
such engines.

    Effective Date Note: At 76 FR 37972, June 28, 2011, Sec. 60.4230 
was amended by revising paragraphs (a) introductory text and (a)(5) and 
adding paragraph (a)(6), effective Aug. 29, 2011. For the convenience of 
the user, the added and revised text is set forth as follows:



Sec. 60.4230  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary spark ignition (SI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (6) 
of this section. For the purposes of this subpart, the date that 
construction commences is the date the engine is ordered by the owner or 
operator.

                                * * * * *

    (5) Owners and operators of stationary SI ICE that are modified or 
reconstructed after June 12, 2006, and any person that modifies or 
reconstructs any stationary SI ICE after June 12, 2006.
    (6) The provisions of Sec. 60.4236 of this subpart are applicable 
to all owners and operators of stationary SI ICE that commence 
construction after June 12, 2006.

                                * * * * *

                  Emission Standards for Manufacturers



Sec. 60.4231  What emission standards must I meet if I am a manufacturer
of stationary SI internal combustion engines or equipment containing

such engines?

    (a) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power less than or 
equal to 19 KW (25 HP) manufactured on or after July 1, 2008 to the 
certification

[[Page 1065]]

emission standards and other requirements for new nonroad SI engines in 
40 CFR part 90 or 1054, as follows:

------------------------------------------------------------------------
                                                        the engine must
                                                         meet emission
                                                         standards and
                                   and manufacturing        related
 If engine replacement is . . .     dates are . . .    requirements for
                                                          nonhandheld
                                                      engines  under . .
                                                               .
------------------------------------------------------------------------
(1) below 225 cc................  July 1, 2008 to     40 CFR part 90.
                                   December 31, 2011.
(2) below 225 cc................  January 1, 2012 or  40 CFR part 1054.
                                   later.
(3) at or above 225 cc..........  July 1, 2008 to     40 CFR part 90.
                                   December 31, 2010.
(4) at or above 225 cc..........  January 1, 2011 or  40 CFR part 1054.
                                   later.
------------------------------------------------------------------------

    (b) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater than 
19 KW (25 HP) (except emergency stationary ICE with a maximum engine 
power greater than 25 HP and less than 130 HP) that use gasoline and 
that are manufactured on or after the applicable date in Sec. 
60.4230(a)(2), or manufactured on or after the applicable date in Sec. 
60.4230(a)(4) for emergency stationary ICE with a maximum engine power 
greater than or equal to 130 HP, to the certification emission standards 
and other requirements for new nonroad SI engines in 40 CFR part 1048. 
Stationary SI internal combustion engine manufacturers must certify 
their emergency stationary SI ICE with a maximum engine power greater 
than 25 HP and less than 130 HP that are manufactured on or after the 
applicable date in Sec. 60.4230(a)(4) to the Phase 1 emission standards 
in 40 CFR 90.103, applicable to class II engines, and other requirements 
for new nonroad SI engines in 40 CFR part 90. Stationary SI internal 
combustion engine manufacturers may certify their stationary SI ICE with 
a maximum engine power less than or equal to 30 KW (40 HP) with a total 
displacement less than or equal to 1,000 cubic centimeters (cc) to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 90 or 1054, as appropriate.
    (c) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater than 
19 KW (25 HP) (except emergency stationary ICE with a maximum engine 
power greater than 25 HP and less than 130 HP) that are rich burn 
engines that use LPG and that are manufactured on or after the 
applicable date in Sec. 60.4230(a)(2), or manufactured on or after the 
applicable date in Sec. 60.4230(a)(4) for emergency stationary ICE with 
a maximum engine power greater than or equal to 130 HP, to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 1048. Stationary SI internal combustion engine 
manufacturers must certify their emergency stationary SI ICE with a 
maximum engine power greater than 25 HP and less than 130 HP that are 
manufactured on or after the applicable date in Sec. 60.4230(a)(4) to 
the Phase 1 emission standards in 40 CFR 90.103, applicable to class II 
engines, and other requirements for new nonroad SI engines in 40 CFR 
part 90. Stationary SI internal combustion engine manufacturers may 
certify their stationary SI ICE with a maximum engine power less than or 
equal to 30 KW (40 HP) with a total displacement less than or equal to 
1,000 cc to the certification emission standards and other requirements 
for new nonroad SI engines in 40 CFR part 90 or 1054, as appropriate.
    (d) Stationary SI internal combustion engine manufacturers who 
choose to certify their stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except gasoline 
and rich burn engines that use LPG and emergency stationary ICE with a 
maximum engine power greater than 25 HP and less than 130 HP) under the 
voluntary manufacturer certification program described in this subpart 
must certify those engines to the certification emission standards for 
new nonroad SI engines in 40 CFR part 1048. Stationary SI internal 
combustion engine manufacturers who choose to certify their emergency 
stationary SI ICE greater than

[[Page 1066]]

25 HP and less than 130 HP, must certify those engines to the Phase 1 
emission standards in 40 CFR 90.103, applicable to class II engines, for 
new nonroad SI engines in 40 CFR part 90. Stationary SI internal 
combustion engine manufacturers may certify their stationary SI ICE with 
a maximum engine power less than or equal to 30 KW (40 HP) with a total 
displacement less than or equal to 1,000 cc to the certification 
emission standards for new nonroad SI engines in 40 CFR part 90 or 1054, 
as appropriate. For stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except gasoline 
and rich burn engines that use LPG and emergency stationary ICE with a 
maximum engine power greater than 25 HP and less than 130 HP) 
manufactured prior to January 1, 2011, manufacturers may choose to 
certify these engines to the standards in Table 1 to this subpart 
applicable to engines with a maximum engine power greater than or equal 
to 100 HP and less than 500 HP.
    (e) Stationary SI internal combustion engine manufacturers who 
choose to certify their stationary SI ICE with a maximum engine power 
greater than or equal to 75 KW (100 HP) (except gasoline and rich burn 
engines that use LPG) under the voluntary manufacturer certification 
program described in this subpart must certify those engines to the 
emission standards in Table 1 to this subpart. Stationary SI internal 
combustion engine manufacturers may certify their stationary SI ICE with 
a maximum engine power greater than or equal to 75 KW (100 HP) that are 
lean burn engines that use LPG to the certification emission standards 
for new nonroad SI engines in 40 CFR part 1048. For stationary SI ICE 
with a maximum engine power greater than or equal to 100 HP (75 KW) and 
less than 500 HP (373 KW) manufactured prior to January 1, 2011, and for 
stationary SI ICE with a maximum engine power greater than or equal to 
500 HP (373 KW) manufactured prior to July 1, 2010, manufacturers may 
choose to certify these engines to the certification emission standards 
for new nonroad SI engines in 40 CFR part 1048 applicable to engines 
that are not severe duty engines.
    (f) Manufacturers of equipment containing stationary SI internal 
combustion engines meeting the provisions of 40 CFR part 1054 must meet 
the provisions of 40 CFR part 1060, to the extent they apply to 
equipment manufacturers.

[73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59175, Oct. 8, 2008]

    Effective Date Note: At 76 FR 37973, June 28, 2011, Sec. 60.4231 
was amended by revising paragraph (a) and adding paragraph (g), 
effective Aug. 29, 2011. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 60.4231  What emissions standards must I meet if I am a 
          manufacturer of stationary SI internal combustion engines or 
          equipment containing such engines?

    (a) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power less than or 
equal to 19 KW (25 HP) manufactured on or after July 1, 2008 to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 90 or 1054, as follows:

------------------------------------------------------------------------
                                                        the engine must
                                                        meet  emission
                                                         standards and
If engine  displacement is * * *  and  manufacturing        related
                                    dates are * * *    requirements for
                                                          nonhandheld
                                                      engines  under * *
                                                               *
------------------------------------------------------------------------
(1) below 225 cc................  July 1, 2008 to     40 CFR part 90.
                                   December 31, 2011.
(2) below 225 cc................  January 1, 2012 or  40 CFR part 1054.
                                   later.
(3) at or above 225 cc..........  July 1, 2008 to     40 CFR part 90.
                                   December 31, 2010.
(4) at or above 225 cc..........  January 1, 2011 or  40 CFR part 1054.
                                   later.
------------------------------------------------------------------------

    (g) Notwithstanding the requirements in paragraphs (a) through (c) 
of this section, stationary SI internal combustion engine manufacturers 
are not required to certify reconstructed engines; however manufacturers 
may elect to do so. The reconstructed engine must be certified to the 
emission standards specified in paragraphs (a) through (e) of this 
section that are applicable to the model year, maximum engine power and 
displacement of the reconstructed stationary SI ICE.

[[Page 1067]]



Sec. 60.4232  How long must my engines meet the emission standards if
I am a manufacturer of stationary SI internal combustion engines?

    Engines manufactured by stationary SI internal combustion engine 
manufacturers must meet the emission standards as required in Sec. 
60.4231 during the certified emissions life of the engines.

               Emission Standards for Owners and Operators



Sec. 60.4233  What emission standards must I meet if I am an owner or
operator of a stationary SI internal combustion engine?

    (a) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP) manufactured on or after July 
1, 2008, must comply with the emission standards in Sec. 60.4231(a) for 
their stationary SI ICE.
    (b) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) manufactured on or after the applicable 
date in Sec. 60.4230(a)(4) that use gasoline must comply with the 
emission standards in Sec. 60.4231(b) for their stationary SI ICE.
    (c) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) manufactured on or after the applicable 
date in Sec. 60.4230(a)(4) that are rich burn engines that use LPG must 
comply with the emission standards in Sec. 60.4231(c) for their 
stationary SI ICE.
    (d) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except 
gasoline and rich burn engines that use LPG) must comply with the 
emission standards for field testing in 40 CFR 1048.101(c) for their 
non-emergency stationary SI ICE and with the emission standards in Table 
1 to this subpart for their emergency stationary SI ICE. Owners and 
operators of stationary SI ICE with a maximum engine power greater than 
19 KW (25 HP) and less than 75 KW (100 HP) manufactured prior to January 
1, 2011, that were certified to the standards in Table 1 to this subpart 
applicable to engines with a maximum engine power greater than or equal 
to 100 HP and less than 500 HP, may optionally choose to meet those 
standards.
    (e) Owners and operators of stationary SI ICE with a maximum engine 
power greater than or equal to 75 KW (100 HP) (except gasoline and rich 
burn engines that use LPG) must comply with the emission standards in 
Table 1 to this subpart for their stationary SI ICE. For owners and 
operators of stationary SI ICE with a maximum engine power greater than 
or equal to 100 HP (except gasoline and rich burn engines that use LPG) 
manufactured prior to January 1, 2011 that were certified to the 
certification emission standards in 40 CFR part 1048 applicable to 
engines that are not severe duty engines, if such stationary SI ICE was 
certified to a carbon monoxide (CO) standard above the standard in Table 
1 to this subpart, then the owners and operators may meet the CO 
certification (not field testing) standard for which the engine was 
certified.
    (f) Owners and operators of any modified or reconstructed stationary 
SI ICE subject to this subpart must meet the requirements as specified 
in paragraphs (f)(1) through (5) of this section.
    (1) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP), that are modified or 
reconstructed after June 12, 2006, must comply with the same emission 
standards as those specified in paragraph (a) of this section.
    (2) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that use gasoline engines, that are 
modified or reconstructed after June 12, 2006, must comply with the same 
emission standards as those specified in paragraph (b) of this section.
    (3) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that are rich burn engines that use 
LPG, that are modified or reconstructed after June 12, 2006, must comply 
with the same emission standards as those specified in paragraph (c) of 
this section.
    (4) Owners and operators of stationary SI natural gas and lean burn 
LPG engines with a maximum engine

[[Page 1068]]

power greater than 19 KW (25 HP), that are modified or reconstructed 
after June 12, 2006, must comply with the same emission standards as 
those specified in paragraph (d) or (e) of this section, except that 
such owners and operators of non-emergency engines and emergency engines 
greater than or equal to 130 HP must meet a nitrogen oxides 
(NOX) emission standard of 3.0 grams per HP-hour (g/HP-hr), a 
CO emission standard of 4.0 g/HP-hr (5.0 g/HP-hr for non-emergency 
engines less than 100 HP), and a volatile organic compounds (VOC) 
emission standard of 1.0 g/HP-hr, or a NOX emission standard 
of 250 ppmvd at 15 percent oxygen (O2), a CO emission 
standard 540 ppmvd at 15 percent O2 (675 ppmvd at 15 percent 
O2 for non-emergency engines less than 100 HP), and a VOC 
emission standard of 86 ppmvd at 15 percent O2, where the 
date of manufacture of the engine is:
    (i) Prior to July 1, 2007, for non-emergency engines with a maximum 
engine power greater than or equal to 500 HP;
    (ii) Prior to July 1, 2008, for non-emergency engines with a maximum 
engine power less than 500 HP;
    (iii) Prior to January 1, 2009, for emergency engines.
    (5) Owners and operators of stationary SI landfill/digester gas ICE 
engines with a maximum engine power greater than 19 KW (25 HP), that are 
modified or reconstructed after June 12, 2006, must comply with the same 
emission standards as those specified in paragraph (e) of this section 
for stationary landfill/digester gas engines.
    (g) Owners and operators of stationary SI wellhead gas ICE engines 
may petition the Administrator for approval on a case-by-case basis to 
meet emission standards no less stringent than the emission standards 
that apply to stationary emergency SI engines greater than 25 HP and 
less than 130 HP due to the presence of high sulfur levels in the fuel, 
as specified in Table 1 to this subpart. The request must, at a minimum, 
demonstrate that the fuel has high sulfur levels that prevent the use of 
aftertreatment controls and also that the owner has reasonably made all 
attempts possible to obtain an engine that will meet the standards 
without the use of aftertreatment controls. The petition must request 
the most stringent standards reasonably applicable to the engine using 
the fuel.
    (h) Owners and operators of stationary SI ICE that are required to 
meet standards that reference 40 CFR 1048.101 must, if testing their 
engines in use, meet the standards in that section applicable to field 
testing, except as indicated in paragraph (e) of this section.

    Effective Date Note: At 76 FR 37973, June 28, 2011, Sec. 60.4233 
was amended by revising paragraph (f), effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 60.4233  What emission standards must I meet if I am an owner or 
          operator of a stationary SI internal combustion engine?

                                * * * * *

    (f) Owners and operators of any modified or reconstructed stationary 
SI ICE subject to this subpart must meet the requirements as specified 
in paragraphs (f)(1) through (5) of this section.
    (1) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP), that are modified or 
reconstructed after June 12, 2006, must comply with emission standards 
in Sec. 60.4231(a) for their stationary SI ICE. Engines with a date of 
manufacture prior to July 1, 2008 must comply with the emission 
standards specified in Sec. 60.4231(a) applicable to engines 
manufactured on July 1, 2008.
    (2) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that are gasoline engines and are 
modified or reconstructed after June 12, 2006, must comply with the 
emission standards in Sec. 60.4231(b) for their stationary SI ICE. 
Engines with a date of manufacture prior to July 1, 2008 (or January 1, 
2009 for emergency engines) must comply with the emission standards 
specified in Sec. 60.4231(b) applicable to engines manufactured on July 
1, 2008 (or January 1, 2009 for emergency engines).
    (3) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that are rich burn engines that use 
LPG, that are modified or reconstructed after June 12, 2006, must comply 
with the same emission standards as those specified in Sec. 60.4231(c). 
Engines with a date of manufacture prior to July 1, 2008 (or January 1, 
2009 for emergency engines) must comply with the emission standards 
specified in Sec. 60.4231(c) applicable to engines manufactured on July 
1, 2008 (or January 1, 2009 for emergency engines).
    (4) Owners and operators of stationary SI natural gas and lean burn 
LPG engines with

[[Page 1069]]

a maximum engine power greater than 19 KW (25 HP), that are modified or 
reconstructed after June 12, 2006, must comply with the same emission 
standards as those specified in paragraph (d) or (e) of this section, 
except that such owners and operators of non-emergency engines and 
emergency engines greater than or equal to 130 HP must meet a nitrogen 
oxides (NOX) emission standard of 3.0 grams per HP-hour (g/
HP-hr), a CO emission standard of 4.0 g/HP-hr (5.0 g/HP-hr for non-
emergency engines less than 100 HP), and a volatile organic compounds 
(VOC) emission standard of 1.0 g/HP-hr, or a NOX emission 
standard of 250 ppmvd at 15 percent oxygen (O2), a CO 
emission standard 540 ppmvd at 15 percent O2 (675 ppmvd at 15 
percent O2 for non-emergency engines less than 100 HP), and a 
VOC emission standard of 86 ppmvd at 15 percent O2, where the 
date of manufacture of the engine is:
    (i) Prior to July 1, 2007, for non-emergency engines with a maximum 
engine power greater than or equal to 500 HP (except lean burn natural 
gas engines and LPG engines with a maximum engine power greater than or 
equal to 500 HP and less than 1,350 HP);
    (ii) Prior to July 1, 2008, for non-emergency engines with a maximum 
engine power less than 500 HP;
    (iii) Prior to January 1, 2009, for emergency engines;
    (iv) Prior to January 1, 2008, for non-emergency lean burn natural 
gas engines and LPG engines with a maximum engine power greater than or 
equal to 500 HP and less than 1,350 HP.
    (5) Owners and operators of stationary SI landfill/digester gas ICE 
engines with a maximum engine power greater than 19 KW (25 HP), that are 
modified or reconstructed after June 12, 2006, must comply with the same 
emission standards as those specified in paragraph (e) of this section 
for stationary landfill/digester gas engines. Engines with maximum 
engine power less than 500 HP and a date of manufacture prior to July 1, 
2008 must comply with the emission standards specified in paragraph (e) 
of this section for stationary landfill/digester gas ICE with a maximum 
engine power less than 500 HP manufactured on July 1, 2008. Engines with 
a maximum engine power greater than or equal to 500 HP (except lean burn 
engines greater than or equal to 500 HP and less than 1,350 HP) and a 
date of manufacture prior to July 1, 2007 must comply with the emission 
standards specified in paragraph (e) of this section for stationary 
landfill/digester gas ICE with a maximum engine power greater than or 
equal to 500 HP (except lean burn engines greater than or equal to 500 
HP and less than 1,350 HP) manufactured on July 1, 2007. Lean burn 
engines greater than or equal to 500 HP and less than 1,350 HP with a 
date of manufacture prior to January 1, 2008 must comply with the 
emission standards specified in paragraph (e) of this section for 
stationary landfill/digester gas ICE that are lean burn engines greater 
than or equal to 500 HP and less than 1,350 HP and manufactured on 
January 1, 2008.

                                * * * * *



Sec. 60.4234  How long must I meet the emission standards if I am an 
owner or operator of a stationary SI internal combustion engine?

    Owners and operators of stationary SI ICE must operate and maintain 
stationary SI ICE that achieve the emission standards as required in 
Sec. 60.4233 over the entire life of the engine.

               Other Requirements for Owners and Operators



Sec. 60.4235  What fuel requirements must I meet if I am an owner or
operator of a stationary SI gasoline fired internal combustion engine

subject to this 
          subpart?

    Owners and operators of stationary SI ICE subject to this subpart 
that use gasoline must use gasoline that meets the per gallon sulfur 
limit in 40 CFR 80.195.



Sec. 60.4236  What is the deadline for importing or installing 
stationary SI ICE produced in the previous model year?

    (a) After July 1, 2010, owners and operators may not install 
stationary SI ICE with a maximum engine power of less than 500 HP that 
do not meet the applicable requirements in Sec. 60.4233.
    (b) After July 1, 2009, owners and operators may not install 
stationary SI ICE with a maximum engine power of greater than or equal 
to 500 HP that do not meet the applicable requirements in Sec. 60.4233, 
except that lean burn engines with a maximum engine power greater than 
or equal to 500 HP and less than 1,350 HP that do not meet the 
applicable requirements in Sec. 60.4233 may not be installed after 
January 1, 2010.
    (c) For emergency stationary SI ICE with a maximum engine power of 
greater than 19 KW (25 HP), owners and operators may not install engines 
that do not meet the applicable requirements in Sec. 60.4233 after 
January 1, 2011.
    (d) In addition to the requirements specified in Sec. Sec. 60.4231 
and 60.4233, it is prohibited to import stationary SI ICE

[[Page 1070]]

less than or equal to 19 KW (25 HP), stationary rich burn LPG SI ICE, 
and stationary gasoline SI ICE that do not meet the applicable 
requirements specified in paragraphs (a), (b), and (c) of this section, 
after the date specified in paragraph (a), (b), and (c) of this section.
    (e) The requirements of this section do not apply to owners and 
operators of stationary SI ICE that have been modified or reconstructed, 
and they do not apply to engines that were removed from one existing 
location and reinstalled at a new location.

    Effective Date Note: At 76 FR 37974, June 28, 2011, Sec. 60.4236 
was amended by revising the section heading, effective Aug. 28, 2011. 
For the convenience of the user, the revised text is set forth as 
follows:



Sec. 60.4236  What is the deadline for importing or installing 
          stationary SI ICE produced in previous model years?

                                * * * * *



Sec. 60.4237  What are the monitoring requirements if I am an owner
or operator of an emergency stationary SI internal combustion engine?

    (a) Starting on July 1, 2010, if the emergency stationary SI 
internal combustion engine that is greater than or equal to 500 HP that 
was built on or after July 1, 2010, does not meet the standards 
applicable to non-emergency engines, the owner or operator must install 
a non-resettable hour meter.
    (b) Starting on January 1, 2011, if the emergency stationary SI 
internal combustion engine that is greater than or equal to 130 HP and 
less than 500 HP that was built on or after January 1, 2011, does not 
meet the standards applicable to non-emergency engines, the owner or 
operator must install a non-resettable hour meter.
    (c) If you are an owner or operator of an emergency stationary SI 
internal combustion engine that is less than 130 HP, was built on or 
after July 1, 2008, and does not meet the standards applicable to non-
emergency engines, you must install a non-resettable hour meter upon 
startup of your emergency engine.

                Compliance Requirements for Manufacturers



Sec. 60.4238  What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines <=19 KW (25 HP)

or a manufacturer of 
          equipment containing such engines?

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec. 60.4231(a) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B, or 40 CFR part 1054, subpart C, 
as applicable, and must test their engines as specified in those parts. 
Manufacturers of equipment containing stationary SI internal combustion 
engines meeting the provisions of 40 CFR part 1054 must meet the 
provisions of 40 CFR part 1060, subpart C, to the extent they apply to 
equipment manufacturers.

[73 FR 59176, Oct. 8, 2008]



Sec. 60.4239  What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines 19 KW (25 HP)

that use 
          gasoline or a manufacturer of equipment containing such 
          engines?

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec. 60.4231(b) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 1048, subpart C, and must test their engines as 
specified in that part. Stationary SI internal combustion engine 
manufacturers who certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement less 
than or equal to 1,000 cc to the certification emission standards and 
other requirements for new nonroad SI engines in 40 CFR part 90 or 40 
CFR part 1054, and manufacturers of stationary SI emergency engines that 
are greater than 25 HP and less than 130 HP who meet the Phase 1 
emission standards in 40 CFR 90.103, applicable to class II engines, 
must certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B,

[[Page 1071]]

or 40 CFR part 1054, subpart C, as applicable, and must test their 
engines as specified in those parts. Manufacturers of equipment 
containing stationary SI internal combustion engines meeting the 
provisions of 40 CFR part 1054 must meet the provisions of 40 CFR part 
1060, subpart C, to the extent they apply to equipment manufacturers.

[73 FR 59176, Oct. 8, 2008]



Sec. 60.4240  What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines 19 KW (25 HP)

that are rich 
          burn engines that use LPG or a manufacturer of equipment 
          containing such engines?

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec. 60.4231(c) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 1048, subpart C, and must test their engines as 
specified in that part. Stationary SI internal combustion engine 
manufacturers who certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement less 
than or equal to 1,000 cc to the certification emission standards and 
other requirements for new nonroad SI engines in 40 CFR part 90 or 40 
CFR part 1054, and manufacturers of stationary SI emergency engines that 
are greater than 25 HP and less than 130 HP who meet the Phase 1 
emission standards in 40 CFR 90.103, applicable to class II engines, 
must certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B, or 40 CFR part 1054, subpart C, 
as applicable, and must test their engines as specified in those parts. 
Manufacturers of equipment containing stationary SI internal combustion 
engines meeting the provisions of 40 CFR part 1054 must meet the 
provisions of 40 CFR part 1060, subpart C, to the extent they apply to 
equipment manufacturers.

[73 FR 59176, Oct. 8, 2008]



Sec. 60.4241  What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines participating in

the voluntary 
          certification program or a manufacturer of equipment 
          containing such engines?

    (a) Manufacturers of stationary SI internal combustion engines with 
a maximum engine power greater than 19 KW (25 HP) that do not use 
gasoline and are not rich burn engines that use LPG can choose to 
certify their engines to the emission standards in Sec. 60.4231(d) or 
(e), as applicable, under the voluntary certification program described 
in this subpart. Manufacturers who certify their engines under the 
voluntary certification program must meet the requirements as specified 
in paragraphs (b) through (g) of this section. In addition, 
manufacturers of stationary SI internal combustion engines who choose to 
certify their engines under the voluntary certification program, must 
also meet the requirements as specified in Sec. 60.4247.
    (b) Manufacturers of engines other than those certified to standards 
in 40 CFR part 90 or 40 CFR part 1054 must certify their stationary SI 
ICE using the certification procedures required in 40 CFR part 1048, 
subpart C, and must follow the same test procedures that apply to large 
SI nonroad engines under 40 CFR part 1048, but must use the D-1 cycle of 
International Organization of Standardization 8178-4: 1996(E) 
(incorporated by reference, see 40 CFR 60.17) or the test cycle 
requirements specified in Table 5 to 40 CFR 1048.505, except that Table 
5 of 40 CFR 1048.505 applies to high load engines only. Stationary SI 
internal combustion engine manufacturers who certify their stationary SI 
ICE with a maximum engine power less than or equal to 30 KW (40 HP) with 
a total displacement less than or equal to 1,000 cc to the certification 
emission standards and other requirements for new nonroad SI engines in 
40 CFR part 90 or 40 CFR part 1054, and manufacturers of emergency 
engines that are greater than 25 HP and less than 130 HP who meet the 
Phase 1 standards in 40 CFR 90.103, applicable to class II engines, must 
certify their stationary SI ICE

[[Page 1072]]

using the certification procedures required in 40 CFR part 90, subpart 
B, or 40 CFR part 1054, subpart C, as applicable, and must test their 
engines as specified in those parts. Manufacturers of equipment 
containing stationary SI internal combustion engines meeting the 
provisions of 40 CFR part 1054 must meet the provisions of 40 CFR part 
1060, subpart C, to the extent they apply to equipment manufacturers.
    (c) Certification of stationary SI ICE to the emission standards 
specified in Sec. 60.4231(d) or (e), as applicable, is voluntary, but 
manufacturers who decide to certify are subject to all of the 
requirements indicated in this subpart with regard to the engines 
included in their certification. Manufacturers must clearly label their 
stationary SI engines as certified or non-certified engines.
    (d) Manufacturers of natural gas fired stationary SI ICE who conduct 
voluntary certification of stationary SI ICE to the emission standards 
specified in Sec. 60.4231(d) or (e), as applicable, must certify their 
engines for operation using fuel that meets the definition of pipeline-
quality natural gas. The fuel used for certifying stationary SI natural 
gas engines must meet the definition of pipeline-quality natural gas as 
described in Sec. 60.4248. In addition, the manufacturer must provide 
information to the owner and operator of the certified stationary SI 
engine including the specifications of the pipeline-quality natural gas 
to which the engine is certified and what adjustments the owner or 
operator must make to the engine when installed in the field to ensure 
compliance with the emission standards.
    (e) Manufacturers of stationary SI ICE that are lean burn engines 
fueled by LPG who conduct voluntary certification of stationary SI ICE 
to the emission standards specified in Sec. 60.4231(d) or (e), as 
applicable, must certify their engines for operation using fuel that 
meets the specifications in 40 CFR 1065.720.
    (f) Manufacturers may certify their engines for operation using 
gaseous fuels in addition to pipeline-quality natural gas; however, the 
manufacturer must specify the properties of that fuel and provide 
testing information showing that the engine will meet the emission 
standards specified in Sec. 60.4231(d) or (e), as applicable, when 
operating on that fuel. The manufacturer must also provide instructions 
for configuring the stationary engine to meet the emission standards on 
fuels that do not meet the pipeline-quality natural gas definition. The 
manufacturer must also provide information to the owner and operator of 
the certified stationary SI engine regarding the configuration that is 
most conducive to reduced emissions where the engine will be operated on 
gaseous fuels with different quality than the fuel that it was certified 
to.
    (g) A stationary SI engine manufacturer may certify an engine family 
solely to the standards applicable to landfill/digester gas engines as 
specified in Sec. 60.4231(d) or (e), as applicable, but must certify 
their engines for operation using landfill/digester gas and must add a 
permanent label stating that the engine is for use only in landfill/
digester gas applications. The label must be added according to the 
labeling requirements specified in 40 CFR 1048.135(b).
    (h) For purposes of this subpart, when calculating emissions of 
volatile organic compounds, emissions of formaldehyde should not be 
included.
    (i) For engines being certified to the voluntary certification 
standards in Table 1 of this subpart, the VOC measurement shall be made 
by following the procedures in 40 CFR 1065.260 and 1065.265 in order to 
determine the total NMHC emissions by using a flame-ionization detector 
and non-methane cutter. As an alternative to the nonmethane cutter, 
manufacturers may use a gas chromatograph as allowed under 40 CFR 
1065.267 and may measure ethane, as well as methane, for excluding such 
levels from the total VOC measurement.

[73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59176, Oct. 8, 2008]

    Effective Date Note: At 76 FR 37974, June 28, 2011, Sec. 60.4241 
was amended by revising the first sentence in paragraph (b), effective 
Aug. 29, 2011. For the convenience of the user, the revised text is set 
forth as follows:

[[Page 1073]]



Sec. 60.4241  What are my compliance requirements if I am a 
          manufacturer of stationary SI internal combustion engines 
          participating in the voluntary certification program?

                                * * * * *

    (b) Manufacturers of engines other than those certified to standards 
in 40 CFR part 90 or 40 CFR part 1054 must certify their stationary SI 
ICE using the certification procedures required in 40 CFR part 1048, 
subpart C, and must follow the same test procedures that apply to large 
SI nonroad engines under 40 CFR part 1048, but must use the D-1 cycle of 
International Organization of Standardization 8178-4: 1996(E) 
(incorporated by reference, see 40 CFR 60.17) or the test cycle 
requirements specified in Table 3 to 40 CFR 1048.505, except that Table 
3 of 40 CFR 1048.505 applies to high load engines only. * * *

                                * * * * *



Sec. 60.4242  What other requirements must I meet if I am a manufacturer
of stationary SI internal combustion engines or equipment containing 

stationary SI 
          internal combustion engines or a manufacturer of equipment 
          containing such engines?

    (a) Stationary SI internal combustion engine manufacturers must meet 
the provisions of 40 CFR part 90, 40 CFR part 1048, or 40 CFR part 1054, 
as applicable, as well as 40 CFR part 1068 for engines that are 
certified to the emission standards in 40 CFR part 1048 or 1054, except 
that engines certified pursuant to the voluntary certification 
procedures in Sec. 60.4241 are subject only to the provisions indicated 
in Sec. 60.4247 and are permitted to provide instructions to owners and 
operators allowing for deviations from certified configurations, if such 
deviations are consistent with the provisions of paragraphs Sec. 
60.4241(c) through (f). Manufacturers of equipment containing stationary 
SI internal combustion engines meeting the provisions of 40 CFR part 
1054 must meet the provisions of 40 CFR part 1060, as applicable. Labels 
on engines certified to 40 CFR part 1048 must refer to stationary 
engines, rather than or in addition to nonroad engines, as appropriate.
    (b) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under 40 CFR part 90, 40 CFR part 1048, or 40 CFR part 1054 
for that model year may certify any such family that contains both 
nonroad and stationary engines as a single engine family and/or may 
include any such family containing stationary engines in the averaging, 
banking and trading provisions applicable for such engines under those 
parts. This provision also applies to equipment or component 
manufacturers certifying to standards under 40 CFR part 1060.
    (c) Manufacturers of engine families certified to 40 CFR part 1048 
may meet the labeling requirements referred to in paragraph (a) of this 
section for stationary SI ICE by either adding a separate label 
containing the information required in paragraph (a) of this section or 
by adding the words ``and stationary'' after the word ``nonroad'' to the 
label.
    (d) For all engines manufactured on or after January 1, 2011, and 
for all engines with a maximum engine power greater than 25 HP and less 
than 130 HP manufactured on or after July 1, 2008, a stationary SI 
engine manufacturer that certifies an engine family solely to the 
standards applicable to emergency engines must add a permanent label 
stating that the engines in that family are for emergency use only. The 
label must be added according to the labeling requirements specified in 
40 CFR 1048.135(b).
    (e) All stationary SI engines subject to mandatory certification 
that do not meet the requirements of this subpart must be labeled 
according to 40 CFR 1068.230 and must be exported under the provisions 
of 40 CFR 1068.230. Stationary SI engines subject to standards in 40 CFR 
part 90 may use the provisions in 40 CFR 90.909. Manufacturers of 
stationary engines with a maximum engine power greater than 25 HP that 
are not certified to standards and other requirements under 40 CFR part 
1048 are subject to the labeling provisions of 40 CFR 1048.20 pertaining 
to excluded stationary engines.
    (f) For manufacturers of gaseous-fueled stationary engines required 
to meet the warranty provisions in 40 CFR 90.1103 or 1054.120, we may 
establish an hour-based warranty period

[[Page 1074]]

equal to at least the certified emissions life of the engines (in engine 
operating hours) if we determine that these engines are likely to 
operate for a number of hours greater than the applicable useful life 
within 24 months. We will not approve an alternate warranty under this 
paragraph (f) for nonroad engines. An alternate warranty period approved 
under this paragraph (f) will be the specified number of engine 
operating hours or two years, whichever comes first. The engine 
manufacturer shall request this alternate warranty period in its 
application for certification or in an earlier submission. We may 
approve an alternate warranty period for an engine family subject to the 
following conditions:
    (1) The engines must be equipped with non-resettable hour meters.
    (2) The engines must be designed to operate for a number of hours 
substantially greater than the applicable certified emissions life.
    (3) The emission-related warranty for the engines may not be shorter 
than any published warranty offered by the manufacturer without charge 
for the engines. Similarly, the emission-related warranty for any 
component shall not be shorter than any published warranty offered by 
the manufacturer without charge for that component.

[73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59177, Oct. 8, 2008]

            Compliance Requirements for Owners and Operators



Sec. 60.4243  What are my compliance requirements if I am an owner or
operator of a stationary SI internal combustion engine?

    (a) If you are an owner or operator of a stationary SI internal 
combustion engine that is manufactured after July 1, 2008, and must 
comply with the emission standards specified in Sec. 60.4233(a) through 
(c), you must comply by purchasing an engine certified to the emission 
standards in Sec. 60.4231(a) through (c), as applicable, for the same 
engine class and maximum engine power. You must also meet the 
requirements as specified in 40 CFR part 1068, subparts A through D, as 
they apply to you. If you adjust engine settings according to and 
consistent with the manufacturer's instructions, your stationary SI 
internal combustion engine will not be considered out of compliance. In 
addition, you must meet one of the requirements specified in (a)(1) and 
(2) of this section.
    (1) If you operate and maintain the certified stationary SI internal 
combustion engine and control device according to the manufacturer's 
emission-related written instructions, you must keep records of 
conducted maintenance to demonstrate compliance, but no performance 
testing is required if you are an owner or operator.
    (2) If you do not operate and maintain the certified stationary SI 
internal combustion engine and control device according to the 
manufacturer's emission-related written instructions, your engine will 
be considered a non-certified engine, and you must demonstrate 
compliance according to (a)(2)(i) through (iii) of this section, as 
appropriate.
    (i) If you are an owner or operator of a stationary SI internal 
combustion engine less than 100 HP, you must keep a maintenance plan and 
records of conducted maintenance to demonstrate compliance and must, to 
the extent practicable, maintain and operate the engine in a manner 
consistent with good air pollution control practice for minimizing 
emissions, but no performance testing is required if you are an owner or 
operator.
    (ii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than or equal to 100 HP and less than or equal 
to 500 HP, you must keep a maintenance plan and records of conducted 
maintenance and must, to the extent practicable, maintain and operate 
the engine in a manner consistent with good air pollution control 
practice for minimizing emissions. In addition, you must conduct an 
initial performance test within 1 year of engine startup to demonstrate 
compliance.
    (iii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent with 
good air pollution control

[[Page 1075]]

practice for minimizing emissions. In addition, you must conduct an 
initial performance test within 1 year of engine startup and conduct 
subsequent performance testing every 8,760 hours or 3 years, whichever 
comes first, thereafter to demonstrate compliance.
    (b) If you are an owner or operator of a stationary SI internal 
combustion engine and must comply with the emission standards specified 
in Sec. 60.4233(d) or (e), you must demonstrate compliance according to 
one of the methods specified in paragraphs (b)(1) and (2) of this 
section.
    (1) Purchasing an engine certified according to procedures specified 
in this subpart, for the same model year and demonstrating compliance 
according to one of the methods specified in paragraph (a) of this 
section.
    (2) Purchasing a non-certified engine and demonstrating compliance 
with the emission standards specified in Sec. 60.4233(d) or (e) and 
according to the requirements specified in Sec. 60.4244, as applicable, 
and according to paragraphs (b)(2)(i) and (ii) of this section.
    (i) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 25 HP and less than or equal to 500 HP, 
you must keep a maintenance plan and records of conducted maintenance 
and must, to the extent practicable, maintain and operate the engine in 
a manner consistent with good air pollution control practice for 
minimizing emissions. In addition, you must conduct an initial 
performance test to demonstrate compliance.
    (ii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent with 
good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test and conduct 
subsequent performance testing every 8,760 hours or 3 years, whichever 
comes first, thereafter to demonstrate compliance.
    (c) If you are an owner or operator of a stationary SI internal 
combustion engine that must comply with the emission standards specified 
in Sec. 60.4233(f), you must demonstrate compliance according paragraph 
(b)(2)(i) or (ii) of this section, except that if you comply according 
to paragraph (b)(2)(i) of this section, you demonstrate that your non-
certified engine complies with the emission standards specified in Sec. 
60.4233(f).
    (d) Emergency stationary ICE may be operated for the purpose of 
maintenance checks and readiness testing, provided that the tests are 
recommended by Federal, State or local government, the manufacturer, the 
vendor, or the insurance company associated with the engine. Maintenance 
checks and readiness testing of such units is limited to 100 hours per 
year. There is no time limit on the use of emergency stationary ICE in 
emergency situations. The owner or operator may petition the 
Administrator for approval of additional hours to be used for 
maintenance checks and readiness testing, but a petition is not required 
if the owner or operator maintains records indicating that Federal, 
State, or local standards require maintenance and testing of emergency 
ICE beyond 100 hours per year. Emergency stationary ICE may operate up 
to 50 hours per year in non-emergency situations, but those 50 hours are 
counted towards the 100 hours per year provided for maintenance and 
testing. The 50 hours per year for non-emergency situations cannot be 
used for peak shaving or to generate income for a facility to supply 
power to an electric grid or otherwise supply power as part of a 
financial arrangement with another entity. For owners and operators of 
emergency engines, any operation other than emergency operation, 
maintenance and testing, and operation in non-emergency situations for 
50 hours per year, as permitted in this section, is prohibited.
    (e) Owners and operators of stationary SI natural gas fired engines 
may operate their engines using propane for a maximum of 100 hours per 
year as an alternative fuel solely during emergency operations, but must 
keep records of such use. If propane is used for more than 100 hours per 
year in an engine that is not certified to the

[[Page 1076]]

emission standards when using propane, the owners and operators are 
required to conduct a performance test to demonstrate compliance with 
the emission standards of Sec. 60.4233.
    (f) If you are an owner or operator of a stationary SI internal 
combustion engine that is less than or equal to 500 HP and you purchase 
a non-certified engine or you do not operate and maintain your certified 
stationary SI internal combustion engine and control device according to 
the manufacturer's written emission-related instructions, you are 
required to perform initial performance testing as indicated in this 
section, but you are not required to conduct subsequent performance 
testing unless the stationary engine is rebuilt or undergoes major 
repair or maintenance. A rebuilt stationary SI ICE means an engine that 
has been rebuilt as that term is defined in 40 CFR 94.11(a).
    (g) It is expected that air-to-fuel ratio controllers will be used 
with the operation of three-way catalysts/non-selective catalytic 
reduction. The AFR controller must be maintained and operated 
appropriately in order to ensure proper operation of the engine and 
control device to minimize emissions at all times.
    (h) If you are an owner/operator of an stationary SI internal 
combustion engine with maximum engine power greater than or equal to 500 
HP that is manufactured after July 1, 2007 and before July 1, 2008, and 
must comply with the emission standards specified in sections 60.4233(b) 
or (c), you must comply by one of the methods specified in paragraphs 
(h)(1) through (h)(4) of this section.
    (1) Purchasing an engine certified according to 40 CFR part 1048. 
The engine must be installed and configured according to the 
manufacturer's specifications.
    (2) Keeping records of performance test results for each pollutant 
for a test conducted on a similar engine. The test must have been 
conducted using the same methods specified in this subpart and these 
methods must have been followed correctly.
    (3) Keeping records of engine manufacturer data indicating 
compliance with the standards.
    (4) Keeping records of control device vendor data indicating 
compliance with the standards.

    Effective Date Note: At 76 FR 37974, June 28, 2011, Sec. 60.4243 
was amended by revising paragraph (a) introductory text, revising 
paragraph (a)(1), and adding paragraph (i), effective Aug. 29, 2011. For 
the convenience of the user, the added and revised text is set forth as 
follows:



Sec. 60.4243  What are my compliance requirements if I am an owner or 
          operator of a stationary SI internal combustion engine?

    (a) If you are an owner or operator of a stationary SI internal 
combustion engine that is manufactured after July 1, 2008, and must 
comply with the emission standards specified in Sec. 60.4233(a) through 
(c), you must comply by purchasing an engine certified to the emission 
standards in Sec. 60.4231(a) through (c), as applicable, for the same 
engine class and maximum engine power. In addition, you must meet one of 
the requirements specified in (a)(1) and (2) of this section.
    (1) If you operate and maintain the certified stationary SI internal 
combustion engine and control device according to the manufacturer's 
emission-related written instructions, you must keep records of 
conducted maintenance to demonstrate compliance, but no performance 
testing is required if you are an owner or operator. You must also meet 
the requirements as specified in 40 CFR part 1068, subparts A through D, 
as they apply to you. If you adjust engine settings according to and 
consistent with the manufacturer's instructions, your stationary SI 
internal combustion engine will not be considered out of compliance.

                                * * * * *

    (i) If you are an owner or operator of a modified or reconstructed 
stationary SI internal combustion engine and must comply with the 
emission standards specified in Sec. 60.4233(f), you must demonstrate 
compliance according to one of the methods specified in paragraphs 
(i)(1) or (2) of this section.
    (1) Purchasing, or otherwise owning or operating, an engine 
certified to the emission standards in Sec. 60.4233(f), as applicable.
    (2) Conducting a performance test to demonstrate initial compliance 
with the emission standards according to the requirements specified in 
Sec. 60.4244. The test must be conducted within 60 days after the 
engine commences operation after the modification or reconstruction.

[[Page 1077]]

              Testing Requirements for Owners and Operators



Sec. 60.4244  What test methods and other procedures must I use if I 
am an owner or operator of a stationary SI internal combustion engine?

    Owners and operators of stationary SI ICE who conduct performance 
tests must follow the procedures in paragraphs (a) through (f) of this 
section.
    (a) Each performance test must be conducted within 10 percent of 100 
percent peak (or the highest achievable) load and according to the 
requirements in Sec. 60.8 and under the specific conditions that are 
specified by Table 2 to this subpart.
    (b) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified in Sec. 60.8(c). If your 
stationary SI internal combustion engine is non-operational, you do not 
need to startup the engine solely to conduct a performance test; 
however, you must conduct the performance test immediately upon startup 
of the engine.
    (c) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 60.8(f). Each test 
run must be conducted within 10 percent of 100 percent peak (or the 
highest achievable) load and last at least 1 hour.
    (d) To determine compliance with the NOX mass per unit 
output emission limitation, convert the concentration of NOX 
in the engine exhaust using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.000

Where:

ER = Emission rate of NOX in g/HP-hr.
Cd = Measured NOX concentration in parts per 
million by volume (ppmv).
1.912x10-\3\ = Conversion constant for ppm NOX to 
grams per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per hour, 
dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, horsepower-hour (HP-hr).

    (e) To determine compliance with the CO mass per unit output 
emission limitation, convert the concentration of CO in the engine 
exhaust using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.001

Where:

ER = Emission rate of CO in g/HP-hr.
Cd = Measured CO concentration in ppmv.
1.164x10-\3\ = Conversion constant for ppm CO to grams per 
standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per hour, 
dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

    (f) For purposes of this subpart, when calculating emissions of VOC, 
emissions of formaldehyde should not be included. To determine 
compliance with the VOC mass per unit output emission limitation, 
convert the concentration of VOC in the engine exhaust using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.002


[[Page 1078]]


Where:

ER = Emission rate of VOC in g/HP-hr.
Cd = VOC concentration measured as propane in ppmv.
1.833x10-\3\ = Conversion constant for ppm VOC measured as 
propane, to grams per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per hour, 
dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

    (g) If the owner/operator chooses to measure VOC emissions using 
either Method 18 of 40 CFR part 60, appendix A, or Method 320 of 40 CFR 
part 63, appendix A, then it has the option of correcting the measured 
VOC emissions to account for the potential differences in measured 
values between these methods and Method 25A. The results from Method 18 
and Method 320 can be corrected for response factor differences using 
Equations 4 and 5 of this section. The corrected VOC concentration can 
then be placed on a propane basis using Equation 6 of this section.
[GRAPHIC] [TIFF OMITTED] TR18JA08.003

Where:

RFi = Response factor of compound i when measured with EPA 
Method 25A.
CMi = Measured concentration of compound i in ppmv 
as carbon.
CAi = True concentration of compound i in ppmv as 
carbon.
[GRAPHIC] [TIFF OMITTED] TR18JA08.004

Where:

Cicorr = Concentration of compound i corrected to 
the value that would have been measured by EPA Method 25A, ppmv as 
carbon.
Cimeas = Concentration of compound i measured by 
EPA Method 320, ppmv as carbon.
[GRAPHIC] [TIFF OMITTED] TR18JA08.005

Where:

CPeq = Concentration of compound i in mg of propane 
equivalent per DSCM.

       Notification, Reports, and Records for Owners and Operators



Sec. 60.4245  What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI internal

combustion engine?

    Owners or operators of stationary SI ICE must meet the following 
notification, reporting and recordkeeping requirements.
    (a) Owners and operators of all stationary SI ICE must keep records 
of the information in paragraphs (a)(1) through (4) of this section.
    (1) All notifications submitted to comply with this subpart and all 
documentation supporting any notification.
    (2) Maintenance conducted on the engine.
    (3) If the stationary SI internal combustion engine is a certified 
engine, documentation from the manufacturer that the engine is certified 
to meet the emission standards and information as required in 40 CFR 
parts 90, 1048, 1054, and 1060, as applicable.
    (4) If the stationary SI internal combustion engine is not a 
certified engine or is a certified engine operating in a non-certified 
manner and subject to Sec. 60.4243(a)(2), documentation that the engine 
meets the emission standards.
    (b) For all stationary SI emergency ICE greater than or equal to 500 
HP manufactured on or after July 1, 2010, that do not meet the standards 
applicable to non-emergency engines, the owner or operator of must keep 
records of the hours of operation of the engine that is recorded through 
the non-resettable hour meter. For all stationary SI emergency ICE 
greater than or equal to 130 HP and less than 500 HP manufactured on or 
after July 1, 2011 that do not meet the standards applicable to non-
emergency engines, the owner or operator of must keep records of the 
hours of operation of the engine that is recorded through the non-
resettable hour meter. For all stationary SI emergency ICE greater than 
25 HP and less than 130 HP manufactured on or after July 1, 2008, that 
do not meet the standards applicable to non-emergency engines, the owner 
or operator of must keep records of the hours of operation of the engine 
that is recorded through the non-resettable hour meter. The

[[Page 1079]]

owner or operator must document how many hours are spent for emergency 
operation, including what classified the operation as emergency and how 
many hours are spent for non-emergency operation.
    (c) Owners and operators of stationary SI ICE greater than or equal 
to 500 HP that have not been certified by an engine manufacturer to meet 
the emission standards in Sec. 60.4231 must submit an initial 
notification as required in Sec. 60.7(a)(1). The notification must 
include the information in paragraphs (c)(1) through (5) of this 
section.
    (1) Name and address of the owner or operator;
    (2) The address of the affected source;
    (3) Engine information including make, model, engine family, serial 
number, model year, maximum engine power, and engine displacement;
    (4) Emission control equipment; and
    (5) Fuel used.
    (d) Owners and operators of stationary SI ICE that are subject to 
performance testing must submit a copy of each performance test as 
conducted in Sec. 60.4244 within 60 days after the test has been 
completed.

[73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59177, Oct. 8, 2008]

                           General Provisions



Sec. 60.4246  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions 
in Sec. Sec. 60.1 through 60.19 apply to you.

                        Mobile Source Provisions



Sec. 60.4247  What parts of the mobile source provisions apply to me
if I am a manufacturer of stationary SI internal combustion engines

or a manufacturer of 
          equipment containing such engines?

    (a) Manufacturers certifying to emission standards in 40 CFR part 
90, including manufacturers certifying emergency engines below 130 HP, 
must meet the provisions of 40 CFR part 90. Manufacturers certifying to 
emission standards in 40 CFR part 1054 must meet the provisions of 40 
CFR part 1054. Manufacturers of equipment containing stationary SI 
internal combustion engines meeting the provisions of 40 CFR part 1054 
must meet the provisions of 40 CFR part 1060 to the extent they apply to 
equipment manufacturers.
    (b) Manufacturers required to certify to emission standards in 40 
CFR part 1048 must meet the provisions of 40 CFR part 1048. 
Manufacturers certifying to emission standards in 40 CFR part 1048 
pursuant to the voluntary certification program must meet the 
requirements in Table 4 to this subpart as well as the standards in 40 
CFR 1048.101.
    (c) For manufacturers of stationary SI internal combustion engines 
participating in the voluntary certification program and certifying 
engines to Table 1 to this subpart, Table 4 to this subpart shows which 
parts of the mobile source provisions in 40 CFR parts 1048, 1065, and 
1068 apply to you. Compliance with the deterioration factor provisions 
under 40 CFR 1048.205(n) and 1048.240 will be required for engines built 
new on and after January 1, 2010. Prior to January 1, 2010, 
manufacturers of stationary internal combustion engines participating in 
the voluntary certification program have the option to develop their own 
deterioration factors based on an engineering analysis.

[73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59177, Oct. 8, 2008]

                               Definitions



Sec. 60.4248  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the CAA and in subpart A of this part.
    Certified emissions life means the period during which the engine is 
designed to properly function in terms of reliability and fuel 
consumption, without being remanufactured, specified as a number of 
hours of operation or calendar years, whichever comes first. The values 
for certified emissions life for stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP) are given in 40 CFR 90.105, 40 
CFR 1054.107, and 40 CFR 1060.101, as appropriate. The values for 
certified emissions life for stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) certified to 40 CFR part 1048 are given 
in 40 CFR

[[Page 1080]]

1048.101(g). The certified emissions life for stationary SI ICE with a 
maximum engine power greater than 75 KW (100 HP) certified under the 
voluntary manufacturer certification program of this subpart is 5,000 
hours or 7 years, whichever comes first.
    Certified stationary internal combustion engine means an engine that 
belongs to an engine family that has a certificate of conformity that 
complies with the emission standards and requirements in this part, or 
of 40 CFR part 90, 40 CFR part 1048, or 40 CFR part 1054, as 
appropriate.
    Combustion turbine means all equipment, including but not limited to 
the turbine, the fuel, air, lubrication and exhaust gas systems, control 
systems (except emissions control equipment), and any ancillary 
components and sub-components comprising any simple cycle combustion 
turbine, any regenerative/recuperative cycle combustion turbine, the 
combustion turbine portion of any cogeneration cycle combustion system, 
or the combustion turbine portion of any combined cycle steam/electric 
generating system.
    Compression ignition means relating to a type of stationary internal 
combustion engine that is not a spark ignition engine.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is number 2 distillate oil.
    Digester gas means any gaseous by-product of wastewater treatment 
typically formed through the anaerobic decomposition of organic waste 
materials and composed principally of methane and carbon dioxide 
(CO2).
    Emergency stationary internal combustion engine means any stationary 
internal combustion engine whose operation is limited to emergency 
situations and required testing and maintenance. Examples include 
stationary ICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric power 
from the local utility (or the normal power source, if the facility runs 
on its own power production) is interrupted, or stationary ICE used to 
pump water in the case of fire or flood, etc. Stationary SI ICE used for 
peak shaving are not considered emergency stationary ICE. Stationary ICE 
used to supply power to an electric grid or that supply power as part of 
a financial arrangement with another entity are not considered to be 
emergency engines.
    Engine manufacturer means the manufacturer of the engine. See the 
definition of ``manufacturer'' in this section.
    Four-stroke engine means any type of engine which completes the 
power cycle in two crankshaft revolutions, with intake and compression 
strokes in the first revolution and power and exhaust strokes in the 
second revolution.
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
    Landfill gas means a gaseous by-product of the land application of 
municipal refuse typically formed through the anaerobic decomposition of 
waste materials and composed principally of methane and CO2.
    Lean burn engine means any two-stroke or four-stroke spark ignited 
engine that does not meet the definition of a rich burn engine.
    Liquefied petroleum gas means any liquefied hydrocarbon gas obtained 
as a by-product in petroleum refining of natural gas production.
    Manufacturer has the meaning given in section 216(1) of the Clean 
Air Act. In general, this term includes any person who manufactures a 
stationary engine for sale in the United States or otherwise introduces 
a new stationary engine into commerce in the United States. This 
includes importers who import stationary engines for resale.
    Maximum engine power means maximum engine power as defined in 40 CFR 
1048.801.
    Model year means either: The calendar year in which the engine was 
originally produced, or the annual new model production period of the 
engine manufacturer if it is different than the calendar year. This must 
include January 1 of the calendar year for which the model year is 
named. It may not begin before January 2 of the previous calendar year, 
and it must end by December 31 of the named calendar year. For

[[Page 1081]]

an engine that is converted to a stationary engine after being placed 
into service as a nonroad or other non-stationary engine, model year 
means the calendar year or new model production period in which the 
engine was originally produced.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Other internal combustion engine means any internal combustion 
engine, except combustion turbines, which is not a reciprocating 
internal combustion engine or rotary internal combustion engine.
    Pipeline-quality natural gas means a naturally occurring fluid 
mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in 
geological formations beneath the Earth's surface that maintains a 
gaseous state at standard atmospheric temperature and pressure under 
ordinary conditions, and which is provided by a supplier through a 
pipeline. Pipeline-quality natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 950 and 1,100 British thermal units per standard cubic foot.
    Rich burn engine means any four-stroke spark ignited engine where 
the manufacturer's recommended operating air/fuel ratio divided by the 
stoichiometric air/fuel ratio at full load conditions is less than or 
equal to 1.1. Engines originally manufactured as rich burn engines, but 
modified prior to June 12, 2006, with passive emission control 
technology for NOX (such as pre-combustion chambers) will be 
considered lean burn engines. Also, existing engines where there are no 
manufacturer's recommendations regarding air/fuel ratio will be 
considered a rich burn engine if the excess oxygen content of the 
exhaust at full load conditions is less than or equal to 2 percent.
    Rotary internal combustion engine means any internal combustion 
engine which uses rotary motion to convert heat energy into mechanical 
work.
    Spark ignition means relating to either: a gasoline-fueled engine; 
or any other type of engine with a spark plug (or other sparking device) 
and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for compression ignition and gaseous fuel (typically 
natural gas) is used as the primary fuel at an annual average ratio of 
less than 2 parts diesel fuel to 100 parts total fuel on an energy 
equivalent basis are spark ignition engines.
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile ICE 
in that a stationary internal combustion engine is not a nonroad engine 
as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that 
definition), and is not used to propel a motor vehicle or a vehicle used 
solely for competition. Stationary ICE include reciprocating ICE, rotary 
ICE, and other ICE, except combustion turbines.
    Stationary internal combustion engine test cell/stand means an 
engine test cell/stand, as defined in subpart PPPPP of this part, that 
test stationary ICE.
    Stoichiometric means the theoretical air-to-fuel ratio required for 
complete combustion.
    Subpart means 40 CFR part 60, subpart JJJJ.
    Two-stroke engine means a type of engine which completes the power 
cycle in single crankshaft revolution by combining the intake and 
compression operations into one stroke and the power and exhaust 
operations into a second stroke. This system requires auxiliary 
scavenging and inherently runs lean of stoichiometric.
    Volatile organic compounds means volatile organic compounds as 
defined in 40 CFR 51.100(s).
    Voluntary certification program means an optional engine 
certification program that manufacturers of stationary SI internal 
combustion engines with a maximum engine power greater than 19 KW (25 
HP) that do not use gasoline and are not rich burn engines that use

[[Page 1082]]

LPG can choose to participate in to certify their engines to the 
emission standards in Sec. 60.4231(d) or (e), as applicable.

[73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59177, Oct. 8, 2008]

    Effective Date Note: At 76 FR 37974, June 28, 2011, Sec. 60.4248 
was amended by revising the definition of ``Certified emissions life''; 
adding a definition for ``Date of manufacture'' in alphabetical order; 
adding a definition for ``Freshly manufactured engine'' in alphabetical 
order; adding a definition for ``Installed'' in alphabetical order; 
revising the definition of ``Liquefied petroleum gas''; revising the 
definition of ``Model year''; revising the definition of ``Stationary 
internal combustion engine''; and revising the definition of 
``Stationary internal combustion engine test cell/stand'', effective 
Aug. 29, 2011. For the convenience of the user, the added and revised 
text is set forth as follows:



Sec. 60.4248  What definitions apply to this subpart?

                                * * * * *

    Certified emissions life means the period during which the engine is 
designed to properly function in terms of reliability and fuel 
consumption, without being remanufactured, specified as a number of 
hours of operation or calendar years, whichever comes first. The values 
for certified emissions life for stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP) are given in 40 CFR 90.105, 40 
CFR 1054.107, and 40 CFR 1060.101, as appropriate. The values for 
certified emissions life for stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) certified to 40 CFR part 1048 are given 
in 40 CFR 1048.101(g). The certified emissions life for stationary SI 
ICE with a maximum engine power greater than 75 KW (100 HP) certified 
under the voluntary manufacturer certification program of this subpart 
is 5,000 hours or 7 years, whichever comes first. You may request in 
your application for certification that we approve a shorter certified 
emissions life for an engine family. We may approve a shorter certified 
emissions life, in hours of engine operation but not in years, if we 
determine that these engines will rarely operate longer than the shorter 
certified emissions life. If engines identical to those in the engine 
family have already been produced and are in use, your demonstration 
must include documentation from such in-use engines. In other cases, 
your demonstration must include an engineering analysis of information 
equivalent to such in-use data, such as data from research engines or 
similar engine models that are already in production. Your demonstration 
must also include any overhaul interval that you recommend, any 
mechanical warranty that you offer for the engine or its components, and 
any relevant customer design specifications. Your demonstration may 
include any other relevant information. The certified emissions life 
value may not be shorter than any of the following:
    (i) 1,000 hours of operation.
    (ii) Your recommended overhaul interval.
    (iii) Your mechanical warranty for the engine.

                                * * * * *

    Date of manufacture means one of the following things:
    (1) For freshly manufactured engines and modified engines, date of 
manufacture means the date the engine is originally produced.
    (2) For reconstructed engines, date of manufacture means the date 
the engine was originally produced, except as specified in paragraph (3) 
of this definition.
    (3) Reconstructed engines are assigned a new date of manufacture if 
the fixed capital cost of the new and refurbished components exceeds 75 
percent of the fixed capital cost of a comparable entirely new facility. 
An engine that is produced from a previously used engine block does not 
retain the date of manufacture of the engine in which the engine block 
was previously used if the engine is produced using all new components 
except for the engine block. In these cases, the date of manufacture is 
the date of reconstruction or the date the new engine is produced.

                                * * * * *

    Freshly manufactured engine means an engine that has not been placed 
into service. An engine becomes freshly manufactured when it is 
originally produced.

                                * * * * *

    Installed means the engine is placed and secured at the location 
where it is intended to be operated.

                                * * * * *

    Liquefied petroleum gas means any liquefied hydrocarbon gas obtained 
as a by-product in petroleum refining or natural gas production.
    Model year means the calendar year in which an engine is 
manufactured (see ``date of manufacture''), except as follows:
    (1) Model year means the annual new model production period of the 
engine manufacturer in which an engine is manufactured (see ``date of 
manufacture''), if the annual new model production period is different 
than the calendar year and includes January 1 of the calendar year for 
which the model

[[Page 1083]]

year is named. It may not begin before January 2 of the previous 
calendar year and it must end by December 31 of the named calendar year.
    (2) For an engine that is converted to a stationary engine after 
being placed into service as a nonroad or other non-stationary engine, 
model year means the calendar year or new model production period in 
which the engine was manufactured (see ``date of manufacture'').

                                * * * * *

    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile ICE 
in that a stationary internal combustion engine is not a nonroad engine 
as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that 
definition), and is not used to propel a motor vehicle, aircraft, or a 
vehicle used solely for competition. Stationary ICE include 
reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines.
    Stationary internal combustion engine test cell/stand means an 
engine test cell/stand, as defined in 40 CFR part 63, subpart PPPPP, 
that tests stationary ICE.

                                * * * * *



  Sec. Table 1 to Subpart JJJJ of Part 60--NOX, CO, and VOC 
Emission Standards for Stationary Non-Emergency SI Engines [gteqt]100 HP 
(Except Gasoline and Rich Burn LPG), Stationary SI Landfill/Digester Gas 
       Engines, and Stationary Emergency Engines 25 HP



----------------------------------------------------------------------------------------------------------------
                                                                              Emission standards \a\
                                                                 -----------------------------------------------
                                   Maximum engine    Manufacture          g/HP-hr             ppmvd at 15% O2
      Engine type and fuel              power            date    -----------------------------------------------
                                                                                    VOC                     VOC
                                                                    NOX     CO      \d\     NOX     CO      \d\
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas     100<=HP<500.......     7/1/2008     2.0     4.0     1.0     160     540      86
 \b\ and Non-Emergency SI Lean                          1/1/2011     1.0     2.0     0.7      82     270      60
 Burn LPG \b\.
Non-Emergency SI Lean Burn       500=HP<     1/1/2008     2.0     4.0     1.0     160     540      86
 Natural Gas and LPG.             1,350.                7/1/2010     1.0     2.0     0.7      82     270      60
Non-Emergency SI Natural Gas     HP[gteqt]500......     7/1/2007     2.0     4.0     1.0     160     540      86
 and Non-Emergency SI Lean Burn  HP[gteqt]500......     7/1/2010     1.0     2.0     0.7      82     270      60
 LPG (except lean burn 500==HP<1,350).
Landfill/Digester Gas (except    HP<500............     7/1/2008     3.0     5.0     1.0     220     610      80
 lean burn 500[gteqt]HP<1,350).                         1/1/2011     2.0     5.0     1.0     150     610      80
                                 HP[gteqt]500......     7/1/2007     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
Landfill/Digester Gas Lean Burn  500[gteqt]HP<1,350     1/1/2008     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
 
Emergency......................  25HP<13     1/1/2009  \c\ 10     387     N/A     N/A     N/A     N/A
                                  0.                                 2.0     4.0     1.0     160     540      86
                                 HP[gteqt]130......                                                       ......
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
  in units of either g/HP-hr or ppmvd at 15 percent O2.
\b\ Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site
  rating of greater than or equal to 250 brake HP located at a major source that are meeting the requirements of
  40 CFR part 63, subpart ZZZZ, Table 2A do not have to comply with the CO emission standards of Table 1 of this
  subpart.
\c\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC.
\d\ For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of
  formaldehyde should not be included.


    Effective Date Note: At 76 FR 37975, June 28, 2011, table 1 to 
subpart JJJJ of part 60 is revised, effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:



  Sec. Table 1 to Subpart JJJJ of Part 60--NOX, CO, and VOC 
Emission Standards for Stationary Non-Emergency SI Engines [gteqt]100 HP 
(Except Gasoline and Rich Burn LPG), Stationary SI Landfill/Digester Gas 
       Engines, and Stationary Emergency Engines 25 HP

[[Page 1084]]



 Table 1 to Subpart JJJJ of Part 60--NOX, CO, and VOC Emission Standards for Stationary Non-Emergency SI Engines
    >=100 HP (Except Gasoline and Rich Burn LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary
                                            Emergency Engines >25 HP
----------------------------------------------------------------------------------------------------------------
                                                                               Emission standards a
                                                                 -----------------------------------------------
     Engine type  and fuel         Maximum  engine   Manufacture          g/HP-hr             ppmvd at 15% O2
                                        power            date    -----------------------------------------------
                                                                    NOX     CO     VOC d    NOX     CO     VOC d
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas     100<=HP<500.......     7/1/2008     2.0     4.0     1.0     160     540      86
 \b\ and Non-Emergency SI Lean
 Burn LPG \b\.
                                                        1/1/2011     1.0     2.0     0.7      82     270      60
Non-Emergency SI Lean Burn       500<=HP<1,350.....     1/1/2008     2.0     4.0     1.0     160     540      86
 Natural Gas and LPG.
                                                        7/1/2010     1.0     2.0     0.7      82     270      60
Non-Emergency SI Natural Gas     HP=500.     7/1/2007     2.0     4.0     1.0     160     540      86
 and Non-Emergency SI Lean Burn
 LPG (except lean burn
 500<=HP<1,350).
                                 HP=500.     7/1/2010     1.0     2.0     0.7      82     270      60
Landfill/Digester Gas (except    HP<500............     7/1/2008     3.0     5.0     1.0     220     610      80
 lean burn 500<=HP<1,350).
                                                        1/1/2011     2.0     5.0     1.0     150     610      80
                                 HP=500.     7/1/2007     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
Landfill/Digester Gas Lean Burn  500<=HP<1,350.....     1/1/2008     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
Emergency......................  25=130.  ...........     2.0     4.0     1.0     160     540      86
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
  in units of either g/HP-hr or ppmvd at 15 percent O2.
\b\ Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site
  rating of greater than or equal to 250 brake HP located at a major source that are meeting the requirements of
  40 CFR part 63, subpart ZZZZ, Table 2a do not have to comply with the CO emission standards of Table 1 of this
  subpart.
\c\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX + HC.
\d\ For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of
  formaldehyde should not be included.


[[Page 1085]]

 Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests

    [As stated in Sec. 60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the
                                                                highest achievable) load]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Complying with the                                                                      According to the following
           For each                    requirement to                    You must                        Using                      requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Stationary SI internal      a. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
 combustion engine              NOX in the stationary SI       location and the number of     part 60, appendix A or ASTM    device, the sampling site
 demonstrating compliance       internal combustion engine     traverse points;               Method D6522-00(2005) \a\.     must be located at the
 according to Sec. 60.4244.   exhaust.                                                                                     outlet of the control
                                                                                                                             device.
                               ii. Determine the O2           (2) Method 3, 3A, or 3B \b\    (b) Measurements to determine
                                concentration of the           of 40 CFR part 60, appendix    O2 concentration must be
                                stationary internal            A or ASTM Method D6522-        made at the same time as the
                                combustion engine exhaust at   00(2005) \a\.                  measurements for NOX
                                the sampling port location;                                   concentration.
                               iii. Determine the exhaust     (3) Method 2 or 19 of 40 CFR
                                flowrate of the stationary     part 60.
                                internal combustion engine
                                exhaust;
                               iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to determine
                                moisture content of the        60, appendix A, Method 320     moisture must be made at the
                                stationary internal            of 40 CFR part 63, appendix    same time as the measurement
                                combustion engine exhaust at   A, or ASTM D6348-03            for NOX concentration.
                                the sampling port location;    (incorporated by reference,
                                and                            see Sec. 60.17).
                               v. Measure NOX at the exhaust  (5) Method 7E of 40 CFR part   (d) Results of this test
                                of the stationary internal     60, appendix A, Method D6522-  consist of the average of
                                combustion engine.             00(2005) \a\, Method 320 of    the three 1-hour or longer
                                                               40 CFR part 63, appendix A,    runs.
                                                               or ASTM D6348-03
                                                               (incorporated by reference,
                                                               see Sec. 60.17).
                               b. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
                                CO in the stationary SI        location and the number of     part 60, appendix A.           device, the sampling site
                                internal combustion engine     traverse points;                                              must be located at the
                                exhaust.                                                                                     outlet of the control
                                                                                                                             device.
                               ii. Determine the O2           (2) Method 3, 3A, or 3Bb of    (b) Measurements to determine
                                concentration of the           40 CFR part 60, appendix A     O2 concentration must be
                                stationary internal            or ASTM Method D6522-          made at the same time as the
                                combustion engine exhaust at   00(2005) \a\.                  measurements for CO
                                the sampling port location;                                   concentration.
                               iii. Determine the exhaust     (3) Method 2 or 19 of 40 CFR
                                flowrate of the stationary     part 60.
                                internal combustion engine
                                exhaust;
                               iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to determine
                                moisture content of the        60, appendix A, Method 320     moisture must be made at the
                                stationary internal            of 40 CFR part 63, appendix    same time as the measurement
                                combustion engine exhaust at   A, or ASTM D6348-03            for CO concentration.
                                the sampling port location;    (incorporated by reference,
                                and                            see Sec. 60.17).
                               v. Measure CO at the exhaust   (5) Method 10 of 40 CFR part   (d) Results of this test
                                of the stationary internal     60, appendix A, ASTM Method    consist of the average of
                                combustion engine.             D6522-00(2005) \a\, Method     the three 1-hour or longer
                                                               320 of 40 CFR part 63,         runs.
                                                               appendix A, or ASTM D 6348-
                                                               03 (incorporated by
                                                               reference, see Sec.
                                                               60.17).

[[Page 1086]]

 
                               c. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
                                VOC in the stationary SI       location and the number of     part 60, appendix A.           device, the sampling site
                                internal combustion engine     traverse points;                                              must be located at the
                                exhaust.                                                                                     outlet of the control
                                                                                                                             device.
                               ii. Determine the O2           (2) Method 3, 3A, or 3B \b\    (b) Measurements to determine
                                concentration of the           of 40 CFR part 60, appendix    O2 concentration must be
                                stationary internal            A or ASTM Method D6522-        made at the same time as the
                                combustion engine exhaust at   00(2005) \a\.                  measurements for VOC
                                the sampling port location;                                   concentration.
                               iii. Determine the exhaust     (3) Method 2 or 19 of 40 CFR
                                flowrate of the stationary     part 60.
                                internal combustion engine
                                exhaust;
                               iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to determine
                                moisture content of the        60, appendix A, Method 320     moisture must be made at the
                                stationary internal            of 40 CFR part 63, appendix    same time as the measurement
                                combustion engine exhaust at   A, or ASTM D6348-03            for VOC concentration.
                                the sampling port location;    (incorporated by reference,
                                and                            see Sec. 60.17).
                               v. Measure VOC at the exhaust  (5) Methods 25A and 18 of 40   (d) Results of this test
                                of the stationary internal     CFR part 60, appendix A,       consist of the average of
                                combustion engine.             Method 25A with the use of a   the three 1-hour or longer
                                                               methane cutter as described    runs.
                                                               in 40 CFR 1065.265, Method
                                                               18 or 40 CFR part 60,
                                                               appendix A,c d Method 320 of
                                                               40 CFR part 63, appendix A,
                                                               or ASTM D6348-03
                                                               (incorporated by reference,
                                                               see Sec. 60.17).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ ASTM D6522-00 is incorporated by reference; see 40 CFR 60.17. Also, you may petition the Administrator for approval to use alternative methods for
  portable analyzer.
\b\ You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, for measuring the O2 content of the exhaust gas as an alternative to EPA Method 3B.
\c\ You may use EPA Method 18 of 40 CFR part 60, appendix A, provided that you conduct an adequate presurvey test prior to the emissions test, such as
  the one described in OTM 11 on EPA's Web site (http://www.epa.gov/ttn/emc/prelim/otm11.pdf ).
\d\ You may use ASTM D6420-99 (2004), Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography/Mass
  Spectrometry as an alternative to EPA Method 18 for measuring total nonmethane organic.


[[Page 1087]]


    Effective Date Note: At 76 FR 37975, June 28, 2011, table 2 to 
subpart JJJJ of part 60 is revised, effective Aug. 29, 2011. For the 
convenience of the user, the revised text is set forth as follows:



 Sec. Table 2 to Subpart JJJJ of Part 60--Requirements for Performance 
                                  Tests

[[Page 1088]]



                                         Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Complying with the                                                                      According to the following
           For each                    requirement to                    You must                        Using                      requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Stationary SI internal      a. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
 combustion engine              NOX in the stationary SI       location and the number of     part 60, Appendix A or ASTM    device, the sampling site
 demonstrating compliance       internal combustion engine     traverse points;               Method D6522-00(2005)\a\       must be located at the
 according to Sec. 60.4244    exhaust                                                                                      outlet of the control
                                                                                                                             device.
                                                              ii. Determine the O2           (2) Method 3, 3A, or 3B\b\ of  (b) Measurements to
                                                               concentration of the           40 CFR part 60, appendix A     determine O2 concentration
                                                               stationary internal            or ASTM Method D6522-          must be made at the same
                                                               combustion engine exhaust at   00(2005)\a\                    time as the measurements
                                                               the sampling port location;                                   for NOX concentration.
                                                              iii. If necessary, determine   (3) Method 2 or 19 of 40 CFR
                                                               the exhaust flowrate of the    part 60
                                                               stationary internal
                                                               combustion engine exhaust;
                                                              iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to
                                                               moisture content of the        60, appendix A, Method 320     determine moisture must be
                                                               stationary internal            of 40 CFR part 63, appendix    made at the same time as
                                                               combustion engine exhaust at   A, or ASTM D 6348-03           the measurement for NOX
                                                               the sampling port location;    (incorporated by reference,    concentration.
                                                               and                            see Sec. 60.17)
                                                              v. Measure NOX at the exhaust  (5) Method 7E of 40 CFR part   (d) Results of this test
                                                               of the stationary internal     60, appendix A, Method D6522-  consist of the average of
                                                               combustion engine              00(2005)\a\, Method 320 of     the three 1-hour or longer
                                                                                              40 CFR part 63, appendix A,    runs.
                                                                                              or ASTM D 6348-03
                                                                                              (incorporated by reference,
                                                                                              see Sec. 60.17)
                               b. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
                                CO in the stationary SI        location and the number of     part 60, Appendix A or ASTM    device, the sampling site
                                internal combustion engine     traverse points;               Method D6522-00(2005)\a\       must be located at the
                                exhaust                                                                                      outlet of the control
                                                                                                                             device.
                                                              ii. Determine the O2           (2) Method 3, 3A, or 3B\b\ of  (b) Measurements to
                                                               concentration of the           40 CFR part 60, appendix A     determine O2 concentration
                                                               stationary internal            or ASTM Method D6522-          must be made at the same
                                                               combustion engine exhaust at   00(2005)\a\                    time as the measurements
                                                               the sampling port location;                                   for CO concentration.
                                                              iii. If necessary, determine   (3) Method 2 or 19 of 40 CFR
                                                               the exhaust flowrate of the    part 60
                                                               stationary internal
                                                               combustion engine exhaust;
                                                              iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to
                                                               moisture content of the        60, appendix A, Method 320     determine moisture must be
                                                               stationary internal            of 40 CFR part 63, appendix    made at the same time as
                                                               combustion engine exhaust at   A, or ASTM D 6348-03           the measurement for CO
                                                               the sampling port location;    (incorporated by reference,    concentration.
                                                               and                            see Sec. 60.17)
                                                              v. Measure CO at the exhaust   (5) Method 10 of 40 CFR part   (d) Results of this test
                                                               of the stationary internal     60, appendix A, ASTM Method    consist of the average of
                                                               combustion engine              D6522-00(2005)\a\, Method      the three 1-hour or longer
                                                                                              320 of 40 CFR part 63,         runs.
                                                                                              appendix A, or ASTM D 6348-
                                                                                              03 (incorporated by
                                                                                              reference, see Sec. 60.17)

[[Page 1089]]

 
                               c. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
                                VOC in the stationary SI       location and the number of     part 60, Appendix A            device, the sampling site
                                internal combustion engine     traverse points;                                              must be located at the
                                exhaust                                                                                      outlet of the control
                                                                                                                             device.
                                                              ii. Determine the O2           (2) Method 3, 3A, or 3B\b\ of  (b) Measurements to
                                                               concentration of the           40 CFR part 60, appendix A     determine O2 concentration
                                                               stationary internal            or ASTM Method D6522-          must be made at the same
                                                               combustion engine exhaust at   00(2005)\a\                    time as the measurements
                                                               the sampling port location;                                   for VOC concentration.
                                                              iii. If necessary, determine   (3) Method 2 or 19 of 40 CFR
                                                               the exhaust flowrate of the    part 60
                                                               stationary internal
                                                               combustion engine exhaust;
                                                              iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to
                                                               moisture content of the        60, appendix A, Method 320     determine moisture must be
                                                               stationary internal            of 40 CFR part 63, appendix    made at the same time as
                                                               combustion engine exhaust at   A, or ASTM D 6348-03           the measurement for VOC
                                                               the sampling port location;    (incorporated by reference,    concentration.
                                                               and                            see Sec. 60.17)
                                                              v. Measure VOC at the exhaust  (5) Methods 25A and 18 of 40   (d) Results of this test
                                                               of the stationary internal     CFR part 60, appendix A,       consist of the average of
                                                               combustion engine              Method 25A with the use of a   the three 1-hour or longer
                                                                                              methane cutter as described    runs.
                                                                                              in 40 CFR 1065.265, Method
                                                                                              18 or 40 CFR part 60,
                                                                                              appendix A\c,d\, Method 320
                                                                                              of 40 CFR part 63, appendix
                                                                                              A, or ASTM D 6348-03
                                                                                              (incorporated by reference,
                                                                                              see Sec. 60.17)
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1090]]



   Sec. Table 3 to Subpart JJJJ of Part 60--Applicability of General 
                       Provisions to Subpart JJJJ

         [As stated in Sec. 60.4246, you must comply with the following applicable General Provisions]
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 60.1..........................  General applicability    Yes....................
                                        of the General
                                        Provisions.
Sec. 60.2..........................  Definitions............  Yes....................  Additional terms
                                                                                          defined in Sec.
                                                                                          60.4248.
Sec. 60.3..........................  Units and abbreviations  Yes....................
Sec. 60.4..........................  Address................  Yes....................
Sec. 60.5..........................  Determination of         Yes....................
                                        construction or
                                        modification.
Sec. 60.6..........................  Review of plans........  Yes....................
Sec. 60.7..........................  Notification and         Yes....................  Except that Sec. 60.7
                                        Recordkeeping.                                    only applies as
                                                                                          specified in Sec.
                                                                                          60.4245.
Sec. 60.8..........................  Performance tests......  Yes....................  Except that Sec. 60.8
                                                                                          only applies to owners
                                                                                          and operators who are
                                                                                          subject to performance
                                                                                          testing in subpart
                                                                                          JJJJ.
Sec. 60.9..........................  Availability of          Yes....................
                                        information.
Sec. 60.10.........................  State Authority........  Yes....................
Sec. 60.11.........................  Compliance with          Yes....................  Requirements are
                                        standards and                                     specified in subpart
                                        maintenance                                       JJJJ.
                                        requirements.
Sec. 60.12.........................  Circumvention..........  Yes....................
Sec. 60.13.........................  Monitoring requirements  No.....................
Sec. 60.14.........................  Modification...........  Yes....................
Sec. 60.15.........................  Reconstruction.........  Yes....................
Sec. 60.16.........................  Priority list..........  Yes....................
Sec. 60.17.........................  Incorporations by        Yes....................
                                        reference.
Sec. 60.18.........................  General control device   No.....................
                                        requirements.
Sec. 60.19.........................  General notification     Yes....................
                                        and reporting
                                        requirements.
----------------------------------------------------------------------------------------------------------------



Sec. Table 4 to Subpart JJJJ of Part 60--Applicability of Mobile Source 
      Provisions for Manufacturers Participating in the Voluntary 
   Certification Program and Certifying Stationary SI ICE to Emission 
                  Standards in Table 1 of Subpart JJJJ

 [As stated in Sec. 60.4247, you must comply with the following applicable mobile source provisions if you are
a manufacturer participating in the voluntary certification program and certifying stationary SI ICE to emission
                                      standards in Table 1 of subpart JJJJ]
----------------------------------------------------------------------------------------------------------------
  Mobile source provisions citation      Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
1048 subpart A.......................  Overview and             Yes....................
                                        Applicability.
1048 subpart B.......................  Emission Standards and   Yes....................  Except for the specific
                                        Related Requirements.                             sections below.
1048.101.............................  Exhaust Emission         No.....................
                                        Standards.
1048.105.............................  Evaporative Emission     No.....................
                                        Standards.
1048.110.............................  Diagnosing Malfunctions  No.....................
1048.140.............................  Certifying Blue Sky      No.....................
                                        Series Engines.
1048.145.............................  Interim Provisions.....  No.....................
1048 subpart C.......................  Certifying Engine        Yes....................  Except for the specific
                                        Families.                                         sections below.
1048.205(b)..........................  AECD reporting.........  Yes....................
1048.205(c)..........................  OBD Requirements.......  No.....................
1048.205(n)..........................  Deterioration Factors..  Yes....................  Except as indicated in
                                                                                          60.4247(c).
1048.205(p)(1).......................  Deterioration Factor     Yes....................
                                        Discussion.
1048.205(p)(2).......................  Liquid Fuels as they     No.....................
                                        require.
1048.240(b)(c)(d)....................  Deterioration Factors..  Yes....................
1048 subpart D.......................  Testing Production-Line  Yes....................
                                        Engines.
1048 subpart E.......................  Testing In-Use Engines.  No.....................
1048 subpart F.......................  Test Procedures........  Yes....................

[[Page 1091]]

 
1065.5(a)(4).........................  Raw sampling (refers     Yes....................
                                        reader back to the
                                        specific emissions
                                        regulation for
                                        guidance).
1048 subpart G.......................  Compliance Provisions..  Yes....................
1048 subpart H.......................  Reserved...............
1048 subpart I.......................  Definitions and Other    Yes....................
                                        Reference Information.
1048 appendix I and II...............  Yes....................
1065 (all subparts)..................  Engine Testing           Yes....................  Except for the specific
                                        Procedures.                                       section below.
1065.715.............................  Test Fuel                No.....................
                                        Specifications for
                                        Natural Gas.
1068 (all subparts)..................  General Compliance       Yes....................  Except for the specific
                                        Provisions for Nonroad                            sections below.
                                        Programs.
1068.245.............................  Hardship Provisions for  No.....................
                                        Unusual Circumstances.
1068.250.............................  Hardship Provisions for  No.....................
                                        Small-Volume
                                        Manufacturers.
1068.255.............................  Hardship Provisions for  No.....................
                                        Equipment
                                        Manufacturers and
                                        Secondary Engine
                                        Manufacturers.
----------------------------------------------------------------------------------------------------------------



Subpart KKKK_Standards of Performance for Stationary Combustion Turbines

    Source: 71 FR 38497, July 6, 2006, unless otherwise noted.

                              Introduction



Sec. 60.4300  What is the purpose of this subpart?

    This subpart establishes emission standards and compliance schedules 
for the control of emissions from stationary combustion turbines that 
commenced construction, modification or reconstruction after February 
18, 2005.

                              Applicability



Sec. 60.4305  Does this subpart apply to my stationary combustion turbine?

    (a) If you are the owner or operator of a stationary combustion 
turbine with a heat input at peak load equal to or greater than 10.7 
gigajoules (10 MMBtu) per hour, based on the higher heating value of the 
fuel, which commenced construction, modification, or reconstruction 
after February 18, 2005, your turbine is subject to this subpart. Only 
heat input to the combustion turbine should be included when determining 
whether or not this subpart is applicable to your turbine. Any 
additional heat input to associated heat recovery steam generators 
(HRSG) or duct burners should not be included when determining your peak 
heat input. However, this subpart does apply to emissions from any 
associated HRSG and duct burners.
    (b) Stationary combustion turbines regulated under this subpart are 
exempt from the requirements of subpart GG of this part. Heat recovery 
steam generators and duct burners regulated under this subpart are 
exempted from the requirements of subparts Da, Db, and Dc of this part.



Sec. 60.4310  What types of operations are exempt from these standards of performance?

    (a) Emergency combustion turbines, as defined in Sec. 60.4420(i), 
are exempt from the nitrogen oxides (NOX) emission limits in 
Sec. 60.4320.
    (b) Stationary combustion turbines engaged by manufacturers in 
research and development of equipment for both combustion turbine 
emission control techniques and combustion turbine efficiency 
improvements are exempt from the NOX emission limits in

[[Page 1092]]

Sec. 60.4320 on a case-by-case basis as determined by the 
Administrator.
    (c) Stationary combustion turbines at integrated gasification 
combined cycle electric utility steam generating units that are subject 
to subpart Da of this part are exempt from this subpart.
    (d) Combustion turbine test cells/stands are exempt from this 
subpart.

                             Emission Limits



Sec. 60.4315  What pollutants are regulated by this subpart?

    The pollutants regulated by this subpart are nitrogen oxide 
(NOX) and sulfur dioxide (SO2).



Sec. 60.4320  What emission limits must I meet for nitrogen oxides (NOX)?

    (a) You must meet the emission limits for NOX specified 
in Table 1 to this subpart.
    (b) If you have two or more turbines that are connected to a single 
generator, each turbine must meet the emission limits for 
NOX.



Sec. 60.4325  What emission limits must I meet for NOX if my turbine 
burns both natural gas and distillate oil 

(or some other combination of fuels)?

    You must meet the emission limits specified in Table 1 to this 
subpart. If your total heat input is greater than or equal to 50 percent 
natural gas, you must meet the corresponding limit for a natural gas-
fired turbine when you are burning that fuel. Similarly, when your total 
heat input is greater than 50 percent distillate oil and fuels other 
than natural gas, you must meet the corresponding limit for distillate 
oil and fuels other than natural gas for the duration of the time that 
you burn that particular fuel.



Sec. 60.4330  What emission limits must I meet for sulfur dioxide 
(SO[bdi2])?

    (a) If your turbine is located in a continental area, you must 
comply with either paragraph (a)(1), (a)(2), or (a)(3) of this section. 
If your turbine is located in Alaska, you do not have to comply with the 
requirements in paragraph (a) of this section until January 1, 2008.
    (1) You must not cause to be discharged into the atmosphere from the 
subject stationary combustion turbine any gases which contain 
SO2 in excess of 110 nanograms per Joule (ng/J) (0.90 pounds 
per megawatt-hour (lb/MWh)) gross output;
    (2) You must not burn in the subject stationary combustion turbine 
any fuel which contains total potential sulfur emissions in excess of 26 
ng SO2/J (0.060 lb SO2/MMBtu) heat input. If your 
turbine simultaneously fires multiple fuels, each fuel must meet this 
requirement; or
    (3) For each stationary combustion turbine burning at least 50 
percent biogas on a calendar month basis, as determined based on total 
heat input, you must not cause to be discharged into the atmosphere from 
the affected source any gases that contain SO2 in excess of 
65 ng SO2/J (0.15 lb SO2/MMBtu) heat input.
    (b) If your turbine is located in a noncontinental area or a 
continental area that the Administrator determines does not have access 
to natural gas and that the removal of sulfur compounds would cause more 
environmental harm than benefit, you must comply with one or the other 
of the following conditions:
    (1) You must not cause to be discharged into the atmosphere from the 
subject stationary combustion turbine any gases which contain 
SO2 in excess of 780 ng/J (6.2 lb/MWh) gross output, or
    (2) You must not burn in the subject stationary combustion turbine 
any fuel which contains total sulfur with potential sulfur emissions in 
excess of 180 ng SO2/J (0.42 lb SO2/MMBtu) heat 
input. If your turbine simultaneously fires multiple fuels, each fuel 
must meet this requirement.

[71 FR 38497, July 6, 2006, as amended at 74 FR 11861, Mar. 20, 2009]

                     General Compliance Requirements



Sec. 60.4333  What are my general requirements for complying with 
this subpart?

    (a) You must operate and maintain your stationary combustion 
turbine, air pollution control equipment, and monitoring equipment in a 
manner consistent with good air pollution control practices for 
minimizing emissions

[[Page 1093]]

at all times including during startup, shutdown, and malfunction.
    (b) When an affected unit with heat recovery utilizes a common steam 
header with one or more combustion turbines, the owner or operator shall 
either:
    (1) Determine compliance with the applicable NOX 
emissions limits by measuring the emissions combined with the emissions 
from the other unit(s) utilizing the common heat recovery unit; or
    (2) Develop, demonstrate, and provide information satisfactory to 
the Administrator on methods for apportioning the combined gross energy 
output from the heat recovery unit for each of the affected combustion 
turbines. The Administrator may approve such demonstrated substitute 
methods for apportioning the combined gross energy output measured at 
the steam turbine whenever the demonstration ensures accurate estimation 
of emissions related under this part.

                               Monitoring



Sec. 60.4335  How do I demonstrate compliance for NOX if I use water 
or steam injection?

    (a) If you are using water or steam injection to control 
NOX emissions, you must install, calibrate, maintain and 
operate a continuous monitoring system to monitor and record the fuel 
consumption and the ratio of water or steam to fuel being fired in the 
turbine when burning a fuel that requires water or steam injection for 
compliance.
    (b) Alternatively, you may use continuous emission monitoring, as 
follows:
    (1) Install, certify, maintain, and operate a continuous emission 
monitoring system (CEMS) consisting of a NOX monitor and a 
diluent gas (oxygen (O2) or carbon dioxide (CO2)) 
monitor, to determine the hourly NOX emission rate in parts 
per million (ppm) or pounds per million British thermal units (lb/
MMBtu); and
    (2) For units complying with the output-based standard, install, 
calibrate, maintain, and operate a fuel flow meter (or flow meters) to 
continuously measure the heat input to the affected unit; and
    (3) For units complying with the output-based standard, install, 
calibrate, maintain, and operate a watt meter (or meters) to 
continuously measure the gross electrical output of the unit in 
megawatt-hours; and
    (4) For combined heat and power units complying with the output-
based standard, install, calibrate, maintain, and operate meters for 
useful recovered energy flow rate, temperature, and pressure, to 
continuously measure the total thermal energy output in British thermal 
units per hour (Btu/h).



Sec. 60.4340  How do I demonstrate continuous compliance for NOX if 
I do not use water or steam injection?

    (a) If you are not using water or steam injection to control 
NOX emissions, you must perform annual performance tests in 
accordance with Sec. 60.4400 to demonstrate continuous compliance. If 
the NOX emission result from the performance test is less 
than or equal to 75 percent of the NOX emission limit for the 
turbine, you may reduce the frequency of subsequent performance tests to 
once every 2 years (no more than 26 calendar months following the 
previous performance test). If the results of any subsequent performance 
test exceed 75 percent of the NOX emission limit for the 
turbine, you must resume annual performance tests.
    (b) As an alternative, you may install, calibrate, maintain and 
operate one of the following continuous monitoring systems:
    (1) Continuous emission monitoring as described in Sec. Sec. 
60.4335(b) and 60.4345, or
    (2) Continuous parameter monitoring as follows:
    (i) For a diffusion flame turbine without add-on selective catalytic 
reduction (SCR) controls, you must define parameters indicative of the 
unit's NOX formation characteristics, and you must monitor 
these parameters continuously.
    (ii) For any lean premix stationary combustion turbine, you must 
continuously monitor the appropriate parameters to determine whether the 
unit is operating in low-NOX mode.

[[Page 1094]]

    (iii) For any turbine that uses SCR to reduce NOX 
emissions, you must continuously monitor appropriate parameters to 
verify the proper operation of the emission controls.
    (iv) For affected units that are also regulated under part 75 of 
this chapter, with state approval you can monitor the NOX 
emission rate using the methodology in appendix E to part 75 of this 
chapter, or the low mass emissions methodology in Sec. 75.19, the 
requirements of this paragraph (b) may be met by performing the 
parametric monitoring described in section 2.3 of part 75 appendix E or 
in Sec. 75.19(c)(1)(iv)(H).



Sec. 60.4345  What are the requirements for the continuous emission 
monitoring system equipment, if I choose to use this option?

    If the option to use a NOX CEMS is chosen:
    (a) Each NOX diluent CEMS must be installed and certified 
according to Performance Specification 2 (PS 2) in appendix B to this 
part, except the 7-day calibration drift is based on unit operating 
days, not calendar days. With state approval, Procedure 1 in appendix F 
to this part is not required. Alternatively, a NOX diluent 
CEMS that is installed and certified according to appendix A of part 75 
of this chapter is acceptable for use under this subpart. The relative 
accuracy test audit (RATA) of the CEMS shall be performed on a lb/MMBtu 
basis.
    (b) As specified in Sec. 60.13(e)(2), during each full unit 
operating hour, both the NOX monitor and the diluent monitor 
must complete a minimum of one cycle of operation (sampling, analyzing, 
and data recording) for each 15-minute quadrant of the hour, to validate 
the hour. For partial unit operating hours, at least one valid data 
point must be obtained with each monitor for each quadrant of the hour 
in which the unit operates. For unit operating hours in which required 
quality assurance and maintenance activities are performed on the CEMS, 
a minimum of two valid data points (one in each of two quadrants) are 
required for each monitor to validate the NOX emission rate 
for the hour.
    (c) Each fuel flowmeter shall be installed, calibrated, maintained, 
and operated according to the manufacturer's instructions. 
Alternatively, with state approval, fuel flowmeters that meet the 
installation, certification, and quality assurance requirements of 
appendix D to part 75 of this chapter are acceptable for use under this 
subpart.
    (d) Each watt meter, steam flow meter, and each pressure or 
temperature measurement device shall be installed, calibrated, 
maintained, and operated according to manufacturer's instructions.
    (e) The owner or operator shall develop and keep on-site a quality 
assurance (QA) plan for all of the continuous monitoring equipment 
described in paragraphs (a), (c), and (d) of this section. For the CEMS 
and fuel flow meters, the owner or operator may, with state approval, 
satisfy the requirements of this paragraph by implementing the QA 
program and plan described in section 1 of appendix B to part 75 of this 
chapter.



Sec. 60.4350  How do I use data from the continuous emission monitoring 
equipment to identify excess emissions?

    For purposes of identifying excess emissions:
    (a) All CEMS data must be reduced to hourly averages as specified in 
Sec. 60.13(h).
    (b) For each unit operating hour in which a valid hourly average, as 
described in Sec. 60.4345(b), is obtained for both NOX and 
diluent monitors, the data acquisition and handling system must 
calculate and record the hourly NOX emission rate in units of 
ppm or lb/MMBtu, using the appropriate equation from method 19 in 
appendix A of this part. For any hour in which the hourly average 
O2 concentration exceeds 19.0 percent O2 (or the 
hourly average CO2 concentration is less than 1.0 percent 
CO2), a diluent cap value of 19.0 percent O2 or 
1.0 percent CO2 (as applicable) may be used in the emission 
calculations.
    (c) Correction of measured NOX concentrations to 15 
percent O2 is not allowed.
    (d) If you have installed and certified a NOX diluent 
CEMS to meet the requirements of part 75 of this chapter, states can 
approve that only quality

[[Page 1095]]

assured data from the CEMS shall be used to identify excess emissions 
under this subpart. Periods where the missing data substitution 
procedures in subpart D of part 75 are applied are to be reported as 
monitor downtime in the excess emissions and monitoring performance 
report required under Sec. 60.7(c).
    (e) All required fuel flow rate, steam flow rate, temperature, 
pressure, and megawatt data must be reduced to hourly averages.
    (f) Calculate the hourly average NOX emission rates, in 
units of the emission standards under Sec. 60.4320, using either ppm 
for units complying with the concentration limit or the following 
equation for units complying with the output based standard:
    (1) For simple-cycle operation:
    [GRAPHIC] [TIFF OMITTED] TR06JY06.000
    
Where:

E = hourly NOX emission rate, in lb/MWh,
(NOX)h = hourly NOX emission rate, in 
lb/MMBtu,
(HI)h = hourly heat input rate to the unit, in MMBtu/h, 
measured using the fuel flowmeter(s), e.g., calculated using Equation D-
15a in appendix D to part 75 of this chapter, and
P = gross energy output of the combustion turbine in MW.

    (2) For combined-cycle and combined heat and power complying with 
the output-based standard, use Equation 1 of this subpart, except that 
the gross energy output is calculated as the sum of the total electrical 
and mechanical energy generated by the combustion turbine, the 
additional electrical or mechanical energy (if any) generated by the 
steam turbine following the heat recovery steam generator, and 100 
percent of the total useful thermal energy output that is not used to 
generate additional electricity or mechanical output, expressed in 
equivalent MW, as in the following equations:
[GRAPHIC] [TIFF OMITTED] TR06JY06.001

Where:

P = gross energy output of the stationary combustion turbine system in 
MW.
(Pe)t = electrical or mechanical energy output of the 
combustion turbine in MW,
(Pe)c = electrical or mechanical energy output (if any) of 
the steam turbine in MW, and
[GRAPHIC] [TIFF OMITTED] TR06JY06.002

Where:

Ps = useful thermal energy of the steam, measured relative to ISO 
conditions, not used to generate additional electric or mechanical 
output, in MW,
Q = measured steam flow rate in lb/h,
H = enthalpy of the steam at measured temperature and pressure relative 
to ISO conditions, in Btu/lb, and 3.413 x 106 = conversion 
from Btu/h to MW.


    Po = other useful heat recovery, measured relative to ISO 
conditions, not used for steam generation or performance enhancement of 
the combustion turbine.

    (3) For mechanical drive applications complying with the output-
based standard, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR06JY06.003

Where:

E = NOX emission rate in lb/MWh,
(NOX)m = NOX emission rate in lb/h,
BL = manufacturer's base load rating of turbine, in MW, and
AL = actual load as a percentage of the base load.

    (g) For simple cycle units without heat recovery, use the calculated 
hourly average emission rates from paragraph (f) of this section to 
assess excess emissions on a 4-hour rolling average basis, as described 
in Sec. 60.4380(b)(1).
    (h) For combined cycle and combined heat and power units with heat 
recovery, use the calculated hourly average emission rates from 
paragraph (f) of this section to assess excess emissions on a 30 unit 
operating day rolling average basis, as described in Sec. 
60.4380(b)(1).



Sec. 60.4355  How do I establish and document a proper parameter monitoring plan?

    (a) The steam or water to fuel ratio or other parameters that are 
continuously monitored as described in Sec. Sec. 60.4335 and 60.4340 
must be monitored during the performance test required under Sec. 60.8, 
to establish acceptable values and ranges. You may supplement

[[Page 1096]]

the performance test data with engineering analyses, design 
specifications, manufacturer's recommendations and other relevant 
information to define the acceptable parametric ranges more precisely. 
You must develop and keep on-site a parameter monitoring plan which 
explains the procedures used to document proper operation of the 
NOX emission controls. The plan must:
    (1) Include the indicators to be monitored and show there is a 
significant relationship to emissions and proper operation of the 
NOX emission controls,
    (2) Pick ranges (or designated conditions) of the indicators, or 
describe the process by which such range (or designated condition) will 
be established,
    (3) Explain the process you will use to make certain that you obtain 
data that are representative of the emissions or parameters being 
monitored (such as detector location, installation specification if 
applicable),
    (4) Describe quality assurance and control practices that are 
adequate to ensure the continuing validity of the data,
    (5) Describe the frequency of monitoring and the data collection 
procedures which you will use (e.g., you are using a computerized data 
acquisition over a number of discrete data points with the average (or 
maximum value) being used for purposes of determining whether an 
exceedance has occurred), and
    (6) Submit justification for the proposed elements of the 
monitoring. If a proposed performance specification differs from 
manufacturer recommendation, you must explain the reasons for the 
differences. You must submit the data supporting the justification, but 
you may refer to generally available sources of information used to 
support the justification. You may rely on engineering assessments and 
other data, provided you demonstrate factors which assure compliance or 
explain why performance testing is unnecessary to establish indicator 
ranges. When establishing indicator ranges, you may choose to simplify 
the process by treating the parameters as if they were correlated. Using 
this assumption, testing can be divided into two cases:
    (i) All indicators are significant only on one end of range (e.g., 
for a thermal incinerator controlling volatile organic compounds (VOC) 
it is only important to insure a minimum temperature, not a maximum). In 
this case, you may conduct your study so that each parameter is at the 
significant limit of its range while you conduct your emissions testing. 
If the emissions tests show that the source is in compliance at the 
significant limit of each parameter, then as long as each parameter is 
within its limit, you are presumed to be in compliance.
    (ii) Some or all indicators are significant on both ends of the 
range. In this case, you may conduct your study so that each parameter 
that is significant at both ends of its range assumes its extreme values 
in all possible combinations of the extreme values (either single or 
double) of all of the other parameters. For example, if there were only 
two parameters, A and B, and A had a range of values while B had only a 
minimum value, the combinations would be A high with B minimum and A low 
with B minimum. If both A and B had a range, the combinations would be A 
high and B high, A low and B low, A high and B low, A low and B high. 
For the case of four parameters all having a range, there are 16 
possible combinations.
    (b) For affected units that are also subject to part 75 of this 
chapter and that have state approval to use the low mass emissions 
methodology in Sec. 75.19 or the NOX emission measurement 
methodology in appendix E to part 75, you may meet the requirements of 
this paragraph by developing and keeping on-site (or at a central 
location for unmanned facilities) a QA plan, as described in Sec. 
75.19(e)(5) or in section 2.3 of appendix E to part 75 of this chapter 
and section 1.3.6 of appendix B to part 75 of this chapter.



Sec. 60.4360  How do I determine the total sulfur content of the 
turbine's combustion fuel?

    You must monitor the total sulfur content of the fuel being fired in 
the turbine, except as provided in Sec. 60.4365. The sulfur content of 
the fuel must be determined using total sulfur methods described in 
Sec. 60.4415. Alternatively, if

[[Page 1097]]

the total sulfur content of the gaseous fuel during the most recent 
performance test was less than half the applicable limit, ASTM D4084, 
D4810, D5504, or D6228, or Gas Processors Association Standard 2377 (all 
of which are incorporated by reference, see Sec. 60.17), which measure 
the major sulfur compounds, may be used.



Sec. 60.4365  How can I be exempted from monitoring the total sulfur 
content of the fuel?

    You may elect not to monitor the total sulfur content of the fuel 
combusted in the turbine, if the fuel is demonstrated not to exceed 
potential sulfur emissions of 26 ng SO2/J (0.060 lb 
SO2/MMBtu) heat input for units located in continental areas 
and 180 ng SO2/J (0.42 lb SO2/MMBtu) heat input 
for units located in noncontinental areas or a continental area that the 
Administrator determines does not have access to natural gas and that 
the removal of sulfur compounds would cause more environmental harm than 
benefit. You must use one of the following sources of information to 
make the required demonstration:
    (a) The fuel quality characteristics in a current, valid purchase 
contract, tariff sheet or transportation contract for the fuel, 
specifying that the maximum total sulfur content for oil use in 
continental areas is 0.05 weight percent (500 ppmw) or less and 0.4 
weight percent (4,000 ppmw) or less for noncontinental areas, the total 
sulfur content for natural gas use in continental areas is 20 grains of 
sulfur or less per 100 standard cubic feet and 140 grains of sulfur or 
less per 100 standard cubic feet for noncontinental areas, has potential 
sulfur emissions of less than less than 26 ng SO2/J (0.060 lb 
SO2/MMBtu) heat input for continental areas and has potential 
sulfur emissions of less than less than 180 ng SO2/J (0.42 lb 
SO2/MMBtu) heat input for noncontinental areas; or
    (b) Representative fuel sampling data which show that the sulfur 
content of the fuel does not exceed 26 ng SO2/J (0.060 lb 
SO2/MMBtu) heat input for continental areas or 180 ng 
SO2/J (0.42 lb SO2/MMBtu) heat input for 
noncontinental areas. At a minimum, the amount of fuel sampling data 
specified in section 2.3.1.4 or 2.3.2.4 of appendix D to part 75 of this 
chapter is required.



Sec. 60.4370  How often must I determine the sulfur content of the fuel?

    The frequency of determining the sulfur content of the fuel must be 
as follows:
    (a) Fuel oil. For fuel oil, use one of the total sulfur sampling 
options and the associated sampling frequency described in sections 
2.2.3, 2.2.4.1, 2.2.4.2, and 2.2.4.3 of appendix D to part 75 of this 
chapter (i.e., flow proportional sampling, daily sampling, sampling from 
the unit's storage tank after each addition of fuel to the tank, or 
sampling each delivery prior to combining it with fuel oil already in 
the intended storage tank).
    (b) Gaseous fuel. If you elect not to demonstrate sulfur content 
using options in Sec. 60.4365, and the fuel is supplied without 
intermediate bulk storage, the sulfur content value of the gaseous fuel 
must be determined and recorded once per unit operating day.
    (c) Custom schedules. Notwithstanding the requirements of paragraph 
(b) of this section, operators or fuel vendors may develop custom 
schedules for determination of the total sulfur content of gaseous 
fuels, based on the design and operation of the affected facility and 
the characteristics of the fuel supply. Except as provided in paragraphs 
(c)(1) and (c)(2) of this section, custom schedules shall be 
substantiated with data and shall be approved by the Administrator 
before they can be used to comply with the standard in Sec. 60.4330.
    (1) The two custom sulfur monitoring schedules set forth in 
paragraphs (c)(1)(i) through (iv) and in paragraph (c)(2) of this 
section are acceptable, without prior Administrative approval:
    (i) The owner or operator shall obtain daily total sulfur content 
measurements for 30 consecutive unit operating days, using the 
applicable methods specified in this subpart. Based on the results of 
the 30 daily samples, the required frequency for subsequent monitoring 
of the fuel's total sulfur content shall be as specified in paragraph 
(c)(1)(ii), (iii), or (iv) of this section, as applicable.
    (ii) If none of the 30 daily measurements of the fuel's total sulfur 
content

[[Page 1098]]

exceeds half the applicable standard, subsequent sulfur content 
monitoring may be performed at 12-month intervals. If any of the samples 
taken at 12-month intervals has a total sulfur content greater than half 
but less than the applicable limit, follow the procedures in paragraph 
(c)(1)(iii) of this section. If any measurement exceeds the applicable 
limit, follow the procedures in paragraph (c)(1)(iv) of this section.
    (iii) If at least one of the 30 daily measurements of the fuel's 
total sulfur content is greater than half but less than the applicable 
limit, but none exceeds the applicable limit, then:
    (A) Collect and analyze a sample every 30 days for 3 months. If any 
sulfur content measurement exceeds the applicable limit, follow the 
procedures in paragraph (c)(1)(iv) of this section. Otherwise, follow 
the procedures in paragraph (c)(1)(iii)(B) of this section.
    (B) Begin monitoring at 6-month intervals for 12 months. If any 
sulfur content measurement exceeds the applicable limit, follow the 
procedures in paragraph (c)(1)(iv) of this section. Otherwise, follow 
the procedures in paragraph (c)(1)(iii)(C) of this section.
    (C) Begin monitoring at 12-month intervals. If any sulfur content 
measurement exceeds the applicable limit, follow the procedures in 
paragraph (c)(1)(iv) of this section. Otherwise, continue to monitor at 
this frequency.
    (iv) If a sulfur content measurement exceeds the applicable limit, 
immediately begin daily monitoring according to paragraph (c)(1)(i) of 
this section. Daily monitoring shall continue until 30 consecutive daily 
samples, each having a sulfur content no greater than the applicable 
limit, are obtained. At that point, the applicable procedures of 
paragraph (c)(1)(ii) or (iii) of this section shall be followed.
    (2) The owner or operator may use the data collected from the 720-
hour sulfur sampling demonstration described in section 2.3.6 of 
appendix D to part 75 of this chapter to determine a custom sulfur 
sampling schedule, as follows:
    (i) If the maximum fuel sulfur content obtained from the 720 hourly 
samples does not exceed 20 grains/100 scf, no additional monitoring of 
the sulfur content of the gas is required, for the purposes of this 
subpart.
    (ii) If the maximum fuel sulfur content obtained from any of the 720 
hourly samples exceeds 20 grains/100 scf, but none of the sulfur content 
values (when converted to weight percent sulfur) exceeds half the 
applicable limit, then the minimum required sampling frequency shall be 
one sample at 12 month intervals.
    (iii) If any sample result exceeds half the applicable limit, but 
none exceeds the applicable limit, follow the provisions of paragraph 
(c)(1)(iii) of this section.
    (iv) If the sulfur content of any of the 720 hourly samples exceeds 
the applicable limit, follow the provisions of paragraph (c)(1)(iv) of 
this section.

                                Reporting



Sec. 60.4375  What reports must I submit?

    (a) For each affected unit required to continuously monitor 
parameters or emissions, or to periodically determine the fuel sulfur 
content under this subpart, you must submit reports of excess emissions 
and monitor downtime, in accordance with Sec. 60.7(c). Excess emissions 
must be reported for all periods of unit operation, including start-up, 
shutdown, and malfunction.
    (b) For each affected unit that performs annual performance tests in 
accordance with Sec. 60.4340(a), you must submit a written report of 
the results of each performance test before the close of business on the 
60th day following the completion of the performance test.



Sec. 60.4380  How are excess emissions and monitor downtime defined for NOX?

    For the purpose of reports required under Sec. 60.7(c), periods of 
excess emissions and monitor downtime that must be reported are defined 
as follows:
    (a) For turbines using water or steam to fuel ratio monitoring:
    (1) An excess emission is any unit operating hour for which the 4-
hour rolling average steam or water to fuel ratio, as measured by the 
continuous monitoring system, falls below the acceptable steam or water 
to fuel ratio needed to demonstrate compliance

[[Page 1099]]

with Sec. 60.4320, as established during the performance test required 
in Sec. 60.8. Any unit operating hour in which no water or steam is 
injected into the turbine when a fuel is being burned that requires 
water or steam injection for NOX control will also be 
considered an excess emission.
    (2) A period of monitor downtime is any unit operating hour in which 
water or steam is injected into the turbine, but the essential 
parametric data needed to determine the steam or water to fuel ratio are 
unavailable or invalid.
    (3) Each report must include the average steam or water to fuel 
ratio, average fuel consumption, and the combustion turbine load during 
each excess emission.
    (b) For turbines using continuous emission monitoring, as described 
in Sec. Sec. 60.4335(b) and 60.4345:
    (1) An excess emissions is any unit operating period in which the 4-
hour or 30-day rolling average NOX emission rate exceeds the 
applicable emission limit in Sec. 60.4320. For the purposes of this 
subpart, a ``4-hour rolling average NOX emission rate'' is 
the arithmetic average of the average NOX emission rate in 
ppm or ng/J (lb/MWh) measured by the continuous emission monitoring 
equipment for a given hour and the three unit operating hour average 
NOX emission rates immediately preceding that unit operating 
hour. Calculate the rolling average if a valid NOX emission 
rate is obtained for at least 3 of the 4 hours. For the purposes of this 
subpart, a ``30-day rolling average NOX emission rate'' is 
the arithmetic average of all hourly NOX emission data in ppm 
or ng/J (lb/MWh) measured by the continuous emission monitoring 
equipment for a given day and the twenty-nine unit operating days 
immediately preceding that unit operating day. A new 30-day average is 
calculated each unit operating day as the average of all hourly 
NOX emissions rates for the preceding 30 unit operating days 
if a valid NOX emission rate is obtained for at least 75 
percent of all operating hours.
    (2) A period of monitor downtime is any unit operating hour in which 
the data for any of the following parameters are either missing or 
invalid: NOX concentration, CO2 or O2 
concentration, fuel flow rate, steam flow rate, steam temperature, steam 
pressure, or megawatts. The steam flow rate, steam temperature, and 
steam pressure are only required if you will use this information for 
compliance purposes.
    (3) For operating periods during which multiple emissions standards 
apply, the applicable standard is the average of the applicable 
standards during each hour. For hours with multiple emissions standards, 
the applicable limit for that hour is determined based on the condition 
that corresponded to the highest emissions standard.
    (c) For turbines required to monitor combustion parameters or 
parameters that document proper operation of the NOX emission 
controls:
    (1) An excess emission is a 4-hour rolling unit operating hour 
average in which any monitored parameter does not achieve the target 
value or is outside the acceptable range defined in the parameter 
monitoring plan for the unit.
    (2) A period of monitor downtime is a unit operating hour in which 
any of the required parametric data are either not recorded or are 
invalid.



Sec. 60.4385  How are excess emissions and monitoring downtime defined
for SO[bdi2]?

    If you choose the option to monitor the sulfur content of the fuel, 
excess emissions and monitoring downtime are defined as follows:
    (a) For samples of gaseous fuel and for oil samples obtained using 
daily sampling, flow proportional sampling, or sampling from the unit's 
storage tank, an excess emission occurs each unit operating hour 
included in the period beginning on the date and hour of any sample for 
which the sulfur content of the fuel being fired in the combustion 
turbine exceeds the applicable limit and ending on the date and hour 
that a subsequent sample is taken that demonstrates compliance with the 
sulfur limit.
    (b) If the option to sample each delivery of fuel oil has been 
selected, you must immediately switch to one of the other oil sampling 
options (i.e., daily sampling, flow proportional sampling, or sampling 
from the unit's storage tank) if the sulfur content of a delivery

[[Page 1100]]

exceeds 0.05 weight percent. You must continue to use one of the other 
sampling options until all of the oil from the delivery has been 
combusted, and you must evaluate excess emissions according to paragraph 
(a) of this section. When all of the fuel from the delivery has been 
burned, you may resume using the as-delivered sampling option.
    (c) A period of monitor downtime begins when a required sample is 
not taken by its due date. A period of monitor downtime also begins on 
the date and hour of a required sample, if invalid results are obtained. 
The period of monitor downtime ends on the date and hour of the next 
valid sample.



Sec. 60.4390  What are my reporting requirements if I operate an 
emergency combustion turbine or a research and development turbine?

    (a) If you operate an emergency combustion turbine, you are exempt 
from the NOX limit and must submit an initial report to the 
Administrator stating your case.
    (b) Combustion turbines engaged by manufacturers in research and 
development of equipment for both combustion turbine emission control 
techniques and combustion turbine efficiency improvements may be 
exempted from the NOX limit on a case-by-case basis as 
determined by the Administrator. You must petition for the exemption.



Sec. 60.4395  When must I submit my reports?

    All reports required under Sec. 60.7(c) must be postmarked by the 
30th day following the end of each 6-month period.

                            Performance Tests



Sec. 60.4400  How do I conduct the initial and subsequent performance
tests, regarding NOX?

    (a) You must conduct an initial performance test, as required in 
Sec. 60.8. Subsequent NOX performance tests shall be 
conducted on an annual basis (no more than 14 calendar months following 
the previous performance test).
    (1) There are two general methodologies that you may use to conduct 
the performance tests. For each test run:
    (i) Measure the NOX concentration (in parts per million 
(ppm)), using EPA Method 7E or EPA Method 20 in appendix A of this part. 
For units complying with the output based standard, concurrently measure 
the stack gas flow rate, using EPA Methods 1 and 2 in appendix A of this 
part, and measure and record the electrical and thermal output from the 
unit. Then, use the following equation to calculate the NOX 
emission rate:
[GRAPHIC] [TIFF OMITTED] TR06JY06.004

Where:

E = NOX emission rate, in lb/MWh
1.194 x 10-7 = conversion constant, in lb/dscf-ppm
(NOX)c = average NOX concentration for 
the run, in ppm
Qstd = stack gas volumetric flow rate, in dscf/hr
P = gross electrical and mechanical energy output of the combustion 
turbine, in MW (for simple-cycle operation), for combined-cycle 
operation, the sum of all electrical and mechanical output from the 
combustion and steam turbines, or, for combined heat and power 
operation, the sum of all electrical and mechanical output from the 
combustion and steam turbines plus all useful recovered thermal output 
not used for additional electric or mechanical generation, in MW, 
calculated according to Sec. 60.4350(f)(2); or

    (ii) Measure the NOX and diluent gas concentrations, 
using either EPA Methods 7E and 3A, or EPA Method 20 in appendix A of 
this part. Concurrently measure the heat input to the unit, using a fuel 
flowmeter (or flowmeters), and measure the electrical and thermal output 
of the unit. Use EPA Method 19 in appendix A of this part to calculate 
the NOX emission rate in lb/MMBtu. Then, use Equations 1

[[Page 1101]]

and, if necessary, 2 and 3 in Sec. 60.4350(f) to calculate the 
NOX emission rate in lb/MWh.
    (2) Sampling traverse points for NOX and (if applicable) 
diluent gas are to be selected following EPA Method 20 or EPA Method 1 
(non-particulate procedures), and sampled for equal time intervals. The 
sampling must be performed with a traversing single-hole probe, or, if 
feasible, with a stationary multi-hole probe that samples each of the 
points sequentially. Alternatively, a multi-hole probe designed and 
documented to sample equal volumes from each hole may be used to sample 
simultaneously at the required points.
    (3) Notwithstanding paragraph (a)(2) of this section, you may test 
at fewer points than are specified in EPA Method 1 or EPA Method 20 in 
appendix A of this part if the following conditions are met:
    (i) You may perform a stratification test for NOX and 
diluent pursuant to
    (A) [Reserved], or
    (B) The procedures specified in section 6.5.6.1(a) through (e) of 
appendix A of part 75 of this chapter.
    (ii) Once the stratification sampling is completed, you may use the 
following alternative sample point selection criteria for the 
performance test:
    (A) If each of the individual traverse point NOX 
concentrations is within 10 percent of the mean 
concentration for all traverse points, or the individual traverse point 
diluent concentrations differs by no more than 5ppm or 0.5 percent CO2 
(or O2) from the mean for all traverse points, then you may 
use three points (located either 16.7, 50.0 and 83.3 percent of the way 
across the stack or duct, or, for circular stacks or ducts greater than 
2.4 meters (7.8 feet) in diameter, at 0.4, 1.2, and 2.0 meters from the 
wall). The three points must be located along the measurement line that 
exhibited the highest average NOX concentration during the 
stratification test; or
    (B) For turbines with a NOX standard greater than 15 ppm 
@ 15% O2, you may sample at a single point, located at least 
1 meter from the stack wall or at the stack centroid if each of the 
individual traverse point NOX concentrations is within 5 percent of the mean concentration for all traverse 
points, or the individual traverse point diluent concentrations differs 
by no more than 3ppm or 0.3 
percent CO2 (or O2) from the mean for all traverse 
points; or
    (C) For turbines with a NOX standard less than or equal 
to 15 ppm @ 15% O2, you may sample at a single point, located 
at least 1 meter from the stack wall or at the stack centroid if each of 
the individual traverse point NOX concentrations is within 
2.5 percent of the mean concentration for all 
traverse points, or the individual traverse point diluent concentrations 
differs by no more than 1ppm or 0.15 percent CO2 (or O2) from the 
mean for all traverse points.
    (b) The performance test must be done at any load condition within 
plus or minus 25 percent of 100 percent of peak load. You may perform 
testing at the highest achievable load point, if at least 75 percent of 
peak load cannot be achieved in practice. You must conduct three 
separate test runs for each performance test. The minimum time per run 
is 20 minutes.
    (1) If the stationary combustion turbine combusts both oil and gas 
as primary or backup fuels, separate performance testing is required for 
each fuel.
    (2) For a combined cycle and CHP turbine systems with supplemental 
heat (duct burner), you must measure the total NOX emissions 
after the duct burner rather than directly after the turbine. The duct 
burner must be in operation during the performance test.
    (3) If water or steam injection is used to control NOX 
with no additional post-combustion NOX control and you choose 
to monitor the steam or water to fuel ratio in accordance with Sec. 
60.4335, then that monitoring system must be operated concurrently with 
each EPA Method 20 or EPA Method 7E run and must be used to determine 
the fuel consumption and the steam or water to fuel ratio necessary to 
comply with the applicable Sec. 60.4320 NOX emission limit.
    (4) Compliance with the applicable emission limit in Sec. 60.4320 
must be demonstrated at each tested load level. Compliance is achieved 
if the three-run arithmetic average NOX emission rate at each 
tested level meets the applicable emission limit in Sec. 60.4320.

[[Page 1102]]

    (5) If you elect to install a CEMS, the performance evaluation of 
the CEMS may either be conducted separately or (as described in Sec. 
60.4405) as part of the initial performance test of the affected unit.
    (6) The ambient temperature must be greater than 0 [deg]F during the 
performance test.



Sec. 60.4405  How do I perform the initial performance test if I have
chosen to install a NOX-diluent CEMS?

    If you elect to install and certify a NOX-diluent CEMS 
under Sec. 60.4345, then the initial performance test required under 
Sec. 60.8 may be performed in the following alternative manner:
    (a) Perform a minimum of nine RATA reference method runs, with a 
minimum time per run of 21 minutes, at a single load level, within plus 
or minus 25 percent of 100 percent of peak load. The ambient temperature 
must be greater than 0 [deg]F during the RATA runs.
    (b) For each RATA run, concurrently measure the heat input to the 
unit using a fuel flow meter (or flow meters) and measure the electrical 
and thermal output from the unit.
    (c) Use the test data both to demonstrate compliance with the 
applicable NOX emission limit under Sec. 60.4320 and to 
provide the required reference method data for the RATA of the CEMS 
described under Sec. 60.4335.
    (d) Compliance with the applicable emission limit in Sec. 60.4320 
is achieved if the arithmetic average of all of the NOX 
emission rates for the RATA runs, expressed in units of ppm or lb/MWh, 
does not exceed the emission limit.



Sec. 60.4410  How do I establish a valid parameter range if I have 
chosen to continuously monitor parameters?

    If you have chosen to monitor combustion parameters or parameters 
indicative of proper operation of NOX emission controls in 
accordance with Sec. 60.4340, the appropriate parameters must be 
continuously monitored and recorded during each run of the initial 
performance test, to establish acceptable operating ranges, for purposes 
of the parameter monitoring plan for the affected unit, as specified in 
Sec. 60.4355.



Sec. 60.4415  How do I conduct the initial and subsequent performance 
tests for sulfur?

    (a) You must conduct an initial performance test, as required in 
Sec. 60.8. Subsequent SO2 performance tests shall be 
conducted on an annual basis (no more than 14 calendar months following 
the previous performance test). There are three methodologies that you 
may use to conduct the performance tests.
    (1) If you choose to periodically determine the sulfur content of 
the fuel combusted in the turbine, a representative fuel sample would be 
collected following ASTM D5287 (incorporated by reference, see Sec. 
60.17) for natural gas or ASTM D4177 (incorporated by reference, see 
Sec. 60.17) for oil. Alternatively, for oil, you may follow the 
procedures for manual pipeline sampling in section 14 of ASTM D4057 
(incorporated by reference, see Sec. 60.17). The fuel analyses of this 
section may be performed either by you, a service contractor retained by 
you, the fuel vendor, or any other qualified agency. Analyze the samples 
for the total sulfur content of the fuel using:
    (i) For liquid fuels, ASTM D129, or alternatively D1266, D1552, 
D2622, D4294, or D5453 (all of which are incorporated by reference, see 
Sec. 60.17); or
    (ii) For gaseous fuels, ASTM D1072, or alternatively D3246, D4084, 
D4468, D4810, D6228, D6667, or Gas Processors Association Standard 2377 
(all of which are incorporated by reference, see Sec. 60.17).
    (2) Measure the SO2 concentration (in parts per million 
(ppm)), using EPA Methods 6, 6C, 8, or 20 in appendix A of this part. In 
addition, the American Society of Mechanical Engineers (ASME) standard, 
ASME PTC 19-10-1981-Part 10, ``Flue and Exhaust Gas Analyses,'' manual 
methods for sulfur dioxide (incorporated by reference, see Sec. 60.17) 
can be used instead of EPA Methods 6 or 20. For units complying with the 
output based standard, concurrently measure the stack gas flow rate, 
using EPA Methods 1 and 2 in appendix A of this part, and measure and 
record the electrical and thermal output from the unit. Then use the 
following equation to calculate the SO2 emission rate:

[[Page 1103]]

[GRAPHIC] [TIFF OMITTED] TR06JY06.005

Where:

E = SO2 emission rate, in lb/MWh
1.664 x 10-7 = conversion constant, in lb/dscf-ppm
(SO2)c = average SO2 concentration for 
the run, in ppm
Qstd = stack gas volumetric flow rate, in dscf/hr
P = gross electrical and mechanical energy output of the combustion 
turbine, in MW (for simple-cycle operation), for combined-cycle 
operation, the sum of all electrical and mechanical output from the 
combustion and steam turbines, or, for combined heat and power 
operation, the sum of all electrical and mechanical output from the 
combustion and steam turbines plus all useful recovered thermal output 
not used for additional electric or mechanical generation, in MW, 
calculated according to Sec. 60.4350(f)(2); or

    (3) Measure the SO2 and diluent gas concentrations, using 
either EPA Methods 6, 6C, or 8 and 3A, or 20 in appendix A of this part. 
In addition, you may use the manual methods for sulfur dioxide ASME PTC 
19-10-1981-Part 10 (incorporated by reference, see Sec. 60.17). 
Concurrently measure the heat input to the unit, using a fuel flowmeter 
(or flowmeters), and measure the electrical and thermal output of the 
unit. Use EPA Method 19 in appendix A of this part to calculate the 
SO2 emission rate in lb/MMBtu. Then, use Equations 1 and, if 
necessary, 2 and 3 in Sec. 60.4350(f) to calculate the SO2 
emission rate in lb/MWh.
    (b) [Reserved]

                               Definitions



Sec. 60.4420  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein will have the 
meaning given them in the Clean Air Act and in subpart A (General 
Provisions) of this part.
    Biogas means gas produced by the anaerobic digestion or fermentation 
of organic matter including manure, sewage sludge, municipal solid 
waste, biodegradable waste, or any other biodegradable feedstock, under 
anaerobic conditions. Biogas is comprised primarily of methane and 
CO2.
    Combined cycle combustion turbine means any stationary combustion 
turbine which recovers heat from the combustion turbine exhaust gases to 
generate steam that is only used to create additional power output in a 
steam turbine.
    Combined heat and power combustion turbine means any stationary 
combustion turbine which recovers heat from the exhaust gases to heat 
water or another medium, generate steam for useful purposes other than 
additional electric generation, or directly uses the heat in the exhaust 
gases for a useful purpose.
    Combustion turbine model means a group of combustion turbines having 
the same nominal air flow, combustor inlet pressure, combustor inlet 
temperature, firing temperature, turbine inlet temperature and turbine 
inlet pressure.
    Combustion turbine test cell/stand means any apparatus used for 
testing uninstalled stationary or uninstalled mobile (motive) combustion 
turbines.
    Diffusion flame stationary combustion turbine means any stationary 
combustion turbine where fuel and air are injected at the combustor and 
are mixed only by diffusion prior to ignition.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary combustion 
turbine, internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a heat recovery steam generating unit.
    Efficiency means the combustion turbine manufacturer's rated heat 
rate at peak load in terms of heat input per unit of power output--based 
on the higher heating value of the fuel.
    Emergency combustion turbine means any stationary combustion turbine 
which operates in an emergency situation. Examples include stationary 
combustion turbines used to produce power

[[Page 1104]]

for critical networks or equipment, including power supplied to portions 
of a facility, when electric power from the local utility is 
interrupted, or stationary combustion turbines used to pump water in the 
case of fire or flood, etc. Emergency stationary combustion turbines do 
not include stationary combustion turbines used as peaking units at 
electric utilities or stationary combustion turbines at industrial 
facilities that typically operate at low capacity factors. Emergency 
combustion turbines may be operated for the purpose of maintenance 
checks and readiness testing, provided that the tests are required by 
the manufacturer, the vendor, or the insurance company associated with 
the turbine. Required testing of such units should be minimized, but 
there is no time limit on the use of emergency combustion turbines.
    Excess emissions means a specified averaging period over which 
either (1) the NOX emissions are higher than the applicable 
emission limit in Sec. 60.4320; (2) the total sulfur content of the 
fuel being combusted in the affected facility exceeds the limit 
specified in Sec. 60.4330; or (3) the recorded value of a particular 
monitored parameter is outside the acceptable range specified in the 
parameter monitoring plan for the affected unit.
    Gross useful output means the gross useful work performed by the 
stationary combustion turbine system. For units using the mechanical 
energy directly or generating only electricity, the gross useful work 
performed is the gross electrical or mechanical output from the turbine/
generator set. For combined heat and power units, the gross useful work 
performed is the gross electrical or mechanical output plus the useful 
thermal output (i.e., thermal energy delivered to a process).
    Heat recovery steam generating unit means a unit where the hot 
exhaust gases from the combustion turbine are routed in order to extract 
heat from the gases and generate steam, for use in a steam turbine or 
other device that utilizes steam. Heat recovery steam generating units 
can be used with or without duct burners.
    Integrated gasification combined cycle electric utility steam 
generating unit means a coal-fired electric utility steam generating 
unit that burns a synthetic gas derived from coal in a combined-cycle 
gas turbine. No solid coal is directly burned in the unit during 
operation.
    ISO conditions means 288 Kelvin, 60 percent relative humidity and 
101.3 kilopascals pressure.
    Lean premix stationary combustion turbine means any stationary 
combustion turbine where the air and fuel are thoroughly mixed to form a 
lean mixture before delivery to the combustor. Mixing may occur before 
or in the combustion chamber. A lean premixed turbine may operate in 
diffusion flame mode during operating conditions such as startup and 
shutdown, extreme ambient temperature, or low or transient load.
    Natural gas means a naturally occurring fluid mixture of 
hydrocarbons (e.g., methane, ethane, or propane) produced in geological 
formations beneath the Earth's surface that maintains a gaseous state at 
standard atmospheric temperature and pressure under ordinary conditions. 
Additionally, natural gas must either be composed of at least 70 percent 
methane by volume or have a gross calorific value between 950 and 1,100 
British thermal units (Btu) per standard cubic foot. Natural gas does 
not include the following gaseous fuels: landfill gas, digester gas, 
refinery gas, sour gas, blast furnace gas, coal-derived gas, producer 
gas, coke oven gas, or any gaseous fuel produced in a process which 
might result in highly variable sulfur content or heating value.
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, or offshore platforms.
    Peak load means 100 percent of the manufacturer's design capacity of 
the combustion turbine at ISO conditions.
    Regenerative cycle combustion turbine means any stationary 
combustion turbine which recovers heat from the combustion turbine 
exhaust gases to preheat the inlet combustion air to the combustion 
turbine.
    Simple cycle combustion turbine means any stationary combustion 
turbine which does not recover heat from the combustion turbine exhaust 
gases to preheat the inlet combustion air to the

[[Page 1105]]

combustion turbine, or which does not recover heat from the combustion 
turbine exhaust gases for purposes other than enhancing the performance 
of the combustion turbine itself.
    Stationary combustion turbine means all equipment, including but not 
limited to the turbine, the fuel, air, lubrication and exhaust gas 
systems, control systems (except emissions control equipment), heat 
recovery system, and any ancillary components and sub-components 
comprising any simple cycle stationary combustion turbine, any 
regenerative/recuperative cycle stationary combustion turbine, any 
combined cycle combustion turbine, and any combined heat and power 
combustion turbine based system. Stationary means that the combustion 
turbine is not self propelled or intended to be propelled while 
performing its function. It may, however, be mounted on a vehicle for 
portability.
    Unit operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time in 
the unit. It is not necessary for fuel to be combusted continuously for 
the entire 24-hour period.
    Unit operating hour means a clock hour during which any fuel is 
combusted in the affected unit. If the unit combusts fuel for the entire 
clock hour, it is considered to be a full unit operating hour. If the 
unit combusts fuel for only part of the clock hour, it is considered to 
be a partial unit operating hour.
    Useful thermal output means the thermal energy made available for 
use in any industrial or commercial process, or used in any heating or 
cooling application, i.e., total thermal energy made available for 
processes and applications other than electrical or mechanical 
generation. Thermal output for this subpart means the energy in 
recovered thermal output measured against the energy in the thermal 
output at 15 degrees Celsius and 101.325 kilopascals of pressure.

[71 FR 38497, July 6, 2006, as amended at 74 FR 11861, Mar. 20, 2009]



Sec. Table 1 to Subpart KKKK of Part 60--Nitrogen Oxide Emission Limits 
                 for New Stationary Combustion Turbines

------------------------------------------------------------------------
                                  Combustion turbine
     Combustion turbine type      heat input at peak     NOX emission
                                      load  (HHV)          standard
------------------------------------------------------------------------
New turbine firing natural gas,   <= 50 MMBtu/h.....  42 ppm at 15
 electric generating.                                  percent O2 or 290
                                                       ng/J of useful
                                                       output (2.3 lb/
                                                       MWh).
New turbine firing natural gas,   <= 50 MMBtu/h.....  100 ppm at 15
 mechanical drive.                                     percent O2 or 690
                                                       ng/J of useful
                                                       output (5.5 lb/
                                                       MWh).
New turbine firing natural gas..   50      25 ppm at 15
                                   MMBtu/h and <=      percent O2 or 150
                                   850 MMBtu/h.        ng/J of useful
                                                       output (1.2 lb/
                                                       MWh).
New, modified, or reconstructed    850     15 ppm at 15
 turbine firing natural gas.       MMBtu/h.            percent O2 or 54
                                                       ng/J of useful
                                                       output (0.43 lb/
                                                       MWh)
New turbine firing fuels other    <= 50 MMBtu/h.....  96 ppm at 15
 than natural gas, electric                            percent O2 or 700
 generating.                                           ng/J of useful
                                                       output (5.5 lb/
                                                       MWh).
New turbine firing fuels other    <= 50 MMBtu/h.....  150 ppm at 15
 than natural gas, mechanical                          percent O2 or
 drive.                                                1,100 ng/J of
                                                       useful output
                                                       (8.7 lb/MWh).
New turbine firing fuels other     50      74 ppm at 15
 than natural gas.                 MMBtu/h and <=      percent O2 or 460
                                   850 MMBtu/h.        ng/J of useful
                                                       output (3.6 lb/
                                                       MWh).
New, modified, or reconstructed    850     42 ppm at 15
 turbine firing fuels other than   MMBtu/h.            percent O2 or 160
 natural gas.                                          ng/J of useful
                                                       output (1.3 lb/
                                                       MWh).
Modified or reconstructed         <= 50 MMBtu/h.....  150 ppm at 15
 turbine.                                              percent O2 or
                                                       1,100 ng/J of
                                                       useful output
                                                       (8.7 lb/MWh).
Modified or reconstructed          50      42 ppm at 15
 turbine firing natural gas.       MMBtu/h and <=      percent O2 or 250
                                   850 MMBtu/h.        ng/J of useful
                                                       output (2.0 lb/
                                                       MWh).
Modified or reconstructed          50      96 ppm at 15
 turbine firing fuels other than   MMBtu/h and <=      percent O2 or 590
 natural gas.                      850 MMBtu/h.        ng/J of useful
                                                       output (4.7 lb/
                                                       MWh).
Turbines located north of the     <= 30 MW output...  150 ppm at 15
 Arctic Circle (latitude 66.5                          percent O2 or
 degrees north), turbines                              1,100 ng/J of
 operating at less than 75                             useful output
 percent of peak load, modified                        (8.7 lb/MWh).
 and reconstructed offshore
 turbines, and turbine operating
 at temperatures less than 0
 [deg]F.

[[Page 1106]]

 
Turbines located north of the      30 MW   96 ppm at 15
 Arctic Circle (latitude 66.5      output.             percent O2 or 590
 degrees north), turbines                              ng/J of useful
 operating at less than 75                             output (4.7 lb/
 percent of peak load, modified                        MWh).
 and reconstructed offshore
 turbines, and turbine operating
 at temperatures less than 0
 [deg]F.
Heat recovery units operating     All sizes.........  54 ppm at 15
 independent of the combustion                         percent O2 or 110
 turbine.                                              ng/J of useful
                                                       output (0.86 lb/
                                                       MWh).
------------------------------------------------------------------------



Subpart LLLL_Standards of Performance for New Sewage Sludge Incineration 
                                  Units

    Effective Date Note: At 76 FR 15404, Mar. 21, 2011, subpart LLLL was 
added, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
effective date was delayed indefinitely.

                              Introduction



Sec. 60.4760  What does this subpart do?

    This subpart establishes new source performance standards for sewage 
sludge incineration (SSI) units. To the extent any requirement of this 
subpart is inconsistent with the requirements of subpart A of this part, 
the requirements of this subpart will apply.



Sec. 60.4765  When does this subpart become effective?

    This subpart takes effect on September 21, 2011. Some of the 
requirements in this subpart apply to planning a SSI unit and must be 
completed even before construction is initiated on a SSI unit (i.e., the 
preconstruction requirements in Sec. Sec. 60.4800 and 60.4805). Other 
requirements such as the emission limits, emission standards, and 
operating limits apply after the SSI unit begins operation.

                Applicability and Delegation of Authority



Sec. 60.4770  Does this subpart apply to my sewage sludge incineration
unit?

    Yes, your SSI unit is an affected source if it meets all the 
criteria specified in paragraphs (a) through (c) of this section.
    (a) Your SSI unit is a SSI unit for which construction commenced 
after October 14, 2010 or for which modification commenced after 
September 21, 2011.
    (b) Your SSI unit is a SSI unit as defined in Sec. 60.4930.
    (c) Your SSI unit is not exempt under Sec. 60.4780.



Sec. 60.4775  What is a new sewage sludge incineration unit?

    (a) A new SSI unit is a SSI unit that meets either of the two 
criteria specified in paragraph (a)(1) or (a)(2) of this section.
    (1) Commenced construction after October 14, 2010.
    (2) Commenced modification after September 21, 2011.
    (b) Physical or operational changes made to your SSI unit to comply 
with the emission guidelines in subpart MMMM of this part (Emission 
Guidelines and Compliance Times for Existing Sewage Sludge Incineration 
Units) do not qualify as a modification under this subpart.



Sec. 60.4780  What sewage sludge incineration units are exempt
from this subpart?

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



Sec. 60.4785  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the 
Administrator, as defined in Sec. 60.2, or a delegated authority such 
as your state, local, or tribal

[[Page 1107]]

agency. If the Administrator has delegated authority to your state, 
local, or tribal agency, then that agency (as well as the Administrator) 
has the authority to implement and enforce this subpart. You should 
contact your EPA Regional Office to find out if this subpart is 
delegated to your state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency, the authorities contained 
in paragraph (c) of this section are retained by the Administrator and 
are not transferred to the state, local, or tribal agency.
    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (c)(1) through (c)(8) of 
this section.
    (1) Approval of alternatives to the emission limits and standards in 
Tables 1 and 2 to this subpart and operating limits established under 
Sec. 60.4850.
    (2) Approval of major alternatives to test methods.
    (3) Approval of major alternatives to monitoring.
    (4) Approval of major alternatives to recordkeeping and reporting.
    (5) The requirements in Sec. 60.4855.
    (6) The requirements in Sec. 60.4835(b)(2).
    (7) Performance test and data reduction waivers under Sec. 60.8(b).
    (8) Preconstruction siting analysis in Sec. 60.4800 and Sec. 
60.4805.



Sec. 60.4790  How are these new source performance standards structured?

    These new source performance standards contain the nine major 
components listed in paragraphs (a) through (i) of this section.
    (a) Preconstruction siting analysis.
    (b) Operator training and qualification.
    (c) Emission limits, emission standards, and operating limits.
    (d) Initial compliance requirements.
    (e) Continuous compliance requirements.
    (f) Performance testing, monitoring, and calibration requirements.
    (g) Recordkeeping and reporting.
    (h) Definitions.
    (i) Tables.



Sec. 60.4795  Do all nine components of these new source performance 
standards apply at the same time?

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

                     Preconstruction Siting Analysis



Sec. 60.4800  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of a SSI unit after October 14, 2010.
    (b) You must prepare a siting analysis if you are required to submit 
an initial application for a construction permit under 40 CFR part 51, 
subpart I, or 40 CFR part 52, as applicable, for the modification of 
your SSI unit.



Sec. 60.4805  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the environment, 
including impacts of the affected SSI unit on ambient air quality, 
visibility, soils, and vegetation. In considering such alternatives, the 
analysis may consider costs, energy impacts, nonair environmental 
impacts, or any other factors related to the practicability of the 
alternatives.
    (b) Analyses of your SSI unit's impacts that are prepared to comply 
with state, local, or other Federal regulatory requirements may be used 
to satisfy the requirements of this section, provided they include the 
consideration of air pollution control alternatives specified in 
paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec. 60.4915(a)(3) prior to commencing 
construction.

[[Page 1108]]

                   Operator Training and Qualification



Sec. 60.4810  What are the operator training and qualification 
requirements?

    (a) A SSI unit cannot be operated unless a fully trained and 
qualified SSI unit operator is accessible, either at the facility or can 
be at the facility within 1 hour. The trained and qualified SSI unit 
operator may operate the SSI unit directly or be the direct supervisor 
of one or more other plant personnel who operate the unit. If all 
qualified SSI unit operators are temporarily not accessible, you must 
follow the procedures in Sec. 60.4835.
    (b) Operator training and qualification must be obtained through a 
state-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (c)(3) of this section.
    (1) Training on the 10 subjects listed in paragraphs (c)(1)(i) 
through (c)(1)(x) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, sewage sludge feeding, and 
shutdown procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to prevent malfunctions or to prevent conditions that 
may lead to malfunctions.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (2) An examination designed and administered by the state-approved 
program.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec. 60.4815  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
two dates specified in paragraphs (a) and (b) of this section.
    (a) Six months after your SSI unit startup.
    (b) The date before an employee assumes responsibility for operating 
the SSI unit or assumes responsibility for supervising the operation of 
the SSI unit.



Sec. 60.4820  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec. 60.4810(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec. 60.4810(c)(2).



Sec. 60.4825  How do I maintain my operator qualification?

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



Sec. 60.4830  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification before you begin 
operation of a SSI unit by one of the two methods specified in 
paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.4825.

[[Page 1109]]

    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.4820(a).



Sec. 60.4835  What if all the qualified operators are temporarily
not accessible?

    If a qualified operator is not at the facility and cannot be at the 
facility within 1 hour, you must meet the criteria specified in either 
paragraph (a) or (b) of this section, depending on the length of time 
that a qualified operator is not accessible.
    (a) When a qualified operator is not accessible for more than 8 
hours, the SSI unit may be operated for less than 2 weeks by other plant 
personnel who are familiar with the operation of the SSI unit and who 
have completed a review of the information specified in Sec. 60.4840 
within the past 12 months. However, you must record the period when a 
qualified operator was not accessible and include this deviation in the 
annual report as specified under Sec. 60.4915(d).
    (b) When a qualified operator is not accessible for 2 weeks or more, 
you must take the two actions that are described in paragraphs (b)(1) 
and (b)(2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible, and requesting approval from the Administrator to 
continue operation of the SSI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section.
    (i) If the Administrator notifies you that your request to continue 
operation of the SSI unit is disapproved, the SSI unit may continue 
operation for 30 days, and then must cease operation.
    (ii) Operation of the unit may resume if a qualified operator is 
accessible as required under Sec. 60.4810(a). You must notify the 
Administrator within 5 days of having resumed operations and of having a 
qualified operator accessible.



Sec. 60.4840  What site-specific documentation is required and how 
often must it be reviewed by qualified operators and plant personnel?

    (a) You must maintain at the facility the documentation of the 
operator training procedures specified under Sec. 60.4910(c)(1) and 
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information 
listed in Sec. 60.4910(c)(1) with each qualified incinerator operator 
and other plant personnel who may operate the unit according to the 
provisions of Sec. 60.4835(a), according to the following schedule:
    (1) The initial review of the information listed in Sec. 
60.4910(c)(1) must be conducted within 6 months after the effective date 
of this subpart or prior to an employee's assumption of responsibilities 
for operation of the SSI unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in Sec. 
60.4910(c)(1) must be conducted no later than 12 months following the 
previous review.

     Emission Limits, Emission Standards, and Operating Limits and 
                              Requirements



Sec. 60.4845  What emission limits and standards must I meet and by when?

    You must meet the emission limits and standards specified in Table 1 
or 2 to this subpart within 60 days after your SSI unit reaches the feed 
rate at which it will operate or within 180 days after its initial 
startup, whichever comes first. The emission limits and standards apply 
at all times the unit is operating, and during periods of malfunction. 
The emission limits and standards apply to emissions from a bypass stack 
or vent while sewage sludge is in the combustion chamber (i.e., until 
the sewage sludge feed to the combustor has been cut off for a period of 
time not less than the sewage sludge incineration residence time).

[[Page 1110]]



Sec. 60.4850  What operating limits and requirements must
I meet and by when?

    You must meet, as applicable, the operating limits and requirements 
specified in paragraphs (a) through (d) and (h) of this section, 
according to the schedule specified in paragraph (e) of this section. 
The operating parameters for which you will establish operating limits 
for a wet scrubber, fabric filter, electrostatic precipitator, or 
activated carbon injection are listed in Table 3 to this subpart. You 
must comply with the operating requirements in paragraph (f) of this 
section and the requirements in paragraph (g) of this section for 
meeting any new operating limits, re-established in Sec. 60.4890. The 
operating limits apply at all times that sewage sludge is in the 
combustion chamber (i.e., until the sewage sludge feed to the combustor 
has been cut off for a period of time not less than the sewage sludge 
incineration residence time).
    (a) You must meet a site-specific operating limit for minimum 
operating temperature of the combustion chamber (or afterburner 
combustion chamber) that you establish in Sec. 60.4890(a)(2)(i).
    (b) If you use a wet scrubber, electrostatic precipitator, or 
activated carbon injection to comply with an emission limit, you must 
meet the site-specific operating limits that you establish in Sec. 
60.4870 for each operating parameter associated with each air pollution 
control device.
    (c) If you use a fabric filter to comply with the emission limits, 
you must install the bag leak detection system specified in Sec. Sec. 
60.4880(b) and 60.4905(b)(3)(i) and operate the bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. You must calculate the alarm 
time as specified in Sec. 60.4870.
    (d) You must meet the operating requirements in your site-specific 
fugitive emission monitoring plan, submitted as specified in Sec. 
60.4880(d) to ensure that your ash handling system will meet the 
emission standard for fugitive emissions from ash handling.
    (e) You must meet the operating limits and requirements specified in 
paragraphs (a) through (d) of this section 60 days after your SSI unit 
reaches the feed rate at which it will operate, or within 180 days after 
its initial startup, whichever comes first.
    (f) You must monitor the feed rate and moisture content of the 
sewage sludge fed to the sewage sludge incinerator, as specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) Continuously monitor the sewage sludge feed rate and calculate a 
daily average for all hours of operation during each 24-hour period. 
Keep a record of the daily average feed rate, as specified in Sec. 
60.4910(f)(3)(ii).
    (2) Take at least one grab sample per day of the sewage sludge fed 
to the sewage sludge incinerator. If you take more than one grab sample 
in a day, calculate the daily average for the grab samples. Keep a 
record of the daily average moisture content, as specified in Sec. 
60.4910(f)(3)(ii).
    (g) For the operating limits and requirements specified in 
paragraphs (a) through (d) and (h) of this section, you must meet any 
new operating limits and requirements, re-established according to Sec. 
60.4890(d).
    (h) If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator, or activated carbon 
injection to comply with the emission limits in Table 1 or 2 to this 
subpart, you must meet any site-specific operating limits or 
requirements that you establish as required in Sec. 60.4855.



Sec. 60.4855  How do I establish operating limits if I do not use a 
wet scrubber, fabric filter, electrostatic precipitator, or activated

carbon injection, or 
          if I limit emissions in some other manner, to comply with the 
          emission limits?

    If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator, or activated carbon 
injection, or limit emissions in some other manner (e.g., materials 
balance) to comply with the emission limits in Sec. 60.4845, you must 
meet the requirements in paragraphs (a) and (b) of this section.
    (a) Meet the applicable operating limits and requirements in Sec. 
60.4850, and establish applicable operating limits according to Sec. 
60.4870.

[[Page 1111]]

    (b) Petition the Administrator for specific operating parameters, 
operating limits, and averaging periods to be established during the 
initial performance test and to be monitored continuously thereafter.
    (1) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. You must not conduct the initial 
performance test until after the petition has been approved by the 
Administrator, and you must comply with the operating limits as written, 
pending approval by the Administrator. Neither submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application relieves you of the responsibility to comply with any 
provision of this subpart.
    (2) Your petition must include the five items listed in paragraphs 
(b)(2)(i) through (b)(2)(v) of this section.
    (i) Identification of the specific parameters you propose to 
monitor.
    (ii) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (iii) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters, including a discussion of the averaging periods 
associated with those parameters for determining compliance.
    (iv) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well as 
the relative accuracy and precision of these methods and instruments.
    (v) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec. 60.4860  Do the emission limits, emission standards, and operating
limits apply during periods of startup, shutdown, and malfunction?

    The emission limits and standards apply at all times and during 
periods of malfunction. The operating limits apply at all times that 
sewage sludge is in the combustion chamber (i.e., until the sewage 
sludge feed to the combustor has been cut off for a period of time not 
less than the sewage sludge incineration residence time).



Sec. 60.4861  How do I establish an affirmative defense for exceedance 
of an emission limit or standard during malfunction?

    In response to an action to enforce the numerical emission standards 
set forth in paragraph Sec. 60.4845, you may assert an affirmative 
defense to a claim for civil penalties for exceedances of emission 
limits that are caused by malfunction, as defined in Sec. 60.2. 
Appropriate penalties may be assessed, however, if you fail to meet your 
burden of proving all of the requirements in the affirmative defense. 
The affirmative defense shall not be available for claims for injunctive 
relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that the conditions in paragraphs (a)(1) through (a)(9) of this 
section are met.
    (1) The excess emissions meet:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner, and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices, and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for, and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance, and (2) Repairs were made as 
expeditiously as possible when the applicable emission

[[Page 1112]]

limits were being exceeded. Off-shift and overtime labor were used, to 
the extent practicable to make these repairs, and
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions, and
    (4) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage, and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health, and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible consistent with safety and good air 
pollution control practices, and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs, and
    (8) At all times, the affected facility was operated in a manner 
consistent with good practices for minimizing emissions, and
    (9) A written root cause analysis has been prepared the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) The owner or operator of the SSI unit experiencing an exceedance 
of its emission limit(s) during a malfunction, shall notify the 
Administrator by telephone or facsimile (fax) transmission as soon as 
possible, but no later than 2 business days after the initial occurrence 
of the malfunction, if it wishes to avail itself of an affirmative 
defense to civil penalties for that malfunction. The owner or operator 
seeking to assert an affirmative defense shall also submit a written 
report to the Administrator within 45 days of the initial occurrence of 
the exceedance of the standard in Sec. 60.4845 to demonstrate, with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. The owner or operator may seek 
an extension of this deadline for up to 30 additional days by submitting 
a written request to the Administrator before the expiration of the 45 
day period. Until a request for an extension has been approved by the 
Administrator, the owner or operator is subject to the requirement to 
submit such report within 45 days of the initial occurrence of the 
exceedance.

                     Initial Compliance Requirements



Sec. 60.4865  How and when do I demonstrate initial compliance with 
the emission limits and standards?

    To demonstrate initial compliance with the emission limits and 
standards in Table 1 or 2 to this subpart, use the procedures specified 
in paragraph (a) of this section for particulate matter, hydrogen 
chloride, dioxins/furans (total mass basis or toxic equivalency basis), 
mercury, nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive 
emissions from ash handling, and follow the procedures specified in 
paragraph (b) of this section for carbon monoxide. In lieu of using the 
procedures specified in paragraph (a) of this section, you also have the 
option to demonstrate initial compliance using the procedures specified 
in paragraph (b) of this section for particulate matter, hydrogen 
chloride, dioxins/furans (total mass basis or toxic equivalency basis), 
mercury, nitrogen oxides, sulfur dioxide, cadmium, and lead. You must 
meet the requirements of paragraphs (a) or (b) of this section, as 
applicable, and paragraphs (c) and (d) of this section, according to the 
performance testing, monitoring, and calibration requirements in Sec. 
60.4900(a) and (b). Except as provided in paragraph (e) of this section, 
within 60 days after your SSI unit reaches the feed rate at which it 
will operate, or within 180 days after its initial startup, whichever 
comes first, you must demonstrate that your SSI unit meets the emission 
limits and standards specified in Table 1 or 2 to this subpart.
    (a) Demonstrate initial compliance using the performance test 
required in Sec. 60.8. You must demonstrate that your SSI unit meets 
the emission limits and standards specified in Table 1 or 2 to

[[Page 1113]]

this subpart for particulate matter, hydrogen chloride, dioxins/furans 
(total mass basis or toxic equivalency basis), mercury, nitrogen oxides, 
sulfur dioxide, cadmium, lead, and fugitive emissions from ash handling 
using the performance test. The initial performance test must be 
conducted using the test methods, averaging methods, and minimum 
sampling volumes or durations specified in Table 1 or 2 to this subpart 
and according to the testing, monitoring, and calibration requirements 
specified in Sec. 60.4900(a).
    (b) Demonstrate initial compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option to 
use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium, or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium, or lead is published in the Federal Register. The 
option to use a continuous automated sampling system for dioxins/furans 
takes effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec. 60.4900(b)(6) and use the 
following procedures:
    (1) To demonstrate initial compliance with the carbon monoxide 
emission limit specified in Table 1 or 2 to this subpart, you must use 
the carbon monoxide continuous emissions monitoring system specified in 
Sec. 60.4900(b). For determining compliance with the carbon monoxide 
concentration limit using carbon monoxide CEMS, the correction to 7 
percent oxygen does not apply during periods of startup or shutdown. Use 
the measured carbon monoxide concentration without correcting for oxygen 
concentration in averaging with other carbon monoxide concentrations 
(corrected to 7 percent oxygen) to determine the 24-hour average value.
    (2) To demonstrate initial compliance with the emission limits 
specified in Table 1 or 2 to this subpart for particulate matter, 
hydrogen chloride, dioxins/furans (total mass basis or toxic equivalency 
basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, and lead, you 
may substitute the use of a continuous monitoring system in lieu of 
conducting the initial performance test required in paragraph (a) of 
this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(2) of this section 
in lieu of conducting the initial performance test for that pollutant in 
paragraph (a) of this section.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the initial 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (3) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in Table 1 or 2 
to this subpart, as described in paragraph (b)(1) or (b)(2) of this 
section, you must use the continuous emissions monitoring system and 
follow the requirements specified in Sec. 60.4900(b). You must measure 
emissions according to Sec. 60.13 to calculate 1-hour arithmetic 
averages, corrected to 7 percent oxygen (or carbon dioxide). You must 
demonstrate initial compliance using a 24-hour block average of these 1-
hour arithmetic average emission concentrations, calculated using 
Equation 19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, 
appendix A-7.
    (4) If you use a continuous automated sampling system to demonstrate 
compliance with an applicable emission limit in Table 1 or 2 to this 
subpart, as described in paragraph (b)(2) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec. 
60.58b(p) and (q), and measure and calculate average emissions corrected 
to 7 percent oxygen (or carbon dioxide) according to Sec. 60.58b(p) and 
your monitoring plan.
    (A) Use the procedures specified in Sec. 60.58b(p) to calculate 24-
hour block averages to determine compliance with the mercury emission 
limit in Table 1 or 2 to this subpart.
    (B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-
week block averages to determine compliance with the dioxin/furan (total 
mass basis or toxic equivalency basis) emission limits in Table 1 or 2 
to this subpart.

[[Page 1114]]

    (ii) Comply with the provisions in Sec. 60.58b(q) to develop a 
monitoring plan. For mercury continuous automated sampling systems, you 
must use Performance Specification 12B of appendix B of part 75 and 
Procedure 5 of appendix F of this part.
    (5) Except as provided in paragraph (e) of this section, you must 
complete your initial performance evaluations required under your 
monitoring plan for any continuous emissions monitoring system and 
continuous automated sampling systems according to the provisions of 
Sec. 60.4880. Your performance evaluation must be conducted using the 
procedures and acceptance criteria specified in Sec. 60.4880(a)(3).
    (c) To demonstrate initial compliance with the dioxins/furans toxic 
equivalency emission limit in Table 1 or 2 to this subpart, determine 
dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Multiply the concentration of each dioxin/furan (tetra- through 
octa-chlorinated) isomer by its corresponding toxic equivalency factor 
specified in Table 4 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) Submit an initial compliance report, as specified in Sec. 
60.4915(c).
    (e) If you demonstrate initial compliance using the performance test 
specified in paragraph (a) of this section, then the provisions of this 
paragraph (e) apply. If a force majeure is about to occur, occurs, or 
has occurred for which you intend to assert a claim of force majeure, 
you must notify the Administrator in writing as specified in Sec. 
60.4915(g). You must conduct the initial performance test as soon as 
practicable after the force majeure occurs. The Administrator will 
determine whether or not to grant the extension to the initial 
performance test deadline, and will notify you in writing of approval or 
disapproval of the request for an extension as soon as practicable. 
Until an extension of the performance test deadline has been approved by 
the Administrator, you remain strictly subject to the requirements of 
this subpart.



Sec. 60.4870  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified 
in paragraphs (b) through (h) of this section or established in Sec. 
60.4855, as applicable, during your initial performance tests required 
in Sec. 60.4865. You must meet the requirements in Sec. 60.4890(d) to 
confirm these operating limits or re-establish new operating limits 
using operating data recorded during any performance tests or 
performance evaluations required in Sec. 60.4885. You must follow the 
data measurement and recording frequencies and data averaging times 
specified in Table 3 to this subpart or as established in Sec. 60.4855, 
and you must follow the testing, monitoring, and calibration 
requirements specified in Sec. Sec. 60.4900 and 60.4905 or established 
in Sec. 60.4855. You are not required to establish operating limits for 
the operating parameters listed in Table 3 to this subpart for a control 
device if you use a continuous monitoring system to demonstrate 
compliance with the emission limits in Table 1 or 2 to this subpart for 
the applicable pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen 
chloride or sulfur dioxide, you are not required to establish an 
operating limit and monitor, scrubber liquid flow rate or scrubber 
liquid pH if you use the continuous monitoring system specified in 
Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the 
emission limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate 
matter, cadmium, and lead, you are not required to establish an 
operating limit and monitor pressure drop across the scrubber or 
scrubber liquid flow rate if you use the continuous monitoring system 
specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for particulate matter, cadmium, and 
lead.

[[Page 1115]]

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

[[Page 1116]]

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



Sec. 60.4875  By what date must I conduct the initial air pollution 
control device inspection and make any necessary repairs?

    (a) You must conduct an air pollution control device inspection 
according to Sec. 60.4900(c) within 60 days of installing an air 
pollution control device or within 180 days of startup of the SSI unit 
using the air pollution control device, whichever comes first.
    (b) Within 10 operating days following the air pollution control 
device inspection under paragraph (a) of this section, all necessary 
repairs must be completed unless you obtain written approval from the 
Administrator establishing a date whereby all necessary repairs of the 
SSI unit must be completed.



Sec. 60.4880  How do I develop a site-specific monitoring plan for my 
continuous monitoring, bag leak detection, and ash handling systems,

and by what date 
          must I conduct an initial performance evaluation?

    You must develop and submit to the Administrator for approval a 
site-specific monitoring plan for each continuous monitoring system 
required under this subpart, according to the requirements in paragraphs 
(a) through (d) of this section. This requirement also applies to you if 
you petition the Administrator for alternative monitoring parameters 
under Sec. 60.13(i) and paragraph (e) of this section. If you use a 
continuous automated sampling system to comply with the mercury or 
dioxin/furan (total mass basis or toxic equivalency basis) emission 
limit, you must develop your monitoring plan as specified in Sec. 
60.58b(q), and you are not required to meet the requirements in 
paragraphs (a) and (b) of this section. You must also submit a site-
specific monitoring plan for your ash handling system, as specified in 
paragraph (d) of this section. You must submit and update your 
monitoring plans as specified in paragraphs (f) through (h) of this 
section.
    (a) For each continuous monitoring system, your monitoring plan must 
address the elements and requirements specified in paragraphs (a)(1) 
through (a)(8) of this section. You must operate and maintain the 
continuous monitoring system in continuous operation according to the 
site-specific monitoring plan.
    (1) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (i) For continuous emissions monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) The applicable requirements for continuous emissions monitoring 
systems specified in Sec. 60.13.
    (B) The applicable performance specifications (e.g., relative 
accuracy tests) in appendix B of this part.
    (C) The applicable procedures (e.g., quarterly accuracy 
determinations and daily calibration drift tests) in appendix F of this 
part.
    (D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in section (a)(7)(i) of this section.
    (ii) For continuous parameter monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to 
the following:

[[Page 1117]]

    (A) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(A)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater 
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (B) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(B)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., particulate matter 
scrubber pressure drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (C) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the pH of the operating limit) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a 
temperature measurement device, you must meet the requirements in 
paragraphs (a)(3)(ii)(D)(1) through (4) of this section.
    (1) Install the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 1.0 percent of the temperature value, 
whichever is larger, for a noncryogenic temperature range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 2.5 percent of the temperature value, 
whichever is larger, for a cryogenic temperature range.
    (4) Conduct a temperature measurement device performance evaluation 
at the time of each performance test but no less frequently than 
annually.
    (E) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet

[[Page 1118]]

the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the electrostatic precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (F) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (7) Provisions for periods when the continuous monitoring system is 
out of control, as follows:
    (i) A continuous monitoring system is out of control if the 
conditions of paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of this section are 
met.
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (B) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (ii) When the continuous monitoring system is out of control as 
specified in paragraph (a)(7)(i) of this section, you must take the 
necessary corrective action and must repeat all necessary tests that 
indicate that the system is out of control. You must take corrective 
action and conduct retesting until the performance requirements are 
below the applicable limits. The beginning of the out-of-control period 
is the hour you conduct a performance check (e.g., calibration drift) 
that indicates an exceedance of the performance requirements established 
under this part. The end of the out-of-control period is the hour 
following the completion of corrective action and successful 
demonstration that the system is within the allowable limits.
    (8) Schedule for conducting initial and periodic performance 
evaluations.
    (b) If a bag leak detection system is used, your monitoring plan 
must include a description of the following items:
    (1) Installation of the bag leak detection system in accordance with 
paragraphs (b)(1)(i) and (ii) of this section.
    (i) Install the bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (ii) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (2) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established. Use a bag 
leak detection system equipped with a system that will sound an alarm 
when the system detects an increase in relative particulate matter 
emissions over a preset level. The alarm must be located where it is 
observed readily and any alert is detected and recognized easily by 
plant operating personnel.
    (3) Evaluations of the performance of the bag leak detection system, 
performed in accordance with your monitoring plan and consistent with 
the guidance provided in Fabric Filter Bag Leak Detection Guidance, EPA-
454/R-

[[Page 1119]]

98-015, September 1997 (incorporated by reference, see Sec. 60.17).
    (4) Operation of the bag leak detection system, including quality 
assurance procedures.
    (5) Maintenance of the bag leak detection system, including a 
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak 
detection system data. Use a bag leak detection system equipped with a 
device to continuously record the output signal from the sensor.
    (c) You must conduct an initial performance evaluation of each 
continuous monitoring system and bag leak detection system, as 
applicable, in accordance with your monitoring plan and Sec. 60.13(c). 
For the purposes of this subpart, the provisions of Sec. 60.13(c) also 
apply to the bag leak detection system. You must conduct the initial 
performance evaluation of each continuous monitoring system within 60 
days of installation of the monitoring system.
    (d) You must submit a monitoring plan specifying the ash handling 
system operating procedures that you will follow to ensure that you meet 
the fugitive emissions limit specified in Table 1 or 2 to this subpart.
    (e) You may submit an application to the Administrator for approval 
of alternate monitoring requirements to demonstrate compliance with the 
standards of this subpart, subject to the provisions of paragraphs 
(e)(1) through (e)(6) of this section.
    (1) The Administrator will not approve averaging periods other than 
those specified in this section, unless you document, using data or 
information, that the longer averaging period will ensure that emissions 
do not exceed levels achieved over the duration of three performance 
test runs.
    (2) If the application to use an alternate monitoring requirement is 
approved, you must continue to use the original monitoring requirement 
until approval is received to use another monitoring requirement.
    (3) You must submit the application for approval of alternate 
monitoring requirements no later than the notification of performance 
test. The application must contain the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section:
    (i) Data or information justifying the request, such as the 
technical or economic infeasibility, or the impracticality of using the 
required approach.
    (ii) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach and technique, the averaging period for the limit, 
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative 
monitoring requirement would provide equivalent or better assurance of 
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of 
the application within 90 calendar days after receipt of the original 
request, or within 60 calendar days of the receipt of any supplementary 
information, whichever is later. The Administrator will not approve an 
alternate monitoring application unless it would provide equivalent or 
better assurance of compliance with the relevant emission standard. 
Before disapproving any alternate monitoring application, the 
Administrator will provide the following:
    (i) Notice of the information and findings upon which the intended 
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting 
information before final action is taken on the application. This notice 
will specify how much additional time is allowed for you to provide 
additional supporting information.
    (5) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. Neither submittal of an application, nor 
the Administrator's failure to approve or disapprove the application 
relieves you of the responsibility to comply with any provision of this 
subpart.
    (6) The Administrator may decide at any time, on a case-by-case 
basis, that additional or alternative operating

[[Page 1120]]

limits, or alternative approaches to establishing operating limits, are 
necessary to demonstrate compliance with the emission standards of this 
subpart.
    (f) You must submit your monitoring plans required in paragraphs (a) 
and (b) of this section at least 60 days before your initial performance 
evaluation of your continuous monitoring system(s).
    (g) You must submit your monitoring plan for your ash handling 
system, as required in paragraph (d) of this section, at least 60 days 
before your initial compliance test date.
    (h) You must update and resubmit your monitoring plan if there are 
any changes or potential changes in your monitoring procedures or if 
there is a process change, as defined in Sec. 60.4930.

                   Continuous Compliance Requirements



Sec. 60.4885  How and when do I demonstrate continuous compliance with
the emission limits and standards?

    To demonstrate continuous compliance with the emission limits and 
standards specified in Table 1 or 2 to this subpart, use the procedures 
specified in paragraph (a) of this section for particulate matter, 
hydrogen chloride, dioxins/furans (total mass basis or toxic equivalency 
basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead, and 
fugitive emissions from ash handling, and follow the procedures 
specified in paragraph (b) of this section for carbon monoxide. In lieu 
of using the procedures specified in paragraph (a) of this section, you 
also have the option to demonstrate continuous compliance using the 
procedures specified in paragraph (b) of this section for particulate 
matter, hydrogen chloride, dioxins/furans (total mass basis or toxic 
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, 
and lead. You must meet the requirements of paragraphs (a) and (b) of 
this section, as applicable, and paragraphs (c) through (e) of this 
section, according to the performance testing, monitoring, and 
calibration requirements in Sec. 60.4900(a) and (b). You may also 
petition the Administrator for alternative monitoring parameters as 
specified in paragraph (f) of this section.
    (a) Demonstrate continuous compliance using a performance test. 
Except as provided in paragraphs (a)(3) and (e) of this section, 
following the date that the initial performance test for each pollutant 
in Table 1 or 2 to this subpart except carbon monoxide is completed, you 
must conduct a performance test for each such pollutant on an annual 
basis (between 11 and 13 calendar months following the previous 
performance test). The performance test must be conducted using the test 
methods, averaging methods, and minimum sampling volumes or durations 
specified in Table 1 or 2 to this subpart and according to the testing, 
monitoring, and calibration requirements specified in Sec. 60.4900(a).
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward. The Administrator may request a repeat performance test at any 
time.
    (2) You must repeat the performance test within 60 days of a process 
change, as defined in Sec. 60.4930.
    (3) Except as specified in paragraphs (a)(1) and (2) of this 
section, you can conduct performance tests less often for a given 
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this 
section.
    (i) You can conduct performance tests less often if your performance 
tests for the pollutant for at least 2 consecutive years show that your 
emissions are at or below 75 percent of the emission limit specified in 
Table 2 or 3 to this subpart, and there are no changes in the operation 
of the affected source or air pollution control equipment that could 
increase emissions. In this case, you do not have to conduct a 
performance test for that pollutant for the next 2 years. You must 
conduct a performance test during the third year and no more than 37 
months after the previous performance test.
    (ii) If your SSI unit continues to meet the emission limit for the 
pollutant, you may choose to conduct performance tests for the pollutant 
every third year if your emissions are at or below 75 percent of the 
emission limit, and if there are no changes in the operation of the 
affected source or air pollution control equipment that could increase 
emissions, but each such performance test must be conducted no

[[Page 1121]]

more than 37 months after the previous performance test.
    (iii) If a performance test shows emissions exceeded 75 percent of 
the emission limit for a pollutant, you must conduct annual performance 
tests for that pollutant until all performance tests over 2 consecutive 
years show compliance.
    (b) Demonstrate continuous compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option to 
use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium, or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium, or lead is published in the Federal Register. The 
option to use a continuous automated sampling system for dioxins/furans 
takes effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec. 60.4900(b)(6) and use the 
following procedures:
    (1) To demonstrate continuous compliance with the carbon monoxide 
emission limit, you must use the carbon monoxide continuous emissions 
monitoring system specified in Sec. 60.4900(b). For determining 
compliance with the carbon monoxide concentration limit using carbon 
monoxide CEMS, the correction to 7 percent oxygen does not apply during 
periods of startup or shutdown. Use the measured carbon monoxide 
concentration without correcting for oxygen concentration in averaging 
with other carbon monoxide concentrations (corrected to 7 percent 
oxygen) to determine the 24-hour average value.
    (2) To demonstrate continuous compliance with the emission limits 
for particulate matter, hydrogen chloride, dioxins/furans (total mass 
basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur 
dioxide, cadmium, and lead, you may substitute the use of a continuous 
monitoring system in lieu of conducting the annual performance test 
required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(2) of this section 
in lieu of conducting the annual performance test for that pollutant in 
paragraph (a) of this section.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (3) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in either 
paragraph (b)(1) or (b)(2) of this section, you must use the continuous 
emissions monitoring system and follow the requirements specified in 
Sec. 60.4900(b). You must measure emissions according to Sec. 60.13 to 
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or 
carbon dioxide). You must demonstrate initial compliance using a 24-hour 
block average of these 1-hour arithmetic average emission 
concentrations, calculated using Equation 19-19 in section 12.4.1 of 
Method 19 of 40 CFR part 60, appendix A-7.
    (4) If you use a continuous automated sampling system to demonstrate 
compliance with an applicable emission limit in paragraph (b)(2) of this 
section, you must:
    (i) Use the continuous automated sampling system specified in Sec. 
60.58b(p) and (q), and measure and calculate average emissions corrected 
to 7 percent oxygen (or carbon dioxide) according to Sec. 60.58b(p) and 
your monitoring plan.
    (A) Use the procedures specified in Sec. 60.58b(p) to calculate 24-
hour averages to determine compliance with the mercury emission limit in 
Table 1 or 2 to this subpart.
    (B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan emission 
limit (total mass basis or toxic equivalency basis) in Table 1 or 2 to 
this subpart.
    (ii) Update your monitoring plan as specified in Sec. 60.4880(e). 
For mercury continuous automated sampling systems, you must use 
Performance Specification 12B of appendix B of part 75 and Procedure 5 
of appendix F of this part.

[[Page 1122]]

    (5) Except as provided in paragraph (e) of this section, you must 
complete your periodic performance evaluations required under your 
monitoring plan for any continuous emissions monitoring system and 
continuous automated sampling systems, according to the schedule 
specified in your monitoring plan. If you were previously determining 
compliance by conducting an annual performance test (or according to the 
less frequent testing for a pollutant as provided in paragraph (a)(3) of 
this section), you must complete the initial performance evaluation 
required in your monitoring plan in Sec. 60.4880 for the continuous 
monitoring system prior to using the continuous emissions monitoring 
system to demonstrate compliance or continuous automated sampling 
system. Your performance evaluation must be conducted using the 
procedures and acceptance criteria specified in Sec. 60.4880(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic 
equivalency emission limit in paragraph (a) or (b) of this section, you 
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-chlorinated isomer emitted using EPA Method 23.
    (2) For each dioxin/furan (tetra- through octa-chlorinated) isomer 
measured in accordance with paragraph (c)(1) of this section, multiply 
the isomer concentration by its corresponding toxic equivalency factor 
specified in Table 4 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) You must submit the annual compliance report specified in Sec. 
60.4915(d). You must submit the deviation report specified in Sec. 
60.4915(e) for each instance that you did not meet each emission limit 
in Table 1 or 2 to this subpart.
    (e) If you demonstrate continuous compliance using a performance 
test, as specified in paragraph (a) of this section, then the provisions 
of this paragraph (e) apply. If a force majeure is about to occur, 
occurs, or has occurred for which you intend to assert a claim of force 
majeure, you must notify the Administrator in writing as specified in 
Sec. 60.4915(g). You must conduct the performance test as soon as 
practicable after the force majeure occurs. The Administrator will 
determine whether or not to grant the extension to the performance test 
deadline, and will notify you in writing of approval or disapproval of 
the request for an extension as soon as practicable. Until an extension 
of the performance test deadline has been approved by the Administrator, 
you remain strictly subject to the requirements of this subpart.
    (f) After any initial requests in Sec. 60.4880 for alternative 
monitoring requirements for initial compliance, you may subsequently 
petition the Administrator for alternative monitoring parameters as 
specified in Sec. Sec. 60.13(i) and 60.4880(e).



Sec. 60.4890  How do I demonstrate continuous compliance with 
my operating limits?

    You must continuously monitor your operating parameters as specified 
in paragraph (a) of this section and meet the requirements of paragraphs 
(b) and (c) of this section, according to the monitoring and calibration 
requirements in Sec. 60.4905. You must confirm and re-establish your 
operating limits as specified in paragraph (d) of this section.
    (a) You must continuously monitor the operating parameters specified 
in paragraphs (a)(1) and (a)(2) of this section using the continuous 
monitoring equipment and according to the procedures specified in Sec. 
60.4905 or established in Sec. 60.4855. To determine compliance, you 
must use the data averaging period specified in Table 3 to this subpart 
(except for alarm time of the baghouse leak detection system) unless a 
different averaging period is established under Sec. 60.4855.
    (1) You must demonstrate that the SSI unit meets the operating 
limits established according to Sec. Sec. 60.4855 and 60.4870 and 
paragraph (d) of this section for each applicable operating parameter.

[[Page 1123]]

    (2) You must demonstrate that the SSI unit meets the operating limit 
for bag leak detection systems as follows:
    (i) For a bag leak detection system, you must calculate the alarm 
time as follows:
    (A) If inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted.
    (B) If corrective action is required, each alarm time shall be 
counted as a minimum of 1 hour.
    (C) If you take longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.
    (ii) Your maximum alarm time is equal to 5 percent of the operating 
time during a 6-month period, as specified in Sec. 60.4850(c).
    (b) Operation above the established maximum, below the established 
minimum, or outside the allowable range of the operating limits 
specified in paragraph (a) of this section constitutes a deviation from 
your operating limits established under this subpart, except during 
performance tests conducted to determine compliance with the emission 
and operating limits or to establish new operating limits. You must 
submit the deviation report specified in Sec. 60.4915(e) for each 
instance that you did not meet one of your operating limits established 
under this subpart.
    (c) You must submit the annual compliance report specified in Sec. 
60.4915(d) to demonstrate continuous compliance.
    (d) You must confirm your operating limits according to paragraph 
(d)(1) of this section or re-establish operating limits according to 
paragraph (d)(2) of this section. Your operating limits must be 
established so as to assure ongoing compliance with the emission limits. 
These requirements also apply to your operating requirements in your 
fugitive emissions monitoring plan specified in Sec. 60.4850(d).
    (1) Your operating limits must be based on operating data recorded 
during any performance test required in Sec. 60.4885(a) or any 
performance evaluation required in Sec. 60.4885(b)(5).
    (2) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward.



Sec. 60.4895  By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

    (a) You must conduct an annual inspection of each air pollution 
control device used to comply with the emission limits, according to 
Sec. 60.4900(c), no later than 12 months following the previous annual 
air pollution control device inspection.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless you 
obtain written approval from the Administrator establishing a date 
whereby all necessary repairs of the affected SSI unit must be 
completed.

      Performance Testing, Monitoring, and Calibration Requirements



Sec. 60.4900  What are the performance testing, monitoring, and 
calibration requirements for compliance with the emission

limits and standards?

    You must meet, as applicable, the performance testing requirements 
specified in paragraph (a) of this section, the monitoring requirements 
specified in paragraph (b) of this section, the air pollution control 
device inspections requirements specified in paragraph (c) of this 
section, and the bypass stack provisions specified in paragraph (d) of 
this section.
    (a) Performance testing requirements.
    (1) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations, as 
specified in Sec. 60.8(c). Emissions in excess of the emission limits 
or standards during periods of startup, shutdown, and malfunction are 
considered deviations from the applicable emission limits or standards.
    (2) You must document that the dry sludge burned during the 
performance test is representative of the sludge burned under normal 
operating conditions by:

[[Page 1124]]

    (i) Maintaining a log of the quantity of sewage sludge burned during 
the performance test by continuously monitoring and recording the 
average hourly rate that sewage sludge is fed to the incinerator.
    (ii) Maintaining a log of the moisture content of the sewage sludge 
burned during the performance test by taking grab samples of the sewage 
sludge fed to the incinerator for each 8 hour period that testing is 
conducted.
    (3) All performance tests must be conducted using the test methods, 
minimum sampling volume, observation period, and averaging methods 
specified in Table 1 or 2 to this subpart.
    (4) Method 1 at 40 CFR part 60, appendix A-1 must be used to select 
the sampling location and number of traverse points.
    (5) Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used for 
gas composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used 
simultaneously with each method.
    (6) All pollutant concentrations must be adjusted to 7 percent 
oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR11.019

Where:

Cadj = Pollutant concentration adjusted to 7 percent oxygen.
Cmeas = Pollutant concentration measured on a dry basis.
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
          correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis, percent.

    (7) Performance tests must be conducted and data reduced in 
accordance with the test methods and procedures contained in this 
subpart unless the Administrator does one of the following.
    (i) Specifies or approves, in specific cases, the use of a method 
with minor changes in methodology.
    (ii) Approves the use of an equivalent method.
    (iii) Approves the use of an alternative method the results of which 
he has determined to be adequate for indicating whether a specific 
source is in compliance.
    (iv) Waives the requirement for performance tests because you have 
demonstrated by other means to the Administrator's satisfaction that the 
affected SSI unit is in compliance with the standard.
    (v) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors. Nothing in this 
paragraph is construed to abrogate the Administrator's authority to 
require testing under section 114 of the Clean Air Act.
    (8) You must provide the Administrator at least 30 days prior notice 
of any performance test, except as specified under other subparts, to 
afford the Administrator the opportunity to have an observer present. If 
after 30 days notice for an initially scheduled performance test, there 
is a delay (due to operational problems, etc.) in conducting the 
scheduled performance test, you must notify the Administrator as soon as 
possible of any delay in the original test date, either by providing at 
least 7 days prior notice of the rescheduled date of the performance 
test, or by arranging a rescheduled date with the Administrator by 
mutual agreement.
    (9) You must provide, or cause to be provided, performance testing 
facilities as follows:
    (i) Sampling ports adequate for the test methods applicable to the 
SSI unit, as follows:
    (A) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures.
    (B) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).

[[Page 1125]]

    (iv) Utilities for sampling and testing equipment.
    (10) Unless otherwise specified in this subpart, each performance 
test must consist of three separate runs using the applicable test 
method. Each run must be conducted for the time and under the conditions 
specified in the applicable standard. Compliance with each emission 
limit must be determined by calculating the arithmetic mean of the three 
runs. In the event that a sample is accidentally lost or conditions 
occur in which one of the three runs must be discontinued because of 
forced shutdown, failure of an irreplaceable portion of the sample 
train, extreme meteorological conditions, or other circumstances, beyond 
your control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (11) During each test run specified in paragraph (a)(1) of this 
section, you must operate your sewage sludge incinerator at a minimum of 
85 percent of your maximum permitted capacity.
    (b) Continuous monitor requirements. You must meet the following 
requirements, as applicable, when using a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 1 or 2 to 
this subpart. The option to use a continuous emissions monitoring system 
for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on 
the date a final performance specification applicable to hydrogen 
chloride, dioxins/furans, cadmium, or lead is published in the Federal 
Register. If you elect to use a continuous emissions monitoring system 
instead of conducting annual performance testing, you must meet the 
requirements of paragraphs (b)(1) through (b)(6) of this section. If you 
elect to use a continuous automated sampling system instead of 
conducting annual performance testing, you must meet the requirements of 
paragraph (b)(7) of this section. The option to use a continuous 
automated sampling system for dioxins/furans takes effect on the date a 
final performance specification for such a continuous automated sampling 
system is published in the Federal Register.
    (1) You must notify the Administrator one month before starting use 
of the continuous monitoring system.
    (2) You must notify the Administrator one month before stopping use 
of the continuous monitoring system, in which case you must also conduct 
a performance test prior to ceasing operation of the system.
    (3) You must install, operate, calibrate, and maintain an instrument 
for continuously measuring and recording the emissions to the atmosphere 
in accordance with the following:
    (i) Section 60.13 of subpart A of this part.
    (ii) The following performance specifications of appendix B of this 
part, as applicable:
    (A) For particulate matter, Performance Specification 11 of appendix 
B of this part.
    (B) For hydrogen chloride, Performance Specification 15 of appendix 
B of this part.
    (C) For carbon monoxide, Performance Specification 4B of appendix B 
of this part with the modifications shown in Tables 1 and 2 to this 
subpart.
    (D) [Reserved]
    (E) For mercury, Performance Specification 12A of appendix B of this 
part.
    (F) For nitrogen oxides, Performance Specification 2 of appendix B 
of this part.
    (G) For sulfur dioxide, Performance Specification 2 of appendix B of 
this part.
    (iii) For continuous emissions monitoring systems, the quality 
assurance procedures (e.g., quarterly accuracy determinations and daily 
calibration drift tests) of appendix F of this part specified in 
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(G) of this section. For 
each pollutant, the span value of the continuous emissions monitoring 
system is two times the applicable emission limit, expressed as a 
concentration.
    (A) For particulate matter, Procedure 2 in appendix F of this part.
    (B) For hydrogen chloride, Procedure 1 in appendix F of this part 
except that the Relative Accuracy Test Audit requirements of Procedure 1 
shall be replaced with the validation requirements and criteria of 
sections 11.1.1

[[Page 1126]]

and 12.0 of Performance Specification 15 of appendix B of this part.
    (C) For carbon monoxide, Procedure 1 in appendix F of this part.
    (D) [Reserved]
    (E) For mercury, Procedures 5 in appendix F of this part.
    (F) For nitrogen oxides, Procedure 1 in appendix F of this part.
    (G) For sulfur dioxide, Procedure 1 in appendix F of this part.
    (iv) If your monitoring system has a malfunction or out-of-control 
period, you must complete repairs and resume operation of your 
monitoring system as expeditiously as possible.
    (4) During each relative accuracy test run of the continuous 
emissions monitoring system using the performance specifications in 
paragraph (b)(3)(ii) of this section, emission data for each regulated 
pollutant and oxygen (or carbon dioxide as established in paragraph 
(b)(5) of this section) must be collected concurrently (or within a 30- 
to 60-minute period) by both the continuous emissions monitoring systems 
and the test methods specified in paragraphs (b)(4)(i) through 
(b)(4)(viii) of this section. Relative accuracy testing must be at 
representative operating conditions while the SSI unit is charging 
sewage sludge.
    (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A-3 
or Method 26A or 29 at 40 CFR part 60, appendix A-8 shall be used.
    (ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60, 
appendix A-8, shall be used as specified in Tables 2 and 3 to this 
subpart.
    (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part 60, 
appendix A-4, shall be used.
    (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A-7, 
shall be used.
    (v) For mercury, cadmium, and lead, Method 29 at 40 CFR part 60, 
appendix A-8 shall be used. Alternatively for mercury, Method 30B at 40 
CFR part 60, appendix A-8 or ASTM D6784-02 (Reapproved 2008) 
(incorporated by reference, see Sec. 60.17), may be used.
    (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60, appendix 
A-4, shall be used.
    (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60, appendix 
A-4, or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17) must be used. For sources that have actual 
inlet emissions less than 100 parts per million dry volume, the relative 
accuracy criterion for inlet sulfur dioxide continuous emissions 
monitoring system should be no greater than 20 percent of the mean value 
of the method test data in terms of the units of the emission standard, 
or 5 parts per million dry volume absolute value of the mean difference 
between the method and the continuous emissions monitoring system, 
whichever is greater.
    (viii) For oxygen (or carbon dioxide as established in (b)(5) of 
this section), Method 3A or 3B at 40 CFR part 60, appendix A-2, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec. 60.17), as applicable, must be used.
    (5) You may request that compliance with the emission limits be 
determined using carbon dioxide measurements corrected to an equivalent 
of 7 percent oxygen. If carbon dioxide is selected for use in diluent 
corrections, the relationship between oxygen and carbon dioxide levels 
must be established during the initial performance test according to the 
procedures and methods specified in paragraphs (b)(5)(i) through 
(b)(5)(iv) of this section. This relationship may be re-established 
during subsequent performance tests.
    (i) The fuel factor equation in Method 3B at 40 CFR part 60, 
appendix A-2 must be used to determine the relationship between oxygen 
and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR 
part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec. 60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (6) You must operate the continuous monitoring system and collect 
data with the continuous monitoring system as follows:

[[Page 1127]]

    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (b)(6)(ii) of this section, except for periods of 
monitoring system malfunctions that occur during periods specified in 
Sec. 60.4880(a)(7)(i), repairs associated with monitoring system 
malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments). Any such periods that you do 
not collect data using the continuous monitoring system constitute a 
deviation from the monitoring requirements and must be reported in a 
deviation report.
    (ii) You must collect continuous emissions monitoring system data in 
accordance with Sec. 60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities conducted 
during monitoring system malfunctions must not be included in 
calculations used to report emissions or operating levels. Any such 
periods must be reported in a deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec. 60.4880(a)(7)(i), repairs 
associated with periods when the monitoring system is out of control, or 
required monitoring system quality assurance or control activities 
conducted during out-of-control periods must not be included in 
calculations used to report emissions or operating levels. Any such 
periods that do not coincide with a monitoring system malfunction 
constitute a deviation from the monitoring requirements and must be 
reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (b)(6)(iii) and (b)(6)(iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (7) If you elect to use a continuous automated sampling system 
instead of conducting annual performance testing, you must:
    (i) Install, calibrate, maintain, and operate a continuous automated 
sampling system according to the site-specific monitoring plan developed 
in Sec. 60.58b(p)(1) through (p)(6), (p)(9), (p)(10), and (q).
    (ii) Collect data according to Sec. 60.58b(p)(5) and paragraph 
(b)(6) of this section.
    (c) Air pollution control device inspections. You must conduct air 
pollution control device inspections that include, at a minimum, the 
following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Generally observe that the equipment is maintained in good 
operating condition.
    (3) Develop a site-specific monitoring plan according to the 
requirements in Sec. 60.4880. This requirement also applies to you if 
you petition the EPA Administrator for alternative monitoring parameters 
under Sec. 60.13(i).
    (d) Bypass stack. Use of the bypass stack at any time that sewage 
sludge is being charged to the SSI unit is an emissions standards 
deviation for all pollutants listed in Table 1 or 2 to this subpart. The 
use of the bypass stack during a performance test invalidates the 
performance test.



Sec. 60.4905  What are the monitoring and calibration requirements
for compliance with my operating limits?

    (a) You must install, operate, calibrate, and maintain the 
continuous parameter monitoring systems according to the requirements in 
paragraphs (a)(1) and (2) of this section.
    (1) Meet the following general requirements for flow, pressure, pH, 
and operating temperature measurement devices:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (a)(1)(ii) of this section, except for periods of 
monitoring system malfunctions that occur during periods specified in 
Sec. 60.4880(a)(7)(i), repairs associated with monitoring system 
malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero

[[Page 1128]]

and span adjustments). Any such periods that you do not collect data 
using the continuous monitoring system constitute a deviation from the 
monitoring requirements and must be reported in a deviation report.
    (ii) You must collect continuous parameter monitoring system data in 
accordance with Sec. 60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities conducted 
during monitoring system malfunctions must not be included in 
calculations used to report emissions or operating levels. Any such 
periods must be reported in your annual deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec. 60.4880(a)(7)(i), repairs 
associated with periods when the monitoring system is out of control, or 
required monitoring system quality assurance or control activities 
conducted during out-of-control periods must not be included in 
calculations used to report emissions or operating levels. Any such 
periods that do not coincide with a monitoring system malfunction, as 
defined in Sec. 60.4930, constitute a deviation from the monitoring 
requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (a)(1)(iii) and (a)(1)(iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (vi) Record the results of each inspection, calibration, and 
validation check.
    (2) Operate and maintain your continuous monitoring system according 
to your monitoring plan required under Sec. 60.4880. Additionally:
    (i) For carrier gas flow rate monitors (for activated carbon 
injection), during the performance test conducted pursuant to Sec. 
60.4885, you must demonstrate that the system is maintained within 
5 percent accuracy, according to the procedures in 
appendix A to part 75 of this chapter.
    (ii) For carrier gas pressure drop monitors (for activated carbon 
injection), during the performance test conducted pursuant to Sec. 
60.4885, you must demonstrate that the system is maintained within 
5 percent accuracy.
    (b) You must operate and maintain your bag leak detection system in 
continuous operation according to your monitoring plan required under 
Sec. 60.4880. Additionally:
    (1) For positive pressure fabric filter systems that do not duct all 
compartments of cells to a common stack, a bag leak detection system 
must be installed in each baghouse compartment or cell.
    (2) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (3) You must initiate procedures to determine the cause of every 
alarm within 8 hours of the alarm, and you must alleviate the cause of 
the alarm within 24 hours of the alarm by taking whatever corrective 
action(s) are necessary. Corrective actions may include, but are not 
limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
particulate matter emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate matter 
emissions.
    (c) You must operate and maintain the continuous parameter 
monitoring systems specified in paragraphs (a) and (b) of this section 
in continuous operation according to your monitoring plan required under 
Sec. 60.4880.
    (d) If your SSI unit has a bypass stack, you must install, calibrate 
(to manufacturers' specifications), maintain, and operate a device or 
method for measuring the use of the bypass stack including date, time, 
and duration.

[[Page 1129]]

                       Recordkeeping and Reporting



Sec. 60.4910  What records must I keep?

    You must maintain the items (as applicable) specified in paragraphs 
(a) through (n) of this section for a period of at least 5 years. All 
records must be available on site in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.
    (a) Date. Calendar date of each record.
    (b) Siting. All documentation produced as a result of the siting 
requirements of Sec. Sec. 60.4800 and 60.4805.
    (c) Operator Training. Documentation of the operator training 
procedures and records specified in paragraphs (c)(1) through (c)(4) of 
this section. You must make available and readily accessible at the 
facility at all times for all SSI unit operators the documentation 
specified in paragraph (c)(1) of this section.
    (1) Documentation of the following operator training procedures and 
information:
    (i) Summary of the applicable standards under this subpart.
    (ii) Procedures for receiving, handling, and feeding sewage sludge.
    (iii) Incinerator startup, shutdown, and malfunction preventative 
and corrective procedures.
    (iv) Procedures for maintaining proper combustion air supply levels.
    (v) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (vi) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (vii) Reporting and recordkeeping procedures.
    (viii) Procedures for handling ash.
    (ix) A list of the materials burned during the performance test, if 
in addition to sewage sludge.
    (x) For each qualified operator and other plant personnel who may 
operate the unit according to the provisions of Sec. 60.4835(a), the 
phone and/or pager number at which they can be reached during operating 
hours.
    (2) Records showing the names of SSI unit operators and other plant 
personnel who may operate the unit according to the provisions of Sec. 
60.4835(a), as follows:
    (i) Records showing the names of SSI unit operators and other plant 
personnel who have completed review of the information in paragraph 
(c)(1) of this section as required by Sec. 60.4840(b), including the 
date of the initial review and all subsequent annual reviews.
    (ii) Records showing the names of the SSI operators who have 
completed the operator training requirements under Sec. 60.4810, met 
the criteria for qualification under Sec. 60.4820, and maintained or 
renewed their qualification under Sec. 60.4825 or Sec. 60.4830. 
Records must include documentation of training, including the dates of 
their initial qualification and all subsequent renewals of such 
qualifications.
    (3) Records showing the periods when no qualified operators were 
accessible for more than 8 hours, but less than 2 weeks, as required in 
Sec. 60.4835(a).
    (4) Records showing the periods when no qualified operators were 
accessible for 2 weeks or more along with copies of reports submitted as 
required in Sec. 60.4835(b).
    (d) Air pollution control device inspections. Records of the results 
of initial and annual air pollution control device inspections conducted 
as specified in Sec. Sec. 60.4875 and 60.4900(c), including any 
required maintenance and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (e) Performance test reports.
    (1) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and standards and/or to establish operating limits, as 
applicable.
    (2) Retain a copy of the complete performance test report, including 
calculations.
    (3) Keep a record of the hourly dry sludge feed rate measured during 
performance test runs, as specified in Sec. 60.4900(a)(2)(i).
    (4) Keep any necessary records to demonstrate that the performance 
test was conducted under conditions representative of normal operations, 
including a record of the moisture content measured as required in Sec. 
60.4900(a)(2)(ii) for each grab sample

[[Page 1130]]

taken of the sewage sludge burned during the performance test.
    (f) Continuous monitoring data. Records of the following data, as 
applicable:
    (1) For continuous emissions monitoring systems, all 1-hour average 
concentrations of particulate matter, hydrogen chloride, carbon 
monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides, 
sulfur dioxide, cadmium, and lead emissions.
    (2) For continuous automated sampling systems, all average 
concentrations measured for mercury and dioxins/furans total mass basis 
at the frequencies specified in your monitoring plan.
    (3) For continuous parameter monitoring systems:
    (i) All 1-hour average values recorded for the following operating 
parameters, as applicable:
    (A) Combustion chamber operating temperature (or afterburner 
temperature).
    (B) If a wet scrubber is used to comply with the rule, pressure drop 
across each wet scrubber system, liquid flow rate to each wet scrubber 
used to comply with the emission limit in Table 1 or 2 to this subpart 
for particulate matter, cadmium, or lead, and scrubber liquid flow rate 
and scrubber liquid pH for each wet scrubber used to comply with an 
emission limit in Table 1 or 2 to this subpart for sulfur dioxide or 
hydrogen chloride.
    (C) If an electrostatic precipitator is used to comply with the 
rule, secondary voltage and secondary amperage of the electrostatic 
precipitator collection plates, and effluent water flow rate at the 
outlet of the wet electrostatic precipitator.
    (D) If activated carbon injection is used to comply with the rule, 
sorbent flow rate and carrier gas flow rate or pressure drop, as 
applicable.
    (ii) All daily average values recorded for the feed rate and 
moisture content of the sewage sludge fed to the sewage sludge 
incinerator, monitored and calculated as specified in Sec. 60.4850(f).
    (iii) If a fabric filter is used to comply with the rule, the date, 
time, and duration of each alarm and the time corrective action was 
initiated and completed, and a brief description of the cause of the 
alarm and the corrective action taken. You must also record the percent 
of operating time during each 6-month period that the alarm sounds, 
calculated as specified in Sec. 60.4890.
    (iv) For other control devices for which you must establish 
operating limits under Sec. 60.4855, you must maintain data collected 
for all operating parameters used to determine compliance with the 
operating limits, at the frequencies specified in your monitoring plan.
    (g) Other records for continuous monitoring systems. You must keep 
the following records, as applicable:
    (1) Keep records of any notifications to the Administrator in Sec. 
60.4915(h)(1) of starting or stopping use of a continuous monitoring 
system for determining compliance with any emissions limit.
    (2) Keep records of any requests under Sec. 60.4900(b)(5) that 
compliance with the emission limits be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen.
    (3) If activated carbon injection is used to comply with the rule, 
the type of sorbent used and any changes in the type of sorbent used.
    (h) Deviation Reports. Records of any deviation reports submitted 
under Sec. 60.4915(e) and (f).
    (i) Equipment specifications and operation and maintenance 
requirements. Equipment specifications and related operation and 
maintenance requirements received from vendors for the incinerator, 
emission controls, and monitoring equipment.
    (j) Inspections, calibrations, and validation checks of monitoring 
devices. Records of inspections, calibrations, and validations checks of 
any monitoring devices as required under Sec. Sec. 60.4900 and 60.4905.
    (k) Monitoring plan and performance evaluations for continuous 
monitoring systems. Records of the monitoring plans required under Sec. 
60.4880, and records of performance evaluations required under Sec. 
60.4885(b)(5).
    (l) Less frequent testing. If, consistent with 60.4885(a)(3), you 
elect to conduct performance tests less frequently than annually, you 
must keep annual

[[Page 1131]]

records that document that your emissions in the 2 previous consecutive 
years were at or below 75 percent of the applicable emission limit in 
Table 1 or 2 to this subpart, and document that there were no changes in 
source operations or air pollution control equipment that would cause 
emissions of the relevant pollutant to increase within the past 2 years.
    (m) Use of bypass stack. Records indicating use of the bypass stack, 
including dates, times, and durations as required under Sec. 
60.4905(d).
    (n) If a malfunction occurs, you must keep a record of the 
information submitted in your annual report in Sec. 60.4915(d)(16).



Sec. 60.4915  What reports must I submit?

    You must submit the reports specified in paragraphs (a) through (j) 
of this section. See Table 5 to this subpart for a summary of these 
reports.
    (a) Notification of construction. You must submit a notification 
prior to commencing construction that includes the four items listed in 
paragraphs (a)(1) through (a)(4) of this section:
    (1) A statement of intent to construct.
    (2) The anticipated date of commencement of construction.
    (3) All documentation produced as a result of the siting 
requirements of Sec. 60.4805.
    (4) Anticipated date of initial startup.
    (b) Notification of initial startup. You must submit the information 
specified in paragraphs (b)(1) through (b)(5) of this section prior to 
initial startup:
    (1) The maximum design dry sludge burning capacity.
    (2) The anticipated and permitted maximum dry sludge feed rate.
    (3) If applicable, the petition for site-specific operating limits 
specified in Sec. 60.4855.
    (4) The anticipated date of initial startup.
    (5) The site-specific monitoring plan required under Sec. 60.4880, 
at least 60 days before your initial performance evaluation of your 
continuous monitoring system.
    (6) The site-specific monitoring plan for your ash handling system 
required under Sec. 60.4880, at least 60 days before your initial 
performance test to demonstrate compliance with your fugitive ash 
emission limit.
    (c) Initial compliance report. You must submit the following 
information no later than 60 days following the initial performance 
test.
    (1) Company name, physical address, and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report.
    (4) The complete test report for the initial performance test 
results obtained by using the test methods specified in Table 1 or 2 to 
this subpart.
    (5) If an initial performance evaluation of a continuous monitoring 
system was conducted, the results of that initial performance 
evaluation.
    (6) The values for the site-specific operating limits established 
pursuant to Sec. Sec. 60.4850 and 60.4855 and the calculations and 
methods, as applicable, used to establish each operating limit.
    (7) If you are using a fabric filter to comply with the emission 
limits, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec. 60.4850(b).
    (8) The results of the initial air pollution control device 
inspection required in Sec. 60.4875, including a description of 
repairs.
    (d) Annual compliance report. You must submit an annual compliance 
report that includes the items listed in paragraphs (d)(1) through 
(d)(16) of this section for the reporting period specified in paragraph 
(d)(3) of this section. You must submit your first annual compliance 
report no later than 12 months following the submission of the initial 
compliance report in paragraph (c) of this section. You must submit 
subsequent annual compliance reports no more than 12 months following 
the previous annual compliance report. (You may be required to submit 
these reports (or additional compliance information) more frequently by 
the title V operating permit required in Sec. 60.4920.)
    (1) Company name, physical address, and mailing address.

[[Page 1132]]

    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If a performance test was conducted during the reporting period, 
the results of that performance test.
    (i) If operating limits were established during the performance 
test, include the value for each operating limit and, as applicable, the 
method used to establish each operating limit, including calculations.
    (ii) If activated carbon is used during the performance test, 
include the type of activated carbon used.
    (5) For each pollutant and operating parameter recorded using a 
continuous monitoring system, the highest average value and lowest 
average value recorded during the reporting period, as follows:
    (i) For continuous emission monitoring systems and continuous 
automated sampling systems, report the highest and lowest 24-hour 
average emission value.
    (ii) For continuous parameter monitoring systems, report the 
following values:
    (A) For all operating parameters except scrubber liquid pH, the 
highest and lowest 12-hour average values.
    (B) For scrubber liquid pH, the highest and lowest 3-hour average 
values.
    (6) If there are no deviations during the reporting period from any 
emission limit, emission standard, or operating limit that applies to 
you, a statement that there were no deviations from the emission limits, 
emission standard, or operating limits.
    (7) Information for bag leak detection systems recorded under Sec. 
60.4910(f)(3)(iii).
    (8) If a performance evaluation of a continuous monitoring system 
was conducted, the results of that performance evaluation. If new 
operating limits were established during the performance evaluation, 
include your calculations for establishing those operating limits.
    (9) If you elect to conduct performance tests less frequently as 
allowed in Sec. 60.4885(a)(3) and did not conduct a performance test 
during the reporting period, you must include the dates of the last two 
performance tests, a comparison of the emission level you achieved in 
the last two performance tests to the 75 percent emission limit 
threshold specified in Sec. 60.4885(a)(3), and a statement as to 
whether there have been any process changes and whether the process 
change resulted in an increase in emissions.
    (10) Documentation of periods when all qualified SSI unit operators 
were unavailable for more than 8 hours, but less than 2 weeks.
    (11) Results of annual air pollution control device inspections 
recorded under Sec. 60.4910(d) for the reporting period, including a 
description of repairs.
    (12) If there were no periods during the reporting period when your 
continuous monitoring systems had a malfunction, a statement that there 
were no periods during which your continuous monitoring systems had a 
malfunction.
    (13) If there were no periods during the reporting period when a 
continuous monitoring system was out of control, a statement that there 
were no periods during which your continuous monitoring system was out 
of control.
    (14) If there were no operator training deviations, a statement that 
there were no such deviations during the reporting period.
    (15) If you did not make revisions to your site-specific monitoring 
plan during the reporting period, a statement that you did not make any 
revisions to your site-specific monitoring plan during the reporting 
period. If you made revisions to your site-specific monitoring plan 
during the reporting period, a copy of the revised plan.
    (16) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.
    (e) Deviation reports.

[[Page 1133]]

    (1) You must submit a deviation report if:
    (i) Any recorded operating parameter level, based on the averaging 
time specified in Table 3 to this subpart, is above the maximum 
operating limit or below the minimum operating limit established under 
this subpart.
    (ii) The bag leak detection system alarm sounds for more than 5 
percent of the operating time for the 6-month reporting period.
    (iii) Any recorded 24-hour block average emissions level is above 
the emission limit, if a continuous monitoring system is used to comply 
with an emission limit.
    (iv) There are visible emissions of combustion ash from an ash 
conveying system for more than 5 percent of the hourly observation 
period.
    (v) A performance test was conducted that deviated from any emission 
limit in Table 1 or 2 to this subpart.
    (vi) A continuous monitoring system was out of control.
    (vii) You had a malfunction (e.g., continuous monitoring system 
malfunction) that caused or may have caused any applicable emission 
limit to be exceeded.
    (2) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).
    (3) For each deviation where you are using a continuous monitoring 
system to comply with an associated emission limit or operating limit, 
report the items described in paragraphs (e)(3)(i) through (e)(3)(viii) 
of this section.
    (i) Company name, physical address, and mailing address.
    (ii) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (iii) The calendar dates and times your unit deviated from the 
emission limits, emission standards, or operating limits requirements.
    (iv) The averaged and recorded data for those dates.
    (v) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits, and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vi) Dates, times, and causes for monitor downtime incidents.
    (vii) A copy of the operating parameter monitoring data during each 
deviation and any test report that documents the emission levels.
    (viii) If there were periods during which the continuous monitoring 
system malfunctioned or was out of control, you must include the 
following information for each deviation from an emission limit or 
operating limit:
    (A) The date and time that each malfunction started and stopped.
    (B) The date, time, and duration that each continuous monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (C) The date, time, and duration that each continuous monitoring 
system was out of control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (D) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction, during a 
period when the system as out of control, or during another period.
    (E) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (F) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (G) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the SSI unit at which the continuous monitoring system 
downtime occurred during that reporting period.
    (H) An identification of each parameter and pollutant that was 
monitored at the SSI unit.
    (I) A brief description of the SSI unit.

[[Page 1134]]

    (J) A brief description of the continuous monitoring system.
    (K) The date of the latest continuous monitoring system 
certification or audit.
    (L) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (4) For each deviation where you are not using a continuous 
monitoring system to comply with the associated emission limit or 
operating limit, report the following items:
    (i) Company name, physical address, and mailing address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (iii) The total operating time of each affected SSI during the 
reporting period.
    (iv) The calendar dates and times your unit deviated from the 
emission limits, emission standards, or operating limits requirements.
    (v) The averaged and recorded data for those dates.
    (vi) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standard, and operating limits, and 
your corrective actions.
    (B) Bypass events and your corrective actions.
    (vii) A copy of any performance test report that showed a deviation 
from the emission limits or standard.
    (viii) A brief description of any malfunction reported in paragraph 
(e)(1)(vii) of this section, including a description of actions taken 
during the malfunction to minimize emissions in accordance with 60.11(d) 
and to correct the malfunction.
    (f) Qualified operator deviation.
    (1) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this section.
    (i) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (f)(1)(i)(A) through (f)(1)(i)(C) 
of this section.
    (A) A statement of what caused the deviation.
    (B) A description of actions taken to ensure that a qualified 
operator is accessible.
    (C) The date when you anticipate that a qualified operator will be 
available.
    (ii) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (f)(1)(ii)(A) through 
(f)(1)(ii)(C) of this section.
    (A) A description of actions taken to ensure that a qualified 
operator is accessible.
    (B) The date when you anticipate that a qualified operator will be 
accessible.
    (C) Request for approval from the Administrator to continue 
operation of the SSI unit.
    (2) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.4835(b)(2)(i), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator within 
5 days of meeting Sec. 60.4835(b)(2)(ii) that you are resuming 
operation.
    (g) Notification of a force majeure. If a force majeure is about to 
occur, occurs, or has occurred for which you intend to assert a claim of 
force majeure:
    (1) You must notify the Administrator, in writing as soon as 
practicable following the date you first knew, or through due diligence 
should have known that the event may cause or caused a delay in 
conducting a performance test beyond the regulatory deadline, but the 
notification must occur before the performance test deadline unless the 
initial force majeure or a subsequent force majeure event delays the 
notice, and in such cases, the notification must occur as soon as 
practicable.
    (2) You must provide to the Administrator a written description of 
the force majeure event and a rationale for attributing the delay in 
conducting the performance test beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which you propose to conduct the 
performance test.

[[Page 1135]]

    (h) Other notifications and reports required. You must submit other 
notifications as provided by Sec. 60.7 and as follows:
    (1) You must notify the Administrator 1 month before starting or 
stopping use of a continuous monitoring system for determining 
compliance with any emission limit.
    (2) You must notify the Administrator at least 30 days prior to any 
performance test conducted to comply with the provisions of this 
subpart, to afford the Administrator the opportunity to have an observer 
present.
    (3) As specified in Sec. 60.4900(a)(8), you must notify the 
Administrator at least 7 days prior to the date of a rescheduled 
performance test for which notification was previously made in paragraph 
(h)(2) of this section.
    (i) Report submission form.
    (1) Submit initial, annual, and deviation reports electronically or 
in paper format, postmarked on or before the submittal due dates.
    (2) As of January 1, 2012 and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2, conducted to 
demonstrate compliance with this subpart, you must submit relative 
accuracy test audit (i.e., reference method) data and performance test 
(i.e., compliance test) data, except opacity data, electronically to 
EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief/ert/ert--tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (j) Changing report dates. If the Administrator agrees, you may 
change the semi-annual or annual reporting dates. See Sec. 60.19(c) for 
procedures to seek approval to change your reporting date.

                        Title V Operating Permits



Sec. 60.4920  Am I required to apply for and obtain a title V 
operating permit for my unit?

    Yes, if you are subject to this subpart, you are required to apply 
for and obtain a Title V operating permit unless you meet the relevant 
requirements for an exemption specified in Sec. 60.4780.



Sec. 60.4925  When must I submit a title V permit application for my new SSI unit?

    (a) If your new SSI unit subject to this subpart is not subject to 
an earlier permit application deadline, a complete Title V permit 
application must be submitted on or before one of the dates specified in 
paragraph (a)(1) or (a)(2) of this section. (See section 503(c) of the 
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i)).
    (1) For a SSI unit that commenced operation as a new SSI unit as of 
March 21, 2011, then a complete title V permit application must be 
submitted not later than March 21, 2012.
    (2) For a SSI unit that does not commence operation as a new SSI 
unit until after March 21, 2011, then a complete title V permit 
application must be submitted not later than 12 months after the date 
the unit commences operation as a new source.
    (b) If your new SSI unit subject to this subpart is subject to title 
V as a result of some triggering requirement(s) other than this subpart 
(for example, a unit subject to this subpart may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraph (a) of this 
section. If more than one requirement triggers a source's obligation to 
apply for a title V permit, the 12-month timeframe for filing a title V 
permit application is triggered by the requirement that first causes the 
source to be subject to title V. (See section 503(c) of the Clean Air 
Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and 
(b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the

[[Page 1136]]

Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

                               Definitions



Sec. 60.4930  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and Sec. 60.2.
    Affected source means a sewage sludge incineration unit as defined 
in Sec. 60.4930.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil, 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance, or other principle 
to monitor relative particulate matter loadings.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single integrated sample(s) or multiple integrated sample(s) of the 
pollutant (or diluent gas) for subsequent on- or off-site analysis; 
integrated sample(s) collected are representative of the emissions for 
the sample time as specified by the applicable requirement.
    Continuous emissions monitoring system means a monitoring system for 
continuously measuring and recording the emissions of a pollutant from 
an affected facility.
    Continuous monitoring system (CMS) means a continuous emissions 
monitoring system, continuous automated sampling system, continuous 
parameter monitoring system, or other manual or automatic monitoring 
that is used for demonstrating compliance with an applicable regulation 
on a continuous basis as defined by this subpart. The term refers to the 
total equipment used to sample and condition (if applicable), to 
analyze, and to provide a permanent record of emissions or process 
parameters.
    Continuous parameter monitoring system means a monitoring system for 
continuously measuring and recording operating conditions associated 
with air pollution control device systems (e.g., operating temperature, 
pressure, and power).
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limit, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Electrostatic precipitator or wet electrostatic precipitator means 
an air pollution control device that uses both electrical forces and, if 
applicable, water to remove pollutants in the exit gas from a sewage 
sludge incinerator stack.
    Existing sewage sludge incineration unit means a sewage sludge 
incineration unit the construction of which is commenced on or before 
October 14, 2010.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Fluidized bed incinerator means an enclosed device in which organic 
matter and inorganic matter in sewage sludge

[[Page 1137]]

are combusted in a bed of particles suspended in the combustion chamber 
gas.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification means a change to an existing SSI unit later than 
September 21, 2011 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
SSI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the SSI unit used to calculate these costs, see the definition of SSI 
unit.
    (2) Any physical change in the SSI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Modified sewage sludge incineration (SSI) unit means an existing SSI 
unit that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that 
contains a number of solid refractory hearths and a central rotating 
shaft; rabble arms that are designed to slowly rake the sludge on the 
hearth are attached to the rotating shaft. Dewatered sludge enters at 
the top and proceeds downward through the furnace from hearth to hearth, 
pushed along by the rabble arms.
    New sewage sludge incineration unit means a SSI unit the 
construction of which is commenced after October 14, 2010 which would be 
applicable to such unit or a modified solid waste incineration unit.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of sewage sludge is combusted 
at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from 
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or 
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of 
the test-run average secondary voltage and the test-run average 
secondary amperage to the electrostatic precipitator collection plates.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to:
    (1) A change in the process employed at the wastewater treatment 
facility associated with the affected SSI unit (e.g., the addition of 
tertiary treatment at the facility, which changes the method used for 
disposing of process solids and processing of the sludge prior to 
incineration).
    (2) A change in the air pollution control devices used to comply 
with the emission limits for the affected SSI unit (e.g., change in the 
sorbent used for activated carbon injection).
    Sewage sludge means solid, semi-solid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes, but is not limited to, domestic septage; scum or solids 
removed in primary, secondary, or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge does 
not include ash generated during the firing of sewage sludge in a sewage 
sludge incineration unit or grit and screenings generated during 
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is fed 
into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit 
combusting sewage sludge for the purpose of reducing the volume of the 
sewage sludge by removing combustible matter. Sewage sludge incineration 
unit designs include fluidized bed and multiple hearth. A SSI unit also 
includes, but is not limited to, the sewage sludge feed system, 
auxiliary fuel feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and

[[Page 1138]]

bottom ash system. The SSI unit includes all ash handling systems 
connected to the bottom ash handling system. The combustion unit bottom 
ash system ends at the truck loading station or similar equipment that 
transfers the ash to final disposal. The SSI unit does not include air 
pollution control equipment or the stack.
    Shutdown means the period of time after all sewage sludge has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sewage sludge from a waste 
treatment plant, water supply treatment plant, or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid, or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations, and from community 
activities, but does not include solid or dissolved material in domestic 
sewage, or solid or dissolved materials in irrigation return flows or 
industrial discharges which are point sources subject to permits under 
section 402 of the Federal Water Pollution Control Act, as amended (33 
U.S.C. 1342), or source, special nuclear, or byproduct material as 
defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup means the period of time between the activation, including 
the firing of fuels (e.g., natural gas or distillate oil), of the system 
and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an 
individual dioxin isomer in an environmental mixture and the 
corresponding estimate of the compound-specific toxicity relative to 
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency 
factor for that compound. Table 4 to this subpart lists the toxic 
equivalency factors.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquid to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    You means the owner or operator of a SSI unit that meets the 
criteria in Sec. 60.4770.

      Table 1 to Subpart LLLL of Part 60--Emission Limits and Standards for New Fluidized Bed Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                 Using these  averaging
                                          You must meet this      methods and  minimum       And determining
        For the air pollutant             emission limit \a\      sampling  volumes or    compliance using this
                                                                       durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...................  9.6 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-3;
                                                                 meters per run).         Method 26A or Method
                                                                                          29 at 40 CFR part 60,
                                                                                          appendix A-8).
Hydrogen chloride....................  0.24 parts per million   3-run average (Collect   Performance test
                                        by dry volume.           a minimum volume of 1    (Method 26A at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).

[[Page 1139]]

 
Carbon monoxide......................  27 parts per million by  24-hour block average    Continuous emissions
                                        dry volume.              (using 1-hour averages   monitoring system.
                                                                 of data). For            (Performance
                                                                 determining compliance   Specification 4B of
                                                                 with the carbon          this part, using a low-
                                                                 monoxide concentration   range span of 100 ppm
                                                                 limit using carbon       and a high-range span
                                                                 monoxide CEMS, the       of 1000 ppm, and a RA
                                                                 correction to 7          of 0.5 ppm instead of
                                                                 percent oxygen does      5 ppm specified in
                                                                 not apply during         section 13.2. For the
                                                                 periods of startup or    cylinder gas audit of
                                                                 shutdown. Use the        Procedure 1,  15%
                                                                 monoxide concentration   or 0.5 whichever is
                                                                 without correcting for   greater).
                                                                 oxygen concentration
                                                                 in averaging with
                                                                 other carbon monoxide
                                                                 concentrations
                                                                 (corrected to 7
                                                                 percent oxygen) to
                                                                 determine the 24-hour
                                                                 average value.
Dioxins/furans (total mass basis); or  0.013 nanograms per dry  3-run average (collect   Performance test
Dioxins/furans (toxic equivalency       standard cubic meter     a minimum volume of 3    (Method 23 at 40 CFR
 basis) \b\.                            (total mass basis); or   dry standard cubic       part 60, appendix A-
                                       0.0044 nanograms per      meters per run).         7).
                                        dry standard cubic
                                        meter (toxic
                                        equivalency basis).
Mercury..............................  0.0010 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 at 40 CFR
                                        meter.                   D6784-02 (Reapproved     part 60, appendix A-8;
                                                                 2008),\c\ collect a      Method 30B at 40 CFR
                                                                 minimum volume of 3      part 60, appendix A-8;
                                                                 dry standard cubic       or ASTM D6784-02
                                                                 meters per run. For      (Reapproved 2008).\c\
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A-8).
Oxides of nitrogen...................  30 parts per million by  3-run average (Collect   Performance test
                                        dry volume.              sample for a minimum     (Method 7 or 7E at 40
                                                                 duration of one hour     CFR part 60, appendix
                                                                 per run).                A-4).
Sulfur dioxide.......................  5.3 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 100    CFR part 40, appendix
                                                                 liters per run. For      A-4; or ANSI/ASME PTC
                                                                 Method 6C, sample for    19.10-1981.\c\
                                                                 a minimum duration of
                                                                 one hour per run).
Cadmium..............................  0.0011 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use GFAAS or ICP/
                                                                                          MS for the analytical
                                                                                          finish.
Lead.................................  0.00062 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 3    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8.
                                                                 meters per run).         Use GFAAS or ICP/MS
                                                                                          for the analytical
                                                                                          finish.
Fugitive emissions from ash handling.  Visible emissions of     Three 1-hour             Visible emission test
                                        combustion ash from an   observation periods.     (Method 22 of appendix
                                        ash conveying system                              A-7 of this part).
                                        (including conveyor
                                        transfer points) for
                                        no more than 5 percent
                                        of the hourly
                                        observation period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec. 60.17.


[[Page 1140]]


     Table 2 to Subpart LLLL of Part 60--Emission Limits and Standards for New Multiple Hearth Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                 Using these averaging
                                          You must meet this      methods and minimum        And determining
        For the air pollutant             emission limit \a\      sampling volumes or     compliance using this
                                                                       durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...................  60 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of      (Method 5 at 40 CFR
                                                                 0.75 dry standard        part 60, appendix A-3;
                                                                 cubic meters per run).   Method 26A or Method
                                                                                          29 at 40 CFR part 60,
                                                                                          appendix A-8).
Hydrogen chloride....................  1.2 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 200    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meters per run).
Carbon monoxide......................  52 parts per million by  24-hour block average    Continuous emissions
                                        dry volume.              (using 1-hour averages   monitoring system.
                                                                 of data).                (Performance
                                                                                          Specification 4B of
                                                                                          this part, using a low-
                                                                                          range span of 100 ppm
                                                                                          and a high-range span
                                                                                          of 1000 ppm, and a
                                                                                          relative accuracy of
                                                                                          0.5 ppm instead of 5
                                                                                          ppm specified in
                                                                                          section 13.2. For the
                                                                                          cylinder gas audit of
                                                                                          Procedure 1,  15%
                                                                                          or 0.5 whichever is
                                                                                          greater).
Dioxins/furans (total mass basis); or  0.045 nanograms per dry  3-run average (collect   Performance test
Dioxins/furans (toxic equivalency       standard cubic meter     a minimum volume of 3    (Method 23 at 40 CFR
 basis) \b\.                            (total mass basis); or   dry standard cubic       part 60, appendix A-
                                       0.0022 nanograms per      meters per run).         7).
                                        dry standard cubic
                                        meter (toxic
                                        equivalency basis).
Mercury..............................  0.15 milligrams per dry  3-run average (For       Performance test
                                        standard cubic meter.    Method 29 and ASTM       (Method 29 at 40 CFR
                                                                 D6784-02 (Reapproved     part 60, appendix A-8;
                                                                 2008),\c\ collect a      Method 30B at 40 CFR
                                                                 minimum volume of 1      part 60, appendix A-8;
                                                                 dry standard cubic       or ASTM D6784-02
                                                                 meters per run. For      (Reapproved 2008).\c\
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A-8).
Oxides of nitrogen...................  210 parts per million    3-run average (Collect   Performance test
                                        by dry volume.           sample for a minimum     (Method 7 or 7E at 40
                                                                 duration of one hour     CFR part 60, appendix
                                                                 per run).                A-4).
Sulfur dioxide.......................  26 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 200    CFR part 40, appendix
                                                                 liters per run. For      A-4; or ANSI/ASME PTC
                                                                 Method 6C, collect       19.10-1981.\c\
                                                                 sample for a minimum
                                                                 duration of one hour
                                                                 per run).
Cadmium..............................  0.0024 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use GFAAS or ICP/
                                                                                          MS for the analytical
                                                                                          finish.
Lead.................................  0.0035 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8.
                                                                 meters per run).         Use GFAAS or ICP/MS
                                                                                          for the analytical
                                                                                          finish.
Fugitive emissions from ash handling.  Visible emissions of     Three 1-hour             Visible emission test
                                        combustion ash from an   observation periods.     (Method 22 of appendix
                                        ash conveying system                              A-7 of this part).
                                        (including conveyor
                                        transfer points) for
                                        no more than 5 percent
                                        of the hourly
                                        observation period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.

[[Page 1141]]

 
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec. 60.17.


[[Page 1142]]


                          Table 3 to Subpart LLLL of Part 60--Operating Parameters for New Sewage Sludge Incineration Units \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      And monitor using these minimum frequencies
                                    You must establish these -------------------------------------------------------------------------------------------
  For these operating parameters        operating limits                                                                     Data  averaging period for
                                                                     Data measurement             Data  recording \b\                compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          All sewage sludge incineration units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Combustion chamber operating       Minimum combustion         Continuous...................  Every 15 minutes.............  12-hour block.
 temperature or afterburner         chamber operating
 temperature.                       temperature or
                                    afterburner temperature.
Fugitive emissions from ash        Site-specific operating    Not applicable...............  Not applicable...............  Not applicable.
 handling.                          requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pressure drop across each wet      Minimum pressure drop....  Continuous...................  Every 15 minutes.............  12-hour block.
 scrubber.
Scrubber liquid flow rate........  Minimum flow rate........  Continuous...................  Every 15 minutes.............  12-hour block.
Scrubber liquid pH...............  Minimum pH...............  Continuous...................  Every 15 minutes.............  3-hour block.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Fabric Filter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak         Maximum alarm time of the bag leak detection system alarm (this operating limit is provided in Sec. 60.4850 and is
 detection system alarm.            not established on a site-specific basis).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Electrostatic precipitator
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary voltage of the           Minimum power input to     Continuous...................  Hourly.......................  12-hour block.
 electrostatic precipitator         the electrostatic
 collection plates.                 precipitator collection
                                    plates.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary amperage of the
 electrostatic precipitator
 collection plates.
Effluent water flow rate at the    Minimum effluent water     Hourly.......................  Hourly.......................  12-hour block.
 outlet of the electrostatic        flow rate at the outlet
 precipitator.                      of the electrostatic
                                    precipitator.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Activated carbon injection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate...  Minimum mercury sorbent    Hourly.......................  Hourly.......................  12-hour block.
                                    injection rate.
Dioxin/furan sorbent injection     Minimum dioxin/furan
 rate.                              sorbent injection rate.
Carrier gas flow rate or carrier   Minimum carrier gas flow   Continuous...................  Every 15 minutes.............  12-hour block.
 gas pressure drop.                 rate or minimum carrier
                                    gas pressure drop.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec. 60.4870, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing
  certain operating limits.
\b\ This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data
  recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-
  hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages.


[[Page 1143]]


      Table 4 to Subpart LLLL of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                                Toxic
                    Dioxin/furan isomer                      equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.................             1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin...............             1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin...........          0.01
octachlorinated dibenzo-p-dioxin..........................        0.0003
2,3,7,8-tetrachlorinated dibenzofuran.....................           0.1
2,3,4,7,8-pentachlorinated dibenzofuran...................           0.3
1,2,3,7,8-pentachlorinated dibenzofuran...................          0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran..................           0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran...............          0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran...............          0.01
octachlorinated dibenzofuran..............................        0.0003
------------------------------------------------------------------------


[[Page 1144]]


 Table 5 to Subpart LLLL of Part 60--Summary of Reporting Requirements for New Sewage Sludge Incineration Units
                                                       \a\
----------------------------------------------------------------------------------------------------------------
            Report                   Due date                  Contents                       Reference
----------------------------------------------------------------------------------------------------------------
Notification of construction..  Prior to           1. Statement of intent to         Sec. 60.4915(a).
                                 commencing         construct.
                                 construction.     2. Anticipated date of
                                                    commencement of construction..
                                                   3. Documentation for siting
                                                    requirements..
                                                   4. Anticipated date of initial
                                                    startup..
Notification of initial         Prior to initial   1. Maximum design dry sewage      Sec. 60.4915(b).
 startup.                        startup.           sludge burning capacity.
                                                   2. Anticipated and permitted
                                                    maximum feed rate..
                                                   3. If applicable, the petition
                                                    for site-specific operating
                                                    limits..
                                                   4. Anticipated date of initial
                                                    startup..
                                                   5. Site-specific monitoring
                                                    plan..
                                                   6. The site-specific monitoring
                                                    plan for your ash handling
                                                    system..
Initial compliance report.....  No later than 60   1. Company name and address.....  Sec. 60.4915(c).
                                 days following    2. Statement by a responsible
                                 the initial        official, with that official's
                                 performance test.  name, title, and signature,
                                                    certifying the accuracy of the
                                                    content of the report..
                                                   3. Date of report...............
                                                   4. Complete test report for the
                                                    initial performance test..
                                                   5. Results of CMS \b\
                                                    performance evaluation..
                                                   6. The values for the site-
                                                    specific operating limits and
                                                    the calculations and methods,
                                                    as applicable, used to
                                                    establish each operating limit..
                                                   7. Documentation of installation
                                                    of bag leak detection system
                                                    for fabric filter..
                                                   8. Results of initial air
                                                    pollution control device
                                                    inspection, including a
                                                    description of repairs..

[[Page 1145]]

 
Annual compliance report......  No later than 12   1. Company name and address.....  Sec. Sec. 60.4915(d).
                                 months following  2. Statement and signature by
                                 the submission     responsible official..
                                 of the initial    3. Date and beginning and ending
                                 compliance         dates of report..
                                 report;           4. If a performance test was
                                 subsequent         conducted during the reporting
                                 reports are to     period, the results of the
                                 be submitted no    test, including any new
                                 more than 12       operating limits and associated
                                 months following   calculations and the type of
                                 the previous       activated carbon used, if
                                 report.            applicable..
                                                   5. For each pollutant and
                                                    operating parameter recorded
                                                    using a CMS, the highest
                                                    recorded 3-hour average and the
                                                    lowest recorded 3-hour average,
                                                    as applicable..
                                                   6. If no deviations from
                                                    emission limits, emission
                                                    standards, or operating limits
                                                    occurred, a statement that no
                                                    deviations occurred..
                                                   7. If a fabric filter is used,
                                                    the date, time, and duration of
                                                    alarms..
                                                   8. If a performance evaluation
                                                    of a CMS was conducted, the
                                                    results, including any new
                                                    operating limits and their
                                                    associated calculations..
                                                   9. If you met the requirements
                                                    of Sec. 60.4885(a)(3) and did
                                                    not conduct a performance test,
                                                    include the dates of the last
                                                    three performance tests, a
                                                    comparison to the 50 percent
                                                    emission limit threshold of the
                                                    emission level achieved in the
                                                    last three performance tests,
                                                    and a statement as to whether
                                                    there have been any process
                                                    changes..
                                                   10. Documentation of periods
                                                    when all qualified SSI unit
                                                    operators were unavailable for
                                                    more than 8 hours but less than
                                                    2 weeks..
                                                   11. Results of annual pollutions
                                                    control device inspections,
                                                    including description of
                                                    repairs..
                                                   12. If there were no periods
                                                    during which your CMSs had
                                                    malfunctions, a statement that
                                                    there were no periods during
                                                    which your CMSs had
                                                    malfunctions..
                                                   13. If there were no periods
                                                    during which your CMSs were out
                                                    of control, a statement that
                                                    there were no periods during
                                                    which your CMSs were out of
                                                    control..
                                                   14. If there were no operator
                                                    training deviations, a
                                                    statement that there were no
                                                    such deviations..
                                                   15. Information on monitoring
                                                    plan revisions, including a
                                                    copy of any revised monitoring
                                                    plan..

[[Page 1146]]

 
Deviation report (deviations    By August 1 of a   If using a CMS: 1. Company name   Sec. 60.4915(e).
 from emission limits,           calendar year      and address.
 emission standards, or          for data          2. Statement by a responsible
 operating limits, as            collected during   official..
 specified in Sec. the first half    3. The calendar dates and times
 60.4915(e)(1)).                 of the calendar    your unit deviated from the
                                 year; by           emission limits or operating
                                 February 1 of a    limits..
                                 calendar year     4. The averaged and recorded
                                 for data           data for those dates..
                                 collected during  5. Duration and cause of each
                                 the second half    deviation..
                                 of the calendar   6. Dates, times, and causes for
                                 year.              monitor downtime incidents..
                                                   7. A copy of the operating
                                                    parameter monitoring data
                                                    during each deviation and any
                                                    test report that documents the
                                                    emission levels..
                                                   8. For periods of CMS
                                                    malfunction or when a CMS was
                                                    out of control, you must
                                                    include the information
                                                    specified in Sec.
                                                    60.4915(e)(3)(viii)..
                                                   If not using a CMS:.............
                                                   1. Company name and address.....
                                                   2. Statement by a responsible
                                                    official..
                                                   3. The total operating time of
                                                    each affected SSI..
                                                   4. The calendar dates and times
                                                    your unit deviated from the
                                                    emission limits, emission
                                                    standard, or operating limits..
                                                   5. The averaged and recorded
                                                    data for those dates..
                                                   6. Duration and cause of each
                                                    deviation..
                                                   7. A copy of any performance
                                                    test report that showed a
                                                    deviation from the emission
                                                    limits or standards..
                                                   8. A brief description of any
                                                    malfunction, a description of
                                                    actions taken during the
                                                    malfunction to minimize
                                                    emissions, and corrective
                                                    action taken..
Notification of qualified       Within 10 days of  1. Statement of cause of          Sec. 60.4915(f).
 operator deviation (if all      deviation.         deviation.
 qualified operators are not                       2. Description of actions taken
 accessible for 2 weeks or                          to ensure that a qualified
 more).                                             operator will be available.
                                                   3. The date when a qualified
                                                    operator will be accessible..
Notification of status of       Every 4 weeks      1. Description of actions taken   Sec. 60.4915(f).
 qualified operator deviation.   following          to ensure that a qualified
                                 notification of    operator is accessible.
                                 deviation.        2. The date when you anticipate
                                                    that a qualified operator will
                                                    be accessible..
                                                   3. Request for approval to
                                                    continue operation..
Notification of resumed         Within 5 days of   1. Notification that you have     Sec. 60.4915(f).
 operation following shutdown    obtaining a        obtained a qualified operator
 (due to qualified operator      qualified          and are resuming operation.
 deviation and as specified in   operator and
 Sec. 60.4835(b)(2)(i).        resuming
                                 operation.

[[Page 1147]]

 
Notification of a force         As soon as         1. Description of the force       Sec. 60.4915(g).
 majeure.                        practicable        majeure event.
                                 following the     2. Rationale for attributing the
                                 date you first     delay in conducting the
                                 knew, or through   performance test beyond the
                                 due diligence      regulatory deadline to the
                                 should have        force majeure..
                                 known that the    3. Description of the measures
                                 event may cause    taken or to be taken to
                                 or caused a        minimize the delay..
                                 delay in          4. Identification of the date by
                                 conducting a       which you propose to conduct
                                 performance test   the performance test..
                                 beyond the
                                 regulatory
                                 deadline; the
                                 notification
                                 must occur
                                 before the
                                 performance test
                                 deadline unless
                                 the initial
                                 force majeure or
                                 a subsequent
                                 force majeure
                                 event delays the
                                 notice, and in
                                 such cases, the
                                 notification
                                 must occur as
                                 soon as
                                 practicable.
Notification of intent to       1 month before     1. Intent to start or stop use    Sec. 60.4915(h).
 start or stop use of a CMS.     starting or        of a CMS.
                                 stopping use of
                                 a CMS.
Notification of intent to       At least 30 days   1. Intent to conduct a
 conduct a performance test.     prior to the       performance test to comply with
                                 performance test.  this subpart.
Notification of intent to       At least 7 days    1. Intent to conduct a
 conduct a rescheduled           prior to the       rescheduled performance test to
 performance test.               date of a          comply with this subpart.
                                 rescheduled
                                 performance test.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.


[[Page 1148]]


    Source: 76 FR 15404, Mar. 21, 2011, unless otherwise noted.



   Subpart MMMM_Emission Guidelines and Compliance Times for Existing 
                    Sewage Sludge Incineration Units

    Source: 76 FR 15404, Mar. 21, 2011, unless otherwise noted.

    Effective Date Note: At 76 FR 15404, Mar. 21, 2011, subpart MMMM was 
added, effective May 20, 2011. At 76 FR 28661, May 18, 2011, the 
effective date was delayed indefinitely.

                              Introduction



60.5000  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from sewage sludge incineration 
(SSI) units. The pollutants addressed by these emission guidelines are 
listed in Tables 2 and 3 to this subpart. These emission guidelines are 
developed in accordance with sections 111(d) and 129 of the Clean Air 
Act and subpart B of this part. To the extent any requirement of this 
subpart is inconsistent with the requirements of subpart A of this part, 
the requirements of this subpart will apply.



Sec. 60.5005  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more SSI units that 
commenced construction on or before October 14, 2010, you must submit a 
state plan to U.S. Environmental Protection Agency (EPA) that implements 
the emission guidelines contained in this subpart.
    (b) You must submit the state plan to EPA by March 21, 2012.



Sec. 60.5010  Is a state plan required for all states?

    No. You are not required to submit a state plan if there are no SSI 
units for which construction commenced on or before October 14, 2010 in 
your state, and you submit a negative declaration letter in place of the 
state plan.



Sec. 60.5015  What must I include in my state plan?

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



Sec. 60.5020  Is there an approval process for my state plan?

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

[[Page 1149]]



Sec. 60.5025  What if my state plan is not approvable?

    If you do not submit an approvable state plan (or a negative 
declaration letter) by March 21, 2013, EPA will develop a Federal plan 
according to Sec. 60.27 to implement the emission guidelines contained 
in this subpart. Owners and operators of SSI units not covered by an 
approved state plan must comply with the Federal plan. The Federal plan 
is an interim action and will be automatically withdrawn when your state 
plan is approved.



Sec. 60.5030  Is there an approval process for a negative declaration
letter?

    No. The EPA has no formal review process for negative declaration 
letters. Once your negative declaration letter has been received, EPA 
will place a copy in the public docket and publish a notice in the 
Federal Register. If, at a later date, a SSI unit for which construction 
commenced on or before October 14, 2010 is found in your state, the 
Federal plan implementing the emission guidelines contained in this 
subpart would automatically apply to that SSI unit until your state plan 
is approved.



Sec. 60.5035  What compliance schedule must I include in my state plan?

    (a) For SSI units that commenced construction on or before October 
14, 2010, your state plan must include compliance schedules that require 
SSI units to achieve final compliance as expeditiously as practicable 
after approval of the state plan but not later than the earlier of the 
two dates specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) March 21, 2016.
    (2) Three years after the effective date of state plan approval.
    (b) For compliance schedules that extend more than 1 year following 
the effective date of state plan approval, state plans must include 
dates for enforceable increments of progress as specified in Sec. 
60.5090.



Sec. 60.5040  Are there any state plan requirements for this subpart
that apply instead of the requirements specified in subpart B?

    Yes. Subpart B establishes general requirements for developing and 
processing section 111(d) state plans. This subpart applies instead of 
the requirements in subpart B of this part, as specified in paragraphs 
(a) and (b) of this section:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all SSI units to comply by the dates specified in 
Sec. 60.5035. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in Sec. 
60.24(f).
    (b) State plans developed to implement this subpart are required to 
include two increments of progress for the affected SSI units. These two 
minimum increments are the final control plan submittal date and final 
compliance date in Sec. 60.21(h)(1) and (5). This applies instead of 
the requirement of Sec. 60.24(e)(1) that would require a state plan to 
include all five increments of progress for all SSI units.



Sec. 60.5045  In lieu of a state plan submittal, are there other
acceptable option(s) for a state to meet its section 111(d)/129 (b)

(2) obligations?

    Yes, a state may meet its Clean Air Act section 111(d)/129 
obligations by submitting an acceptable written request for delegation 
of the Federal plan that meets the requirements of this section. This is 
the only other option for a state to meet its section 111(d)/129 
obligations.
    (a) An acceptable Federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the Federal plan.
    (2) The items under Sec. 60.5015(a)(1), (a)(2), and (a)(7).
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief

[[Page 1150]]

written summary of each presentation or written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the 
Regional Administrator that sets forth the terms, conditions, and 
effective date of the delegation and that serves as the mechanism for 
the transfer of authority. Additional guidance and information is given 
in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement 
of 111(d)(2) and 111(d)/(2)/129 (b)(3) Federal plans.
    (b) A state with an already approved SSI Clean Air Act section 
111(d)/129 state plan is not precluded from receiving EPA approval of a 
delegation request for the revised Federal plan, provided the 
requirements of paragraph (a) of this section are met, and at the time 
of the delegation request, the state also requests withdrawal of EPA's 
previous state plan approval.
    (c) A state's Clean Air Act section 111(d)/129 obligations are 
separate from its obligations under title V of the Clean Air Act.



Sec. 60.5050  What authorities will not be delegated to state, 
local, or tribal agencies?

    The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (a) through (g) of this 
section.
    (a) Approval of alternatives to the emission limits and standards in 
Tables 2 and 3 to this subpart and operating limits established under 
Sec. 60.5175 or Sec. 60.5190.
    (b) Approval of major alternatives to test methods.
    (c) Approval of major alternatives to monitoring.
    (d) Approval of major alternatives to recordkeeping and reporting.
    (e) The requirements in Sec. 60.5175.
    (f) The requirements in Sec. 60.5155(b)(2).
    (g) Performance test and data reduction waivers under Sec. 60.8(b).



Sec. 60.5055  Does this subpart directly affect SSI unit owners and
operators in my state?

    (a) No. This subpart does not directly affect SSI unit owners and 
operators in your state. However, SSI unit owners and operators must 
comply with the state plan you develop to implement the emission 
guidelines contained in this subpart. States may choose to incorporate 
the model rule text directly in their state plan.
    (b) If you do not submit an approvable plan to implement and enforce 
the guidelines contained in this subpart by March 21, 2012, EPA will 
implement and enforce a Federal plan, as provided in Sec. 60.5025, to 
ensure that each unit within your state that commenced construction on 
or before October 14, 2010 reaches compliance with all the provisions of 
this subpart by the dates specified in Sec. 60.5035.

                      Applicability of State Plans



Sec. 60.5060  What SSI units must I address in my state plan?

    (a) Your state plan must address SSI units that meet all three 
criteria described in paragraphs (a)(1) through (3) of this section.
    (1) SSI units in your state that commenced construction on or before 
October 14, 2010.
    (2) SSI units that meet the definition of a SSI unit as defined in 
Sec. 60.5250.
    (3) SSI units not exempt under Sec. 60.5065.
    (b) If the owner or operator of a SSI unit makes changes that meet 
the definition of modification after September 21, 2011, the SSI unit 
becomes subject to subpart LLLL of this part and the state plan no 
longer applies to that unit.
    (c) If the owner or operator of a SSI unit makes physical or 
operational changes to a SSI unit for which construction commenced on or 
before September 21, 2011 primarily to comply with your state plan, 
subpart LLLL of this part does not apply to that unit. Such changes do 
not qualify as modifications under subpart LLLL of this part.



Sec. 60.5065  What SSI units are exempt from my state plan?

    This subpart exempts combustion units that incinerate sewage sludge 
and are not located at a wastewater treatment facility designed to treat 
domestic sewage sludge. These units may be subject to another subpart of 
this part (e.g., subpart CCCC of this part).

[[Page 1151]]

The owner or operator of such a combustion unit must notify the 
Administrator of an exemption claim under this section.

                            Use of Model Rule



Sec. 60.5070  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of these emission guidelines 
(Sec. Sec. 60.5085 through 60.5250) that addresses the regulatory 
requirements applicable to SSI units. The model rule provides these 
requirements in regulation format. You must develop a state plan that is 
at least as protective as the model rule. You may use the model rule 
language as part of your state plan. Alternative language may be used in 
your state plan if you demonstrate that the alternative language is at 
least as protective as the model rule contained in this subpart.
    (b) In the model rule of Sec. Sec. 60.5085 through 60.5250, ``you'' 
and ``Administrator'' have the meaning specified in Sec. 60.5250.



Sec. 60.5075  How does the model rule relate to the required elements 
of my state plan?

    Use the model rule to satisfy the state plan requirements specified 
in Sec. 60.5015(a)(3) through (a)(5).



Sec. 60.5080  What are the principal components of the model rule?

    The model rule contains the nine major components listed in 
paragraphs (a) through (i) of this section.
    (a) Increments of progress toward compliance.
    (b) Operator training and qualification.
    (c) Emission limits, emission standards, and operating limits.
    (d) Initial compliance requirements.
    (e) Continuous compliance requirements.
    (f) Performance testing, monitoring, and calibration requirements.
    (g) Recordkeeping and reporting.
    (h) Definitions.
    (i) Tables.

                   Model Rule--Increments of Progress



Sec. 60.5085  What are my requirements for meeting increments of
progress and achieving final compliance?

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



Sec. 60.5090  When must I complete each increment of progress?

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



Sec. 60.5095  What must I include in the notifications of achievement
of increments of progress?

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



Sec. 60.5100  When must I submit the notifications of achievement
of increments of progress?

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



Sec. 60.5105  What if I do not meet an increment of progress?

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

[[Page 1152]]



Sec. 60.5110  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the four items 
described in paragraphs (a)(1) through (a)(4) of this section.
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission limits and 
standards and other requirements of this subpart.
    (2) The type(s) of waste to be burned, if waste other than sewage 
sludge is burned in the unit.
    (3) The maximum design sewage sludge burning capacity.
    (4) If applicable, the petition for site-specific operating limits 
under Sec. 60.5175.
    (b) Maintain an onsite copy of the final control plan.



Sec. 60.5115  How do I comply with the increment of progress for 
achieving final compliance?

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



Sec. 60.5120  What must I do if I close my SSI unit and 
then restart it?

    (a) If you close your SSI unit but will restart it prior to the 
final compliance date in your state plan, you must meet the increments 
of progress specified in Sec. 60.5085.
    (b) If you close your SSI unit but will restart it after your final 
compliance date, you must complete emission control retrofits and meet 
the emission limits, emission standards, and operating limits on the 
date your unit restarts operation.



Sec. 60.5125  What must I do if I plan to permanently close my SSI
unit and not restart it?

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

             Model Rule--Operator Training and Qualification



Sec. 60.5130  What are the operator training and qualification
requirements?

    (a) A SSI unit cannot be operated unless a fully trained and 
qualified SSI unit operator is accessible, either at the facility or can 
be at the facility within 1 hour. The trained and qualified SSI unit 
operator may operate the SSI unit directly or be the direct supervisor 
of one or more other plant personnel who operate the unit. If all 
qualified SSI unit operators are temporarily not accessible, you must 
follow the procedures in Sec. 60.5155.
    (b) Operator training and qualification must be obtained through a 
state-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (c)(3) of this section.
    (1) Training on the 10 subjects listed in paragraphs (c)(1)(i) 
through (c)(1)(x) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, sewage sludge feeding, and 
shutdown procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to prevent malfunctions or to prevent conditions that 
may lead to malfunctions.
    (viii) Bottom and fly ash characteristics and handling procedures.

[[Page 1153]]

    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (2) An examination designed and administered by the state-approved 
program.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec. 60.5135  When must the operator training course be completed?

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



Sec. 60.5140  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec. 60.5130(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec. 60.5130(c)(2).



Sec. 60.5145  How do I maintain my operator qualification?

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



Sec. 60.5150  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification before you begin 
operation of a SSI unit by one of the two methods specified in 
paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.5145.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.5140(a).



Sec. 60.5155  What if all the qualified operators are temporarily 
not accessible?

    If a qualified operator is not at the facility and cannot be at the 
facility within 1 hour, you must meet the criteria specified in either 
paragraph (a) or (b) of this section, depending on the length of time 
that a qualified operator is not accessible.
    (a) When a qualified operator is not accessible for more than 8 
hours, the SSI unit may be operated for less than 2 weeks by other plant 
personnel who are familiar with the operation of the SSI unit and who 
have completed a review of the information specified in Sec. 60.5160 
within the past 12 months. However, you must record the period when a 
qualified operator was not accessible and include this deviation in the 
annual report as specified under Sec. 60.5235(d).
    (b) When a qualified operator is not accessible for 2 weeks or more, 
you must take the two actions that are described in paragraphs (b)(1) 
and (b)(2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible, and requesting approval from the Administrator to 
continue operation of the SSI unit. You must submit the first status

[[Page 1154]]

report 4 weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section.
    (i) If the Administrator notifies you that your request to continue 
operation of the SSI unit is disapproved, the SSI unit may continue 
operation for 30 days, and then must cease operation.
    (ii) Operation of the unit may resume if a qualified operator is 
accessible as required under Sec. 60.5130(a). You must notify the 
Administrator within 5 days of having resumed operations and of having a 
qualified operator accessible.



Sec. 60.5160  What site-specific documentation is required and
how often must it be reviewed by qualified operators 

and plant personnel?

    (a) You must maintain at the facility the documentation of the 
operator training procedures specified under Sec. 60.5230(c)(1) and 
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information 
listed in Sec. 60.5230(c)(1) with each qualified incinerator operator 
and other plant personnel who may operate the unit according to the 
provisions of Sec. 60.5155(a), according to the following schedule:
    (1) The initial review of the information listed in Sec. 
60.5230(c)(1) must be conducted within 6 months after the effective date 
of this subpart or prior to an employee's assumption of responsibilities 
for operation of the SSI unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in Sec. 
60.5230(c)(1) must be conducted no later than 12 months following the 
previous review.

 Model Rule--Emission Limits, Emission Standards, and Operating Limits 
                            and Requirements



Sec. 60.5165  What emission limits and standards must I meet and by when?

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



Sec. 60.5170  What operating limits and requirements must
I meet and by when?

    You must meet, as applicable, the operating limits and requirements 
specified in paragraphs (a) through (d) and (h) of this section, 
according to the schedule specified in paragraph (e) of this section. 
The operating parameters for which you will establish operating limits 
for a wet scrubber, fabric filter, electrostatic precipitator, or 
activated carbon injection are listed in Table 4 to this subpart. You 
must comply with the operating requirements in paragraph (f) of this 
section and the requirements in paragraph (g) of this section for 
meeting any new operating limits, re-established in Sec. 60.5210. The 
operating limits apply at all times that sewage sludge is in the 
combustion chamber (i.e., until the sewage sludge feed to the combustor 
has been cut off for a period of time not less than the sewage sludge 
incineration residence time).
    (a) You must meet a site-specific operating limit for minimum 
operating temperature of the combustion chamber (or afterburner 
combustion chamber) that you establish in Sec. 60.5190.
    (b) If you use a wet scrubber, electrostatic precipitator, activated 
carbon injection, or afterburner to comply with an emission limit, you 
must meet the site-specific operating limits that you establish in Sec. 
60.5190 for each operating parameter associated with each air pollution 
control device.
    (c) If you use a fabric filter to comply with the emission limits, 
you must install the bag leak detection system specified in Sec. Sec. 
60.5200(b) and 60.5225(b)(3)(i) and operate the bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. You must calculate the alarm 
time as specified in Sec. 60.5210(a)(2)(i).

[[Page 1155]]

    (d) You must meet the operating requirements in your site-specific 
fugitive emission monitoring plan, submitted as specified in Sec. 
60.5200(d) to ensure that your ash handling system will meet the 
emission standard for fugitive emissions from ash handling.
    (e) You must meet the operating limits and requirements specified in 
paragraphs (a) through (d) of this section by the final compliance date 
under the approved state plan, Federal plan, or delegation, as 
applicable.
    (f) You must monitor the feed rate and moisture content of the 
sewage sludge fed to the sewage sludge incinerator, as specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) Continuously monitor the sewage sludge feed rate and calculate a 
daily average for all hours of operation during each 24-hour period. 
Keep a record of the daily average feed rate, as specified in Sec. 
60.5230(f)(3)(ii).
    (2) Take at least one grab sample per day of the sewage sludge fed 
to the sewage sludge incinerator. If you take more than one grab sample 
in a day, calculate the daily average for the grab samples. Keep a 
record of the daily average moisture content, as specified in Sec. 
60.5230(f)(3)(ii).
    (g) For the operating limits and requirements specified in 
paragraphs (a) through (d) and (h) of this section, you must meet any 
new operating limits and requirements, re-established according to Sec. 
60.5210(d).
    (h) If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator, or activated carbon 
injection to comply with the emission limits in Table 2 or 3 to this 
subpart, you must meet any site-specific operating limits or 
requirements that you establish as required in Sec. 60.5175.



Sec. 60.5175  How do I establish operating limits if I do not use a 
wet scrubber, fabric filter, electrostatic precipitator, activated

carbon injection, or 
          afterburner, or if I limit emissions in some other manner, to 
          comply with the emission limits?

    If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator, activated carbon 
injection, or afterburner, or limit emissions in some other manner 
(e.g., materials balance) to comply with the emission limits in Sec. 
60.5165, you must meet the requirements in paragraphs (a) and (b) of 
this section.
    (a) Meet the applicable operating limits and requirements in Sec. 
60.4850, and establish applicable operating limits according to Sec. 
60.5190.
    (b) Petition the Administrator for specific operating parameters, 
operating limits, and averaging periods to be established during the 
initial performance test and to be monitored continuously thereafter.
    (1) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. You must not conduct the initial 
performance test until after the petition has been approved by the 
Administrator, and you must comply with the operating limits as written, 
pending approval by the Administrator. Neither submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application relieves you of the responsibility to comply with any 
provision of this subpart.
    (2) Your petition must include the five items listed in paragraphs 
(b)(2)(i) through (b)(2)(v) of this section.
    (i) Identification of the specific parameters you propose to 
monitor.
    (ii) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (iii) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters, including a discussion of the averaging periods 
associated with those parameters for determining compliance.
    (iv) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well as 
the relative accuracy and precision of these methods and instruments.
    (v) A discussion identifying the frequency and methods for 
recalibrating

[[Page 1156]]

the instruments you will use for monitoring these parameters.



Sec. 60.5180  Do the emission limits, emission standards, and 
operating limits apply during periods of startup, shutdown,

and malfunction?

    The emission limits and standards apply at all times and during 
periods of malfunction. The operating limits apply at all times that 
sewage sludge is in the combustion chamber (i.e., until the sewage 
sludge feed to the combustor has been cut off for a period of time not 
less than the sewage sludge incineration residence time). For 
determining compliance with the CO concentration limit using CO CEMS, 
the correction to 7 percent oxygen does not apply during periods of 
startup or shutdown. Use the measured CO concentration without 
correcting for oxygen concentration in averaging with other CO 
concentrations (corrected to 7 percent O2) to determine the 
24-hour average value.



Sec. 60.5181  How do I establish an affirmative defense for exceedance
of an emission limit or standard during malfunction?

    In response to an action to enforce the numerical emission standards 
set forth in paragraph Sec. 60.5165, you may assert an affirmative 
defense to a claim for civil penalties for exceedances of emission 
limits that are caused by malfunction, as defined in Sec. 60.2. 
Appropriate penalties may be assessed however, if you fail to meet your 
burden of proving all of the requirements in the affirmative defense. 
The affirmative defense shall not be available for claims for injunctive 
relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that the conditions in paragraphs (a)(1) through (a)(9) of this 
section are met.
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner, and (ii) Could not have 
been prevented through careful planning, proper design or better 
operation and maintenance practices, and (iii) Did not stem from any 
activity or event that could have been foreseen and avoided, or planned 
for, and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance, and
    (2) Repairs were made as expeditiously as possible when the 
applicable emission limits were being exceeded. Off-shift and overtime 
labor were used, to the extent practicable to make these repairs, and 
(3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions, and (4) If the excess emissions 
resulted from a bypass of control equipment or a process, then the 
bypass was unavoidable to prevent loss of life, personal injury, or 
severe property damage, and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health, and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible consistent with safety and good air 
pollution control practices, and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs, and
    (8) At all times, the affected facility was operated in a manner 
consistent with good practices for minimizing emissions, and
    (9) A written root cause analysis has been prepared the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) The owner or operator of the SSI unit experiencing an exceedance 
of its emission limit(s) during a malfunction, shall notify the 
Administrator by telephone or facsimile (fax) transmission as soon as 
possible, but no later than 2 business days after the initial occurrence 
of the malfunction, if it wishes to

[[Page 1157]]

avail itself of an affirmative defense to civil penalties for that 
malfunction. The owner or operator seeking to assert an affirmative 
defense shall also submit a written report to the Administrator within 
45 days of the initial occurrence of the exceedance of the standard in 
Sec. 60.5165 to demonstrate, with all necessary supporting 
documentation, that it has met the requirements set forth in paragraph 
(a) of this section. The owner or operator may seek an extension of this 
deadline for up to 30 additional days by submitting a written request to 
the Administrator before the expiration of the 45 day period. Until a 
request for an extension has been approved by the Administrator, the 
owner or operator is subject to the requirement to submit such report 
within 45 days of the initial occurrence of the exceedance.

               Model Rule--Initial Compliance Requirements



Sec. 60.5185  How and when do I demonstrate initial compliance with
the emission limits and standards?

    To demonstrate initial compliance with the emission limits and 
standards in Table 2 or 3 to this subpart, use the procedures specified 
in paragraph (a) of this section. In lieu of using the procedures 
specified in paragraph (a) of this section, you have the option to 
demonstrate initial compliance using the procedures specified in 
paragraph (b) of this section for particulate matter, hydrogen chloride, 
carbon monoxide, dioxins/furans (total mass basis or toxic equivalency 
basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead, and 
fugitive emissions from ash handling. You must meet the requirements of 
paragraphs (a) and (b) of this section, as applicable, and paragraphs 
(c) through (e) of this section, according to the performance testing, 
monitoring, and calibration requirements in Sec. 60.5220(a) and (b).
    (a) Demonstrate initial compliance using the performance test 
required in Sec. 60.8. You must demonstrate that your SSI unit meets 
the emission limits and standards specified in Table 2 or 3 to this 
subpart for particulate matter, hydrogen chloride, carbon monoxide, 
dioxins/furans (total mass basis or toxic equivalency basis), mercury, 
nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive emissions 
from ash handling using the performance test. The initial performance 
test must be conducted using the test methods, averaging methods, and 
minimum sampling volumes or durations specified in Table 2 or 3 to this 
subpart and according to the testing, monitoring, and calibration 
requirements specified in Sec. 60.5220(a).
    (1) Except as provided in paragraph (e) of this section, you must 
demonstrate that your SSI unit meets the emission limits and standards 
specified in Table 2 or 3 to this subpart by your final compliance date 
(see Table 1 to this subpart).
    (2) You may use the results from a performance test conducted within 
the 2 previous years that was conducted under the same conditions and 
demonstrated compliance with the emission limits and standards in Table 
2 or 3 to this subpart, provided no process changes have been made since 
you conducted that performance test. However, you must continue to meet 
the operating limits established during the most recent performance test 
that demonstrated compliance with the emission limits and standards in 
Table 2 or 3 to this subpart. The performance test must have used the 
test methods specified in Table 2 or 3 to this subpart.
    (b) Demonstrate initial compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option to 
use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium, or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium, or lead is published in the Federal Register. The 
option to use a continuous automated sampling system for dioxins/furans 
takes effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec. 60.5220(b)(6) and use the 
following procedures:
    (1) To demonstrate initial compliance with the emission limits 
specified in Table 2 or 3 to this subpart for particulate matter, 
hydrogen chloride,

[[Page 1158]]

carbon monoxide, dioxins/furans (total mass basis or toxic equivalency 
basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, and lead, you 
may substitute the use of a continuous monitoring system in lieu of 
conducting the initial performance test required in paragraph (a) of 
this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(1) of this section 
in lieu of conducting the initial performance test for that pollutant in 
paragraph (a) of this section. For determining compliance with the 
carbon monoxide concentration limit using carbon monoxide CEMS, the 
correction to 7 percent oxygen does not apply during periods of startup 
or shutdown. Use the measured carbon monoxide concentration without 
correcting for oxygen concentration in averaging with other carbon 
monoxide concentrations (corrected to 7 percent oxygen) to determine the 
24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (2) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in Table 2 or 3 
to this subpart, as described in paragraph (b)(1) of this section, you 
must use the continuous emissions monitoring system and follow the 
requirements specified in Sec. 60.5220(b). You must measure emissions 
according to Sec. 60.13 to calculate 1-hour arithmetic averages, 
corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate 
initial compliance using a 24-hour block average of these 1-hour 
arithmetic average emission concentrations, calculated using Equation 
19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to demonstrate 
compliance with an applicable emission limit in Table 2 or 3 to this 
subpart, as described in paragraph (b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec. 
60.58b(p) and (q), and measure and calculate average emissions corrected 
to 7 percent oxygen (or carbon dioxide) according to Sec. 60.58b(p) and 
your monitoring plan.
    (A) Use the procedures specified in Sec. 60.58b(p) to calculate 24-
hour block averages to determine compliance with the mercury emission 
limit in Table 2 to this subpart.
    (B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-
week block averages to determine compliance with the dioxin/furan (total 
mass basis or toxic equivalency basis) emission limit in Table 2 to this 
subpart.
    (ii) Comply with the provisions in Sec. 60.58b(q) to develop a 
monitoring plan. For mercury continuous automated sampling systems, you 
must use Performance Specification 12B of appendix B of part 75 and 
Procedure 5 of appendix F of this part.
    (4) Except as provided in paragraph (e) of this section, you must 
complete your initial performance evaluations required under your 
monitoring plan for any continuous emissions monitoring systems and 
continuous automated sampling systems by your final compliance date (see 
Table 1 to this subpart). Your performance evaluation must be conducted 
using the procedures and acceptance criteria specified in Sec. 
60.5200(a)(3).
    (c) To demonstrate initial compliance with the dioxins/furans toxic 
equivalency emission limit in Table 2 or 3 to this subpart, determine 
dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Multiply the concentration of each dioxin/furan (tetra- through 
octa-chlorinated) isomer by its corresponding toxic equivalency factor 
specified in Table 5 to this subpart. (3) Sum the products calculated in 
accordance with paragraph (c)(2) of this section to obtain the total 
concentration of dioxins/furans emitted in terms of toxic equivalency.
    (d) Submit an initial compliance report, as specified in Sec. 
60.5235(b).

[[Page 1159]]

    (e) If you demonstrate initial compliance using the performance test 
specified in paragraph (a) of this section, then the provisions of this 
paragraph (e) apply. If a force majeure is about to occur, occurs, or 
has occurred for which you intend to assert a claim of force majeure, 
you must notify the Administrator in writing as specified in Sec. 
60.5235(g). You must conduct the initial performance test as soon as 
practicable after the force majeure occurs. The Administrator will 
determine whether or not to grant the extension to the initial 
performance test deadline, and will notify you in writing of approval or 
disapproval of the request for an extension as soon as practicable. 
Until an extension of the performance test deadline has been approved by 
the Administrator, you remain strictly subject to the requirements of 
this subpart.



Sec. 60.5190  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified 
in paragraphs (b) through (h) of this section or established in Sec. 
60.5175, as applicable, during your initial performance tests required 
in Sec. 60.5185. You must meet the requirements in Sec. 60.5210(d) to 
confirm these operating limits or re-establishre-establish new operating 
limits using operating data recorded during any performance tests or 
performance evaluations required in Sec. 60.5205. You must follow the 
data measurement and recording frequencies and data averaging times 
specified in Table 4 to this subpart or as established in Sec. 60.5175, 
and you must follow the testing, monitoring, and calibration 
requirements specified in Sec. Sec. 60.5220 and 60.5225 or established 
in Sec. 60.5175. You are not required to establish operating limits for 
the operating parameters listed in Table 4 to this subpart for a control 
device if you use a continuous monitoring system to demonstrate 
compliance with the emission limits in Table 2 or 3 to this subpart for 
the applicable pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen 
chloride or sulfur dioxide, you are not required to establish an 
operating limit and monitor scrubber liquid flow rate or scrubber liquid 
pH if you use the continuous monitoring system specified in Sec. Sec. 
60.4865(b) and 60.4885(b) to demonstrate compliance with the emission 
limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate 
matter, cadmium, and lead, you are not required to establish an 
operating limit and monitor pressure drop across the scrubber or 
scrubber liquid flow rate if you use the continuous monitoring system 
specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for particulate matter, cadmium, and 
lead.
    (3) For an electrostatic precipitator designed to control emissions 
of particulate matter, cadmium, and lead, you are not required to 
establish an operating limit and monitor secondary voltage of the 
collection plates, secondary amperage of the collection plates, or 
effluent water flow rate at the outlet of the electrostatic precipitator 
if you use the continuous monitoring system specified in Sec. Sec. 
60.4865(b) and 60.4885(b) to demonstrate compliance with the emission 
limit for particulate matter, lead, and cadmium.
    (4) For an activated carbon injection system designed to control 
emissions of mercury, you are not required to establish an operating 
limit and monitor sorbent injection rate and carrier gas flow rate (or 
carrier gas pressure drop) if you use the continuous monitoring system 
specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for mercury.
    (5) For an activated carbon injection system designed to control 
emissions of dioxins/furans, you are not required to establish an 
operating limit and monitor sorbent injection rate and carrier gas flow 
rate (or carrier gas pressure drop) if you use the continuous monitoring 
system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for dioxins/furans (total mass basis 
or toxic equivalency basis).
    (b) Minimum pressure drop across each wet scrubber used to meet the 
particulate matter, lead, and cadmium emission limits in Table 2 or 3 to 
this

[[Page 1160]]

subpart, equal to the lowest 4-hour average pressure drop across each 
such wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter, lead, and cadmium 
emission limits.
    (c) Minimum scrubber liquid flow rate (measured at the inlet to each 
wet scrubber), equal to the lowest 4-hour average liquid flow rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits. (d) Minimum scrubber 
liquid pH for each wet scrubber used to meet the sulfur dioxide or 
hydrogen chloride emission limits in Table 2 or 3 to this subpart, equal 
to the lowest 1-hour average scrubber liquid pH measured during the most 
recent performance test demonstrating compliance with the sulfur dioxide 
and hydrogen chloride emission limits.
    (e) Minimum combustion chamber operating temperature (or minimum 
afterburner temperature), equal to the lowest 4-hour average combustion 
chamber operating temperature (or afterburner temperature) measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limits.
    (f) Minimum power input to the electrostatic precipitator collection 
plates, equal to the lowest 4-hour average secondary electric power 
measured during the most recent performance test demonstrating 
compliance with the particulate matter, lead, and cadmium emission 
limits. Power input must be calculated as the product of the secondary 
voltage and secondary amperage to the electrostatic precipitator 
collection plates. Both the secondary voltage and secondary amperage 
must be recorded during the performance test. (g) Minimum effluent water 
flow rate at the outlet of the electrostatic precipitator, equal to the 
lowest 4-hour average effluent water flow rate at the outlet of the 
electrostatic precipitator measured during the most recent performance 
test demonstrating compliance with the particulate matter, lead, and 
cadmium emission limits. (h) For activated carbon injection, establish 
the site-specific operating limits specified in paragraphs (h)(1) 
through (h)(3) of this section.
    (1) Minimum mercury sorbent injection rate, equal to the lowest 4-
hour average mercury sorbent injection rate measured during the most 
recent performance test demonstrating compliance with the mercury 
emission limit.
    (2) Minimum dioxin/furan sorbent injection rate, equal to the lowest 
4-hour average dioxin/furan sorbent injection rate measured during the 
most recent performance test demonstrating compliance with the dioxin/
furan (total mass basis or toxic equivalency basis) emission limit.
    (3) Minimum carrier gas flow rate or minimum carrier gas pressure 
drop, as follows:
    (i) Minimum carrier gas flow rate, equal to the lowest 4-hour 
average carrier gas flow rate measured during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour 
average carrier gas flow rate measured during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.



Sec. 60.5195  By what date must I conduct the initial air pollution 
control device inspection and make any necessary repairs?

    (a) You must conduct an air pollution control device inspection 
according to Sec. 60.5220(c) by the final compliance date under the 
approved state plan, Federal plan, or delegation, as applicable. For air 
pollution control devices installed after the final compliance date, you 
must conduct the air pollution control device inspection within 60 days 
after installation of the control device.
    (b) Within 10 operating days following the air pollution control 
device inspection under paragraph (a) of this section, all necessary 
repairs must be completed unless you obtain written approval from the 
Administrator establishing a date whereby all necessary repairs of the 
SSI unit must be completed.

[[Page 1161]]



Sec. 60.5200  How do I develop a site-specific monitoring plan for my 
continuous monitoring, bag leak detection, and ash handling systems,

and by what date 
          must I conduct an initial performance evaluation?

    You must develop and submit to the Administrator for approval a 
site-specific monitoring plan for each continuous monitoring system 
required under this subpart, according to the requirements in paragraphs 
(a) through (c) of this section. This requirement also applies to you if 
you petition the Administrator for alternative monitoring parameters 
under Sec. 60.13(i) and paragraph (e) of this section. If you use a 
continuous automated sampling system to comply with the mercury or 
dioxin/furan (total mass basis or toxic equivalency basis) emission 
limits, you must develop your monitoring plan as specified in Sec. 
60.58b(q), and you are not required to meet the requirements in 
paragraphs (a) and (b) of this section. You must also submit a site-
specific monitoring plan for your ash handling system, as specified in 
paragraph (d) of this section. You must submit and update your 
monitoring plans as specified in paragraphs (f) through (h) of this 
section.
    (a) For each continuous monitoring system, your monitoring plan must 
address the elements and requirements specified in paragraphs (a)(1) 
through (a)(8) of this section. You must operate and maintain the 
continuous monitoring system in continuous operation according to the 
site-specific monitoring plan.
    (1) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (i) For continuous emissions monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) The applicable requirements for continuous emissions monitoring 
systems specified in Sec. 60.13.
    (B) The applicable performance specifications (e.g., relative 
accuracy tests) in appendix B of this part.
    (C) The applicable procedures (e.g., quarterly accuracy 
determinations and daily calibration drift tests) in appendix F of this 
part.
    (D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in section (a)(7)(i) of this section.
    (ii) For continuous parameter monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(A)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater 
than 2 percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (B) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(B)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., particulate matter 
scrubber pressure drop).

[[Page 1162]]

    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (C) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the operating limit pH level) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a 
temperature measurement device, you must meet the requirements in 
paragraphs (a)(3)(ii)(D)(1) through (4) of this section.
    (1) Install the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 1.0 percent of the temperature value, 
whichever is larger, for a noncryogenic temperature range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 2.5 percent of the temperature value, 
whichever is larger, for a cryogenic temperature range.
    (4) Conduct a temperature measurement device performance evaluation 
at the time of each performance test but no less frequently than 
annually.
    (E) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the electrostatic precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (F) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).

[[Page 1163]]

    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (7) Provisions for periods when the continuous monitoring system is 
out of control, as follows:
    (i) A continuous monitoring system is out of control if the 
conditions of paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of this section are 
met.
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (B) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (ii) When the continuous monitoring system is out of control as 
specified in paragraph (a)(7)(i) of this section, you must take the 
necessary corrective action and must repeat all necessary tests that 
indicate that the system is out of control. You must take corrective 
action and conduct retesting until the performance requirements are 
below the applicable limits. The beginning of the out-of-control period 
is the hour you conduct a performance check (e.g., calibration drift) 
that indicates an exceedance of the performance requirements established 
under this part. The end of the out-of-control period is the hour 
following the completion of corrective action and successful 
demonstration that the system is within the allowable limits.
    (8) Schedule for conducting initial and periodic performance 
evaluations of your continuous monitoring systems.
    (b) If a bag leak detection system is used, your monitoring plan 
must include a description of the following items:
    (1) Installation of the bag leak detection system in accordance with 
paragraphs (b)(1)(i) and (ii) of this section.
    (i) Install the bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (ii) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (2) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established. Use a bag 
leak detection system equipped with a system that will sound an alarm 
when the system detects an increase in relative particulate matter 
emissions over a preset level. The alarm must be located where it is 
observed readily and any alert is detected and recognized easily by 
plant operating personnel.
    (3) Evaluations of the performance of the bag leak detection system, 
performed in accordance with your monitoring plan and consistent with 
the guidance provided in Fabric Filter Bag Leak Detection Guidance, EPA-
454/R-98-015, September 1997 (incorporated by reference, see Sec. 
60.17).
    (4) Operation of the bag leak detection system, including quality 
assurance procedures.
    (5) Maintenance of the bag leak detection system, including a 
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak 
detection system data. Use a bag leak detection system equipped with a 
device to continuously record the output signal from the sensor. (c) You 
must conduct an initial performance evaluation of each continuous 
monitoring system and bag leak detection system, as applicable, in 
accordance with your monitoring plan and to Sec. 60.13(c). For the 
purpose of this subpart, the provisions of Sec. 60.13(c) also apply to 
the bag leak detection system. You must conduct the initial performance 
evaluation of each continuous monitoring system within 60 days of 
installation of the monitoring system
    (d) You must submit a monitoring plan specifying the ash handling 
system operating procedures that you will

[[Page 1164]]

follow to ensure that you meet the fugitive emissions limit specified in 
Table 2 or 3 to this subpart.
    (e) You may submit an application to the Administrator for approval 
of alternate monitoring requirements to demonstrate compliance with the 
standards of this subpart, subject to the provisions of paragraphs 
(e)(1) through (e)(6) of this section.
    (1) The Administrator will not approve averaging periods other than 
those specified in this section, unless you document, using data or 
information, that the longer averaging period will ensure that emissions 
do not exceed levels achieved over the duration of three performance 
test runs.
    (2) If the application to use an alternate monitoring requirement is 
approved, you must continue to use the original monitoring requirement 
until approval is received to use another monitoring requirement.
    (3) You must submit the application for approval of alternate 
monitoring requirements no later than the notification of performance 
test. The application must contain the information specified in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section:
    (i) Data or information justifying the request, such as the 
technical or economic infeasibility, or the impracticality of using the 
required approach.
    (ii) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach and technique, the averaging period for the limit, 
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative 
monitoring requirement would provide equivalent or better assurance of 
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of 
the application within 90 calendar days after receipt of the original 
request, or within 60 calendar days of the receipt of any supplementary 
information, whichever is later. The Administrator will not approve an 
alternate monitoring application unless it would provide equivalent or 
better assurance of compliance with the relevant emission standard. 
Before disapproving any alternate monitoring application, the 
Administrator will provide the following:
    (i) Notice of the information and findings upon which the intended 
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting 
information before final action is taken on the application. This notice 
will specify how much additional time is allowed for you to provide 
additional supporting information.
    (5) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. Neither submittal of an application, nor 
the Administrator's failure to approve or disapprove the application 
relieves you of the responsibility to comply with any provision of this 
subpart.
    (6) The Administrator may decide at any time, on a case-by-case 
basis, that additional or alternative operating limits, or alternative 
approaches to establishing operating limits, are necessary to 
demonstrate compliance with the emission standards of this subpart.
    (f) You must submit your monitoring plans required in paragraphs (a) 
and (b) of this section at least 60 days before your initial performance 
evaluation of your continuous monitoring system(s).
    (g) You must submit your monitoring plan for your ash handling 
system, as required in paragraph (d) of this section, at least 60 days 
before your initial compliance test date.
    (h) You must update and resubmit your monitoring plan if there are 
any changes or potential changes in your monitoring procedures or if 
there is a process change, as defined in Sec. 60.5250.

             Model Rule--Continuous Compliance Requirements



Sec. 60.5205  How and when do I demonstrate continuous compliance
with the emission limits and standards?

    To demonstrate continuous compliance with the emission limits and 
standards specified in Table 2 or 3 to this subpart, use the procedures 
specified in paragraph (a) of this section. In lieu of using the 
procedures specified in paragraph (a) of this section, you have

[[Page 1165]]

the option to demonstrate initial compliance using the procedures 
specified in paragraph (b) of this section for particulate matter, 
hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or 
toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, 
cadmium, lead, and fugitive emissions from ash handling. You must meet 
the requirements of paragraphs (a) and (b) of this section, as 
applicable, and paragraphs (c) through (e) of this section, according to 
the performance testing, monitoring, and calibration requirements in 
Sec. 60.5220(a) and (b). You may also petition the Administrator for 
alternative monitoring parameters as specified in paragraph (f) of this 
section.
    (a) Demonstrate continuous compliance using a performance test. 
Except as provided in paragraphs (a)(3) and (e) of this section, 
following the date that the initial performance test for each pollutant 
in Table 2 or 3 to this subpart is completed, you must conduct a 
performance test for each such pollutant on an annual basis (between 11 
and 13 calendar months following the previous performance test). The 
performance test must be conducted using the test methods, averaging 
methods, and minimum sampling volumes or durations specified in Table 2 
or 3 to this subpart and according to the testing, monitoring, and 
calibration requirements specified in Sec. 60.5220(a).
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward. The Administrator may request a repeat performance test at any 
time.
    (2) You must repeat the performance test within 60 days of a process 
change, as defined in Sec. 60.5250.
    (3) Except as specified in paragraphs (a)(1) and (2) of this 
section, you can conduct performance tests less often for a given 
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this 
section.
    (i) You can conduct performance tests less often if your performance 
tests for the pollutant for at least 2 consecutive years show that your 
emissions are at or below 75 percent of the emission limit specified in 
Table 2 or 3 to this subpart, and there are no changes in the operation 
of the affected source or air pollution control equipment that could 
increase emissions. In this case, you do not have to conduct a 
performance test for that pollutant for the next 2 years. You must 
conduct a performance test during the third year and no more than 37 
months after the previous performance test.(ii) If your SSI unit 
continues to meet the emission limit for the pollutant, you may choose 
to conduct performance tests for the pollutant every third year if your 
emissions are at or below 75 percent of the emission limit, and if there 
are no changes in the operation of the affected source or air pollution 
control equipment that could increase emissions, but each such 
performance test must be conducted no more than 37 months after the 
previous performance test.
    (iii) If a performance test shows emissions exceeded 75 percent of 
the emission limit for a pollutant, you must conduct annual performance 
tests for that pollutant until all performance tests over 2 consecutive 
years show compliance.
    (b) Demonstrate continuous compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option to 
use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium, or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium, or lead is published in the Federal Register. The 
option to use a continuous automated sampling system for dioxins/furans 
takes effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec. 60.5220(b)(6) and use the 
following procedures:
    (1) To demonstrate continuous compliance with the emission limits 
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans (total mass basis or toxic equivalency basis), mercury, nitrogen 
oxides, sulfur dioxide, cadmium, and lead, you may substitute the use of 
a continuous monitoring system in lieu of conducting the annual 
performance test required in

[[Page 1166]]

paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(1) of this section 
in lieu of conducting the annual performance test for that pollutant in 
paragraph (a) of this section. For determining compliance with the 
carbon monoxide concentration limit using carbon monoxide CEMS, the 
correction to 7 percent oxygen does not apply during periods of startup 
or shutdown. Use the measured carbon monoxide concentration without 
correcting for oxygen concentration in averaging with other carbon 
monoxide concentrations (corrected to 7 percent oxygen) to determine the 
24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (2) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in paragraph 
(b)(1) of this section, you must use the continuous emissions monitoring 
system and follow the requirements specified in Sec. 60.5220(b). You 
must measure emissions according to Sec. 60.13 to calculate 1-hour 
arithmetic averages, corrected to 7 percent oxygen (or carbon dioxide). 
You must demonstrate initial compliance using a 24-hour block average of 
these 1-hour arithmetic average emission concentrations, calculated 
using Equation 19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, 
appendix A-7.
    (3) If you use a continuous automated sampling system to demonstrate 
compliance with an applicable emission limit in paragraph (b)(1) of this 
section, you must:
    (i) Use the continuous automated sampling system specified in Sec. 
60.58b(p) and (q), and measure and calculate average emissions corrected 
to 7 percent oxygen (or carbon dioxide) according to Sec. 60.58b(p) and 
your monitoring plan.
    (A) Use the procedures specified in Sec. 60.58b(p) to calculate 24-
hour averages to determine compliance with the mercury emission limit in 
Table 2 to this subpart.
    (B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan (total mass 
basis or toxic equivalency basis) emission limits in Table 2 to this 
subpart.
    (ii) Update your monitoring plan as specified in Sec. 60.4880(e). 
For mercury continuous automated sampling systems, you must use 
Performance Specification 12B of appendix B of part 75 and Procedure 5 
of appendix F of this part.
    (4) Except as provided in paragraph (e) of this section, you must 
complete your periodic performance evaluations required in your 
monitoring plan for any continuous emissions monitoring systems and 
continuous automated sampling systems, according to the schedule 
specified in your monitoring plan. If you were previously determining 
compliance by conducting an annual performance test (or according to the 
less frequent testing for a pollutant as provided in paragraph (a)(3) of 
this section), you must complete the initial performance evaluation 
required under your monitoring plan in Sec. 60.5200 for the continuous 
monitoring system prior to using the continuous emissions monitoring 
system to demonstrate compliance or continuous automated sampling 
system. Your performance evaluation must be conducted using the 
procedures and acceptance criteria specified in Sec. 60.5200(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic 
equivalency emission limit in paragraph (a) or (b) of this section, you 
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) For each dioxin/furan (tetra- through octachlorinated) isomer 
measured in accordance with paragraph (c)(1) of this section, multiply 
the isomer concentration by its corresponding toxic equivalency factor 
specified in Table 5 to this subpart.

[[Page 1167]]

    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) You must submit an annual compliance report as specified in 
Sec. 60.5235(c). You must submit a deviation report as specified in 
Sec. 60.5235(d) for each instance that you did not meet each emission 
limit in Table 2 to this subpart.
    (e) If you demonstrate continuous compliance using a performance 
test, as specified in paragraph (a) of this section, then the provisions 
of this paragraph (e) apply. If a force majeure is about to occur, 
occurs, or has occurred for which you intend to assert a claim of force 
majeure, you must notify the Administrator in writing as specified in 
Sec. 60.5235(g). You must conduct the performance test as soon as 
practicable after the force majeure occurs. The Administrator will 
determine whether or not to grant the extension to the performance test 
deadline, and will notify you in writing of approval or disapproval of 
the request for an extension as soon as practicable. Until an extension 
of the performance test deadline has been approved by the Administrator, 
you remain strictly subject to the requirements of this subpart.
    (f) After any initial requests in Sec. 60.5200 for alternative 
monitoring requirements for initial compliance, you may subsequently 
petition the Administrator for alternative monitoring parameters as 
specified in Sec. Sec. 60.13(i) and 60.5200(e).



Sec. 60.5210  How do I demonstrate continuous compliance with my 
operating limits?

    You must continuously monitor your operating parameters as specified 
in paragraph (a) of this section and meet the requirements of paragraphs 
(b) and (c) of this section, according to the monitoring and calibration 
requirements in Sec. 60.5225. You must confirm and re-establish your 
operating limits as specified in paragraph (d) of this section.
    (a) You must continuously monitor the operating parameters specified 
in paragraphs (a)(1) and (a)(2) of this section using the continuous 
monitoring equipment and according to the procedures specified in Sec. 
60.5225 or established in Sec. 60.5175. To determine compliance, you 
must use the data averaging period specified in Table 4 to this subpart 
(except for alarm time of the baghouse leak detection system) unless a 
different averaging period is established under Sec. 60.5175.
    (1) You must demonstrate that the SSI unit meets the operating 
limits established according to Sec. Sec. 60.5175 and 60.5190 and 
paragraph (d) of this section for each applicable operating parameter.
    (2) You must demonstrate that the SSI unit meets the operating limit 
for bag leak detection systems as follows:
    (i) For a bag leak detection system, you must calculate the alarm 
time as follows:
    (A) If inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted.
    (B) If corrective action is required, each alarm time shall be 
counted as a minimum of 1 hour.
    (C) If you take longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.
    (ii) Your maximum alarm time is equal to 5 percent of the operating 
time during a 6-month period, as specified in Sec. 60.5170(c).
    (b) Operation above the established maximum, below the established 
minimum, or outside the allowable range of the operating limits 
specified in paragraph (a) of this section constitutes a deviation from 
your operating limits established under this subpart, except during 
performance tests conducted to determine compliance with the emission 
and operating limits or to establish new operating limits. You must 
submit the deviation report specified in Sec. 60.5235(d) for each 
instance that you did not meet one of your operating limits established 
under this subpart.
    (c) You must submit the annual compliance report specified in Sec. 
60.5235(c) to demonstrate continuous compliance.
    (d) You must confirm your operating limits according to paragraph 
(d)(1) of this section or re-establish operating

[[Page 1168]]

limits according to paragraph (d)(2) of this section. Your operating 
limits must be established so as to assure ongoing compliance with the 
emission limits. These requirements also apply to your operating 
requirements in your fugitive emissions monitoring plan specified in 
Sec. 60.5170(d).
    (1) Your operating limits must be based on operating data recorded 
during any performance test required in Sec. 60.5205(a) or any 
performance evaluation required in Sec. 60.5205(b)(4).
    (2) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward.



Sec. 60.5215  By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

    (a) You must conduct an annual inspection of each air pollution 
control device used to comply with the emission limits, according to 
Sec. 60.5220(c), no later than 12 months following the previous annual 
air pollution control device inspection.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless you 
obtain written approval from the Administrator establishing a date 
whereby all necessary repairs of the affected SSI unit must be 
completed.

      Model Rule--Performance Testing, Monitoring, and Calibration 
                              Requirements



Sec. 60.5220  What are the performance testing, monitoring, and 
calibration requirements for compliance with the emission 

limits and standards?

    You must meet, as applicable, the performance testing requirements 
specified in paragraph (a) of this section, the monitoring requirements 
specified in paragraph (b) of this section, the air pollution control 
device inspections requirements specified in paragraph (c) of this 
section, and the bypass stack provisions specified in paragraph (d) of 
this section.
    (a) Performance testing requirements.
    (1) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations, as 
specified in Sec. 60.8(c). Emissions in excess of the emission limits 
or standards during periods of startup, shutdown, and malfunction are 
considered deviations from the applicable emission limits or standards.
    (2) You must document that the dry sludge burned during the 
performance test is representative of the sludge burned under normal 
operating conditions by:
    (i) Maintaining a log of the quantity of sewage sludge burned during 
the performance test by continuously monitoring and recording the 
average hourly rate that sewage sludge is fed to the incinerator.
    (ii) Maintaining a log of the moisture content of the sewage sludge 
burned during the performance test by taking grab samples of the sewage 
sludge fed to the incinerator for each 8 hour period that testing is 
conducted.
    (3) All performance tests must be conducted using the test methods, 
minimum sampling volume, observation period, and averaging method 
specified in Table 2 or 3 to this subpart.
    (4) Method 1 at 40 CFR part 60, appendix A must be used to select 
the sampling location and number of traverse points.
    (5) Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used for 
gas composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used 
simultaneously with each method.
    (6) All pollutant concentrations must be adjusted to 7 percent 
oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR11.020


[[Page 1169]]


Where:

Cadj = Pollutant concentration adjusted to 7 percent oxygen.
Cmeas = Pollutant concentration measured on a dry basis.
(20.9 - 7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen 
          correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis, percent.

    (7) Performance tests must be conducted and data reduced in 
accordance with the test methods and procedures contained in this 
subpart unless the Administrator does one of the following.
    (i) Specifies or approves, in specific cases, the use of a method 
with minor changes in methodology.
    (ii) Approves the use of an equivalent method.
    (iii) Approves the use of an alternative method the results of which 
he has determined to be adequate for indicating whether a specific 
source is in compliance.
    (iv) Waives the requirement for performance tests because you have 
demonstrated by other means to the Administrator's satisfaction that the 
affected SSI unit is in compliance with the standard.
    (v) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors. Nothing in this 
paragraph is construed to abrogate the Administrator's authority to 
require testing under section 114 of the Clean Air Act.
    (8) You must provide the Administrator at least 30 days prior notice 
of any performance test, except as specified under other subparts, to 
afford the Administrator the opportunity to have an observer present. If 
after 30 days notice for an initially scheduled performance test, there 
is a delay (due to operational problems, etc.) in conducting the 
scheduled performance test, you must notify the Administrator as soon as 
possible of any delay in the original test date, either by providing at 
least 7 days prior notice of the rescheduled date of the performance 
test, or by arranging a rescheduled date with the Administrator by 
mutual agreement.
    (9) You must provide, or cause to be provided, performance testing 
facilities as follows:
    (i) Sampling ports adequate for the test methods applicable to the 
SSI unit, as follows:
    (A) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures.
    (B) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (10) Unless otherwise specified in this subpart, each performance 
test must consist of three separate runs using the applicable test 
method. Each run must be conducted for the time and under the conditions 
specified in the applicable standard. Compliance with each emission 
limit must be determined by calculating the arithmetic mean of the three 
runs. In the event that a sample is accidentally lost or conditions 
occur in which one of the three runs must be discontinued because of 
forced shutdown, failure of an irreplaceable portion of the sample 
train, extreme meteorological conditions, or other circumstances, beyond 
your control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (11) During each test run specified in paragraph (a)(1) of this 
section, you must operate your sewage sludge incinerator at a minimum of 
85 percent of your maximum permitted capacity.
    (b) Continuous monitor requirements. You must meet the following 
requirements, as applicable, when using a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 2 or 3 to 
this subpart. The option to use a continuous emissions monitoring system 
for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on 
the date a final performance specification applicable to hydrogen 
chloride, dioxins/furans, cadmium, or lead is published in the Federal 
Register. If you elect to use a

[[Page 1170]]

continuous emissions monitoring system instead of conducting annual 
performance testing, you must meet the requirements of paragraphs (b)(1) 
through (b)(6) of this section. If you elect to use a continuous 
automated sampling system instead of conducting annual performance 
testing, you must meet the requirements of paragraph (b)(7) of this 
section. The option to use a continuous automated sampling system for 
dioxins/furans takes effect on the date a final performance 
specification for such a continuous automated sampling system is 
published in the Federal Register.
    (1) You must notify the Administrator 1 month before starting use of 
the continuous emissions monitoring system.
    (2) You must notify the Administrator 1 month before stopping use of 
the continuous emissions monitoring system, in which case you must also 
conduct a performance test within prior to ceasing operation of the 
system.
    (3) You must install, operate, calibrate, and maintain an instrument 
for continuously measuring and recording the emissions to the atmosphere 
in accordance with the following:
    (i) Section 60.13 of subpart A of this part.
    (ii) The following performance specifications of appendix B of this 
part, as applicable:
    (A) For particulate matter, Performance Specification 11 of appendix 
B of this part.
    (B) For hydrogen chloride, Performance Specification 15 of appendix 
B of this part.
    (C) For carbon monoxide, Performance Specification 4B of appendix B 
of this part with spans appropriate to the applicable emission limit.
    (D) [Reserved]
    (E) For mercury, Performance Specification 12A of appendix B of this 
part.
    (F) For nitrogen oxides, Performance Specification 2 of appendix B 
of this part.
    (G) For sulfur dioxide, Performance Specification 2 of appendix B of 
this part.
    (iii) For continuous emissions monitoring systems, the quality 
assurance procedures (e.g., quarterly accuracy determinations and daily 
calibration drift tests) of appendix F of this part specified in 
paragraphs (b)(3)(iii)(A) through (b)(3)(iii)(G) of this section. For 
each pollutant, the span value of the continuous emissions monitoring 
system is two times the applicable emission limit, expressed as a 
concentration.
    (A) For particulate matter, Procedure 2 in appendix F of this part.
    (B) For hydrogen chloride, Procedure 1 in appendix F of this part 
except that the Relative Accuracy Test Audit requirements of Procedure 1 
shall be replaced with the validation requirements and criteria of 
sections 11.1.1 and 12.0 of Performance Specification 15 of appendix B 
of this part.
    (C) For carbon monoxide, Procedure 1 in appendix F of this part.
    (D) [Reserved]
    (E) For mercury, Procedures 5 in appendix F of this part.
    (F) For nitrogen oxides, Procedure 1 in appendix F of this part.
    (G) For sulfur dioxide, Procedure 1 in appendix F of this part.
    (iv) If your monitoring system has a malfunction or out-of-control 
period, you must complete repairs and resume operation of your 
monitoring system as expeditiously as possible.
    (4) During each relative accuracy test run of the continuous 
emissions monitoring system using the performance specifications in 
paragraph (b)(3)(ii) of this section, emission data for each regulated 
pollutant and oxygen (or carbon dioxide as established in (b)(5) of this 
section) must be collected concurrently (or within a 30- to 60-minute 
period) by both the continuous emissions monitoring systems and the test 
methods specified in paragraph (b)(4)(i) through (b)(4)(viii) of this 
section. Relative accuracy testing must be at representative operating 
conditions while the SSI unit is charging sewage sludge.
    (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A-3 
or Method 26A or 29 at 40 CFR part 60, appendix A-8 shall be used.
    (ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60, 
appendix A-8, shall be used, as specified in Tables 1 and 2 to this 
subpart.

[[Page 1171]]

    (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part 60, 
appendix A-4, shall be used.
    (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A-7, 
shall be used.
    (v) For mercury, cadmium, and lead, Method 29 at 40 CFR part 60, 
appendix A-8, shall be used. Alternatively for mercury, either Method 
30B at 40 CFR part 60, appendix A-8 or ASTM D6784-02 (Reapproved 2008) 
(incorporated by reference, see Sec. 60.17), may be used.
    (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60, appendix 
A-4, shall be used.
    (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60, appendix 
A-4, or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17) must be used. For sources that have actual 
inlet emissions less than 100 parts per million dry volume, the relative 
accuracy criterion for the inlet of the sulfur dioxide continuous 
emissions monitoring system should be no greater than 20 percent of the 
mean value of the method test data in terms of the units of the emission 
standard, or 5 parts per million dry volume absolute value of the mean 
difference between the method and the continuous emissions monitoring 
system, whichever is greater.
    (viii) For oxygen (or carbon dioxide as established in (b)(5) of 
this section), Method 3A or 3B at 40 CFR part 60, appendix A-2, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec. 60.17), as applicable, must be used.
    (5) You may request that compliance with the emission limits be 
determined using carbon dioxide measurements corrected to an equivalent 
of 7 percent oxygen. If carbon dioxide is selected for use in diluent 
corrections, the relationship between oxygen and carbon dioxide levels 
must be established during the initial performance test according to the 
procedures and methods specified in paragraphs (b)(5)(i) through 
(b)(5)(iv) of this section. This relationship may be re-established 
during subsequent performance tests.
    (i) The fuel factor equation in Method 3B at 40 CFR part 60, 
appendix A-2 must be used to determine the relationship between oxygen 
and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR 
part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec. 60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (6) You must operate the continuous monitoring system and collect 
data with the continuous monitoring system as follows:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (b)(6)(ii) of this section, except for periods of 
monitoring system malfunctions that occur during periods specified in 
Sec. 60.5200(a)(7)(i), repairs associated with monitoring system 
malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments). Any such periods that you do 
not collect data using the continuous monitoring system constitute a 
deviation from the monitoring requirements and must be reported in a 
deviation report.
    (ii) You must collect continuous emissions monitoring system data in 
accordance with Sec. 60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in a deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec. 60.4880(a)(7)(i), repairs 
associated with periods when the monitoring system is out of control, or 
required monitoring system quality assurance or control activities

[[Page 1172]]

conducted during out-of-control periods must not be included in 
calculations used to report emissions or operating levels. Any such 
periods that do not coincide with a monitoring system malfunction as 
defined in Sec. 60.5250, constitute a deviation from the monitoring 
requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (b)(6)(iii) and (b)(6)(iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (7) If you elect to use a continuous automated sampling system 
instead of conducting annual performance testing, you must:
    (i) Install, calibrate, maintain, and operate a continuous automated 
sampling system according to the site-specific monitoring plan developed 
in Sec. 60.58b(p)(1) through (p)(6), (p)(9), (p)(10), and (q).
    (ii) Collect data according to Sec. 60.58b(p)(5) and paragraph 
(b)(6) of this section.
    (c) Air pollution control device inspections. You must conduct air 
pollution control device inspections that include, at a minimum, the 
following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Generally observe that the equipment is maintained in good 
operating condition.
    (3) Develop a site-specific monitoring plan according to the 
requirements in Sec. 60.5200. This requirement also applies to you if 
you petition the EPA Administrator for alternative monitoring parameters 
under Sec. 60.13(i). (d) Bypass stack. Use of the bypass stack at any 
time that sewage sludge is being charged to the SSI unit is an emissions 
standards deviation for all pollutants listed in Table 2 or 3 to this 
subpart. The use of the bypass stack during a performance test 
invalidates the performance test.



Sec. 60.5225  What are the monitoring and calibration requirements 
for compliance with my operating limits?

    (a) You must install, operate, calibrate, and maintain the 
continuous parameter monitoring systems according to the requirements in 
paragraphs (a)(1) and (2) of this section.
    (1) Meet the following general requirements for flow, pressure, pH, 
and operating temperature measurement devices:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (a)(1)(ii) of this section, except for periods of 
monitoring system malfunctions that occur during periods specified 
defined in Sec. 60.5200(a)(7)(i), repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments). Any such periods that you do 
not collect data using the continuous monitoring system constitute a 
deviation from the monitoring requirements and must be reported in a 
deviation report.
    (ii) You must collect continuous parameter monitoring system data in 
accordance with Sec. 60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in your annual deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec. 60.5200(a)(7)(i) must not be 
included in calculations used to report emissions or operating levels. 
Any such periods that do not coincide with a monitoring system 
malfunction, as defined in Sec. 60.5250, constitute a deviation from 
the monitoring requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (a)(1)(iii) and (a)(1)(iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (vi) Record the results of each inspection, calibration, and 
validation check.
    (2) Operate and maintain your continuous monitoring system according

[[Page 1173]]

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

                 Model Rule--Recordkeeping and Reporting



Sec. 60.5230  What records must I keep?

    You must maintain the items (as applicable) specified in paragraphs 
(a) through (n) of this section for a period of at least 5 years. All 
records must be available on site in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.
    (a) Date. Calendar date of each record.
    (b) Increments of progress. Copies of the final control plan and any 
additional notifications, reported under Sec. 60.5235.
    (c) Operator Training. Documentation of the operator training 
procedures and records specified in paragraphs (c)(1) through (c)(4) of 
this section. You must make available and readily accessible at the 
facility at all times for all SSI unit operators the documentation 
specified in paragraph (c)(1) of this section.
    (1) Documentation of the following operator training procedures and 
information:
    (i) Summary of the applicable standards under this subpart.
    (ii) Procedures for receiving, handling, and feeding sewage sludge.
    (iii) Incinerator startup, shutdown, and malfunction preventative 
and corrective procedures.
    (iv) Procedures for maintaining proper combustion air supply levels.
    (v) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (vi) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.

[[Page 1174]]

    (vii) Reporting and recordkeeping procedures.
    (viii) Procedures for handling ash.
    (ix) A list of the materials burned during the performance test, if 
in addition to sewage sludge.
    (x) For each qualified operator and other plant personnel who may 
operate the unit according to the provisions of Sec. 60.5155(a), the 
phone and/or pager number at which they can be reached during operating 
hours.
    (2) Records showing the names of SSI unit operators and other plant 
personnel who may operate the unit according to the provisions of Sec. 
60.5155(a), as follows:
    (i) Records showing the names of SSI unit operators and other plant 
personnel who have completed review of the information in paragraph 
(c)(1) of this section as required by Sec. 60.5160(b), including the 
date of the initial review and all subsequent annual reviews.
    (ii) Records showing the names of the SSI operators who have 
completed the operator training requirements under Sec. 60.5130, met 
the criteria for qualification under Sec. 60.5140, and maintained or 
renewed their qualification under Sec. 60.5145 or Sec. 60.5150. 
Records must include documentation of training, including the dates of 
their initial qualification and all subsequent renewals of such 
qualifications.
    (3) Records showing the periods when no qualified operators were 
accessible for more than 8 hours, but less than 2 weeks, as required in 
Sec. 60.5155(a).
    (4) Records showing the periods when no qualified operators were 
accessible for 2 weeks or more along with copies of reports submitted as 
required in Sec. 60.5155(b).
    (d) Air pollution control device inspections. Records of the results 
of initial and annual air pollution control device inspections conducted 
as specified in Sec. Sec. 60.5195 and 60.5220(c), including any 
required maintenance and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (e) Performance test reports.
    (1) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and standards and/or to establish operating limits, as 
applicable.
    (2) Retain a copy of the complete performance test report, including 
calculations.
    (3) Keep a record of the hourly dry sludge feed rate measured during 
performance test runs as specified in Sec. 60.5220(a)(2)(i).
    (4) Keep any necessary records to demonstrate that the performance 
test was conducted under conditions representative of normal operations, 
including a record of the moisture content measured as required in Sec. 
60.5220(a)(2)(ii) for each grab sample taken of the sewage sludge burned 
during the performance test.
    (f) Continuous monitoring data. Records of the following data, as 
applicable:
    (1) For continuous emissions monitoring systems, all 1-hour average 
concentrations of particulate matter, hydrogen chloride, carbon 
monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides, 
sulfur dioxide, cadmium, and lead emissions.
    (2) For continuous automated sampling systems, all average 
concentrations measured for mercury and dioxins/furans total mass basis 
at the frequencies specified in your monitoring plan.
    (3) For continuous parameter monitoring systems:
    (i) All 1-hour average values recorded for the following operating 
parameters, as applicable:
    (A) Combustion chamber operating temperature (or afterburner 
temperature).
    (B) If a wet scrubber is used to comply with the rule, pressure drop 
across each wet scrubber system and liquid flow rate to each wet 
scrubber used to comply with the emission limit in Table 2 or 3 to this 
subpart for particulate matter, cadmium, or lead, and scrubber liquid 
flow rate and scrubber liquid pH for each wet scrubber used to comply 
with an emission limit in Table 2 or 3 to this subpart for sulfur 
dioxide or hydrogen chloride.
    (C) If an electrostatic precipitator is used to comply with the 
rule, secondary voltage of the electrostatic precipitator collection 
plates and secondary amperage of the electrostatic

[[Page 1175]]

precipitator collection plates, and effluent water flow rate at the 
outlet of the wet electrostatic precipitator.
    (D) If activated carbon injection is used to comply with the rule, 
sorbent flow rate and carrier gas flow rate or pressure drop, as 
applicable.
    (ii) All daily average values recorded for the feed rate and 
moisture content of the sewage sludge fed to the sewage sludge 
incinerator, monitored and calculated as specified in Sec. 60.5170(f).
    (iii) If a fabric filter is used to comply with the rule, the date, 
time, and duration of each alarm and the time corrective action was 
initiated and completed, and a brief description of the cause of the 
alarm and the corrective action taken. You must also record the percent 
of operating time during each 6-month period that the alarm sounds, 
calculated as specified in Sec. 60.5210.
    (iv) For other control devices for which you must establish 
operating limits under Sec. 60.5175, you must maintain data collected 
for all operating parameters used to determine compliance with the 
operating limits, at the frequencies specified in your monitoring plan.
    (g) Other records for continuous monitoring systems. You must keep 
the following records, as applicable:
    (1) Keep records of any notifications to the Administrator in Sec. 
60.4915(h)(1) of starting or stopping use of a continuous monitoring 
system for determining compliance with any emissions limit.
    (2) Keep records of any requests under Sec. 60.5220(b)(5) that 
compliance with the emission limits be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen.
    (3) If activated carbon injection is used to comply with the rule, 
the type of sorbent used and any changes in the type of sorbent used.
    (h) Deviation Reports. Records of any deviation reports submitted 
under Sec. 60.5235(e) and (f).
    (i) Equipment specifications and operation and maintenance 
requirements. Equipment specifications and related operation and 
maintenance requirements received from vendors for the incinerator, 
emission controls, and monitoring equipment.
    (j) Inspections, calibrations, and validation checks of monitoring 
devices. Records of inspections, calibration, and validation checks of 
any monitoring devices as required under Sec. Sec. 60.5220 and 60.5225.
    (k) Monitoring plan and performance evaluations for continuous 
monitoring systems. Records of the monitoring plans required under Sec. 
60.5200, and records of performance evaluations required under Sec. 
60.5205(b)(5).(l) Less frequent testing. If, consistent with 
60.5205(a)(3), you elect to conduct performance tests less frequently 
than annually, you must keep annual records that document that your 
emissions in the two previous consecutive years were at or below 75 
percent of the applicable emission limit in Table 1 or 2 to this 
subpart, and document that there were no changes in source operations or 
air pollution control equipment that would cause emissions of the 
relevant pollutant to increase within the past 2 years.
    (m) Use of bypass stack. Records indicating use of the bypass stack, 
including dates, times, and durations as required under Sec. 
60.5225(d).
    (n) If a malfunction occurs, you must keep a record of the 
information submitted in your annual report in Sec. 60.5235(c)(16).



Sec. 60.5235  What reports must I submit?

    You must submit the reports specified in paragraphs (a) through (i) 
of this section. See Table 6 to this subpart for a summary of these 
reports.
    (a) Increments of progress report. If you plan to achieve compliance 
more than 1 year following the effective date of state plan approval, 
you must submit the following reports, as applicable:
    (1) A final control plan as specified in Sec. Sec. 60.5085(a) and 
60.5110.
    (2) You must submit your notification of achievement of increments 
of progress no later than 10 business days after the compliance date for 
the increment as specified in Sec. Sec. 60.5095 and 60.5100.
    (3) If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date

[[Page 1176]]

for that increment, as specified in Sec. 60.5105.
    (4) If you plan to close your SSI unit rather than comply with the 
state plan, submit a closure notification as specified in Sec. 60.5125.
    (b) Initial compliance report. You must submit the following 
information no later than 60 days following the initial performance 
test.
    (1) Company name, physical address, and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report.
    (4) The complete test report for the initial performance test 
results obtained by using the test methods specified in Table 2 or 3 to 
this subpart.
    (5) If an initial performance evaluation of a continuous monitoring 
system was conducted, the results of that initial performance 
evaluation.
    (6) The values for the site-specific operating limits established 
pursuant to Sec. Sec. 60.5170 and 60.5175 and the calculations and 
methods, as applicable, used to establish each operating limit.
    (7) If you are using a fabric filter to comply with the emission 
limits, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec. 60.5170(b).
    (8) The results of the initial air pollution control device 
inspection required in Sec. 60.5195, including a description of 
repairs.
    (9) The site-specific monitoring plan required under Sec. 60.5200, 
at least 60 days before your initial performance evaluation of your 
continuous monitoring system.
    (10) The site-specific monitoring plan for your ash handling system 
required under Sec. 60.5200, at least 60 days before your initial 
performance test to demonstrate compliance with your fugitive ash 
emission limit.
    (c) Annual compliance report. You must submit an annual compliance 
report that includes the items listed in paragraphs (c)(1) through 
(c)(16) of this section for the reporting period specified in paragraph 
(c)(3) of this section. You must submit your first annual compliance 
report no later than 12 months following the submission of the initial 
compliance report in paragraph (b) of this section. You must submit 
subsequent annual compliance reports no more than 12 months following 
the previous annual compliance report. (You may be required to submit 
these reports (or additional compliance information) more frequently by 
the title V operating permit required in Sec. 60.5240.)
    (1) Company name, physical address, and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If a performance test was conducted during the reporting period, 
the results of that performance test.
    (i) If operating limits were established during the performance 
test, include the value for each operating limit and, as applicable, the 
method used to establish each operating limit, including calculations.
    (ii) If activated carbon is used during the performance test, 
include the type of activated carbon used.
    (5) For each pollutant and operating parameter recorded using a 
continuous monitoring system, the highest average value and lowest 
average value recorded during the reporting period, as follows:
    (i) For continuous emission monitoring systems and continuous 
automated sampling systems, report the highest and lowest 24-hour 
average emission value.
    (ii) For continuous parameter monitoring systems, report the 
following values:
    (A) For all operating parameters except scrubber liquid pH, the 
highest and lowest 12-hour average values.
    (B) For scrubber liquid pH, the highest and lowest 3-hour average 
values.
    (6) If there are no deviations during the reporting period from any 
emission limit, emission standard, or operating limit that applies to 
you, a statement that there were no deviations from the emission limits, 
emission standard, or operating limits.

[[Page 1177]]

    (7) Information for bag leak detection systems recorded under Sec. 
60.5230(f)(3)(iii).
    (8) If a performance evaluation of a continuous monitoring system 
was conducted, the results of that performance evaluation. If new 
operating limits were established during the performance evaluation, 
include your calculations for establishing those operating limits.
    (9) If you elect to conduct performance tests less frequently as 
allowed in Sec. 60.5205(a)(3) and did not conduct a performance test 
during the reporting period, you must include the dates of the last two 
performance tests, a comparison of the emission level you achieved in 
the last two performance tests to the 75 percent emission limit 
threshold specified in Sec. 60.5205(a)(3), and a statement as to 
whether there have been any process changes and whether the process 
change resulted in an increase in emissions.
    (10) Documentation of periods when all qualified sewage sludge 
incineration unit operators were unavailable for more than 8 hours, but 
less than 2 weeks.
    (11) Results of annual air pollution control device inspections 
recorded under Sec. 60.5230(d) for the reporting period, including a 
description of repairs.
    (12) If there were no periods during the reporting period when your 
continuous monitoring systems had a malfunction, a statement that there 
were no periods during which your continuous monitoring systems had a 
malfunction.
    (13) If there were no periods during the reporting period when a 
continuous monitoring system was out of control, a statement that there 
were no periods during which your continuous monitoring systems were out 
of control.
    (14) If there were no operator training deviations, a statement that 
there were no such deviations during the reporting period.
    (15) If you did not make revisions to your site-specific monitoring 
plan during the reporting period, a statement that you did not make any 
revisions to your site-specific monitoring plan during the reporting 
period. If you made revisions to your site-specific monitoring plan 
during the reporting period, a copy of the revised plan.
    (16) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.
    (d) Deviation reports.
    (1) You must submit a deviation report if:
    (i) Any recorded operating parameter level, based on the averaging 
time specified in Table 4 to this subpart, is above the maximum 
operating limit or below the minimum operating limit established under 
this subpart.
    (ii) The bag leak detection system alarm sounds for more than 5 
percent of the operating time for the 6-month reporting period.
    (iii) Any recorded 24-hour block average emissions level is above 
the emission limit, if a continuous monitoring system is used to comply 
with an emission limit.
    (iv) There are visible emissions of combustion ash from an ash 
conveying system for more than 5 percent of the hourly observation 
period.
    (v) A performance test was conducted that deviated from any emission 
limit in Table 2 or 3 to this subpart.
    (vi) A continuous monitoring system was out of control.
    (vii) You had a malfunction (e.g., continuous monitoring system 
malfunction) that caused or may have caused any applicable emission 
limit to be exceeded.
    (2) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).
    (3) For each deviation where you are using a continuous monitoring 
system to comply with an associated emission

[[Page 1178]]

limit or operating limit, report the items described in paragraphs 
(d)(3)(i) through (d)(3)(viii) of this section.
    (i) Company name, physical address, and mailing address.
    (ii) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (iii) The calendar dates and times your unit deviated from the 
emission limits, emission standards, or operating limits requirements.
    (iv) The averaged and recorded data for those dates.
    (v) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits, and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vi) Dates, times, and causes for monitor downtime incidents.
    (vii) A copy of the operating parameter monitoring data during each 
deviation and any test report that documents the emission levels.
    (viii) If there were periods during which the continuous monitoring 
system malfunctioned or was out of control, you must include the 
following information for each deviation from an emission limit or 
operating limit:
    (A) The date and time that each malfunction started and stopped.
    (B) The date, time, and duration that each continuous monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (C) The date, time, and duration that each continuous monitoring 
system was out of control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (D) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction, during a 
period when the system as out of control, or during another period.
    (E) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (F) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (G) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the SSI unit at which the continuous monitoring system 
downtime occurred during that reporting period.
    (H) An identification of each parameter and pollutant that was 
monitored at the SSI unit.
    (I) A brief description of the SSI unit.
    (J) A brief description of the continuous monitoring system.
    (K) The date of the latest continuous monitoring system 
certification or audit.
    (L) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (4) For each deviation where you are not using a continuous 
monitoring system to comply with the associated emission limit or 
operating limit, report the following items:.
    (i) Company name, physical address, and mailing address.
    (ii) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (iii) The total operating time of each affected source during the 
reporting period.
    (iv) The calendar dates and times your unit deviated from the 
emission limits, emission standards, or operating limits requirements.
    (v) The averaged and recorded data for those dates.
    (vi) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits, and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vii) A copy of any performance test report that showed a deviation 
from the emission limits or standards.
    (viii) A brief description of any malfunction reported in paragraph 
(d)(1)(vii) of this section, including a description of actions taken 
during the

[[Page 1179]]

malfunction to minimize emissions in accordance with Sec. 60.11(d) and 
to correct the malfunction.
    (e) Qualified operator deviation.
    (1) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (e)(1)(i) and 
(e)(1)(ii) of this section.
    (i) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (e)(1)(i)(A) through (e)(1)(i)(C) 
of this section.
    (A) A statement of what caused the deviation.
    (B) A description of actions taken to ensure that a qualified 
operator is accessible.
    (C) The date when you anticipate that a qualified operator will be 
available.
    (ii) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (e)(1)(ii)(A) through 
(e)(1)(ii)(C) of this section.
    (A) A description of actions taken to ensure that a qualified 
operator is accessible.
    (B) The date when you anticipate that a qualified operator will be 
accessible.
    (C) Request for approval from the Administrator to continue 
operation of the SSI unit.
    (2) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.5155(b)(2)(i), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator within 
five days of meeting Sec. 60.5155(b)(2)(ii) that you are resuming 
operation.
    (f) Notification of a force majeure. If a force majeure is about to 
occur, occurs, or has occurred for which you intend to assert a claim of 
force majeure:
    (1) You must notify the Administrator, in writing as soon as 
practicable following the date you first knew, or through due diligence, 
should have known that the event may cause or caused a delay in 
conducting a performance test beyond the regulatory deadline, but the 
notification must occur before the performance test deadline unless the 
initial force majeure or a subsequent force majeure event delays the 
notice, and in such cases, the notification must occur as soon as 
practicable.
    (2) You must provide to the Administrator a written description of 
the force majeure event and a rationale for attributing the delay in 
conducting the performance test beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which you propose to conduct the 
performance test.
    (g) Other notifications and reports required. You must submit other 
notifications as provided by Sec. 60.7 and as follows:
    (1) You must notify the Administrator 1 month before starting or 
stopping use of a continuous monitoring system for determining 
compliance with any emission limit.
    (2) You must notify the Administrator at least 30 days prior to any 
performance test conducted to comply with the provisions of this 
subpart, to afford the Administrator the opportunity to have an observer 
present.
    (3) As specified in Sec. 60.5220(a)(8), you must notify the 
Administrator at least 7 days prior to the date of a rescheduled 
performance test for which notification was previously made in paragraph 
(g)(2) of this section.
    (h) Report submission form.
    (1) Submit initial, annual, and deviation reports electronically or 
in paper format, postmarked on or before the submittal due dates.
    (2) As of January 1, 2012 and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2, conducted to 
demonstrate compliance with this subpart, you must submit relative 
accuracy test audit (i.e., reference method) data and performance test 
(i.e., compliance test) data, except opacity data, electronically to 
EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief/ert/ert--tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (i) Changing report dates. If the Administrator agrees, you may 
change the semiannual or annual reporting

[[Page 1180]]

dates. See Sec. 60.19(c) for procedures to seek approval to change your 
reporting date.

                  Model Rule--Title V Operating Permits



Sec. 60.5240  Am I required to apply for and obtain a Title V operating
permit for my existing SSI unit?

    Yes, if you are subject to an applicable EPA-approved and effective 
CAA section 111(d)/129 state or tribal plan or an applicable and 
effective Federal plan, you are required to apply for and obtain a Title 
V operating permit for your existing SSI unit unless you meet the 
relevant requirements for an exemption specified in Sec. 60.5065.



Sec. 60.5245  When must I submit a title V permit application
for my existing SSI unit?

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

                         Model Rule-Definitions



Sec. 60.5250  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and Sec. 60.2.
    Administrator means:
    (1) For units covered by the Federal plan, the Administrator of the 
EPA or his/her authorized representative.
    (2) For units covered by an approved state plan, the director of the 
state air pollution control agency or his/her authorized representative.
    Affected source means a sewage sludge incineration unit as defined 
in Sec. 60.5250.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil, 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is

[[Page 1181]]

not limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other principle to monitor relative 
particulate matter loadings.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single integrated sample(s) or multiple integrated sample(s) of the 
pollutant (or diluent gas) for subsequent on- or off-site analysis; 
integrated sample(s) collected are representative of the emissions for 
the sample time as specified by the applicable requirement.
    Continuous emissions monitoring system means a monitoring system for 
continuously measuring and recording the emissions of a pollutant from 
an affected facility.
    Continuous monitoring system (CMS) means a continuous emissions 
monitoring system, continuous automated sampling system, continuous 
parameter monitoring system or other manual or automatic monitoring that 
is used for demonstrating compliance with an applicable regulation on a 
continuous basis as defined by this subpart. The term refers to the 
total equipment used to sample and condition (if applicable), to 
analyze, and to provide a permanent record of emissions or process 
parameters.
    Continuous parameter monitoring system means a monitoring system for 
continuously measuring and recording operating conditions associated 
with air pollution control device systems (e.g., operating temperature, 
pressure, and power).
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limit, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Electrostatic precipitator or wet electrostatic precipitator means 
an air pollution control device that uses both electrical forces and, if 
applicable, water to remove pollutants in the exit gas from a sewage 
sludge incinerator stack.
    Existing sewage sludge incineration unit means a sewage sludge 
incineration unit the construction of which is commenced on or before 
October 14, 2010.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Fluidized bed incinerator means an enclosed device in which organic 
matter and inorganic matter in sewage sludge are combusted in a bed of 
particles suspended in the combustion chamber gas.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification means a change to an existing SSI unit later than 
September 21, 2011 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
SSI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the SSI unit used to calculate these costs, see the definition of SSI 
unit.
    (2) Any physical change in the SSI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which

[[Page 1182]]

section 129 or section 111 of the Clean Air Act has established 
standards.
    Modified sewage sludge incineration unit means an existing SSI unit 
that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that 
contains a number of solid refractory hearths and a central rotating 
shaft; rabble arms that are designed to slowly rake the sludge on the 
hearth are attached to the rotating shaft. Dewatered sludge enters at 
the top and proceeds downward through the furnace from hearth to hearth, 
pushed along by the rabble arms.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of sewage sludge is combusted 
at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from 
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or 
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of 
the test-run average secondary voltage and the test-run average 
secondary amperage to the electrostatic precipitator collection plates.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to:
    (1) A change in the process employed at the wastewater treatment 
facility associated with the affected SSI unit (e.g., the addition of 
tertiary treatment at the facility, which changes the method used for 
disposing of process solids and processing of the sludge prior to 
incineration).
    (2) A change in the air pollution control devices used to comply 
with the emission limits for the affected SSI unit (e.g., change in the 
sorbent used for activated carbon injection).
    Sewage sludge means solid, semi-solid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes, but is not limited to, domestic septage; scum or solids 
removed in primary, secondary, or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge does 
not include ash generated during the firing of sewage sludge in a sewage 
sludge incineration unit or grit and screenings generated during 
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is fed 
into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit 
combusting sewage sludge for the purpose of reducing the volume of the 
sewage sludge by removing combustible matter. Sewage sludge incineration 
unit designs include fluidized bed and multiple hearth. A SSI unit also 
includes, but is not limited to, the sewage sludge feed system, 
auxiliary fuel feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and bottom ash system. The SSI unit includes 
all ash handling systems connected to the bottom ash handling system. 
The combustion unit bottom ash system ends at the truck loading station 
or similar equipment that transfers the ash to final disposal. The SSI 
unit does not include air pollution control equipment or the stack.
    Shutdown means the period of time after all sewage sludge has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sewage sludge from a waste 
treatment plant, water supply treatment plant, or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid, or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations, and from community 
activities, but does not include solid or dissolved material in domestic 
sewage, or solid or dissolved materials in irrigation return flows or 
industrial discharges which are point sources subject to permits under 
section 402 of the Federal Water Pollution Control Act, as amended (33 
U.S.C. 1342), or source, special nuclear, or byproduct material as 
defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature

[[Page 1183]]

of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere (101.3 
kilopascals).
    Startup means the period of time between the activation, including 
the firing of fuels (e.g., natural gas or distillate oil), of the system 
and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an 
individual dioxin isomer in an environmental mixture and the 
corresponding estimate of the compound-specific toxicity relative to 
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency 
factor for that compound. Table 5 to this subpart lists the toxic 
equivalency factors.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquid to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    You means the owner or operator of an affected SSI unit.


 Table 1 to Subpart MMMM of Part 60--Model Rule--Increments of Progress
 and Compliance Schedules for Existing Sewage Sludge Incineration Units
------------------------------------------------------------------------
 Comply with these increments of progress        By these dates \a\
------------------------------------------------------------------------
Increment 1--Submit final control plan....  (Dates to be specified in
                                             state plan)
Increment 2--Final compliance.............  (Dates to be specified in
                                             state plan) \b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ The date can be no later than 3 years after the effective date of
  state plan approval or March 21, 2016 for SSI units that commenced
  construction on or before October 14, 2010.


[[Page 1184]]


 Table 2 to Subpart MMMM of Part 60--Model Rule--Emission Limits and Standards for Existing Fluidized Bed Sewage
                                            Sludge Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                              Using these averaging
                                   You must meet this          methods and minimum          And determining
    For the air pollutant          emission limit \a\          sampling volumes or       compliance using this
                                                                    durations                    method
----------------------------------------------------------------------------------------------------------------
Particulate matter...........  18 milligrams per dry       3-run average (collect a    Performance test (Method
                                standard cubic meter.       minimum volume of 1 dry     5 at 40 CFR part 60,
                                                            standard cubic meters       appendix A-3; Method 26A
                                                            sample per run).            or Method 29 at 40 CFR
                                                                                        part 60, appendix A-8).
Hydrogen chloride............  0.51 parts per million by   3-run average (Collect a    Performance test (Method
                                dry volume.                 minimum volume of 1 dry     26A at 40 CFR part 60,
                                                            standard cubic meters per   appendix A-8).
                                                            run).
Carbon monoxide..............  64 parts per million by     3-run average (collect      Performance test (Method
                                dry volume.                 sample for a minimum        10, 10A, or 10B at 40
                                                            duration of one hour per    CFR part 60, appendix A-
                                                            run).                       4).
Dioxins/furans (total mass     1.2 nanograms per dry       3-run average (collect a    Performance test (Method
 basis); or                     standard cubic meter        minimum volume of 1 dry     23 at 40 CFR part 60,
Dioxins/furans (toxic           (total mass basis); or      standard cubic meters per   appendix A-7).
 equivalency basis) \b\.       0.10 nanograms per dry       run).
                                standard cubic meter
                                (toxic equivalency basis).
Mercury......................  0.037 milligrams per dry    3-run average (For Method   Performance test (Method
                                standard cubic meter.       29 and ASTM D6784-02        29 at 40 CFR part 60,
                                                            (Reapproved 2008) \c\,      appendix A-8; Method 30B
                                                            collect a minimum volume    at 40 CFR part 60,
                                                            of 1 dry standard cubic     appendix A-8; or ASTM
                                                            meters per run. For         D6784-02 (Reapproved
                                                            Method 30B, collect a       2008).\c\
                                                            minimum sample as
                                                            specified in Method 30B
                                                            at 40 CFR part 60,
                                                            appendix A-8).
Oxides of nitrogen...........  150 parts per million by    3-run average (Collect      Performance test (Method
                                dry volume.                 sample for a minimum        7 or 7E at 40 CFR part
                                                            duration of one hour per    60, appendix A-4).
                                                            run).
Sulfur dioxide...............  15 parts per million by     3-run average (For Method   Performance test (Method
                                dry volume.                 6, collect a minimum        6 or 6C at 40 CFR part
                                                            volume of 60 liters per     40, appendix A-4; or
                                                            run. For Method 6C,         ANSI/ASME PTC-19.10-
                                                            collect sample for a        1981.\c\
                                                            minimum duration of one
                                                            hour per run).
Cadmium......................  0.0016 milligrams per dry   3-run average (collect a    Performance test (Method
                                standard cubic meter.       minimum volume of 1 dry     29 at 40 CFR part 60,
                                                            standard cubic meters per   appendix A-8). Use GFAAS
                                                            run).                       or ICP/MS for the
                                                                                        analytical finish.
Lead.........................  0.0074 milligrams per dry   3-run average (collect a    Performance test (Method
                                standard cubic meter.       minimum volume of 1 dry     29 at 40 CFR part 60,
                                                            standard cubic meters       appendix A-8. Use GFAAS
                                                            sample per run).            or ICP/MS for the
                                                                                        analytical finish.
Fugitive emissions from ash    Visible emissions of        Three 1-hour observation    Visible emission test
 handling.                      combustion ash from an      periods.                    (Method 22 of appendix A-
                                ash conveying system                                    7 of this part).
                                (including conveyor
                                transfer points) for no
                                more than 5 percent of
                                the hourly observation
                                period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec. 60.17.


[[Page 1185]]


   Table 3 to Subpart MMMM of Part 60--Model Rule--Emission Limits and Standards for Existing Multiple Hearth
                                        Sewage Sludge Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                              Using these averaging
                                   You must meet this         methods and  minimum          And determining
    For the air pollutant          emission limit \a\          sampling volumes or       compliance using this
                                                                    durations                    method
----------------------------------------------------------------------------------------------------------------
Particulate matter...........  80 milligrams per dry       3-run average (collect a    Performance test (Method
                                standard cubic meter.       minimum volume of 0.75      5 at 40 CFR part 60,
                                                            dry standard cubic meters   appendix A-3; Method 26A
                                                            per run).                   or Method 29 at 40 CFR
                                                                                        part 60, appendix A-8).
Hydrogen chloride............  1.2 parts per million by    3-run average (For Method   Performance test (Method
                                dry volume.                 26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 200 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meters per run).
Carbon monoxide..............  3,800 parts per million by  3-run average (collect      Performance test (Method
                                dry volume.                 sample for a minimum        10, 10A, or 10B at 40
                                                            duration of one hour per    CFR part 60, appendix A-
                                                            run).                       4).
Dioxins/furans (total mass     5.0 nanograms per dry       3-run average (collect a    Performance test (Method
 basis).                        standard cubic meter; or    minimum volume of 1 dry     23 at 40 CFR part 60,
                                                            standard cubic meters per   appendix A-7).
                                                            run).
Dioxins/furans (toxic          0.32 nanograms per dry
 equivalency basis) \b\.        standard cubic meter.
Mercury......................  0.28 milligrams per dry     3-run average (For Method   Performance test (Method
                                standard cubic meter.       29 and ASTM D6784-02        29 at 40 CFR part 60,
                                                            (Reapproved 2008),\c\       appendix A-8; Method 30B
                                                            collect a minimum volume    at 40 CFR part 60,
                                                            of 1 dry standard cubic     appendix A-8; or ASTM
                                                            meters per run. For         D6784-02 (Reapproved
                                                            Method 30B, collect a       2008)).\c\
                                                            minimum sample as
                                                            specified in Method 30B
                                                            at 40 CFR part 60,
                                                            appendix A-8).
Oxides of nitrogen...........  220 parts per million by    3-run average (Collect      Performance test (Method
                                dry volume.                 sample for a minimum        7 or 7E at 40 CFR part
                                                            duration of one hour per    60, appendix A-4).
                                                            run).
Sulfur dioxide...............  26 parts per million by     3-run average (For Method   Performance test (Method
                                dry volume.                 6, collect a minimum        6 or 6C at 40 CFR part
                                                            volume of 200 liters per    40, appendix A-4; or
                                                            run. For Method 6C,         ANSI/ASME PTC 19.10-
                                                            collect sample for a        1981).\c\
                                                            minimum duration of one
                                                            hour per run).
Cadmium......................  0.095 milligrams per dry    3-run average (collect a    Performance test (Method
                                standard cubic meter.       minimum volume of 1 dry     29 at 40 CFR part 60,
                                                            standard cubic meters per   appendix A-8).
                                                            run).
Lead.........................  0.30 milligrams per dry     3-run average (collect a    Performance test (Method
                                standard cubic meter.       minimum volume of 1 dry     29 at 40 CFR part 60,
                                                            standard cubic meters per   appendix A-8).
                                                            run).
Fugitive emissions from ash    Visible emissions of        Three 1-hour observation    Visible emission test
 handling.                      combustion ash from an      periods.                    (Method 22 of appendix A-
                                ash conveying system                                    7 of this part).
                                (including conveyor
                                transfer points) for no
                                more than 5 percent of
                                the hourly observation
                                period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec. 60.17.


[[Page 1186]]


                  Table 4 to Subpart MMMM of Part 60--Model Rule--Operating Parameters for Existing Sewage Sludge Incineration Units a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      And monitor using these minimum frequencies
                                    You must establish these -------------------------------------------------------------------------------------------
  For these operating parameters        operating limits                                                                     Data averaging  period for
                                                                     Data measurement              Data recording \b\                compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          All sewage sludge incineration units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Combustion chamber operating       Minimum combustion         Continuous...................  Every 15 minutes.............  12-hour block.
 temperature (not required if       chamber operating
 afterburner temperature is         temperature or
 monitored).                        afterburner temperature.
Fugitive emissions from ash        Site-specific operating    Not applicable...............  No applicable................  Not applicable.
 handling.                          requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pressure drop across each wet      Minimum pressure drop....  Continuous...................  Every 15 minutes.............  12-hour block.
 scrubber.
Scrubber liquid flow rate........  Minimum flow rate........  Continuous...................  Every 15 minutes.............  12-hour block.
Scrubber liquid pH...............  Minimum pH...............  Continuous...................  Every 15 minutes.............  3-hour block.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Fabric Filter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak         Maximum alarm time of the bag leak detection system alarm (this operating limit is provided in Sec. 60.4850 and is
 detection system alarm.            not established on a site-specific basis)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Electrostatic precipitator
--------------------------------------------------------------------------------------------------------------------------------------------------------
Secondary voltage of the           Minimum power input to     Continuous...................  Hourly.......................  12-hour block.
 electrostatic precipitator         the electrostatic
 collection plates.                 precipitator collection
                                    plates.
Secondary amperage of the
 electrostatic precipitator
 collection plates.
Effluent water flow rate at the    Minimum effluent water     Hourly.......................  Hourly.......................  12-hour block.
 outlet of the electrostatic        flow rate at the outlet
 precipitator.                      of the electrostatic
                                    precipitator.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Activated carbon injection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate...  Minimum mercury sorbent    Hourly.......................  Hourly.......................  12-hour block.
                                    injection rate.
Dioxin/furan sorbent injection     Minimum dioxin/furan
 rate.                              sorbent injection rate.
Carrier gas flow rate or carrier   Minimum carrier gas flow   Continuous...................  Every 15 minutes.............  12-hour block.
 gas pressure drop.                 rate or minimum carrier
                                    gas pressure drop.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Afterburner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Temperature of the afterburner     Minimum temperature of     Continuous...................  Every 15 minutes.............  12-hour block.
 combustion chamber.                the afterburner
                                    combustion chamber.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec. 60.5190, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing
  certain operating limits.
\b\ This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data
  recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-
  hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages.


[[Page 1187]]


    Table 5 to Subpart MMMM of Part 60--Model Rule--Toxic Equivalency
                                 Factors
------------------------------------------------------------------------
                                                                Toxic
                    Dioxin/furan isomer                      equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.................             1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin...............             1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin..............           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin...........          0.01
octachlorinated dibenzo-p-dioxin..........................        0.0003
2,3,7,8-tetrachlorinated dibenzofuran.....................           0.1
2,3,4,7,8-pentachlorinated dibenzofuran...................           0.3
1,2,3,7,8-pentachlorinated dibenzofuran...................          0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran..................           0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran..................           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran...............          0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran...............          0.01
octachlorinated dibenzofuran..............................        0.0003
------------------------------------------------------------------------


[[Page 1188]]


  Table 6 to Subpart MMMM of Part 60--Model Rule--Summary of Reporting Requirements for Existing Sewage Sludge
                                              Incineration Units a
----------------------------------------------------------------------------------------------------------------
              Report                     Due date                    Contents                     Reference
----------------------------------------------------------------------------------------------------------------
Increments of progress report....  No later than 10     1. Final control plan including     Sec. 60.5235(a).
                                    business days        air pollution control device
                                    after the            descriptions, process changes,
                                    compliance date      type of waste to be burned, and
                                    for the increment.   the maximum design sewage sludge
                                                         burning capacity.
                                                        2. Notification of any failure to
                                                         meet an increment of progress..
                                                        3. Notification of any closure....
Initial compliance report........  No later than 60     1. Company name and address.......  Sec. 60.5235(b).
                                    days following the  2. Statement by a responsible
                                    initial              official, with that official's
                                    performance test.    name, title, and signature,
                                                         certifying the accuracy of the
                                                         content of the report.
                                                        3. Date of report.................
                                                        4. Complete test report for the
                                                         initial performance test.
                                                        5. Results of CMS \b\ performance
                                                         evaluation.
                                                        6. The values for the site-
                                                         specific operating limits and the
                                                         calculations and methods used to
                                                         establish each operating limit.
                                                        7. Documentation of installation
                                                         of bag leak detection system for
                                                         fabric filter.
                                                        8. Results of initial air
                                                         pollution control device
                                                         inspection, including a
                                                         description of repairs.
                                                        9. The site-specific monitoring
                                                         plan required under Sec.
                                                         60.5200.
                                                        10. The site-specific monitoring
                                                         plan for your ash handling system
                                                         required under Sec. 60.5200.
Annual compliance report.........  No later than 12     1. Company name and address.......  Sec. 60.5235(c).
                                    months following    2. Statement and signature by
                                    the submission of    responsible official..
                                    the initial         3. Date and beginning and ending
                                    compliance report;   dates of report..
                                    subsequent reports  4. If a performance test was
                                    are to be            conducted during the reporting
                                    submitted no more    period, the results of the test,
                                    than 12 months       including any new operating
                                    following the        limits and associated
                                    previous report.     calculations and the type of
                                                         activated carbon used, if
                                                         applicable..
                                                        5. For each pollutant and
                                                         operating parameter recorded
                                                         using a CMS, the highest recorded
                                                         3-hour average and the lowest
                                                         recorded 3-hour average, as
                                                         applicable.
                                                        6. If no deviations from emission
                                                         limits, emission standards, or
                                                         operating limits occurred, a
                                                         statement that no deviations
                                                         occurred.
                                                        7. If a fabric filter is used, the
                                                         date, time, and duration of
                                                         alarms.
                                                        8. If a performance evaluation of
                                                         a CMS was conducted, the results,
                                                         including any new operating
                                                         limits and their associated
                                                         calculations.
                                                        9. If you met the requirements of
                                                         Sec. 60.5205(a)(3) and did not
                                                         conduct a performance test,
                                                         include the dates of the last
                                                         three performance tests, a
                                                         comparison to the 50 percent
                                                         emission limit threshold of the
                                                         emission level achieved in the
                                                         last three performance tests, and
                                                         a statement as to whether there
                                                         have been any process changes.
                                                        10. Documentation of periods when
                                                         all qualified SSI unit operators
                                                         were unavailable for more than 8
                                                         hours but less than 2 weeks.
                                                        11. Results of annual pollutions
                                                         control device inspections,
                                                         including description of repairs.
                                                        12. If there were no periods
                                                         during which your CMSs had
                                                         malfunctions, a statement that
                                                         there were no periods during
                                                         which your CMSs had malfunctions.

[[Page 1189]]

 
                                                        13. If there were no periods
                                                         during which your CMSs were out
                                                         of control, a statement that
                                                         there were no periods during
                                                         which your CMSs were out of
                                                         control.
                                                        14. If there were no operator
                                                         training deviations, a statement
                                                         that there were no such
                                                         deviations.
                                                        15. Information on monitoring plan
                                                         revisions, including a copy of
                                                         any revised monitoring plan.
Deviation report (deviations from  By August 1 of a     If using a CMS:...................  Sec. 60.5235(d).
 emission limits, emission          calendar year for   1. Company name and address.......
 standards, or operating limits,    data collected      2. Statement by a responsible
 as specified in Sec. during the first     official..
 60.5235(e)(1)).                    half of the         3. The calendar dates and times
                                    calendar year; by    your unit deviated from the
                                    February 1 of a      emission limits or operating
                                    calendar year for    limits..
                                    data collected      4. The averaged and recorded data
                                    during the second    for those dates..
                                    half of the         5. Duration and cause of each
                                    calendar year.       deviation..
                                                        6. Dates, times, and causes for
                                                         monitor downtime incidents.
                                                        7. A copy of the operating
                                                         parameter monitoring data during
                                                         each deviation and any test
                                                         report that documents the
                                                         emission levels.
                                                        8. For periods of CMS malfunction
                                                         or when a CMS was out of control,
                                                         you must include the information
                                                         specified in Sec.
                                                         60.5235(d)(3)(viii).
                                                        If not using a CMS:...............
                                                        1. Company name and address.......
                                                        2. Statement by a responsible
                                                         official.
                                                        3. The total operating time of
                                                         each affected SSI.
                                                        4. The calendar dates and times
                                                         your unit deviated from the
                                                         emission limits, emission
                                                         standard, or operating limits.
                                                        5. The averaged and recorded data
                                                         for those dates.
                                                        6. Duration and cause of each
                                                         deviation.
                                                        7. A copy of any performance test
                                                         report that showed a deviation
                                                         from the emission limits or
                                                         standards.
                                                        8. A brief description of any
                                                         malfunction, a description of
                                                         actions taken during the
                                                         malfunction to minimize
                                                         emissions, and corrective action
                                                         taken.
Notification of qualified          Within 10 days of    1. Statement of cause of deviation  Sec. 60.5235(e).
 operator deviation (if all         deviation.          2. Description of actions taken to
 qualified operators are not                             ensure that a qualified operator
 accessible for 2 weeks or more).                        will be available..
                                                        3. The date when a qualified
                                                         operator will be accessible..
Notification of status of          Every 4 weeks        1. Description of actions taken to  Sec. 60.5235(e).
 qualified operator deviation.      following            ensure that a qualified operator
                                    notification of      is accessible.
                                    deviation.          2. The date when you anticipate
                                                         that a qualified operator will be
                                                         accessible..
                                                        3. Request for approval to
                                                         continue operation..
Notification of resumed operation  Within five days of  1. Notification that you have       Sec. 60.5235(e).
 following shutdown (due to         obtaining a          obtained a qualified operator and
 qualified operator deviation and   qualified operator   are resuming operation.
 as specified in Sec. and resuming
 60.5155(b)(2)(i).                  operation.

[[Page 1190]]

 
Notification of a force majeure..  As soon as           1. Description of the force         Sec. 60.5235(f).
                                    practicable          majeure event.
                                    following the date  2. Rationale for attributing the
                                    you first knew, or   delay in conducting the
                                    through due          performance test beyond the
                                    diligence should     regulatory deadline to the force
                                    have known that      majeure.
                                    the event may       3. Description of the measures
                                    cause or caused a    taken or to be taken to minimize
                                    delay in             the delay..
                                    conducting a        4. Identification of the date by
                                    performance test     which you propose to conduct the
                                    beyond the           performance test..
                                    regulatory
                                    deadline; the
                                    notification must
                                    occur before the
                                    performance test
                                    deadline unless
                                    the initial force
                                    majeure or a
                                    subsequent force
                                    majeure event
                                    delays the notice,
                                    and in such cases,
                                    the notification
                                    must occur as soon
                                    as practicable.
Notification of intent to start    1 month before       1. Intent to start or stop use of   Sec. 60.5235(g).
 or stop use of a CMS.              starting or          a CMS.
                                    stopping use of a
                                    CMS.
Notification of intent to conduct  At least 30 days     1. Intent to conduct a performance
 a performance test.                prior to the         test to comply with this subpart.
                                    performance test.
Notification of intent to conduct  At least 7 days      1. Intent to conduct a rescheduled
 a rescheduled performance test.    prior to the date    performance test to comply with
                                    of a rescheduled     this subpart.
                                    performance test.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.


[[Page 1191]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 1193]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2011)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)

[[Page 1194]]

       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)

[[Page 1195]]

     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
     LXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 8200--8299)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 8700--8799)
    LXXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 9200--9299)

[[Page 1196]]

     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)

[[Page 1197]]

     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)

[[Page 1198]]

       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

[[Page 1199]]

        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

[[Page 1200]]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

[[Page 1201]]

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)

[[Page 1202]]

        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)

[[Page 1203]]

        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)

[[Page 1204]]

      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Ocean Energy Management, Regulation, and 
                Enforcement, Department of the Interior (Parts 
                200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Departmnent of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)

[[Page 1205]]

       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 1206]]

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)
        II  Armed Forces Retirement Home

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)

[[Page 1207]]

        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)

[[Page 1208]]

         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)

[[Page 1209]]

       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)

[[Page 1210]]

        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)

[[Page 1211]]

         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 1213]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2011)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture.     7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 1214]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 1215]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 1216]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105

[[Page 1217]]

  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V

[[Page 1218]]

Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  MBureau of Ocean Energy Management,             30, II
       Regulation, and Enforcement
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29

[[Page 1219]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Office of Workers' Compensation Programs        20, VII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture.       7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI

[[Page 1220]]

  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV

[[Page 1221]]

Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
Special Inspector General for Iraq                5, LXXXVII
     Reconstruction
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
   and Water Commission, United States Section
[[Page 1222]]

Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1223]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 2001, see the ``List of CFR Sections Affected, 1964-
1972, 1973-1985, and 1986-2000'' published in ten separate volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
Chapter I
60 Authority delegation notice..............................12871, 16606
    Delegation of authority........................................50110
60.4 (a), (b) and (c) table amended................................13440
    (c) table corrected............................................17599
    (a), (b) and (c) table amended; eff. 8-14-01...................32554
    Regulation at 66 FR 32554 withdrawn............................42425
    (a), (b) and (c) table amended.................................42438
60.13 Regulation at 65 FR 48920 eff. date delayed...................9034
    (g) revised....................................................44980
60.17 Regulation at 65 FR 48920 eff. date delayed...................9034
60.41a Amended.....................................................18551
    Regulation at 66 FR 18551 withdrawn in part....................31177
60.41b Amended.....................................................49834
60.44a (a) introductory text and (d)(1) revised....................18551
    (d)(2) revised.................................................42610
60.44b (l) revised.................................................42610
60.46a (i) revised; (j) and (k) added..............................18552
    Regulation at 18552 withdrawn in part..........................31177
    (j)(2) added...................................................31178
60.47a (k) introductory text and (l) revised; (m), (n) and (o) 
        added......................................................18553
60.46b (f) revised.................................................18553
60.48b (h) revised.................................................18553
60.51b Amended.....................................................36476
60.58b (a)(1) introductory text revised; (a)(1)(iii) added.........57827
60.2000--60.2265 (Subpart CCCC) Table 1 revised....................16606
60 Regulation at 65 FR 48920 eff. date delayed......................9034

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
60 Authority delegation notices.............................55125, 70170
60 Technical correction.............................................1295
60.4 (a) amended; (b)(D), (F), (M), (DD), (AAA), (DDD) and (EEE) 
        revised; (d) added.........................................20655
    (b)(DD)(1) second table correctly removed; (B)(D)(1) second 
table correctly redesignated as new (b)(DD)(1) second table; new 
(b)(D)(1) second table correctly added; CFR correction......43550, 43707
    (c) amended....................................................57521
    (c) table amended..............................................59000
60.13 (d)(1) corrected; CFR correction.............................43550

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
60 Authority delegation notices....................................69029

[[Page 1224]]

60.4 (a), (b)(Q) and (R) amended...................................35792
    (c) table amended..............................................62535
    (b)(GG) revised; (e) added.....................................69043
60.17 (a) introductory text, (8), (15), (18), (20), (33), (43) and 
        (50) revised; (a)(38) removed; (a)(65) through (75) and 
        (m) added..................................................17997
    Regulation at 68 FR 17997 withdrawn............................31611
60.51c Corrected; CFR correction...................................61759
60.110b (a) and (b) revised; (c) removed; (d)(8) added.............59332
60.111b Amended....................................................59333
60.116b (b) amended................................................59333
60.331 (s) through (aa) added......................................17997
    Regulation at 68 FR 17997 withdrawn............................31611
60.332 (a)(1), (2) and (3) amended; (a)(3) redesignated as (a)(4); 
        new (a)(3) added...........................................17998
    Regulation at 68 FR 17998 withdrawn............................31611
60.333 (b) revised.................................................17998
    Regulation at 68 FR 17998 withdrawn............................31611
60.334 (c) redesignated as (j); (a), (b), new (j) introductory 
        text, (1) and (2) revised; new (c) through (i) and (j)(5) 
        added......................................................17998
    Regulation at 68 FR 17998 withdrawn............................31611
60.335 (a), (d) and (e) removed; (b), (c) and (f) redesignated as 
        new (a), (b) and (c); new (a), (b) and (c)(1) revised......18001
    Regulation at 68 FR 18001 withdrawn............................31611
60.501 Amended.....................................................70965
60.503 (e) and (f) added...........................................70965
60.505 (e) added...................................................70965
60.593 (e) correctly revised; CFR correction.......................46489

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
60.4 (b)(WW) revised................................................7145
    (b)(MM) revised.................................................7156
    (b)(T) revised; (e)(2) added...................................15693
    (c) table amended..............................................61766
60.17 (a)(38) removed; (a) introductory text, (8), (15), (18), 
        (20), (33), (43) and (50) revised; (a)(65) through (75) 
        and (m) added..............................................41358
60.34b Table 3 revised.............................................42121
60.49b (x) added...................................................40773
60.331 (s) through (y) added.......................................41359
60.332 (a)(1) and (2) amended; (a)(3) redesignated as (a)(4); new 
        (a)(4) revised; new (a)(3) added...........................41359
60.333 (b) revised.................................................41360
60.334 (c) redesignated as (j); (a), (b), new (j) introductory 
        text, (j)(1) and (2) revised; new (c) through (i) and 
        (j)(5) added...............................................41360
60.335 Revised.....................................................41363

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
60 Authority delegation notices.............................36515, 66794
60.4 (b)(GG)(i), (ii) and (e)(3) added.............................73144
60.17 Introductory text, (a)(12) and (22) amended; (a)(76) added; 
        eff. 7-18-05...............................................28649
    (h) introductory text revised; (h)(4) added....................74892
60.21 (a) and (f) revised; (k) added; eff. 7-18-05.................28649
60.24 (b)(1) revised; (h) added; eff. 7-18-05......................28649
60.25 (b)(1) amended...............................................59887
60.40a Redesignated as 60.40Da.....................................51268
60.40Da Redesignated from 60.40a...................................51268
60.41a Amended; eff. 7-18-05.......................................28652
    Redesignated as 60.41Da........................................51268
60.41Da Redesignated from 60.41a...................................51268
60.41c Correctly amended; CFR correction...........................74679
60.42a Redesignated as 60.42Da.....................................51268
60.42Da Redesignated from 60.42a...................................51268
60.43a Redesignated as 60.43Da.....................................51268
60.43Da Redesignated from 60.43a; (f) amended......................51268
60.44a Redesignated as 60.44Da.....................................51268
60.44Da Redesignated from 60.44a; (a), (b) and (d)(1) amended......51268
60.45a Redesignated as 60.47a; new 60.45a added; eff. 7-18-05......28653

[[Page 1225]]

    Redesignated as 60.45Da........................................51268
60.45Da Redesignated from 60.45a; (a) and (b) amended..............51268
60.46a Redesignated as 60.48a; new 60.46a added; eff. 7-18-05......28653
    Redesignated as 60.46Da........................................51268
60.46Da Redesignated from 60.46a...................................51268
60.47a Redesignated as 60.49a; new 60.47a redesignated from 
        60.45a; eff. 7-18-05.......................................28653
    Redesignated as 60.47Da........................................51268
60.47Da Redesignated from 60.47a; (b), (c) and (d) amended.........51268
60.48a Redesignated as 60.50a; new 60.48a redesignated from 
        60.46a; eff. 7-18-05.......................................28653
    (c) revised; (h), (i), (j)(2), (k)(2)(ii), (iii) and (iv) 
amended; (l) added; eff. 7-18-05...................................28654
    Redesignated as 60.48Da........................................51268
60.48Da Redesignated from 60.48a; (a), (b), (c), (d)(3), (e), (f), 
        (h), (i), (j) introductory text, (1), (2), (k) 
        introductory text, (1), (iv), (2) introductory text, (ii), 
        (iii), (iv) and (l) amended................................51268
60.49a Redesignated as 60.51a; new 60.49a redesignated from 
        60.47a; eff. 7-18-05.......................................28653
    (c)(2) and (g) amended; (p) added; eff. 7-18-05................28654
    Redesignated as 60.49Da........................................51268
60.49Da Redesignated from 60.49a; (b)(2), (c)(2), (g), (k), (l), 
        (o), (p), (4)(iii) and (iv) amended........................51268
60.50a Redesignated from 60.48a; eff. 7-18-05......................28653
    (c)(5), (d)(2) and (e)(2) amended; (g) added; eff. 7-18-05.....28655
    Redesignated as 60.50Da........................................51268
60.50Da Redesignated from 60.50a; (b) introductory text, (c) 
        introductory text, (5), (d) introductory text, (2), 
        (e)(2), (g) introductory text, (h) introductory text and 
        (1) amended................................................51268
60.51a Redesignated from 60.49a; eff. 7-18-05......................28653
    (a) revised; (g) through (j) redesignated as (h) through (k); 
(c) introductory text, (d)(1), (e)(1) and new (k) amended; eff. 7-
18-05..............................................................28656
    Redesignated as 60.51Da........................................51268
60.51Da Redesignated from 60.51a; (c) introductory text, (d) 
        introductory text, (1), (e) introductory text, (1) and (i) 
        amended....................................................51268
60.52a Added; eff. 7-18-05.........................................28656
    Redesignated as 60.52Da........................................51268
60.52Da Redesignated from 60.52a and amended.......................51268
60.271 (o) added....................................................8530
60.273 (c) revised; (e), (f) and (g) added..........................8530
60.274 (c) amended..................................................8532
60.275 (i) revised..................................................8532
60.276 (e) added....................................................8532
60.271a Amended.....................................................8532
60.273a (c) revised; (e) and (f) added..............................8532
60.274a (b), (c), (d) and (e) amended; (e) revised..................8533
60.276a (h) added...................................................8533
60.2265 Amended....................................................55580
60.2875 Amended....................................................55581
60.2880--60.2977 (Subpart EEEE) Added..............................74892
60.2980--60.3078 (Subpart FFFF) Added..............................74908
60.4101--60.4176 (Subpart HHHH) Added; eff. 7-18-05................28657

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
60 Policy statement................................................75117
60.4 (d)(1), (2)(vii), (3) and (4) revised..........................2474
    (c) table amended...............................................3778
60.13 (d)(1) correctly amended.....................................31102
60.17 (a), (h)(4) and (m)(1) revised...............................38494
    (a)(84) through (91) redesignated as (a)(85) through (92); new 
(a)(84) added......................................................39172
60.24 (h)(3) table revised; (h)(6)(ii)(C) and (8) amended..........33398
60.30b Revised; eff. 7-10-06.......................................27332
60.31b Amended; eff. 7-10-06.......................................27332
60.32b (b)(1), (d), (e), (f)(1) and (i)(1) revised; (n) added; 
        eff. 7-10-06...............................................27332
60.33b (a), (c), (d)(2) and (3) introductory text revised; (d) 
        introductory text Table 1 and (1)(iii) Table 2 removed; 
        eff. 7-10-06...............................................27333
60.34b (a) introductory text Table 3 removed; eff. 7-10-06.........27333

[[Page 1226]]

60.39b (b), (c) introductory text, (4)(iii)(B) and (e) revised; 
        (g) and (h) added; eff. 7-10-06............................27333
60.30b--60.39b (Subpart Cb) Tables 1, 2 and 3 added; eff. 7-10-06 
                                                                   27334
60.40Da (b) revised.................................................9876
    (a)(2) revised.................................................33399
60.41Da Amended..............................................9876, 33400
60.42Da (a) introductory text revised; (c) and (d) added............9877
60.43Da (a) introductory text and (b) introductory text revised; 
        (i), (j) and (k) added......................................9877
60.44Da (d) revised; (e) and (f) added..............................9878
60.45Da (a) introductory text, (1), (2)(i), (ii), (3), (4) and (b) 
        revised....................................................33400
60.48Da (g), (i), (k) introductory text, (1) introductory text, 
        (iv) and (2) introductory text revised; (m) through (p) 
        added.......................................................9878
    (j) introductory text amended; (l) revised.....................33400
60.49Da (Subpart Da) (a), (b)(2), (f), (k)(3), (l) and (o) 
        revised; (t), (u) and (v) added.............................9880
60.40b (Subpart Db) (i) revised; (k) and (l) added..................9881
60.40Db (e) amended................................................33400
60.41b (Subpart Db) Amended.........................................9881
60.42b (Subpart Db) (a) introductory text, (b), (d) introductory 
        text and (3) revised; (d)(4) and (k) added..................9881
60.43b (Subpart Db) (h) added.......................................9882
60.44b (Subpart Db) (l)(3) added....................................9882
60.45b (Subpart Db) (c) introductory text revised; (k) added........9883
60.46b (Subpart Db) (a) and (b) revised; (i) and (j) added..........9883
60.47b (Subpart Db) (a) and (d) revised; (g) added..................9883
60.48b (Subpart Db) (a), (b) introductory text and (d) revised; 
        (j) and (k) added...........................................9884
60.49b (y) added...................................................66685
60.40c (Subpart Dc) (e), (f) and (g) added..........................9884
60.41c (Subpart Dc) Amended.........................................9884
60.42c (Subpart Dc) (a), (b) introductory text and (1) revised......9884
60.43c (Subpart Dc) (e) added.......................................9885
60.45c (Subpart Dc) (a) introductory text revised; (c) and (d) 
        added.......................................................9885
60.47c (Subpart Dc) (a) revised; (c) and (d) added..................9886
60.48c (Subpart Dc) (g) revised.....................................9886
60.50 (c), (d) and (e) added.......................................27335
60.50b (Subpart Eb) (a), (b)(1), (e), (f), (g)(1), (j)(1) and (n) 
        revised; eff. 11-6-06......................................27335
60.50Da (g)(2) revised..............................................9881
    (e)(2) and (g) introductory text amended.......................33400
60.51b (Subpart Eb) Amended; eff. 11-6-06..........................27335
60.52b (Subpart Eb) (a) introductory text, (1), (3), (4) and (5) 
        revised; eff. 11-6-06......................................27336
60.53b (Subpart Eb) (b)(1), (2), (c)(1) and (2) revised; (d) 
        added; eff. 11-6-06........................................27336
60.54b (Subpart Eb) (c)(2) revised; (c)(3) added; eff. 11-6-06.....27337
60.57b (Subpart Eb) (a) introductory text and (6) revised; eff. 
        11-6-06....................................................27337
60.58b (Subpart Eb) (a)(1) introductory text, (iii), (b) 
        introductory text, (6)(i), (7), (c) introductory text, 
        (2), (3), (9), (11), (d)(1)(ii), (vii), (2)(ii), (iii), 
        (iv), (ix), (e)(7) introductory text, (12) introductory 
        text, (i)(A), (B), (14), (g)(2), (5)(i), (iii), (7), 
        (h)(6) introductory text, (10)(i)(B), (12), (i)(3)(ii) 
        introductory text, (B), (8), (9), (10) introductory text, 
        (11), (m) introductory text, (1)(ii) and (2) revised; 
        (b)(8), (c)(10), (d)(3), (4), (f)(8), (g)(5)(ii), (10), 
        (m)(4) and (n) through (q) added; eff. 11-6-06.............27337
60.59b (Subpart Eb) (d)(2)(i) introductory text, (ii) introductory 
        text, (3), (6) introductory text, (iv), (v), (7), (12) 
        introductory text, (14), (g) introductory text, (1)(ii), 
        (iv), (v), (4) and (h)(1) revised; (d)(2)(i)(E), (ii)(E), 
        (F), (6)(vi), (vii), (10), (12)(iv), (g)(5), (m), (n) and 
        (o) added; eff. 11-6-06....................................27345
60.334 (c), (e), (f) introductory text, (2), (j) introductory 
        text, (1)(iv) and (5) revised...............................9457
60.106 (b)(3) amended..............................................55127

[[Page 1227]]

60.284 (f) revised.................................................55127
60.335 (b)(8) revised...............................................9458
60.752 (b)(2)(iii)(A) revised......................................55127
60.754 (e) added...................................................55127
60.2880--60.2977 (Subpart EEEE) Table 1 amended....................67806
60.2980--60.3078 (Subpart FFFF) Table 2 amended....................67806
60.4104 Revised....................................................33400
60.4140 Revised....................................................33401
60.4141 (a) revised................................................33402
60.4200--60.4219 (Subpart IIII) Added..............................39172
60.4300--60.4420 (Subpart KKKK) Added..............................38497

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
60 Policy statement.................................................1937
    Actions on petitions.....................................2620, 13016
    Authority delegation notice.............................13444, 60561
    Authority citation revised.....................................59204
    Regulation at 72 FR 51370 and 51373 withdrawn..................62414
60.2 Amended.......................................................27442
60.4 (c) table amended..............................................4645
60.8 (a) revised...................................................27442
60.13 (h) revised..................................................32714
60.17 (a) and (h)(2) revised.......................................32714
    (a)(7), (35), (36), (41), (70), (88), (89) and (90) revised....64878
60.24 (h)(6)(i) and (8) amended....................................59204
60.40--60.46 (Subpart D) Revised...................................32717
60.40Da--60.52Da (Subpart Da) Revised..............................32722
60.40b--60.49b (Subpart Db) Revised................................32742
60.40c--60.48c (Subpart Dc) Revised................................32759
60.480--60.489 (Subpart VV) Heading revised........................64879
60.480 (b), (d)(2) through (5) and (e) revised.....................64879
60.481 Amended.....................................................64879
60.482-1 (e), (f) and (g) added....................................64880
60.482-2 (a), (b)(2), (c)(2), (d) introductory text, (1)(ii), (4), 
        (5), (6) and (e) introductory text revised.................64880
60.482-3 (a) and (j) revised.......................................64881
60.482-5 (a) and (b) revised.......................................64881
60.482-6 (a)(1) revised............................................64881
60.482-7 (a) and (c)(1) revised....................................64881
60.482-8 (a)(2) and (d) revised....................................64882
60.482-9 (a) revised; (f) added....................................64882
60.483-1 (d) revised...............................................64882
60.483-2 (b)(5) revised; (b)(7) added..............................64882
60.484 (a) amended; (b)(2) revised.................................64882
60.485 (b) introductory text, (e) introductory text, (1), (2), 
        (g)(4) and (5) revised; (h) added..........................64882
60.486 (e)(2)(ii) revised; (e)(6) added............................64883
60.487 (c)(2)(i), (iii) and (iv) revised...........................64883
60.480a--60.489a (Subpart VVa) Added...............................64883
60.590--60.593 (Subpart GGG) Heading revised.......................64895
60.590 (b) and (d) revised.........................................64895
60.591 Amended.....................................................64895
60.592 (b) revised.................................................64896
60.593 (b)(2) amended; (c) and (d) revised; (f) added..............64896
60.590a--60.593a (Subpart GGGa) Added..............................64896
60.4102 Amended....................................................59205

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
60.4 (d)(1) and (4) revised........................................18164
    (a) amended....................................................24871
    (c) table amended; eff. 7-28-08................................31315
60.17 (a)(82) and (h)(4) revised; (a)(84) through (90) 
        redesignated as (a)(85) and (87) through (92); new 
        (a)(84), (86) and (n) added.................................3590
    (h)(4) and (m)(1) revised; (m) introductory text amended.......35865
60.18 Heading and (a) revised; (g), (h) and (i) added..............78209
60.1--60.19 (Subpart A) Table 1 added..............................78211
60.100 (a) amended; (b), (c) and (d) revised.......................35865
60.101 (d) revised.................................................35865
60.102 (b) revised.................................................35866
60.104 (b)(1) and (2) revised......................................35866
60.105 (a)(3) introductory text amended; (a)(3)(iv), (4) 
        introductory text, (8) introductory text and (i) revised; 
        (a)(4)(iv) and (b) added...................................35866

[[Page 1228]]

60.106 (b)(3) introductory text revised; (e)(2) amended............35867
60.107 (c)(1)(i) amended; (e) and (f) redesignated as (f) and (g); 
        new (e) added..............................................35867
60.108 (e) amended.................................................35867
60.100a--60.109a (Subpart Ja) Added................................35867
    Regulation at 73 FR 35867 stayed to 9-26-08....................43627
60.100a (c) stayed to 12-25-08.....................................55752
    (c) stayed from 12-26-08 to 2-24-09; interim...................78548
    (c) stayed indefinitely from 2-24-09...........................78552
60.101a Stayed in part to 12-25-08.................................55752
    Stayed in part from 12-26-08 to 2-24-09; interim...............78552
    Stayed in part indefinitely from 2-24-09.......................78548
60.102a (g) stayed to 12-25-08.....................................55752
    (g) stayed from 12-26-08 to 2-24-09; interim...................78548
    (g) stayed indefinitely from 2-24-09...........................78548
60.107a (d) and (e) stayed to 12-25-08.............................55752
    (d) and (e) stayed from 12-26-08 to 2-24-09; interim...........78549
    (d) and (e) stayed indefinitely from 2-24-09...................78549
60.480 (f) added; eff. 8-1-08......................................31375
    (f) added; eff. to 8-1-08......................................31379
60.481 Stayed in part indefinitely from 8-1-08.....................31375
    Stayed in part to 8-1-08.......................................31379
60.482-1 (g) stayed indefinitely from 8-1-08.......................31375
    (g) stayed until 8-1-08........................................31379
60.480a (f) added; eff. 8-1-08.....................................31375
    (f) added; eff. to 8-1-08......................................31379
60.481a Stayed in part indefinitely from 8-1-08....................31376
    Stayed in part to 8-1-08.......................................31379
60.482-1a (g) stayed indefinitely from 8-1-08......................31376
    (g) stayed to 8-1-08...........................................31379
60.482-11a Stayed indefinitely from 8-1-08.........................31376
    Stayed to 8-1-08...............................................31380
60.590 (e) added; eff. 8-1-08......................................31376
    (e) added; eff. to 8-1-08......................................31380
60.590a (e) added; eff. 8-1-08.....................................31376
    (e) added; eff. to 8-1-08......................................31380
60.591 Stayed in part indefinitely from 8-1-08.....................31376
    Stayed in part to 8-1-08.......................................31380
60.591a Stayed in part indefinitely from 8-1-08....................31376
    Stayed in part to 8-1-08.......................................31380
60.4230--60.4248 (Subpart JJJJ) Added...............................3591
60.4231 Heading and (a) through (d) revised; (f) added.............59175
60.4238 Revised....................................................59176
60.4239 Revised....................................................59176
60.4240 Revised....................................................59176
60.4241 Heading and (b) revised; (i) added.........................59176
60.4242 Heading, (a) and (b) revised; (f) added....................59177
60.4245 (a)(3) revised.............................................59177
60.4247 Heading, (a) and (b) revised...............................59177
60.4248 Amended....................................................59177

                                  2009

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
60.4 (c) table amended..............................................9961
    (d)(1), (2)(vii), (viii), (ix), (3) and (4) revised; eff. 7-
20-09..............................................................23315
     (b)(B), (K), (L), (S), (Z), (II), (PP) and (RR) revised.......55144
    (a) amended; (b)(I), (J), (V), (NN), (VV) and (XX) revised.....66922
60.17 (a)(17) through (92) redesignated as (a)(18) through (93); 
        new (a)(17) added...........................................5076
    (a)(90) and (h)(4) revised.....................................51402
    (a)(13) and (h)(4) revised; (a)(14) removed; (a)(15) through 
(93) redesignated as new (a)(14) through (92)......................51977
60.32e (a) revised; (j) added......................................51402
60.33e Revised.....................................................51403
60.36e (a) introductory text and (b) revised; (c) and (d) added....51403
60.37e (b)(2) through (5), (c) and (d) redesignated as (c)(1) 
        through (4), (d) and (e); new (b)(2), (c) introductory 
        text and (f) added; (a), (b) introductory text, (1), new 
        (c)(2), (3), (4), new (d) and new (e) introductory text 
        and (3) revised............................................51403
60.38e (a), (b) introductory text and (1) revised..................51404

[[Page 1229]]

60.39e (a), (c) introductory text, (1), (d)(3) and (f) revised.....51404
60.30e--60.39e (Subpart Ce) Table 1 redesignated as Table 1A and 
        revised....................................................51405
    Table 1B added.................................................51406
    Table 2 redesignated as Table 2A and revised; Table 2B added 
                                                                   51407
60.42 (c) added.....................................................5077
60.43 (d) revised...................................................5077
60.45 (a), (b)(1), (6)(i)(C), (g)(2), (3) and (4) revised; (b)(7) 
        and (h) added...............................................5077
60.46 (d)(2) revised................................................5078
60.40Da (a) and (b) revised; (e) added..............................5078
60.41Da Amended.....................................................5079
60.42Da (b) revised.................................................5079
60.48Da (g)(3), (n), (o) introductory text, (1), (2)(ii), (iv), 
        (vi), 1(3)(i), (ii), (4)(i)(E), (ii)(F), (v), (5), (p) 
        introductory text and (2) revised; (j)(2), (o)(2)(iii), 
        (3)(iii), (v), (4)(ii) introductory text amended; (q) 
        added.......................................................5079
60.49Da (a), (b)(4) introductory text, (iii), (d), (i)(3), (k) 
        introductory text, (t), (u), (v) introductory text, (2), 
        (w)(1) and (2) revised; (v)(4) and (w) introductory text 
        added.......................................................5081
60.50c (a) and (i)(2) revised; (i)(3), (4), (5), (m) and (n) added
                                                                   51408
60.50Da (e)(1) and (f) revised......................................5083
60.51c Amended.....................................................51408
60.51Da (b)(2) and (3) revised......................................5083
60.52c (a), (b) and (c) revised....................................51409
60.52Da Revised.....................................................5083
60.40Db (i) amended.................................................5084
60.41Db Amended.....................................................5084
60.42Db (a), (b), (c), (d) introductory text, (k)(1), (2) and (3) 
        revised.....................................................5084
60.43Db (f), (g), (h)(1) and (5) revised; (h)(6) added..............5085
60.44Db (l)(1) revised..............................................5086
60.45Db (a), (c)(2)(i), (4) introductory text, (5), (d) 
        introductory text, (j) and (k) revised......................5086
60.46Db (d)(1), (2)(ii), (e)(2), (4), (g), (i), (j) introductory 
        text and (11) revised; (j)(14) added........................5086
60.47Db (a) introductory text and (e)(4)(i) amended.................5087
60.48Db (a), (e)(1), (g) introductory text, (h), (j) introductory 
        text, (4)(i)(C) and (5) revised; (j)(4) introductory text 
        and (k) amended; (j)(6) added...............................5088
60.49Db (c) introductory text, (3), (d), (f), (h)(1), (2)(i), 
        (k)(2), (m) introductory text and (r)(1) revised............5089
60.40Dc (a), (f) and (g) revised; (e) amended.......................5090
60.41Dc Amended.....................................................5090
60.42Dc (e)(2) and (j) revised......................................5090
60.43Dc (c) revised.................................................5091
60.44Dc (h) revised.................................................5091
60.45Dc (a)(2), (8), (c) introductory text, (7) introductory text, 
        (8), (9) and (11) revised; (c)(14) added....................5091
60.55c Revised.....................................................51409
60.56c (b)(7) through (12), (c)(4), (h), (i) and (j) redesignated 
        as (b)(9) through (14), (c)(5), (i), (j) and (k); new 
        (b)(7), (8), (c)(4), (6), (7), (e)(6) through (10), (f)(7) 
        through (10), (g)(6) through (10) and (h) added; (a), (b) 
        introductory text, (4), (6), new (9), (10), (11) 
        introductory text, (12), (13), (14), (c)(2), (3), new (5), 
        (d) introductory text, (e) introductory text, (5), (f) 
        introductory text, (6), (g) introductory text, (5), new 
        (i) and (j) revised........................................51409
60.57c (b), (c) and (d) redesignated as (c), (d) and (e); new (b), 
        (f), (g) and (h) added; (a), new (d) and new (e) revised 
                                                                   51412
60.58c (b)(2)(viii) through (xv) redesignated as (b)(2)(ix) 
        through (xvi); new (b)(2)(viii), (xvii), (xviii), (xix), 
        (c)(4), (d)(9), (10), (11) and (g) added; (a)(2)(iv), new 
        (b)(2)(xvi), (6), (11), (c) introductory text, (1), (2), 
        (d) introductory text, (1), (2) and (3) revised............51413
60.50c--60.58c (Subpart Ec) Table 1 redesignated as Table 1A and 
        revised....................................................51414
    Table 1B added.................................................51415
60.250--60.258 (Subpart Y) Revised.................................51977

[[Page 1230]]

60.47Dc (a) through (d), (e) introductory text, (1)(iii) and (f) 
        revised; (g) added..........................................5091
60.250--60.258 (Subpart Y) Revised.................................51977
60.48Dc (c), (e)(11), (f)(1)(iii) and (4)(ii) revised...............5093
60.664 (f)(1) introductory text correctly amended; CFR correction 
                                                                   29948
60.670--60.676 (Subpart OOO) Added.................................19309
60.4330 (a) revised................................................11861
60.4420 Amended....................................................11862

                                  2010

40 CFR
                                                                   75 FR
                                                                    Page
Chapter I
60.4 (b)(O), (P), (X), (Y), (KK) and (YY) revised..................55276
    (a), (b)(D), (F), (M), (DD), (AAA), (DDD) and (EEE) amended....69350
60.8 (g) added.....................................................55646
60.17 (b)(T) and (e)(2) revised....................................19257
    (h)(4) revised.................................................55034
60.62 Revised......................................................55034
60.63 Revised......................................................55035
60.64 Revised......................................................55037
60.66 Revised......................................................55037

                                  2011

   (Regulations published from January 1, 2011, through July 1, 2011)

40 CFR
                                                                   76 FR
                                                                    Page
Chapter I
60 State authority delegations.....................................10761
    Actions on petitions...........................................28318
60.4 (d)(2)(viii) table corrected; CFR correction..................38024
60.17 (h)(4) revised................................................2835
    (a)(93) and (o) added; (h)(4) revised...................15404, 15750
    Regulation at 76 FR 15750 eff. date delayed indefinitely.......28664
60.32e (k) added...................................................18412
60.39e (d)(3) revised..............................................18412
60.30e--60.39e (Subpart Ce) Table 1A revised.......................18412
60.42 (c) amended...................................................3522
60.45 (b)(7) introductory text and (i)(D) revised; (b)(7)(ii)(A) 
        amended.....................................................3522
60.48Da (c) revised.................................................3522
60.49Da (a)(3) introductory text and (ii)(D) revised; 
        (a)(3)(iii)(A) amended; (v)(2)(ii) removed; (v)(2)(iii) 
        redesignated as new (v)(2)(ii)..............................3523
60.42b (k)(4) added.................................................3523
60.46b (j)(11)(ii) removed; (j)(11)(iii) redesignated as new 
        (j)(11)(ii).................................................3523
60.48b (a) introductory text and (1)(iv) revised; (a)(2)(i) 
        amended.....................................................3523
60.45c (c)(11)(ii) removed; (c)(11)(iii) redesignated as new 
        (c)(11)(ii).................................................3523
60.47c (a) introductory text and (1)(iv) revised; (a)(2)(i) 
        amended.....................................................3523
60.58c (d)(1), (2) and (3) revised.................................18413
60.50c--60.58c (Subpart Ec) Table 1A revised.......................18413
    Table 1B revised...............................................18414
60.101a Eff. date note correctly added; CFR correction.............10524
60.102a Eff. date note correctly added; CFR correction.............10524
60.107a Eff. date note correctly added; CFR correction.............10524
60.2000--60.2265 (Subpart CCCC) Heading revised....................15750
    Regulation at 76 FR 15750 eff. date delayed indefinitely.......28664
60.2005 Revised....................................................15750
    Regulation at 76 FR 15750 eff. date delayed indefinitely.......28664
60.2015 Revised....................................................15750
    Regulation at 76 FR 15750 eff. date delayed indefinitely.......28664
60.2020 Introductory text, (c), (e)(3), (f)(3), (g), (m) and (n) 
        revised; (b), (j), (k), (l) and (o) removed................15750
    Regulation at 76 FR 15750 eff. date delayed indefinitely.......28664
60.2025 Removed....................................................15751
    Regulation at 76 FR 15750 eff. date delayed indefinitely.......28664
60.2030 (c) introductory text revised; (c)(5) removed; (c)(8), (9) 
        and (10) added.............................................15751
    Regulation at 76 FR 15751 eff. date delayed indefinitely.......28664
60.2045 Revised....................................................15751
    Regulation at 76 FR 15751 eff. date delayed indefinitely.......28664

[[Page 1231]]

60.2070 (c)(1)(vii) revised........................................15751
    Regulation at 76 FR 15751 eff. date delayed indefinitely.......28664
60.2085 (d) revised................................................15751
    Regulation at 76 FR 15751 eff. date delayed indefinitely.......28664
60.2105 Revised....................................................15751
    Regulation at 76 FR 15751 eff. date delayed indefinitely.......28664
60.2110 (a) introductory text, (2), (3) and (4) revised; (d) 
        through (g) added..........................................15751
    Regulation at 76 FR 15751 eff. date delayed indefinitely.......28664
60.2115 Revised....................................................15752
    Regulation at 76 FR 15752 eff. date delayed indefinitely.......28664
60.2120 Revised....................................................15752
    Regulation at 76 FR 15752 eff. date delayed indefinitely.......28664
60.2125 (c), (g)(1) and (2) revised; (h) and (i) added.............15752
    Regulation at 76 FR 15752 eff. date delayed indefinitely.......28664
60.2130 Revised....................................................15753
    Regulation at 76 FR 15753 eff. date delayed indefinitely.......28664
60.2135 Revised....................................................15753
    Regulation at 76 FR 15753 eff. date delayed indefinitely.......28664
60.2140 Existing text designated as (a); (b) and (c) added.........15753
    Regulation at 76 FR 15753 eff. date delayed indefinitely.......28664
60.2141 Added......................................................15753
    Regulation at 76 FR 15753 eff. date delayed indefinitely.......28664
60.2145 Revised....................................................15753
    Regulation at 76 FR 15753 eff. date delayed indefinitely.......28664
60.2150 Revised....................................................15756
    Regulation at 76 FR 15756 eff. date delayed indefinitely.......28664
60.2151 Added......................................................15756
    Regulation at 76 FR 15756 eff. date delayed indefinitely.......28664
60.2155 Revised....................................................15756
    Regulation at 76 FR 15756 eff. date delayed indefinitely.......28664
60.2165 (b)(6) and (c) revised; (d) through (p) added..............15757
    Regulation at 76 FR 15757 eff. date delayed indefinitely.......28664
60.2170 Revised....................................................15759
    Regulation at 76 FR 15759 eff. date delayed indefinitely.......28664
60.2175 Introductory text, (b)(5) and (e) revised; (c) and (d) 
        removed; (o) through (w) added.............................15759
    Regulation at 76 FR 15759 eff. date delayed indefinitely.......28664
60.2210 (e) revised; (k) through (o) added.........................15760
    Regulation at 76 FR 15760 eff. date delayed indefinitely.......28664
60.2220 (c) revised; (e) and (f) removed...........................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2230 Revised....................................................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2235 Revised....................................................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2242 Revised....................................................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2250 Revised....................................................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2260 (d) revised................................................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2265 Amended....................................................15761
    Regulation at 76 FR 15761 eff. date delayed indefinitely.......28664
60.2000--60.2265 (Subpart CCCC) Table 1 revised....................15763
    Table 4 amended................................................15764
    Table 5 added..................................................15765
    Table 6 added..................................................15766
    Table 7 added..................................................15767
    Table 8 added..................................................15768
    Regulations at 76 FR 15763 through 15768 eff. date delayed 
indefinitely.......................................................28664
60.2500--60.2875 (Subpart DDDD) Heading revised....................15769
    Regulation at 76 FR 15769 eff. date delayed indefinitely.......28664
60.2500 Revised....................................................15769
    Regulation at 76 FR 15769 eff. date delayed indefinitely.......28664
60.2505 Revised....................................................15769
    Regulation at 76 FR 15769 eff. date delayed indefinitely.......28664
60.2525 Revised....................................................15770
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664

[[Page 1232]]

60.2535 (a) introductory text revised; (b) redesignated as (c); 
        new (b) added..............................................15770
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664
60.2540 (a) revised................................................15770
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664
60.2541 Added......................................................15770
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664
60.2542 Added......................................................15770
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664
60.2545 (b) revised; (c) added.....................................15770
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664
60.2550 (a)(1) revised.............................................15771
    Regulation at 76 FR 15771 eff. date delayed indefinitely.......28664
60.2555 Introductory text, (c), (e)(3), (f)(3), (g), (m) and (n) 
        revised; (b), (j), (k), (l) and (o) removed................15771
    Regulation at 76 FR 15770 eff. date delayed indefinitely.......28664
60.2558 Removed....................................................15771
    Regulation at 76 FR 15771 eff. date delayed indefinitely.......28664
60.2635 (c)(1)(vii) revised........................................15771
    Regulation at 76 FR 15771 eff. date delayed indefinitely.......28664
60.2650 (d) revised................................................15771
    Regulation at 76 FR 15771 eff. date delayed indefinitely.......28664
60.2670 Revised....................................................15771
    Regulation at 76 FR 15771 eff. date delayed indefinitely.......28664
60.2675 (a) introductory text, (2), (3), (4) and (b) revised; (d) 
        through (g) added..........................................15771
    Regulation at 76 FR 15771 eff. date delayed indefinitely.......28664
60.2680 Revised....................................................15772
    Regulation at 76 FR 15772 eff. date delayed indefinitely.......28664
60.2685 Revised....................................................15772
    Regulation at 76 FR 15772 eff. date delayed indefinitely.......28664
60.2690 (c), (g)(1) and (2) revised; (h) and (i) added.............15773
    Regulation at 76 FR 15773 eff. date delayed indefinitely.......28664
60.2695 Revised....................................................15773
    Regulation at 76 FR 15773 eff. date delayed indefinitely.......28664
26.2700 Revised....................................................15773
    Regulation at 76 FR 15773 eff. date delayed indefinitely.......28664
60.2705 Revised....................................................15773
    Regulation at 76 FR 15773 eff. date delayed indefinitely.......28664
60.2706 Added......................................................15773
    Regulation at 76 FR 15773 eff. date delayed indefinitely.......28664
60.2710 Revised....................................................15773
    Regulation at 76 FR 15773 eff. date delayed indefinitely.......28664
60.2715 Revised....................................................15777
    Regulation at 76 FR 15777 eff. date delayed indefinitely.......28664
60.2716 Added......................................................15777
    Regulation at 76 FR 15777 eff. date delayed indefinitely.......28664
60.2720 Revised....................................................15777
    Regulation at 76 FR 15777 eff. date delayed indefinitely.......28664
60.2730 (b)(6) and (c) revised; (d) through (q) added..............15777
    Regulation at 76 FR 15777 eff. date delayed indefinitely.......28664
60.2735 Revised....................................................15777
    Regulation at 76 FR 15777 eff. date delayed indefinitely.......28664
60.2740 Introductory text, (b)(5) and (e) revised; (c) and (d) 
        removed; (n) through (v) added.............................15780
    Regulation at 76 FR 15780 eff. date delayed indefinitely.......28664
60.2770 (e) revised; (k) through (o) added.........................15781
    Regulation at 76 FR 15781 eff. date delayed indefinitely.......28664
60.2780 (c) revised; (e) and (f) removed...........................15781
    Regulation at 76 FR 15781eff. date delayed indefinitely........28664
60.2790 Revised....................................................15781
    Regulation at 76 FR 15781 eff. date delayed indefinitely.......28664
60.2795 Revised....................................................15782
    Regulation at 76 FR 15782 eff. date delayed indefinitely.......28664
60.2805 Revised....................................................15782
    Regulation at 76 FR 15782 eff. date delayed indefinitely.......28664
60.2860 Revised....................................................15782
    Regulation at 76 FR 15782 eff. date delayed indefinitely.......28664
60.2870 (c)(2) revised.............................................15782

[[Page 1233]]

    Regulation at 76 FR 15782 eff. date delayed indefinitely.......28664
60.2875 Amended....................................................15782
    Regulation at 76 FR 15782 eff. date delayed indefinitely.......28664
60.2500--60.2875 (Subpart DDDD) Table 1 revised; Table 2 amended 
                                                                   15784
    Tables 4 and 5 amended; Table 6 added..........................15785
    Table 7 added..................................................15786
    Table 8 added..................................................15788
    Table 9 added..................................................15789
    Regulations at 76 FR 15784, 15785, 15786, 15788 and 15789 eff. 
date delayed indefinitely..........................................28664
60.4200 (a) revised; (e) added.....................................37967
60.4201 (d) revised; (e), (f) and (g) added........................37967
60.4202 (e) removed; (e) through (h) added.........................37968
60.4203 Revised....................................................37968
60.4204 (c) revised; (d) and (e) added.............................37968
60.4205 (a) and (d) revised; (e) and (f) added.....................37969
60.4206 Revised....................................................37969
60.4207 (b) and (d) revised; (c) removed...........................37969
60.4208 Heading, (g) and (h) revised; (i) added....................37969
60.4209 (a) revised................................................37969
60.4210 (b), (c) introductory text, (3)(i), (ii) and (d) revised 
                                                                   37969
60.4211 (c) amended; (e) redesignated as (f); new (e) and (g) 
        added; (a) and new (f) revised.............................37970
60.4212 Introductory text and (a) revised; (e) added...............37971
60.4213 Introductory text revised..................................37971
60.4215 (a) revised; (c) added.....................................37971
60.4216 (a) and (b) revised; (c) through (f) added.................37971
60.4217 Revised....................................................37972
60.4219 Amended....................................................37972
60.4200--60.4219 (Subpart IIII) Table 3 revised....................37972
60.4230 (a) introductory text and (5) revised; (a)(6) added........37972
60.4231 (a) revised; (g) added.....................................37973
60.4233 (f) revised................................................37973
60.4236 Heading revised............................................37974
60.4241 (b) amended................................................37974
60.4243 (a) introductory text and (1) revised; (i) added...........37974
60.4248 Amended....................................................37974
60.4230--60.4248 (Subpart JJJJ) Tables 1 and 2 revised.............37975
60.4760--60.4930 (Subpart LLLL) Added..............................15404
60.5000--60.5250 (Subpart MMMM) Added..............................15404


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