[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2015 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

         

Title 40

Protection of Environment


________________________

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

                         Revised as of July 1, 2015

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2015
                    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........................    1269
      Alphabetical List of Agencies Appearing in the CFR......    1289
      List of CFR Sections Affected...........................    1299

[[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, 2015), 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 
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Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
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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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[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 
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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.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
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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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or write to the Director, Office of the Federal Register, National 
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    The e-CFR is a regularly updated, unofficial editorial compilation 
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of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    John Hyrum Martinez,
    Acting Director,
    Office of the Federal Register.
    July 1, 2015.







[[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-
52.2019), part 52 (52.2020-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, parts 85-86, 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, 2015.

    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, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[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 of 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

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

60.40Da Applicability and designation of affected facility.
60.41Da Definitions.
60.42Da Standard for particulate matter (PM).
60.43Da Standards for sulfur dioxide (SO2).
60.44Da Standards for nitrogen oxides (NOX).
60.45Da Alternative standards for combined nitrogen oxides 
          (NOX) and carbon monoxide (CO).
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.
60.55a Standard for nitrogen oxides.
60.56a Standard for municipal waste combustor operating practices.

[[Page 7]]

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 New Stationary Sources: 
             Hospital/Medical/Infectious Waste Incinerators

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 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 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 of Part 60--Toxic Equivalency Factors
Table 3 to Subpart Ec of Part 60--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 Ga_Standards of Performance for Nitric Acid Plants for Which 
 Construction, Reconstruction, or Modification Commenced After October 
                                14, 2011

60.70a Applicability and designation of affected facility.
60.71a Definitions.
60.72a Standards.
60.73a Emissions testing and monitoring.
60.74a Affirmative defense for violations of emission standards during 
          malfunction.
60.75a Calculations.
60.76a Recordkeeping.
60.77a Reporting.

       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.

[[Page 8]]

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.
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 Design, equipment, work practice or operational 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 and flares.
60.108a Recordkeeping and reporting requirements.
60.109a Delegation of authority.

Table 1 to Subpart Ja of Part 60--Table 1 to subpart Ja of Part 60--
          Molar Exhaust Volumes and Molar Heat Content of Fuel Gas 
          Constituents

  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.

[[Page 9]]

     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.

     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.

[[Page 10]]

 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.
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 BBa_Standards of Performance for Kraft Pulp Mill Affected 
    Sources for Which Construction, Reconstruction, or Modification 
                      Commenced After May 23, 2013

60.280a Applicability and designation of affected facility.
60.281a Definitions.
60.282a Standard for filterable particulate matter.
60.283a Standard for total reduced sulfur (TRS).
60.284a Monitoring of emissions and operations.
60.285a Test methods and procedures.
60.286a Affirmative defense for violations of emission standards during 
          malfunction.
60.287a Recordkeeping.
60.288a Reporting.

   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.

[[Page 11]]

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.
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.

[[Page 12]]

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.
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.

[[Page 13]]

  Subpart AAA_Standards of Performance for New Residential Wood Heaters

60.530 Am I subject to this subpart?
60.531 What definitions must I know?
60.532 What standards and associated requirements must I meet and by 
          when?
60.533 What compliance and certification requirements must I meet and by 
          when?
60.534 What test methods and procedures must I use to determine 
          compliance with the standards and requirements for 
          certification?
60.535 What procedures must I use for EPA approval of a test laboratory 
          or EPA approval of a third-party certifier?
60.536 What requirements must I meet for permanent labels, temporary 
          labels (hangtags), and owner's manuals?
60.537 What records must I keep and what reports must I submit?
60.538 What activities are prohibited under this subpart?
60.539 What hearing and appeal procedures apply to me?
60.539a Who implements and enforces this subpart?
60.539b What parts of the General Provisions do not apply to me?

 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.
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.

[[Page 14]]

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 for Which Construction, 
Reconstruction, or Modification Commenced After January 20, 1984, and on 
                        or Before August 23, 2011

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 SO2 Emissions From Onshore 
   Natural Gas Processing for Which Construction, Reconstruction, or 
 Modification Commenced After January 20, 1984, and on or Before August 
                                23, 2011

60.640 Applicability and designation of affected facilities.
60.641 Definitions.
60.642 Standards for sulfur dioxide.
60.643 Compliance provisions.
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 of Part 60--Exceptions to Applicability of 
          Subpart A to Subpart OOO
Table 2 to Subpart OOO of Part 60--Stack Emission Limits for Affected 
          Facilities With Capture Systems
Table 3 to Subpart OOO of Part 60--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.

[[Page 15]]

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.
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 volatile 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.

[[Page 16]]

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?
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?

[[Page 17]]

                     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?
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?

[[Page 18]]

                                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?
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?

[[Page 19]]

      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 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?

[[Page 20]]

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)
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

                              Introduction

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

                              Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of 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, fabric filter, activated 
          carbon injection, selective noncatalytic reduction, an 
          electrostatic precipitator, or a dry scrubber to comply with 
          the emission limitations?
60.2120 Affirmative defense for violation of emission standards during 
          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?

[[Page 21]]

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

 Subpart DDDD_Emissions Guidelines and Compliance Times for Commercial 
              and Industrial Solid Waste Incineration Units

                              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

[[Page 22]]

          state to meet its Clean Air Act section 111(d)/129(b)(2) 
          obligations?
60.2542 What authorities will not be delegated to state, local, or 
          tribal agencies?
60.2545 Does this subpart directly affect CISWI unit owners and 
          operators in my State?

                      Applicability of State Plans

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

                            Use of Model Rule

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

                   Model Rule--Increments of Progress

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

                    Model Rule--Waste Management Plan

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

             Model Rule--Operator Training and Qualification

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

          Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber, fabric filter, activated 
          carbon injection, selective noncatalytic reduction, an 
          electrostatic precipitator, or a dry scrubber to comply with 
          the emission limitations?
60.2685 Affirmative defense for violation of emission standards during 
          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 amended 
          emission limitations and establish the operating limits?
60.2705 By what date must I conduct the initial performance test?
60.2706 By what date must I conduct the initial air pollution control 
          device inspection?

             Model Rule--Continuous Compliance Requirements

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

                         Model Rule--Monitoring

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

                 Model Rule--Recordkeeping and Reporting

60.2740 What records must I keep?
60.2745 Where and in what format must I keep my records?

[[Page 23]]

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

                  Model Rule--Title V Operating Permits

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

                  Model Rule--Air Curtain Incinerators

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

                         Model Rule--Definitions

60.2875 What definitions must I know?

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

[[Page 24]]

                     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?
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?

[[Page 25]]

 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?
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?

[[Page 26]]

                     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?
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

[[Page 27]]

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\

Subparts GGGG-HHHH [Reserved]

    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 
          manufacturer of stationary CI internal combustion engines?

               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 or installing stationary CI 
          ICE produced in previous model years?
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 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

[[Page 28]]

          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 previous model years?
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?

              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?

[[Page 29]]

                               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?

                               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?

[[Page 30]]

                     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 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?

[[Page 31]]

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?
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?

[[Page 32]]

                 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

  Subpart OOOO_Standards of Performance for Crude Oil and Natural Gas 
                Production, Transmission and Distribution

60.5360 What is the purpose of this subpart?
60.5365 Am I subject to this subpart?
60.5370 When must I comply with this subpart?
60.5375 What standards apply to gas well affected facilities?
60.5380 What standards apply to centrifugal compressor affected 
          facilities?
60.5385 What standards apply to reciprocating compressor affected 
          facilities?
60.5390 What standards apply to pneumatic controller affected 
          facilities?
60.5395 What standards apply to storage vessel affected facilities?
60.5400 What equipment leak standards apply to affected facilities at an 
          onshore natural gas processing plant?
60.5401 What are the exceptions to the equipment leak standards for 
          affected facilities at onshore natural gas processing plants?
60.5402 What are the alternative emission limitations for equipment 
          leaks from onshore natural gas processing plants?
60.5405 What standards apply to sweetening units at onshore natural gas 
          processing plants?
60.5406 What test methods and procedures must I use for my sweetening 
          units affected facilities at onshore natural gas processing 
          plants?
60.5407 What are the requirements for monitoring of emissions and 
          operations from my sweetening unit affected facilities at 
          onshore natural gas processing plants?
60.5408 What is an optional procedure for measuring hydrogen sulfide in 
          acid gas--Tutwiler Procedure?
60.5410 How do I demonstrate initial compliance with the standards for 
          my gas well affected facility, my centrifugal compressor 
          affected facility, my reciprocating compressor affected 
          facility, my pneumatic controller affected facility, my 
          storage vessel affected facility, and my equipment leaks and 
          sweetening unit affected facilities at onshore natural gas 
          processing plants?
60.5411 What additional requirements must I meet to determine initial 
          compliance for my covers and closed vent systems routing 
          materials from storage vessels, reciprocating compressors and 
          centrifugal compressor wet seal degassing systems?
60.5412 What additional requirements must I meet for determining initial 
          compliance with control devices used to comply with the 
          emission standards for my storage vessel or centrifugal 
          compressor affected facility?
60.5413 What are the performance testing procedures for control devices 
          used to demonstrate compliance at my storage vessel or 
          centrifugal compressor affected facility?
60.5415 How do I demonstrate continuous compliance with the standards 
          for my gas well affected facility, my centrifugal compressor 
          affected facility, my stationary reciprocating compressor 
          affected facility, my pneumatic controller affected facility, 
          my storage vessel affected facility, and my affected 
          facilities at onshore natural gas processing plants?
60.5416 What are the initial and continuous cover and closed vent system 
          inspection and monitoring requirements for my storage vessel, 
          centrifugal compressor and reciprocating compressor affected 
          facilities?
60.5417 What are the continuous control device monitoring requirements 
          for my storage vessel or centrifugal compressor affected 
          facility?

[[Page 33]]

60.5420 What are my notification, reporting, and recordkeeping 
          requirements?
60.5421 What are my additional recordkeeping requirements for my 
          affected facility subject to VOC requirements for onshore 
          natural gas processing plants?
60.5422 What are my additional reporting requirements for my affected 
          facility subject to VOC requirements for onshore natural gas 
          processing plants?
60.5423 What additional recordkeeping and reporting requirements apply 
          to my sweetening unit affected facilities at onshore natural 
          gas processing plants?
60.5425 What parts of the General Provisions apply to me?
60.5430 What definitions apply to this subpart?
60.5431-60.5499 [Reserved]

Table 1 to Subpart OOOO of Part 60--Required Minimum Initial 
          SO2 Emission Reduction Efficiency (Zi)
Table 2 to Subpart OOOO of Part 60--Required Minimum SO2 
          Emission Reduction Efficiency (Zc)
Table 3 to Subpart OOOO of Part 60--Applicability of General Provisions 
          to Subpart OOOO

Subpart PPPP [Reserved]

   Subpart QQQQ_Standards of Performance for New Residential Hydronic 
                     Heaters and Forced-Air Furnaces

60.5472 Am I subject to this subpart?
60.5473 What definitions must I know?
60.5474 What standards and requirements must I meet and by when?
60.5475 What compliance and certification requirements must I meet and 
          by when?
60.5476 What test methods and procedures must I use to determine 
          compliance with the standards and requirements for 
          certification?
60.5477 What procedures must I use for EPA approval of a test laboratory 
          or EPA approval of a third-party certifier?
60.5478 What requirements must I meet for permanent labels, temporary 
          labels (hangtags), and owner's manuals?
60.5479 What records must I keep and what reports must I submit?
60.5480 What activities are prohibited under this subpart?
60.5481 What hearing and appeal procedures apply to me?
60.5482 Who implements and enforces this subpart?
60.5483 What parts of the General Provisions do not apply to me?

    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 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.

[[Page 34]]

    (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 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

[[Page 35]]

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
    (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

[[Page 36]]

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]



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

[[Page 37]]

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, Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, 5 Post Office Square--Suite 100, 
Boston, MA 02109-3912.
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, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 61 
Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303-8960.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, U.S. Environmental 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.

[[Page 38]]

Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Waste 
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
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.
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.

[[Page 39]]

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, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.
    (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 of Louisiana: Louisiana Department of Environmental 
Quality, P.O. Box 4301, Baton Rouge, Louisiana 70821-4301.

    Note: For a list of delegated standards for Louisiana (excluding 
Indian country), see paragraph (e)(2) of this section.

    (U) State of Maine, Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, ME 
04333.

[[Page 40]]

    (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: Hand Deliver or Courier: Mississippi 
Department of Environmental Quality, Office of Pollution Control, Air 
Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing 
Address: Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 
39225.
    (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.
W             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Triple
               Superphosphate Plants.
X             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Granular Triple
               Superphosphate.

[[Page 41]]

 
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, P.O. 
Box 5469, Santa Fe, New Mexico 87502-5469. 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 or local agencies, 
Forsyth County Environmental Affairs, 201 North Chestnut Street, 
Winston-Salem, North Carolina 27101 or Forsyth County Air Quality 
Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; 
Mecklenburg County Land Use & Environmental Services Agency, 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.
    (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.

[[Page 42]]

    (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.
    (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.

[[Page 43]]

    (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.............................................
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

[[Page 44]]

 
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..........
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.................................................

[[Page 45]]

 
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
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

[[Page 46]]

 
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................................................
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...

[[Page 47]]

 
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.

    (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 delegation status table for New Source Performance Standards 
for Region VIII can be found online athttp://www2.epa.gov/region8/ air-
program.
    (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).

[[Page 48]]

    (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-Commercial-                X           X           X           X
                               Institutional Steam Generating
                               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                            Large 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
Ga                            Nitric Acid Plants For Which
                               Construction, Reconstruction or
                               Modification Commenced After
                               October 14, 2011.
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                          X
                               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.
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 and Processing             X           X           X           X
                               Plants.
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.

[[Page 49]]

 
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 Industry
                               Chemicals Manufacturing.
VVa                           Equipment Leaks of VOC in the               X           X
                               Synthetic Organic Industry for
                               Which Construction,
                               Reconstruction, or Chemicals
                               Manufacturing 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 Wood 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           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
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.
GGGG                          (Reserved)........................
HHHH                          (Reserved)........................
IIII                          Stationary Compression Ignition             X           X
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal                      X
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....          X           X
LLLL                          New Sewage Sludge Incineration
                               Units.
OOOO                          Crude Oil and Natural Gas
                               Production, Transmission, and
                               Distribution.
----------------------------------------------------------------------------------------------------------------


[[Page 50]]

    (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 Quality Management District, Bay Area Air Quality 
Management District, and Butte County Air Quality Management District 
are shown in the following table:

  Delegation Status for New Source Performance Standards for Amador County APCD, Antelope Valley AQMD, Bay Area
                                           AQMD, and Butte County AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Amador     Antelope                  Butte
                                                                    County      Valley     Bay Area     County
                                                                     APCD        AQMD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................  ..........          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           X
                            Steam Generating Units.
Dc                         Small Industrial-Commercial-           ..........          X           X
                            Institutional Steam Generating Units.
E                          Incinerators.........................  ..........          X           X
Ea                         Municipal Waste Combustors             ..........          X           X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Large 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
Ga                         Nitric Acid Plants For Which           ..........  ..........  ..........
                            Construction, Reconstruction or
                            Modification Commenced After October
                            14, 2011.
H                          Sulfuric Acid Plant..................  ..........          X           X
I                          Hot Mix Asphalt Facilities...........  ..........          X           X
J                          Petroleum Refineries.................  ..........          X           X
Ja                         Petroleum Refineries for Which         ..........          X   ..........
                            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           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
                            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           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   ..........
                            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 and Processing        ..........          X           X
                            Plants.
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           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

[[Page 51]]

 
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 Industry Chemicals
                            Manufacturing.
VVa                        Equipment Leaks of VOC in the          ..........          X   ..........
                            Synthetic Organic Industry for Which
                            Construction, Reconstruction, or
                            Chemicals Manufacturing Modification
                            Commenced After November 7, 2006.
WW                         Beverage Can Surface Coating Industry  ..........          X           X
XX                         Bulk Gasoline Terminals..............  ..........  ..........  ..........
AAA                        New Residential Wood 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 Coating    ..........          X           X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........          X           X
                            Refineries.
GGGa                       Equipment Leaks of VOC in Petroleum    ..........          X   ..........
                            Refineries for Which Construction,
                            Reconstruction, or Modification
                            Commenced After November 7, 2006.
HHH                        Synthetic Fiber Production Facilities  ..........          X           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           X
KKK                        Equipment Leaks of VOC From Onshore    ..........          X           X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2    ..........          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
PPP                        Wool Fiberglass Insulation             ..........          X           X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery  ..........          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           X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........          X           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 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)...........................  ..........  ..........  ..........
HHHH                       (Reserved)...........................  ..........  ..........  ..........

[[Page 52]]

 
IIII                       Stationary Compression Ignition        ..........          X   ..........
                            Internal Combustion Engines.
JJJJ                       Stationary Spark Ignition Internal     ..........          X   ..........
                            Combustion Engines.
KKKK                       Stationary Combustion Turbines.......  ..........          X   ..........
LLLL                       New Sewage Sludge Incineration Units.  ..........  ..........  ..........
OOOO                       Crude Oil and Natural Gas Production,  ..........  ..........  ..........
                            Transmission, and Distribution.
----------------------------------------------------------------------------------------------------------------

    (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.

[[Page 53]]

 
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.
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
----------------------------------------------------------------------------------------------------------------


[[Page 54]]

    (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:

 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.

[[Page 55]]

 
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   ..........  ..........          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 Air Pollution Control District, Mojave 
Desert Air Quality Management District, Monterey Bay Unified Air 
Pollution Control District and North Coast Unified Air Quality 
Management District are shown in the following table:

 Delegation Status for New Source Performance Standards for Modoc County APCD, Mojave Desert AQMD, Monterey Bay
                                   Unified APCD, and North Coast Unified AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           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           X

[[Page 56]]

 
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-Commercial-        ..........          X           X
                               Institutional Steam Generating
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors          ..........          X   ..........
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Large 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           X           X
G                             Nitric Acid Plants................          X           X           X           X
Ga                            Nitric Acid Plants For Which        ..........  ..........  ..........
                               Construction, Reconstruction or
                               Modification Commenced After
                               October 14, 2011.
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      ..........          X   ..........
                               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.
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 and Processing             X           X           X           X
                               Plants.
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.

[[Page 57]]

 
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 Industry
                               Chemicals Manufacturing.
VVa                           Equipment Leaks of VOC in the       ..........          X   ..........
                               Synthetic Organic Industry for
                               Which Construction,
                               Reconstruction, or Chemicals
                               Manufacturing Modification
                               Commenced After November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........  ..........  ..........  ..........
AAA                           New Residential Wood Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X           X
CCC                           (Reserved)........................  ..........  ..........  ..........
DDD                           Volatile Organic Compounds (VOC)            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   ..........
                               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
                               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   ..........
                               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
                               Industries.
VVV                           Polymeric Coating of Supporting     ..........          X           X           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 Commended 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)........................  ..........  ..........  ..........
HHHH                          (Reserved)........................  ..........  ..........  ..........
IIII                          Stationary Compression Ignition     ..........          X   ..........
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal  ..........          X   ..........
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....  ..........          X   ..........
LLLL                          New Sewage Sludge Incineration      ..........  ..........  ..........
                               Units.

[[Page 58]]

 
OOOO                          Crude Oil and Natural Gas           ..........  ..........  ..........
                               Production, Transmission, and
                               Distribution.
----------------------------------------------------------------------------------------------------------------

    (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.
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.

[[Page 59]]

 
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.
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
----------------------------------------------------------------------------------------------------------------


[[Page 60]]

    (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 APCD, San Joaquin Valley Unified
                        APCD, San Luis Obispo County APCD, and Santa Barbara County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           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.
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial-Commercial-                X           X           X           X
                               Institutional Steam Generating
                               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                            Large Municipal Waste Combustors            X           X   ..........          X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste           X   ..........  ..........          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
Ga                            Nitric Acid Plants For Which        ..........  ..........  ..........
                               Construction, Reconstruction or
                               Modification Commenced After
                               October 14, 2011.
H                             Sulfuric Acid Plant...............          X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
Ja                            Petroleum Refineries for Which      ..........  ..........  ..........          X
                               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 and Processing             X           X           X
                               Plants.
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

[[Page 61]]

 
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.
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 Industry
                               Chemicals Manufacturing.
VVa                           Equipment Leaks of VOC in the       ..........  ..........  ..........          X
                               Synthetic Organic Industry for
                               Which Construction,
                               Reconstruction, or Chemicals
                               Manufacturing Modification
                               Commenced After November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........  ..........  ..........  ..........
AAA                           New Residential Wood 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           ..........  ..........  ..........          X
                               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   ..........  ..........          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
                               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.

[[Page 62]]

 
GGGG                          (Reserved)........................  ..........  ..........  ..........
HHHH                          (Reserved)........................  ..........  ..........  ..........
IIII                          Stationary Compression Ignition     ..........  ..........  ..........          X
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal  ..........  ..........  ..........          X
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....          X   ..........  ..........          X
LLLL                          New Sewage Sludge Incineration      ..........  ..........  ..........
                               Units.
OOOO                          Crude Oil and Natural Gas           ..........  ..........  ..........
                               Production, Transmission, and
                               Distribution.
----------------------------------------------------------------------------------------------------------------

    (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 AQMD, Siskiyou County APCD, South Coast
                                          AQMD, and Tehama County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           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-Commercial-           ..........  ..........          X
                            Institutional Steam Generating Units.
E                          Incinerators.........................          X   ..........          X
Ea                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Large 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
Ga                         Nitric Acid Plants For Which           ..........  ..........  ..........
                            Construction, Reconstruction or
                            Modification Commenced After October
                            14, 2011.
H                          Sulfuric Acid Plant..................          X   ..........          X
I                          Hot Mix Asphalt Facilities...........          X   ..........          X
J                          Petroleum Refineries.................          X   ..........          X
Ja                         Petroleum Refineries for Which         ..........  ..........          X
                            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.

[[Page 63]]

 
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 and Processing                X   ..........          X
                            Plants.
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)...........................  ..........  ..........  ..........
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 Industry Chemicals
                            Manufacturing.
VVa                        Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Industry for Which
                            Construction, Reconstruction, or
                            Chemicals Manufacturing Modification
                            Commenced After November 7, 2006.
WW                         Beverage Can Surface Coating Industry  ..........  ..........          X
XX                         Bulk Gasoline Terminals..............  ..........  ..........  ..........
AAA                        New Residential Wood 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    ..........  ..........          X
                            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.

[[Page 64]]

 
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)...........................  ..........  ..........  ..........
HHHH                       (Reserved)...........................  ..........  ..........  ..........
IIII                       Stationary Compression Ignition        ..........  ..........          X
                            Internal Combustion Engines.
JJJJ                       Stationary Spark Ignition Internal     ..........  ..........          X
                            Combustion Engines.
KKKK                       Stationary Combustion Turbines.......  ..........  ..........          X
LLLL                       New Sewage Sludge Incineration Units.  ..........  ..........  ..........
OOOO                       Crude Oil and Natural Gas Production,  ..........  ..........  ..........
                            Transmission, and Distribution.
----------------------------------------------------------------------------------------------------------------

    (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.

[[Page 65]]

 
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.
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.

[[Page 66]]

 
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
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

[[Page 67]]

 
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
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.

[[Page 68]]

 
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:

    Delegation Status for New Source Performance Standards for Nevada
------------------------------------------------------------------------
                                         Air pollution control agency
                                     -----------------------------------
                     Subpart                         Clark      Washoe
                                      Nevada 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           X
              Generating Units
              Constructed After
              September 18, 1978.
Db           Industrial-Commercial-           X           X
              Institutional Steam
              Generating Units.
Dc           Small Industrial-                X           X
              Commercial-
              Institutional Steam
              Generating Units.
E            Incinerators...........          X           X           X
Ea           Municipal Waste                  X           X
              Combustors Constructed
              After December 20,
              1989 and On or Before
              September 20, 1994.
Eb           Large Municipal Waste            X           X
              Combustors Constructed
              After September 20,
              1994.
Ec           Hospital/Medical/                X           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
Ga           Nitric Acid Plants For   ..........  ..........
              Which Construction,
              Reconstruction or
              Modification Commenced
              After October 14, 2011.
H            Sulfuric Acid Plant....          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           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           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.

[[Page 69]]

 
X            Phosphate Fertilizer             X           X
              Industry: Granular
              Triple Superphosphate
              Storage Facilities.
Y            Coal Preparation and             X           X           X
              Processing Plants.
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           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 Industry
              Chemicals
              Manufacturing.
VVa          Equipment Leaks of VOC           X           X
              in the Synthetic
              Organic Industry for
              Which Construction,
              Reconstruction, or
              Chemicals
              Manufacturing
              Modification Commenced
              After November 7, 2006.
WW           Beverage Can Surface             X           X
              Coating Industry.
XX           Bulk Gasoline Terminals          X           X
AAA          New Residential Wood     ..........          X
              Heaters.
BBB          Rubber Tire                      X           X
              Manufacturing Industry.
CCC          (Reserved).............  ..........  ..........
DDD          Volatile Organic                 X           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           X           X
              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           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           X
              From Onshore Natural
              Gas Processing Plants.
LLL          Onshore Natural Gas              X           X
              Processing: SO2
              Emissions.
MMM          (Reserved).............  ..........  ..........
NNN          Volatile Organic                 X           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           X
              Petroleum Refinery
              Wastewater Systems.
RRR          Volatile Organic                 X           X
              Compound Emissions
              from Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Reactor Processes.
SSS          Magnetic Tape Coating            X           X
              Facilities.
TTT          Industrial Surface               X           X           X
              Coating: Surface
              Coating of Plastic
              Parts for Business
              Machines.
UUU          Calciners and Dryers in          X           X           X
              Mineral Industries.
VVV          Polymeric Coating of             X           X           X
              Supporting Substrates
              Facilities.
WWW          Municipal Solid Waste            X           X           X
              Landfills.
AAAA         Small Municipal Waste            X           X           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           X           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.

[[Page 70]]

 
EEEE         Other Solid Waste                X           X           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).............  ..........  ..........
HHHH         (Reserved).............  ..........  ..........
IIII         Stationary Compression           X           X           X
              Ignition Internal
              Combustion Engines.
JJJJ         Stationary Spark                 X           X           X
              Ignition Internal
              Combustion Engines.
KKKK         Stationary Combustion            X           X           X
              Turbines.
LLLL         New Sewage Sludge        ..........          X
              Incineration Units.
OOOO         Crude Oil and Natural    ..........  ..........
              Gas Production,
              Transmission, and
              Distribution.
------------------------------------------------------------------------

    (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................
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; and subpart 
HHHH--Emission Guidelines and Compliance Times for Coal-Fired Electric 
Steam Generating Units, as amended in the Federal Register through 
September 23, 2013.
    (2) Louisiana. The Louisiana Department of Environmental Quality 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, 2013.

       Delegation Status for Part 60 Standards--State of Louisiana
                       [Excluding Indian Country]
------------------------------------------------------------------------
        Subpart              Source category             LDEQ \1\
------------------------------------------------------------------------
A......................  General Provisions....  Yes
Ce.....................  Emission Guidelines     Yes
                          and Compliance Times
                          for Hospital/Medical/
                          Infectious Waste
                          Incinerators.

[[Page 71]]

 
D......................  Fossil Fueled Steam     Yes
                          Generators (250 MM BTU/hr).
Da.....................  Electric Utility Steam  Yes
                          Generating Units (250 MM BTU/hr).
Db.....................  Industrial-Commercial-  Yes
                          Institutional Steam
                          Generating Units (100
                          to 250 MM BTU/hr).
Dc.....................  Industrial-Commercial-  Yes
                          Institutional Small
                          Steam Generating
                          Units (10 to 100 MM
                          BTU/hr).
E......................  Incinerators (50 tons per day).
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
Ga.....................  Nitric Acid Plants      Yes
                          (after October 14,
                          2011).
H......................  Sulfuric Acid Plants..  Yes
I......................  Hot Mix Asphalt         Yes
                          Facilities.
J......................  Petroleum Refineries..  Yes
Ja.....................  Petroleum Refineries    Yes
                          (After May 14, 2007).
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 Yes.
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.
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 Furniture.
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.

[[Page 72]]

 
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).
DDDD...................  Emission Guidelines &   Yes
                          Compliance Times for
                          Commercial &
                          Industrial Solid
                          Waste Incineration
                          Units (Commenced
                          Construction On or
                          Before 11/30/1999).
EEEE...................  Other Solid Waste       Yes
                          Incineration Units
                          (Constructed after 12/
                          09/2004 or
                          Modification/
                          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.
KKKK...................  Stationary Combustion   Yes
                          Turbines
                          (Construction
                          Commenced After 02/18/
                          2005).
LLLL...................  New Sewage Sludge       Yes
                          Incineration Units.
MMMM...................  Emission Guidelines     Yes
                          and Compliance Times
                          for Existing Sewage
                          Sludge Incineration
                          Units.
OOOO...................  Crude Oil and Natural   Yes
                          Gas Production,
                          Transmission and
                          Distribution.
------------------------------------------------------------------------
\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, 2013.

    (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, as amended in 
the Federal Register through September 13, 2013.

[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.



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)

[[Page 73]]

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.
    (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.

[[Page 74]]

    (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.
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;

[[Page 75]]

    (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 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

[[Page 76]]

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.
    (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

[[Page 77]]

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 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

[[Page 78]]

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 3A 
and 3C of appendix A-3 of part 60, Methods 6C, 7E, 9, and 10 of appendix 
A-4 of part 60, Methods 18 and 19 of appendix A-6 of part 60, Methods 
20, 22, and 25A of appendix A-7 of part 60, Methods 30A and 30B of 
appendix A-8 of part 60, and Methods 303, 318, 320, and 321 of appendix 
A of part 63 of this chapter. 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 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, 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 owner, 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

[[Page 79]]

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 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;

[[Page 80]]

    (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.
    (h) Unless otherwise specified in the applicable subpart, each test 
location must be verified to be free of cyclonic flow and evaluated for 
the existence of emission gas stratification and the required number of 
sampling traverse points. If other procedures are not specified in the 
applicable subpart to the regulations, use the appropriate procedures in 
Method 1 to check for cyclonic flow and Method 7E to evaluate emission 
gas stratification and selection of sampling points.
    (i) Whenever the use of multiple calibration gases is required by a 
test method, performance specification, or quality assurance procedure 
in a part 60 standard or appendix, Method 205 of 40 CFR part 51, 
appendix M of this chapter, ``Verification of Gas Dilution Systems for 
Field Instrument Calibrations,'' may be used.

[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; 79 FR 11241, Feb. 27, 2014]



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.
    (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

[[Page 81]]

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.
    (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

[[Page 82]]

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 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

[[Page 83]]

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 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

[[Page 84]]

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 each operating day in accordance 
with a written procedure. The zero and span must, at 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 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 
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, 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

[[Page 85]]

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.
    (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.

[[Page 86]]

    (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 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. Sec. 60.45(g) (2) and (3), 60.73(e), and 
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

[[Page 87]]

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]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
60.13, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    2. 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 appear 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.
    (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

[[Page 88]]

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 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

[[Page 89]]

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
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

[[Page 90]]

 
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.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the EPA must publish notice of change in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at the EPA Docket Center, 
Public Reading Room, EPA WJC West, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC, telephone number 202-566-1744, and is available 
from the sources listed below. 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.
    (b) American Gas Association, available through ILI Infodisk, 610 
Winters Avenue, Paramus, New Jersey 07652:
    (1) American Gas Association Report No. 3: Orifice Metering for 
Natural Gas and Other Related Hydrocarbon Fluids, Part 1: General 
Equations and Uncertainty Guidelines (1990), IBR approved for Sec. 
60.107a(d).
    (2) American Gas Association Report No. 3: Orifice Metering for 
Natural Gas and Other Related Hydrocarbon Fluids, Part 2: Specification 
and Installation Requirements (2000), IBR approved for Sec. 60.107a(d).
    (3) American Gas Association Report No. 11: Measurement of Natural 
Gas by Coriolis Meter (2003), IBR approved for Sec. 60.107a(d).
    (4) American Gas Association Transmission Measurement Committee 
Report No. 7: Measurement of Gas by Turbine Meters (Revised February 
2006), IBR approved for Sec. 60.107a(d).
    (c) American Hospital Association (AHA) Service, Inc., Post Office 
Box 92683, Chicago, Illinois 60675-2683. You may inspect a copy at the 
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 
20460.
    (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. Sec. 
60.35e and 60.55c.
    (2) [Reserved]
    (d) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005.
    (1) API Publication 2517, Evaporation Loss from External Floating 
Roof Tanks, Second Edition, February 1980, IBR approved for Sec. Sec. 
60.111(i), 60.111a(f), and 60.116b(e).
    (2) API Manual of Petroleum Measurement Standards, Chapter 22--
Testing Protocol, Section 2--Differential Pressure Flow Measurement 
Devices, First Edition, August 2005, IBR approved for Sec. 60.107a(d).
    (e) American Public Health Association, 1015 18th Street NW., 
Washington, DC 20036.

[[Page 91]]

    (1) ``Standard Methods for the Examination of Water and 
Wastewater,'' 16th edition, 1985. Method 303F: ``Determination of 
Mercury by the Cold Vapor Technique.'' Incorporated by reference for 
appendix A-8 to part 60, Method 29, Sec. Sec. 9.2.3, 10.3, and 11.1.3.
    (2) 2540 G. Total, Fixed, and Volatile Solids in Solid and Semisolid 
Samples, in Standard Methods for the Examination of Water and 
Wastewater, 20th Edition, 1998, IBR approved for Sec. 60.154(b).
    (f) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Two Park Avenue, New 
York, NY 10016-5990, Telephone (800) 843-2763, and is also available at 
the following Web site: http://www.asme.org.
    (1) 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), 60.58b(i), 60.1320(a), and 60.1810(a).
    (2) ASME MFC-3M-2004, Measurement of Fluid Flow in Pipes Using 
Orifice, Nozzle, and Venturi, IBR approved for Sec. 60.107a(d).
    (3) ASME/ANSI MFC-4M-1986 (Reaffirmed 2008), Measurement of Gas Flow 
by Turbine Meters, IBR approved for Sec. 60.107a(d).
    (4) ASME/ANSI MFC-5M-1985 (Reaffirmed 2006), Measurement of Liquid 
Flow in Closed Conduits Using Transit-Time Ultrasonic Flowmeters, IBR 
approved for Sec. 60.107a(d).
    (5) ASME MFC-6M-1998 (Reaffirmed 2005), Measurement of Fluid Flow in 
Pipes Using Vortex Flowmeters, IBR approved for Sec. 60.107a(d).
    (6) ASME/ANSI MFC-7M-1987 (Reaffirmed 2006), Measurement of Gas Flow 
by Means of Critical Flow Venturi Nozzles, IBR approved for Sec. 
60.107a(d).
    (7) ASME/ANSI MFC-9M-1988 (Reaffirmed 2006), Measurement of Liquid 
Flow in Closed Conduits by Weighing Method, IBR approved for Sec. 
60.107a(d).
    (8) ASME MFC-11M-2006, Measurement of Fluid Flow by Means of 
Coriolis Mass Flowmeters, IBR approved for Sec. 60.107a(d).
    (9) ASME MFC-14M-2003, Measurement of Fluid Flow Using Small Bore 
Precision Orifice Meters, IBR approved for Sec. 60.107a(d).
    (10) ASME MFC-16-2007, Measurement of Liquid Flow in Closed Conduits 
with Electromagnetic Flowmeters, IBR approved for Sec. 60.107a(d).
    (11) ASME MFC-18M-2001, Measurement of Fluid Flow Using Variable 
Area Meters, IBR approved for Sec. 60.107a(d).
    (12) ASME MFC-22-2007, Measurement of Liquid by Turbine Flowmeters, 
IBR approved for Sec. 60.107a(d).
    (13) 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, 60.58a(h), 60.58b(i), 60.1320(a), and 
60.1810(a).
    (14) ASME/ANSI PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], (Issued August 31, 1981), IBR approved 
for Sec. Sec. 60.56c(b), 60.63(f), 60.106(e), 60.104a(d), (h), (i), and 
(j), 60.105a(d), (f), and (g), Sec. 60.106a(a), Sec. 60.107a(a), (c), 
and (d), tables 1 and 3 to subpart EEEE, tables 2 and 4 to subpart FFFF, 
table 2 to subpart JJJJ, Sec. 60.285a(f), Sec. Sec. 60.4415(a), 
60.2145(s) and (t), 60.2710(s) (t), and (w), 60.2730(q), 60.4900(b), 
60.5220(b), tables 1 and 2 to subpart LLLL, tables 2 and 3 to subpart 
MMMM, Sec. Sec. 60.5406(c) and 60.5413(b).
    (15) ASME QRO-1-1994, Standard for the Qualification and 
Certification of Resource Recovery Facility Operators, IBR approved for 
Sec. Sec. 60.54b(a) and (b), 60.56a, 60.1185(a) and (c), and 60.1675(a) 
and (c).
    (g) The following material is available for purchase from ASTM 
International, 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, 
Pennsylvania 19428-2959, (800) 262-1373, http://www.astm.org.
    (1) ASTM A99-76, Standard Specification for Ferromanganese, IBR 
approved for Sec. 60.261.
    (2) ASTM A99-82 (Reapproved 1987), Standard Specification for 
Ferromanganese, IBR approved for Sec. 60.261.
    (3) ASTM A100-69, Standard Specification for Ferrosilicon, IBR 
approved for Sec. 60.261.
    (4) ASTM A100-74, Standard Specification for Ferrosilicon, IBR 
approved for Sec. 60.261.

[[Page 92]]

    (5) ASTM A100-93, Standard Specification for Ferrosilicon, IBR 
approved for Sec. 60.261.
    (6) ASTM A101-73, Standard Specification for Ferrochromium, IBR 
approved for Sec. 60.261.
    (7) ASTM A101-93, Standard Specification for Ferrochromium, IBR 
approved for Sec. 60.261.
    (8) ASTM A482-76, Standard Specification for Ferrochromesilicon, IBR 
approved for Sec. 60.261.
    (9) ASTM A482-93, Standard Specification for Ferrochromesilicon, IBR 
approved for Sec. 60.261.
    (10) ASTM A483-64, Standard Specification for Silicomanganese, IBR 
approved for Sec. 60.261.
    (11) ASTM A483-74 (Reapproved 1988), Standard Specification for 
Silicomanganese, IBR approved for Sec. 60.261.
    (12) ASTM A495-76, Standard Specification for Calcium-Silicon and 
Calcium Manganese-Silicon, IBR approved for Sec. 60.261.
    (13) ASTM A495-94, Standard Specification for Calcium-Silicon and 
Calcium Manganese-Silicon, IBR approved for Sec. 60.261.
    (14) ASTM D86-78, Distillation of Petroleum Products, IBR approved 
for Sec. Sec. 60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (15) ASTM D86-82, Distillation of Petroleum Products, IBR approved 
for Sec. Sec. 60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (16) ASTM D86-90, Distillation of Petroleum Products, IBR approved 
for Sec. Sec. 60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (17) ASTM D86-93, Distillation of Petroleum Products, IBR approved 
for Sec. Sec. 60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (18) ASTM D86-95, Distillation of Petroleum Products, IBR approved 
for Sec. Sec. 60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (19) ASTM D86-96, Distillation of Petroleum Products, (Approved 
April 10, 1996), IBR approved for Sec. Sec. 60.562-2(d), 60.593(d), 
60.593a(d), 60.633(h), and 60.5401(f).
    (20) ASTM D129-64, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. Sec. 60.106(j) 
and appendix A-7 to part 60: Method 19, Section 12.5.2.2.3.
    (21) ASTM D129-78, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. Sec. 60.106(j) 
and appendix A-7 to part 60: Method 19, Section 12.5.2.2.3.
    (22) ASTM D129-95, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. Sec. 60.106(j) 
and appendix A-7 to part 60: Method 19, Section 12.5.2.2.3.
    (23) ASTM D129-00, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. 60.335(b).
    (24) ASTM D129-00 (Reapproved 2005), Standard Test Method for Sulfur 
in Petroleum Products (General Bomb Method), IBR approved for Sec. 
60.4415(a).
    (25) ASTM D240-76, 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-7 to part 60: Method 19, 
Section 12.5.2.2.3.
    (26) ASTM D240-92, 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-7: Method 19, Section 
12.5.2.2.3.
    (27) ASTM D240-02 (Reapproved 2007), Standard Test Method for Heat 
of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, (Approved 
May 1, 2007), IBR approved for Sec. 60.107a(d).
    (28) ASTM D270-65, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.2.1.
    (29) ASTM D270-75, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.2.1.
    (30) ASTM D323-82, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec. 60.111(l), 
60.111a(g), 60.111b, and 60.116b(f).
    (31) ASTM D323-94, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec. 60.111(l), 
60.111a(g), 60.111b, and 60.116b(f).
    (32) ASTM D388-77, Standard Specification for Classification of 
Coals by

[[Page 93]]

Rank, IBR approved for Sec. Sec. 60.41, 60.45(f), 60.41Da, 60.41b, 
60.41c, and 60.251.
    (33) ASTM D388-90, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec. 60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (34) ASTM D388-91, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec. 60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (35) ASTM D388-95, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec. 60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (36) ASTM D388-98a, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec. 60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (37) ASTM D388-99 (Reapproved 2004) [egr],\1\ Standard 
Specification for Classification of Coals by Rank, IBR approved for 
Sec. Sec. 60.41, 60.45(f), 60.41Da, 60.41b, 60.41c, and 60.251.
    (38) ASTM D396-78, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec. 60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (39) ASTM D396-89, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec. 60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (40) ASTM D396-90, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec. 60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (41) ASTM D396-92, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec. 60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (42) ASTM D396-98, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec. 60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (43) ASTM D975-78, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec. 60.111(b) and 60.111a(b).
    (44) ASTM D975-96, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec. 60.111(b) and 60.111a(b).
    (45) ASTM D975-98a, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec. 60.111(b) and 60.111a(b).
    (46) ASTM D975-08a, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec. 60.41b and 60.41c.
    (47) ASTM D1072-80, Standard Test Method for Total Sulfur in Fuel 
Gases, IBR approved for Sec. 60.335(b).
    (48) ASTM D1072-90 (Reapproved 1994), Standard Test Method for Total 
Sulfur in Fuel Gases, IBR approved for Sec. 60.335(b).
    (49) ASTM D1072-90 (Reapproved 1999), Standard Test Method for Total 
Sulfur in Fuel Gases, IBR approved for Sec. 60.4415(a).
    (50) ASTM D1137-53, Standard Method for Analysis of Natural Gases 
and Related Types of Gaseous Mixtures by the Mass Spectrometer, IBR 
approved for Sec. 60.45(f).
    (51) ASTM D1137-75, Standard Method for Analysis of Natural Gases 
and Related Types of Gaseous Mixtures by the Mass Spectrometer, IBR 
approved for Sec. 60.45(f).
    (52) ASTM D1193-77, Standard Specification for Reagent Water, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.3; Method 
5E, Section 7.2.1; Method 5F, Section 7.2.1; appendix A-4 to part 60: 
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; appendix A-5 
to part 60: Method 11, Section 7.1.3; Method 12, Section 7.1.3; Method 
13A, Section 7.1.2; appendix A-8 to part 60: Method 26, Section 7.1.2; 
Method 26A, Section 7.1.2; and Method 29, Section 7.2.2.
    (53) ASTM D1193-91, Standard Specification for Reagent Water, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.3; Method 
5E, Section 7.2.1; Method 5F, Section 7.2.1; appendix A-4 to part 60: 
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; appendix A-5 
to part 60: Method 11, Section 7.1.3; Method 12, Section 7.1.3; Method 
13A, Section 7.1.2; appendix A-8 to part 60: Method 26, Section 7.1.2; 
Method 26A, Section 7.1.2; and Method 29, Section 7.2.2.
    (54) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec. Sec. 60.106(j) and 
60.335(b).
    (55) ASTM D1266-91, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec. Sec. 60.106(j) and 
60.335(b).
    (56) ASTM D1266-98, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec. Sec. 60.106(j) and 
60.335(b).
    (57) ASTM D1266-98 (Reapproved 2003) [egr],\1\ Standard 
Test Method for Sulfur in Petroleum Products (Lamp Method), IBR approved 
for Sec. 60.4415(a).

[[Page 94]]

    (58) ASTM D1475-60 (Reapproved 1980), Standard Test Method for 
Density of Paint, Varnish Lacquer, and Related Products, IBR approved 
for Sec. 60.435(d), appendix A-8 to part 60: Method 24, Section 6.1; 
and Method 24A, Sections 6.5 and 7.1.
    (59) ASTM D1475-90, Standard Test Method for Density of Paint, 
Varnish Lacquer, and Related Products, IBR approved for Sec. 60.435(d), 
appendix A-8 to part 60: Method 24, Section 6.1; and Method 24A, 
Sec. Sec. 6.5 and 7.1.
    (60) ASTM D1552-83, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. Sec. 
60.106(j), 60.335(b), and appendix A-7 to part 60: Method 19, Section 
12.5.2.2.3.
    (61) ASTM D1552-95, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. Sec. 
60.106(j), 60.335(b), and appendix A-7 to part 60: Method 19, Section 
12.5.2.2.3.
    (62) ASTM D1552-01, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. Sec. 
60.106(j), 60.335(b), and appendix A-7 to part 60: Method 19, Section 
12.5.2.2.3.
    (63) ASTM D1552-03, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. 60.4415(a).
    (64) ASTM D1826-77, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec. 60.45(f), 60.46(c), 60.296(b), and appendix A-7 
to part 60: Method 19, Section 12.3.2.4.
    (65) ASTM D1826-94, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec. 60.45(f), 60.46(c), 60.296(b), and appendix A-7 
to part 60: Method 19, Section 12.3.2.4.
    (66) ASTM D1826-94 (Reapproved 2003), Standard Test Method for 
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous 
Recording Calorimeter, (Approved May 10, 2003), IBR approved for Sec. 
60.107a(d).
    (67) ASTM D1835-87, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec. 60.41Da, 60.41b, and 60.41c.
    (68) ASTM D1835-91, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec. 60.41Da, 60.41b, and 60.41c.
    (69) ASTM D1835-97, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec. 60.41Da, 60.41b, and 60.41c.
    (70) ASTM D1835-03a, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec. 60.41Da, 60.41b, and 60.41c.
    (71) ASTM D1945-64, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec. 60.45(f).
    (72) ASTM D1945-76, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec. 60.45(f).
    (73) ASTM D1945-91, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec. 60.45(f).
    (74) ASTM D1945-96, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec. 60.45(f).
    (75) ASTM D1945-03 (Reapproved 2010), Standard Method for Analysis 
of Natural Gas by Gas Chromatography, (Approved January 1, 2010), IBR 
approved for Sec. Sec. 60.107a(d) and 60.5413(d).
    (76) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by 
Gas Chromatography, IBR approved for Sec. Sec. 60.18(f), 60.45(f), 
60.564(f), 60.614(e), 60.664(e), and 60.704(d).
    (77) ASTM D1946-90 (Reapproved 1994), Standard Method for Analysis 
of Reformed Gas by Gas Chromatography, IBR approved for Sec. Sec. 
60.18(f), 60.45(f), 60.564(f), 60.614(e), 60.664(e), and 60.704(d).
    (78) ASTM D1946-90 (Reapproved 2006), Standard Method for Analysis 
of Reformed Gas by Gas Chromatography, (Approved June 1, 2006), IBR 
approved for Sec. 60.107a(d).
    (79) ASTM D2013-72, Standard Method of Preparing Coal Samples for 
Analysis, IBR approved for appendix A-7 to part 60: Method 19, Section 
12.5.2.1.3.
    (80) ASTM D2013-86, Standard Method of Preparing Coal Samples for 
Analysis, IBR approved for appendix A-7 to part 60: Method 19, Section 
12.5.2.1.3.
    (81) ASTM D2015-77 (Reapproved 1978), Standard Test Method for Gross

[[Page 95]]

Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, IBR 
approved for Sec. Sec. 60.45(f), 60.46(c), and appendix A-7 to part 60: 
Method 19, Section 12.5.2.1.3.
    (82) ASTM D2015-96, Standard Test Method for Gross Calorific Value 
of Solid Fuel by the Adiabatic Bomb Calorimeter, IBR approved for 
Sec. Sec. 60.45(f), 60.46(c), and appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (83) ASTM D2016-74, Standard Test Methods for Moisture Content of 
Wood, IBR approved for appendix A-8 to part 60: Method 28, Section 
16.1.1.
    (84) ASTM D2016-83, Standard Test Methods for Moisture Content of 
Wood, IBR approved for appendix A-8 to part 60: Method 28, Section 
16.1.1.
    (85) ASTM D2234-76, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (86) ASTM D2234-96, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (87) ASTM D2234-97b, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (88) ASTM D2234-98, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (89) ASTM D2369-81, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-8 to part 60: Method 24, Section 
6.2.
    (90) ASTM D2369-87, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-8 to part 60: Method 24, Section 
6.2.
    (91) ASTM D2369-90, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-8 to part 60: Method 24, Section 
6.2.
    (92) ASTM D2369-92, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-8 to part 60: Method 24, Section 
6.2.
    (93) ASTM D2369-93, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-8 to part 60: Method 24, Section 
6.2.
    (94) ASTM D2369-95, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-8 to part 60: Method 24, Section 
6.2.
    (95) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter (High-Precision Method), IBR approved for Sec. Sec. 
60.18(f), 60.485(g), 60.485a(g), 60.564(f), 60.614(e), 60.664(e), and 
60.704(d).
    (96) ASTM D2382-88, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter (High-Precision Method), IBR approved for Sec. Sec. 
60.18(f), 60.485(g), 60.485a(g), 60.564(f), 60.614(e), 60.664(e), and 
60.704(d).
    (97) ASTM D2504-67, Noncondensable Gases in C3 and Lighter 
Hydrocarbon Products by Gas Chromatography, IBR approved for Sec. Sec. 
60.485(g) and 60.485a(g).
    (98) ASTM D2504-77, Noncondensable Gases in C3 and Lighter 
Hydrocarbon Products by Gas Chromatography, IBR approved for Sec. Sec. 
60.485(g) and 60.485a(g).
    (99) ASTM D2504-88 (Reapproved 1993), Noncondensable Gases in C3 and 
Lighter Hydrocarbon Products by Gas Chromatography, IBR approved for 
Sec. Sec. 60.485(g) and 60.485a(g).
    (100) ASTM D2584-68(Reapproved 1985), Standard Test Method for 
Ignition Loss of Cured Reinforced Resins, IBR approved for Sec. 
60.685(c).
    (101) ASTM D2584-94, Standard Test Method for Ignition Loss of Cured 
Reinforced Resins, IBR approved for Sec. 60.685(c).
    (102) 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).
    (103) ASTM D2622-87, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec. 60.106(j) and 60.335(b).
    (104) ASTM D2622-94, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec. 60.106(j) and 60.335(b).
    (105) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec. 60.106(j) and 60.335(b).
    (106) 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).

[[Page 96]]

    (107) ASTM D2879-83Test 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), 
60.116b(f), 60.485(e), and 60.485a(e).
    (108) ASTM D2879-96, 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), 
60.116b(f), 60.485(e), and 60.485a(e).
    (109) ASTM D2879-97, 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), 
60.116b(f), 60.485(e), and 60.485a(e).
    (110) ASTM D2880-78, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec. 60.111(b), 60.111a(b), and 60.335(d).
    (111) ASTM D2880-96, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec. 60.111(b), 60.111a(b), and 60.335(d).
    (112) ASTM D2908-74, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec. 60.564(j).
    (113) ASTM D2908-91, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec. 60.564(j).
    (114) ASTM D2986-71, Standard Method for Evaluation of Air, Assay 
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.1; appendix 
A-5 to part 60: Method 12, Section 7.1.1; and Method 13A, Section 
7.1.1.2.
    (115) ASTM D2986-78, Standard Method for Evaluation of Air, Assay 
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.1; appendix 
A-5 to part 60: Method 12, Section 7.1.1; and Method 13A, Section 
7.1.1.2.
    (116) ASTM D2986-95a, Standard Method for Evaluation of Air, Assay 
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.1; appendix 
A-5 to part 60: Method 12, Section 7.1.1; and Method 13A, Section 
7.1.1.2.
    (117) ASTM D3173-73, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (118) ASTM D3173-87, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (119) ASTM D3176-74, Standard Method for Ultimate Analysis of Coal 
and Coke, IBR approved for Sec. 60.45(f)(5)(i) and appendix A-7 to part 
60: Method 19, Section 12.3.2.3.
    (120) ASTM D3176-89, Standard Method for Ultimate Analysis of Coal 
and Coke, IBR approved for Sec. 60.45(f)(5)(i) and appendix A-7 to part 
60: Method 19, Section 12.3.2.3.
    (121) ASTM D3177-75, Standard Test Method for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (122) ASTM D3177-89, Standard Test Method for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (123) ASTM D3178-73 (Reapproved 1979), Standard Test Methods for 
Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR 
approved for Sec. 60.45(f).
    (124) ASTM D3178-89, Standard Test Methods for Carbon and Hydrogen 
in the Analysis Sample of Coal and Coke, IBR approved for Sec. 
60.45(f).
    (125) ASTM D3246-81, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec. 60.335(b).
    (126) ASTM D3246-92, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec. 60.335(b).
    (127) ASTM D3246-96, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec. 60.335(b).
    (128) ASTM D3246-05, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec. 60.4415(a)(1).

[[Page 97]]

    (129) ASTM D3270-73T, Standard Test Methods for Analysis for 
Fluoride Content of the Atmosphere and Plant Tissues (Semiautomated 
Method), IBR approved for appendix A-5 to part 60: Method 13A, Section 
16.1.
    (130) ASTM D3270-80, Standard Test Methods for Analysis for Fluoride 
Content of the Atmosphere and Plant Tissues (Semiautomated Method), IBR 
approved for appendix A-5 to part 60: Method 13A, Section 16.1.
    (131) ASTM D3270-91, Standard Test Methods for Analysis for Fluoride 
Content of the Atmosphere and Plant Tissues (Semiautomated Method), IBR 
approved for appendix A-5 to part 60: Method 13A, Section 16.1.
    (132) ASTM D3270-95, Standard Test Methods for Analysis for Fluoride 
Content of the Atmosphere and Plant Tissues (Semiautomated Method), IBR 
approved for appendix A-5 to part 60: Method 13A, Section 16.1.
    (133) ASTM D3286-85, Standard Test Method for Gross Calorific Value 
of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved for 
appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.
    (134) ASTM D3286-96, Standard Test Method for Gross Calorific Value 
of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved for 
appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.
    (135) ASTM D3370-76, Standard Practices for Sampling Water, IBR 
approved for Sec. 60.564(j).
    (136) ASTM D3370-95a, Standard Practices for Sampling Water, IBR 
approved for Sec. 60.564(j).
    (137) ASTM D3588-98 (Reapproved 2003), Standard Practice for 
Calculating Heat Value, Compressibility Factor, and Relative Density of 
Gaseous Fuels, (Approved May 10, 2003), IBR approved for Sec. Sec. 
60.107a(d) and 60.5413(d).
    (138) ASTM D3699-08, Standard Specification for Kerosine, including 
Appendix X1, (Approved September 1, 2008), IBR approved for Sec. Sec. 
60.41b and 60.41c.
    (139) ASTM D3792-79, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for appendix A-7 to part 60: Method 24, Section 6.3.
    (140) ASTM D3792-91, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for appendix A-7 to part 60: Method 24, Section 6.3.
    (141) ASTM D4017-81, Standard Test Method for Water in Paints and 
Paint Materials by the Karl Fischer Titration Method, IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.4.
    (142) ASTM D4017-90, Standard Test Method for Water in Paints and 
Paint Materials by the Karl Fischer Titration Method, IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.4.
    (143) ASTM D4017-96a, Standard Test Method for Water in Paints and 
Paint Materials by the Karl Fischer Titration Method, IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.4.
    (144) ASTM D4057-81, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.2.3.
    (145) ASTM D4057-95, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.2.3.
    (146) ASTM D4057-95 (Reapproved 2000), Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products, IBR approved for Sec. 
60.4415(a).
    (147) ASTM D4084-82, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec. 60.334(h).
    (148) ASTM D4084-94, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec. 60.334(h).
    (149) 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).
    (150) ASTM D4177-95, Standard Practice for Automatic Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.2.1.

[[Page 98]]

    (151) ASTM D4177-95 (Reapproved 2000), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, IBR approved for 
Sec. 60.4415(a).
    (152) ASTM D4239-85, 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-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (153) ASTM D4239-94, 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-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (154) ASTM D4239-97, 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-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (155) 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).
    (156) 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).
    (157) ASTM D4442-84, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
appendix A-8 to part 60: Method 28, Section 16.1.1.
    (158) ASTM D4442-92, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
appendix A-8 to part 60: Method 28, Section 16.1.1.
    (159) ASTM D4444-92, Standard Test Methods for Use and Calibration 
of Hand-Held Moisture Meters, IBR approved for appendix A-8 to part 60: 
Method 28, Section 16.1.1.
    (160) 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-7 
to part 60: Method 24, Section 6.5.
    (161) 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) and 60.4415(a).
    (162) ASTM D4468-85 (Reapproved 2006), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, (Approved June 1, 2006), IBR approved for Sec. 60.107a(e).
    (163) 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).
    (164) 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), 60.485(g), 60.485a(g), 60.564(f), 
60.614(d), 60.664(e), and 60.704(d).
    (165) ASTM D4809-06, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), 
(Approved December 1, 2006), IBR approved for Sec. 60.107a(d).
    (166) 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).
    (167) ASTM D4891-89 (Reapproved 2006) Standard Test Method for 
Heating Value of Gases in Natural Gas Range by Stoichiometric 
Combustion, (Approved June 1, 2006), IBR approved for Sec. Sec. 
60.107a(d) and 60.5413(d).
    (168) ASTM D5287-97 (Reapproved 2002), Standard Practice for 
Automatic Sampling of Gaseous Fuels, IBR approved for Sec. 60.4415(a).
    (169) ASTM D5403-93, Standard Test Methods for Volatile Content of 
Radiation Curable Materials, IBR approved for appendix A-7 to part 60: 
Method 24, Section 6.6.
    (170) 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).
    (171) ASTM D5453-05, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor

[[Page 99]]

Fuels and Oils by Ultraviolet Fluorescence, IBR approved for Sec. 
60.4415(a).
    (172) 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) and 
60.4360.
    (173) ASTM D5504-08, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, (Approved June 15, 2008), IBR approved for 
Sec. Sec. 60.107a(e) and 60.5413(d).
    (174) ASTM D5762-02, Standard Test Method for Nitrogen in Petroleum 
and Petroleum Products by Boat-Inlet Chemiluminescence, IBR approved for 
Sec. 60.335(b).
    (175) ASTM D5865-98, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec. Sec. 60.45(f) and 60.46(c), and 
appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.
    (176) ASTM D5865-10, Standard Test Method for Gross Calorific Value 
of Coal and Coke, (Approved January 1, 2010), IBR approved for 
Sec. Sec. 60.45(f), 60.46(c), and appendix A-7 to part 60: Method 19, 
section 12.5.2.1.3.
    (177) ASTM D6216-98, Standard Practice for Opacity Monitor 
Manufacturers to Certify Conformance with Design and Performance 
Specifications, IBR approved for appendix B to part 60: Performance 
Specification 1.
    (178) 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).
    (179) 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.
    (180) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, (Approved October 1, 2003), IBR approved 
for Sec. 60.73a(b), table 7 to subpart IIII, and table 2 to subpart 
JJJJ.
    (181) 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).
    (182) ASTM D6420-99 (Reapproved 2004), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, (Approved October 1, 2004), IBR 
approved for Sec. 60.107a(d) and table 2 to subpart JJJJ.
    (183) 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).
    (184) 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, (Approved October 1, 2005), IBR approved for table 2 
to subpart JJJJ, and Sec. Sec. 60.5413(b) and (d).
    (185) 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).
    (186) 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).
    (187) ASTM D6751-11b, Standard Specification for Biodiesel Fuel 
Blend Stock (B100) for Middle Distillate Fuels, including Appendices X1 
through X3, (Approved July 15, 2011), IBR approved for Sec. Sec. 60.41b 
and 60.41c.
    (188) 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 Sec. 
60.56c(b) and appendix B to part 60: Performance Specification 12A, 
Section 8.6.2.

[[Page 100]]

    (189) 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) and 
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), 60.5220(b), tables 1 and 2 
to subpart LLLL, and tables 2 and 3 to subpart MMMM.
    (190) ASTM D7467-10, Standard Specification for Diesel Fuel Oil, 
Biodiesel Blend (B6 to B20), including Appendices X1 through X3, 
(Approved August 1, 2010), IBR approved for Sec. Sec. 60.41b and 
60.41c.
    (191) ASTM E168-67, General Techniques of Infrared Quantitative 
Analysis, IBR approved for Sec. Sec. 60.485a(d), 60.593(b), 60.593a(b), 
and 60.632(f).
    (192) ASTM E168-77, General Techniques of Infrared Quantitative 
Analysis, IBR approved for Sec. Sec. 60.485a(d), 60.593(b), 60.593a(b), 
and 60.632(f).
    (193) ASTM E168-92, General Techniques of Infrared Quantitative 
Analysis, IBR approved for Sec. Sec. 60.485a(d)(1), 60.593(b)(2), 
60.593a(b)(2), 60.632(f), and 60.5400.
    (194) ASTM E169-63, General Techniques of Ultraviolet Quantitative 
Analysis, IBR approved for Sec. Sec. 60.485a(d), 60.593(b), 60.593a(b), 
and 60.632(f) .
    (195) ASTM E169-77, General Techniques of Ultraviolet Quantitative 
Analysis, IBR approved for Sec. Sec. 60.485a(d), 60.593(b), and 
60.593a(b), 60.632(f).
    (196) ASTM E169-93, General Techniques of Ultraviolet Quantitative 
Analysis, (Approved May 15, 1993), IBR approved for Sec. Sec. 
60.485a(d), 60.593(b), 60.593a(b), 60.632(f), and 60.5400(f).
    (197) ASTM E260-73, General Gas Chromatography Procedures, IBR 
approved for Sec. Sec. 60.485a(d), 60.593(b), 60.593a(b), and 
60.632(f).
    (198) ASTM E260-91, General Gas Chromatography Procedures, (IBR 
approved for Sec. Sec. 60.485a(d), 60.593(b), 60.593a(b), and 
60.632(f).
    (199) ASTM E260-96, General Gas Chromatography Procedures, (Approved 
April 10, 1996), IBR approved for Sec. Sec. 60.485a(d), 60.593(b), 
60.593a(b), 60.632(f), 60.5400(f), and 60.5406(b).
    (200) ASTM E1584-11, Standard Test Method for Assay of Nitric Acid, 
(Approved August 1, 2011), IBR approved for Sec. 60.73a(c).
    (201) ASTM UOP539-97, Refinery Gas Analysis by Gas Chromatography, 
(Copyright 1997), IBR approved for Sec. 60.107a(d).
    (202) ASTM E871-82 (Reapproved 2013), Standard Test Method for 
Moisture Analysis of Particulate Wood Fuels, (Approved August 15, 2013), 
IBR approved for appendix A-8: method 28R.
    (203) ASTM E2515-11, Standard Test Method for Determination of 
Particulate Matter Emissions Collected by a Dilution Tunnel, (Approved 
November 1, 2011), IBR approved for Sec. 60.534 and Sec. 60.5476.
    (204) ASTM E2779-10, Standard Test Method for Determining 
Particulate Matter Emissions from Pellet Heaters, (Approved October 1, 
2010), IBR approved for Sec. 60.534.
    (205) ASTM E2618-13 Standard Test Method for Measurement of 
Particulate Matter Emissions and Heating Efficiency of Outdoor Solid 
Fuel-Fired Hydronic Heating Appliances, (Approved September 1, 2013), 
IBR approved for Sec. 60.5476.
    (206) ASTM E2780-10, Standard Test Method for Determining 
Particulate Matter Emissions from Wood Heaters, (Approved October 1, 
2010), IBR approved for appendix A: method 28R.
    (h) 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 (AOAC), 11th edition, 1970, pp. 11-12, 
IBR approved for Sec. Sec. 60.204(b), 60.214(b), 60.224(b), and 
60.234(b).
    (2) [Reserved]
    (i) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.
    (1) EPA-454/R-98-015, Office of Air Quality Planning and Standards 
(OAQPS) Fabric Filter Bag Leak Detection Guidance, September 1997, IBR 
approved for Sec. Sec. 60.2145(r), 60.2710(r), 60.4905(b), and 
60.5225(b).
    (2) [Reserved]
    (j) The Gas Processors Association, 6526 East 60th Street, Tulsa, OK 
74145;

[[Page 101]]

also available through Information Handling Services, 15 Inverness Way 
East, PO Box 1154, Englewood, CO 80150-1154. You may inspect a copy at 
the EPA's Air and Radiation Docket and Information Center, Room 3334, 
1301 Constitution Ave. NW., Washington, DC 20460.
    (1) Gas Processors Association Standard 2172-09, Calculation of 
Gross Heating Value, Relative Density, Compressibility and Theoretical 
Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody Transfer 
(2009), IBR approved for Sec. 60.107a(d).
    (2) Gas Processors Association Standard 2261-00, Analysis for 
Natural Gas and Similar Gaseous Mixtures by Gas Chromatography (2000), 
IBR approved for Sec. 60.107a(d).
    (3) 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), 60.107a(b), 
60.334(h), 60.4360, and 60.4415(a).
    (k) International Organization for Standardization (ISO) available 
through IHS Inc., 15 Inverness Way East, Englewood, CO 80112.
    (1) ISO 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]
    (l) International Organization for Standardization (ISO), 1, ch. de 
la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland, +41 22 
749 01 11, http://www.iso.org/iso/home.htm.
    (1) ISO 8316: Measurement of Liquid Flow in Closed Conduits--Method 
by Collection of the Liquid in a Volumetric Tank (1987-10-01)--First 
Edition, IBR approved for Sec. 60.107a(d).
    (2) [Reserved]
    (m) This material is available for purchase from the National 
Technical Information Services (NTIS), 5285 Port Royal Road, 
Springfield, Virginia 22161. You may inspect a copy at the 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 20460.
    (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]
    (n) North American Electric Reliability Corporation, 1325 G Street 
NW., Suite 600, Washington, DC 20005-3801, http://www.nerc.com.
    (1) North American Electric Reliability Corporation Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies, updated November 
19, 2012, IBR approved for Sec. Sec. 60.4211(f) and 60.4243(d). Also 
available online: http://www.nerc.com/files/ EOP-002-3--1.pdf.
    (2) [Reserved]
    (o) The following material is available for purchase from the 
Technical Association of the Pulp and Paper Industry (TAPPI), 15 
Technology Parkway South, Suite 115, Peachtree Corners, GA 30092, 
Telephone (800) 332-8686, and is also available at the following Web 
site: http://www.tappi.org.
    (1) TAPPI Method T 624 cm-11, (Copyright 2011), IBR approved, for 
Sec. Sec. 60.285(d) and 60.285a(d).
    (2) [Reserved]
    (p) 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, IBR approved for appendix A-8 to part 60.
    (2) [Reserved]
    (q) 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 for Sec. 60.683(b).
    (2) [Reserved]
    (r) West Coast Lumber Inspection Bureau, 6980 SW. Barnes Road, 
Portland, OR 97223.
    (1) West Coast Lumber Standard Grading Rules No. 16, pages 5-21, 90 
and 91, September 3, 1970, revised 1984, IBR approved for appendix A-8 
to part 60.
    (2) [Reserved]
    (s) This material is available for purchase from the Canadian 
Standards Association (CSA), 5060 Spectrum Way, Suite 100, Mississauga, 
Ontario, Canada L4W 5N6, Telephone: 800-463-6727.

[[Page 102]]

    (1) CSA B415.1-10, Performance Testing of Solid-fuel-burning Heating 
Appliances, (March 2010), IBR approved for Sec. 60.534 and Sec. 
60.5476. (The standard is also available at http://shop.csa.ca/en/
canada/ fuel-burning-equipment/ b4151-10/invt/27013322010)
    (2) [Reserved]
    (t) This European National (EN) standards material is available for 
purchase at European Committee for Standardization, Management Centre, 
Avenue Marnix 17, B-1000 Brussels, Belgium, Telephone: + 32 2 550 08 11.
    (1) DIN EN 303-5:2012E (EN 303-5), Heating boilers--Part 5: Heating 
boilers for solid fuels, manually and automatically stoked, nominal heat 
output of up to 500 kW--Terminology, requirements, testing and marking, 
(October 2012), IBR approved for Sec. 60.5476. (The standard is also 
available at http://www.en-standard.eu/csn-en-303- 5-heating-boilers-
part-5-heating- boilers-for-solid-fuels- manually-and-automatically- 
stoked-nominal-heat-output- of-up-to-500-kw- terminology-requirements- 
testing-and-marking/ ?gclid=CJXI2P-- 97MMCFdccgQodan8ATA)
    (2) [Reserved]

[79 FR 11242, Feb. 27, 2014, as amended at 79 FR 18965, Apr. 4, 2014; 80 
FR 13701, Mar. 16, 2015]



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 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

[[Page 103]]

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.
    (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).


[[Page 104]]


    (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.
    (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

[[Page 105]]

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.

    (ii) Start the optical gas imaging instrument according to the 
manufacturer's instructions, ensuring that all appropriate settings 
conform to the manufacturer's instructions.

[[Page 106]]

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

[[Page 107]]



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 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

[[Page 108]]

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]



   Sec. Table 1 to Subpart A of 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) or section 
112(b)(1)(A) of the Act.
    (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 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

[[Page 109]]

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.

[40 FR 53346, Nov. 17, 1975, as amended at 70 FR 28649, May 18, 2005; 77 
FR 9447, Feb. 16, 2012]



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 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.

[[Page 110]]

    (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
    (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

[[Page 111]]

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. Such cases will be identified in the guideline 
documents issued under Sec. 60.22. Where emission standards prescribing 
equipment specifications are established, the plan shall, to the degree 
possible, set forth the emission reductions achievable by implementation 
of such specifications, and may permit compliance by the use of 
equipment determined by the State to be equivalent to that prescribed.
    (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 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

[[Page 112]]

    (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.

[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; 77 FR 9447, Feb. 16, 2012]



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.

[[Page 113]]

    (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]



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

[[Page 114]]

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 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]

[[Page 115]]



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 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

[[Page 116]]

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 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

[[Page 117]]

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 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

[[Page 118]]

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 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

[[Page 119]]

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.
[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

[[Page 120]]

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 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

[[Page 121]]

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 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.

[[Page 122]]

    (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]
    (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

[[Page 123]]

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 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. Sec. 60.33b(a), (b), (c), (d), and 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, nitrogen
    Municipal waste combustor       oxides emission     oxides emission
           technology              limit (parts per    limit (parts per
                                  million by volume)  million by volume)
                                          \a\                 \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\

------------------------------------------------------------------------
                                   Before April 28,   On and after April
                                    2009, nitrogen    28, 2009, nitrogen
    Municipal waste combustor       oxides emission     oxides emission
           technology              limit (parts per    limit (parts per
                                  million by volume)  million by volume)
                                          \b\                 \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

[[Page 124]]

 
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..
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.

[[Page 125]]

    (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
    (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

[[Page 126]]

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 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.

[[Page 127]]



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.



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.

[[Page 128]]

    (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 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

[[Page 129]]

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).



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

[[Page 130]]

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) 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

[[Page 131]]

operating hours) at all times. Operating parameter limits do not apply 
during performance tests. Operation above the maximum charge rate or 
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.

[[Page 132]]

    (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 
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).

[[Page 133]]

    (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:
    (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 134]]

 
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).


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

[[Page 135]]



  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)).
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.

[[Page 136]]

 
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)

----------------------------------------------------------------------------------------------------------------
                                 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.

[[Page 137]]

 
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

    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 subject to either subpart Da or KKKK of this part 
is not subject to this subpart.

[72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012]



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 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,

[[Page 138]]

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.
    Natural gas means a fluid mixture of hydrocarbons (e.g., methane, 
ethane, or propane), composed of at least 70 percent methane by volume 
or that has a gross calorific value between 35 and 41 megajoules (MJ) 
per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic 
foot), that maintains a gaseous state under ISO conditions. In addition, 
natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Finally, 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.
    Wood residue means bark, sawdust, slabs, chips, shavings, mill trim, 
and other wood products derived from wood processing and forest 
management operations.

[72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012]



Sec. 60.42  Standard for particulate matter (PM).

    (a) Except as provided under paragraphs (b), (c), (d), and (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:
    (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.
    (d) An owner or operator of an affected facility that combusts only 
natural gas is exempt from the PM and opacity standards specified in 
paragraph (a) of this section.
    (e) An owner or operator of an affected facility that combusts 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 is exempt from the PM standards specified in 
paragraph (a) of this section.

[60 FR 65415, Dec. 19, 1995, as amended at 76 FR 3522, Jan. 20, 2011; 74 
FR 5077, Jan. 28, 2009; 77 FR 9447, Feb. 16, 2012]

[[Page 139]]



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

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:

[[Page 140]]

[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.
    (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 of an affected facility subject to the 
applicable emissions standard shall install, calibrate, maintain, and 
operate continuous opacity monitoring system (COMS) for measuring 
opacity and a continuous emissions monitoring system (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 and COMS 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 combusts 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, COMS for measuring the opacity of emissions and 
CEMS for measuring 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 is not required to and elects not to 
install any CEMS for either SO2 or NOX, a CEMS for 
measuring either O2 or CO2 is not required.
    (5) For affected facilities using a PM CEMS, a bag leak detection 
system to

[[Page 141]]

monitor the performance of a fabric filter (baghouse) according to the 
most current requirements in Sec. 60.48Da of this part, or an ESP 
predictive model to monitor the performance of the ESP developed in 
accordance and operated according to the most current requirements in 
section Sec. 60.48Da of this part a COMS is not required.
    (6) A COMS for measuring the opacity of emissions is not required 
for an affected facility 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).
    (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

[[Page 142]]

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 or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later;
    (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 or within 45 days of the next day that fuel with an 
opacity standard is combusted, whichever is later;
    (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 within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; 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.
    (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 10 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,

[[Page 143]]

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.
    (8) A COMS for measuring the opacity of emissions is not required 
for an affected facility at which the owner or operator installs, 
calibrates, operates, and maintains a particulate matter continuous 
parametric monitoring system (PM CPMS) according to the requirements 
specified in subpart UUUUU of part 63.
    (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 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):

[[Page 144]]

    (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 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:

[[Page 145]]

[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 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

[[Page 146]]

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 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

[[Page 147]]

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; 77 FR 9447, Feb. 16, 2012]



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 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

[[Page 148]]

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 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

[[Page 149]]

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

    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:
    (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/h) heat input of fossil fuel 
(either alone or in combination with any other fuel) in the combustion 
turbine engine and associated heat recovery steam generator; 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 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) through (3) of this section.
    (1) Affected facilities (i.e. heat recovery steam generators used 
with duct burners) associated with a stationary combustion turbine that 
are capable of combusting more than 73 MW (250

[[Page 150]]

MMBtu/h) heat input of fossil fuel are subject to this subpart except in 
cases when the affected facility (i.e. heat recovery steam generator) 
meets the applicability requirements of 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 KKKK, as applicable, of this part.)
    (3) Any affected facility that meets the applicability requirements 
and is subject to subpart Eb or subpart CCCC of this part is not subject 
to the emission standards under subpart Da.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5078, Jan. 28, 2009; 77 
FR 9448, Feb. 16, 2012]



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.
    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.
    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 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 before March 1, 2005, means a 24-hour period during which 
fossil fuel is combusted in a steam-generating unit 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, 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.
    Combined cycle gas turbine means a stationary turbine combustion 
system where heat from the turbine exhaust gases is recovered by a steam 
generating unit.
    Combined heat and power, also known as ``cogeneration,'' means a 
steam-generating unit that simultaneously produces both electric (and 
mechanical) and useful thermal energy from the same primary energy 
source.
    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.

[[Page 151]]

    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 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.
    Emission limitation means any emissions limit or operating limit.
    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 that is present as a gas at standard 
conditions and includes, but is not limited to, natural gas, refinery 
fuel gas, process gas, coke-oven gas, synthetic gas, and gasified coal.
    Gross energy output means:
    (1) For facilities constructed, reconstructed, or modified before 
May 4, 2011, the gross electrical or mechanical output from the affected 
facility 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);
    (2) For facilities constructed, reconstructed, or modified after May 
3, 2011, the gross electrical or mechanical output from the affected 
facility minus any electricity used to power the feedwater pumps and any 
associated gas compressors (air separation unit main compressor, oxygen 
compressor, and nitrogen compressor) 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);
    (3) For combined heat and power facilities constructed, 
reconstructed, or modified after May 3, 2011, the gross electrical or 
mechanical output from the affected facility divided by 0.95 minus any 
electricity used to power the feedwater pumps and any associated gas 
compressors (air separation unit main compressor, oxygen compressor, and 
nitrogen compressor) 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);
    (4) For a IGCC electric utility generating unit that coproduces 
chemicals constructed, reconstructed, or modified after May 3, 2011, the 
gross useful work performed is the gross electrical or mechanical output 
from the unit minus electricity used to power the feedwater pumps and 
any associated gas compressors (air separation unit main compressor, 
oxygen compressor, and nitrogen compressor) that are associated with 
power production plus 75 percent

[[Page 152]]

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). Auxiliary loads that are associated with power 
production are determined based on the energy in the coproduced 
chemicals compared to the energy of the syngas combusted in combustion 
turbine engine and associated duct burners.
    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. The Administrator may waive 
the 50 percent solid-derived fuel requirement during periods of the 
gasification system construction, startup and commissioning, shutdown, 
or repair. No solid fuel is directly burned in the unit during 
operation.
    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 a fluid mixture of hydrocarbons (e.g., methane, 
ethane, or propane), composed of at least 70 percent methane by volume 
or that has a gross calorific value between 35 and 41 megajoules (MJ) 
per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic 
foot), that maintains a gaseous state under ISO conditions. In addition, 
natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Finally, 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.
    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 energy output means the gross energy output minus the parasitic 
load associated with power production. Parasitic load includes, but is 
not limited to, the power required to operate the equipment used for 
fuel delivery systems, air pollution control systems, wastewater 
treatment systems, ash handling and disposal systems, and other controls 
(i.e., pumps, fans, compressors, motors, instrumentation, and other 
ancillary equipment required to operate the affected facility).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Out-of-control period means any period beginning with the quadrant 
corresponding to the completion of a daily calibration error, linearity 
check, or quality assurance audit that indicates that the instrument is 
not measuring and recording within the applicable performance 
specifications and ending with the quadrant corresponding to the 
completion of an additional calibration error, linearity check, or 
quality assurance audit following corrective action that demonstrates 
that the instrument is measuring and recording within the applicable 
performance specifications.
    Petroleum for facilities constructed, reconstructed, or modified 
before May 4, 2011, means crude oil or a fuel derived from crude oil, 
including, but not limited to, distillate oil, and residual oil. For 
units constructed, reconstructed, or modified after May 3, 2011, 
petroleum means crude oil or a fuel derived from crude oil, including, 
but not limited to, distillate oil, residual oil, and petroleum coke.
    Petroleum coke, also known as ``petcoke,'' means a carbonization 
product of high-boiling hydrocarbon fractions obtained in petroleum 
processing (heavy residues). Petroleum coke

[[Page 153]]

is typically derived from oil refinery coker units or other cracking 
processes.
    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. For sulfur dioxide (SO2) the potential combustion 
concentration is determined under Sec. 60.50Da(c).
    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.
    Resource recovery unit means a facility that combusts more than 75 
percent non-fossil fuel on a quarterly (calendar) heat input basis.
    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.
    Steam generating unit for facilities constructed, reconstructed, or 
modified before May 4, 2011, 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). For units 
constructed, reconstructed, or modified after May 3, 2011, 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) plus any integrated 
combustion turbines and fuel cells.
    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).
    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; 77 
FR 9448, Feb. 16, 2012; 77 FR 23402, Apr. 19, 2012; 78 FR 24082, Apr. 
24, 2013]



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

    (a) Except as provided in 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, 
an owner or operator of an affected facility shall not cause to be 
discharged into the atmosphere from any affected facility for which 
construction, reconstruction, or modification commenced before March 1, 
2005, any gases that contain PM in excess of 13 ng/J (0.03 lb/MMBtu) 
heat input.
    (b) Except as provided in paragraphs (b)(1) and (b)(2) of this 
section, 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, an owner or operator of an affected facility shall not 
cause to be discharged into the atmosphere 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.
    (1) An owner or operator of an affected facility that elects to 
install, calibrate, maintain, and operate a continuous emissions 
monitoring system (CEMS) for measuring PM emissions

[[Page 154]]

according to the requirements of this subpart is exempt from the opacity 
standard specified in this paragraph (b) of this section.
    (2) An owner or operator of an affected facility that combusts only 
natural gas and/or synthetic natural gas that chemically meets the 
definition of natural gas is exempt from the opacity standard specified 
in paragraph (b) of this section.
    (c) Except as provided in paragraphs (d) and (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, 
but before May 4, 2011, 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, but before May 4, 2011, 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 any gases that contain PM in excess of:
    (1) 13 ng/J (0.030 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel, and
    (2) For an affected facility that commenced construction or 
reconstruction, 0.1 percent of the combustion concentration determined 
according to the procedure in Sec. 60.48Da(o)(5) (99.9 percent 
reduction) when combusting solid, liquid, or gaseous fuel, or
    (3) For an affected facility that commenced modification, 0.2 
percent of the combustion concentration determined according to the 
procedure in Sec. 60.48Da(o)(5) (99.8 percent reduction) when 
combusting solid, liquid, or gaseous fuel.
    (e) Except as provided in paragraph (f) of this section, the owner 
or operator of an affected facility that commenced construction, 
reconstruction, or modification commenced after May 3, 2011, shall meet 
the requirements specified in paragraphs (e)(1) and (2) of this section.
    (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, the owner or operator shall not cause to be discharged into 
the atmosphere from that affected facility any gases that contain PM in 
excess of the applicable emissions limit specified in paragraphs 
(e)(1)(i) or (ii) of this section.
    (i) For an affected facility which commenced construction or 
reconstruction:
    (A) 11 ng/J (0.090 lb/MWh) gross energy output; or
    (B) 12 ng/J (0.097 lb/MWh) net energy output.
    (ii) For an affected facility which commenced modification, the 
emission limits specified in paragraphs (c) or (d) of this section.
    (2) During startup periods and shutdown periods, owners or operators 
of facilities subject to subpart UUUUU of part 63 of this chapter shall 
meet the work practice standards specified in Table 3 to subpart UUUUU 
of part 63 and use the relevant definitions in Sec. 63.10042, and 
owners or operators of facilities subject to subpart DDDDD of part 63 
shall meet the work practice standards specified in Table 3 to subpart 
DDDDD of part 63 and use the relevant definition used in Sec. 63.7575.
    (f) An owner or operator of an affected facility that meets the 
conditions in either paragraphs (f)(1) or (2) of this section is exempt 
from the PM emissions limits in this section.
    (1) The affected facility combusts only gaseous or liquid fuels 
(excluding residual oil) with potential SO2 emissions rates 
of 26 ng/J (0.060 lb/MMBtu) or less, and that does not use a post-
combustion technology to reduce emissions of SO2 or PM.
    (2) The affected facility is operated under a PM commercial 
demonstration

[[Page 155]]

permit issued by the Administrator according to the provisions of Sec. 
60.47Da.

[77 FR 9450, Feb. 16, 2012, as amended at 78 FR 24083, Apr. 24, 2013; 79 
FR 68788, Nov. 19, 2014]



Sec. 60.43Da  Standards 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);
    (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;
    (3) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (4) 65 ng/J (0.15 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 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 SO2 standards under this section do not apply to 
an owner or operator of an 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


[[Page 156]]


    (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 for which construction, 
reconstruction, or modification commenced after February 28, 2005, but 
before May 4, 2011, shall cause to be discharged into the atmosphere 
from that affected facility, any gases that contain SO2 in 
excess of the applicable emissions limit specified in paragraphs (i)(1) 
through (3) of this section.
    (1) For an affected facility which commenced construction, any gases 
that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (ii) 5 percent of the potential combustion concentration (95 percent 
reduction).
    (2) For an affected facility which commenced reconstruction, any 
gases that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input; or
    (iii) 5 percent of the potential combustion concentration (95 
percent reduction).
    (3) For an affected facility which commenced modification, any gases 
that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction).
    (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:

[[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.
    (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 for which construction, reconstruction, or 
modification commenced after February 28, 2005, but before May 4, 2011, 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of the 
applicable emissions limit 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.
    (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 
230 ng/J (0.54 lb/MMBtu) heat input.
    (l) Except as provided in paragraphs (j) and (m) 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 for which construction, 
reconstruction, or modification commenced after May 3, 2011, shall cause 
to be discharged into the atmosphere from that affected facility, any 
gases that contain SO2 in excess of the applicable emissions 
limit specified in paragraphs (l)(1) and (2) of this section.
    (1) For an affected facility which commenced construction or 
reconstruction, any gases that contain SO2 in excess of 
either:
    (i) 130 ng/J (1.0 lb/MWh) gross energy output; or
    (ii) 140 ng/J (1.2 lb/MWh) net energy output; or
    (iii) 3 percent of the potential combustion concentration (97 
percent reduction).
    (2) For an affected facility which commenced modification, any gases 
that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (ii) 10 percent of the potential combustion concentration (90 
percent reduction).
    (m) 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 for which construction, reconstruction, or 
modification commenced after May 3, 2011, shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
SO2 in excess of the applicable emissions limit specified in 
paragraphs (m)(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.
    (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 
230 ng/J (0.54 lb/MMBtu) heat input.

[72 FR 32722, June 13, 2007, as amended at 77 FR 9450, Feb. 16, 2012]



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

    (a) Except as provided in paragraph (h) 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 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 
July 10, 1997 any gases that contain NOX (expressed as 
NO2) in excess of the applicable emissions limit in 
paragraphs (a)(1) and (2) of this section.

[[Page 158]]

    (1) The owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX in excess of the 
emissions limit listed in the following table as applicable to the fuel 
type combusted and as determined on a 30-boiler operating day rolling 
average basis.

------------------------------------------------------------------------
                                                 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
Solid fuels:
    Coal-derived fuels........................          210         0.50
    Any fuel containing more than 25%, by             (\1\)        (\1\)
     weight, 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) When two or more fuels are combusted simultaneously in an 
affected facility, the applicable emissions limit (En) is 
determined by proration using the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE12.019

Where:

En = Applicable NOX emissions limit 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.

    (b)-(c) [Reserved]
    (d) Except as provided in paragraph (h) 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 July 9, 1997, but 
before March 1, 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 emissions 
limit specified in paragraphs (d)(1) and (2) of this section as 
determined on a 30-boiler operating day rolling average basis.
    (1) For an affected facility which commenced construction, any gases 
that contain NOX in excess of 200 ng/J (1.6 lb/MWh) gross 
energy output.
    (2) For an affected facility which commenced reconstruction, any 
gases that contain NOX in excess of 65 ng/J (0.15 lb/MMBtu) 
heat input.

[[Page 159]]

    (e) Except as provided in paragraphs (f) and (h) 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 
but before May 4, 2011, 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 emissions 
limit specified in paragraphs (e)(1) through (3) of this section as 
determined on a 30-boiler operating day rolling average basis.
    (1) For an affected facility which commenced construction, any gases 
that contain NOX in excess of 130 ng/J (1.0 lb/MWh) gross 
energy output.
    (2) For an affected facility which commenced reconstruction, any 
gases that contain NOX in excess of either:
    (i) 130 ng/J (1.0 lb/MWh) gross energy output; or
    (ii) 47 ng/J (0.11 lb/MMBtu) heat input.
    (3) For an affected facility which commenced modification, any gases 
that contain NOX in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input.
    (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 but before May 4, 2011, 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.
    (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.
    (3) In cases when during a 30-boiler operating 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 compliance 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.
    (g) Except as provided in paragraphs (h) of this section and Sec. 
60.45Da, 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 May 3, 2011, 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 emissions limit specified in paragraphs (g)(1) 
through (3) of this section.
    (1) For an affected facility which commenced construction or 
reconstruction, any gases that contain NOX in excess of 
either:
    (i) 88 ng/J (0.70 lb/MWh) gross energy output; or
    (ii) 95 ng/J (0.76 lb/MWh) net energy output.
    (2) For an affected facility which commenced construction or 
reconstruction and that burns 75 percent or more coal refuse (by heat 
input) on a 12-month rolling average basis, any gases that contain 
NOX in excess of either:
    (i) 110 ng/J (0.85 lb/MWh) gross energy output; or
    (ii) 120 ng/J (0.92 lb/MWh) net energy output.
    (3) For an affected facility which commenced modification, any gases

[[Page 160]]

that contain NOX in excess of 140 ng/J (1.1 lb/MWh) gross 
energy output.
    (h) The NOX emissions limits under this section do not 
apply to an owner or operator of an affected facility which is operating 
under a commercial demonstration permit issued by the Administrator in 
accordance with the provisions of Sec. 60.47Da.

[77 FR 9451, Feb. 16, 2012]



Sec. 60.45Da  Alternative standards for combined nitrogen oxides 
(NOX) and carbon monoxide (CO).

    (a) The owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after May 3, 2011 as 
alternate to meeting the applicable NOX emissions limits 
specified in Sec. 60.44Da may elect to meet the applicable standards 
for combined NOX and CO specified in paragraph (b) of this 
section.
    (b) 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 commenced construction, 
reconstruction, or modification after May 3, 2011, shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain NOX (expressed as NO2) plus CO in 
excess of the applicable emissions limit specified in paragraphs (b)(1) 
through (3) of this section as determined on a 30-boiler operating day 
rolling average basis.
    (1) For an affected facility which commenced construction or 
reconstruction, any gases that contain NOX plus CO in excess 
of either:
    (i) 140 ng/J (1.1 lb/MWh) gross energy output; or
    (ii) 150 ng/J (1.2 lb/MWh) net energy output.
    (2) For an affected facility which commenced construction or 
reconstruction and that burns 75 percent or more coal refuse (by heat 
input) on a 12-month rolling average basis, any gases that contain 
NOX plus CO in excess of either:
    (i) 160 ng/J (1.3 lb/MWh) gross energy output; or
    (ii) 170 ng/J (1.4 lb/MWh) net energy output.
    (3) For an affected facility which commenced modification, any gases 
that contain NOX plus CO in excess of 190 ng/J (1.5 lb/MWh) 
gross energy output.

[77 FR 9453, Feb. 16, 2012]



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 an affected facility that uses fluidized 
bed combustion (atmospheric or pressurized) and 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)

[[Page 161]]

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   SO2...............  6,000-10,000
 I).
Fluidized bed combustion          SO2...............  400-3,000
 (atmospheric).
Fluidized bed combustion          SO2...............  400-1,200
 (pressurized).
Coal liquification..............  NOX...............  750-10,000
                                 ---------------------------------------
    Total allowable for all       ..................  15,000
     technologies.
------------------------------------------------------------------------

    (f) An owner or operator of an affected facility that uses a 
pressurized fluidized bed or a multi-pollutant emissions controls system 
who is issued a commercial demonstration permit by the Administrator is 
not subject to the total PM emission reduction requirements under Sec. 
60.42Da but must, as a minimum, reduce PM emissions to less than 6.4 ng/
J (0.015 lb/MMBtu) heat input.
    (g) An owner or operator of an affected facility that uses a 
pressurized fluidized bed or a multi-pollutant emissions controls system 
who is issued a commercial demonstration permit by the Administrator is 
not subject to the SO2 standards or emission reduction 
requirements under Sec. 60.43Da but must, as a minimum, reduce 
SO2 emissions to 5 percent of the potential combustion 
concentration (95 percent reduction) or to less than 180 ng/J (1.4 lb/
MWh) gross energy output on a 30-boiler operating day rolling average 
basis.
    (h) An owner or operator of an affected facility that uses a 
pressurized fluidized bed or a multi-pollutant emissions control system 
or advanced combustion controls who is issued a commercial demonstration 
permit by the Administrator is not subject to the NOX 
standards or emission reduction requirements under Sec. 60.44Da but 
must, as a minimum, reduce NOX emissions to less than 130 ng/
J (1.0 lb/MWh) or the combined NOX plus CO emissions to less 
than 180 ng/J (1.4 lb/MWh) gross energy output on a 30-boiler operating 
day rolling average basis.
    (i) Commercial demonstration permits may not exceed the following 
equivalent MW electrical generation capacity for any one technology 
category listed in the following table.

------------------------------------------------------------------------
                                                          Equivalent
                                                          electrical
           Technology                  Pollutant         capacity (MW
                                                      electrical output)
------------------------------------------------------------------------
Multi-pollutant Emission Control  SO2...............  1,000
Multi-pollutant Emission Control  NOX...............  1,000
Multi-pollutant Emission Control  PM................  1,000
Pressurized Fluidized Bed         SO2...............  1,000
 Combustion.
Pressurized Fluidized Bed         NOX...............  1,000
 Combustion.
Pressurized Fluidized Bed         PM................  1,000
 Combustion.
Advanced Combustion Controls....  NOX...............  1,000
------------------------------------------------------------------------


[72 FR 32722, June 13, 2007, as amended at 77 FR 9450, Feb. 16, 2012]



Sec. 60.48Da  Compliance provisions.

    (a) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, the applicable PM emissions 
limit and opacity standard under Sec. 60.42Da, SO2 emissions 
limit under Sec. 60.43Da, and NOX emissions limit under 
Sec. 60.44Da apply at all times except during periods of startup, 
shutdown, or malfunction. For affected facilities for which 
construction, modification, or reconstruction commenced after May 3, 
2011, the applicable SO2 emissions limit under Sec. 60.43Da, 
NOX emissions limit

[[Page 162]]

under Sec. 60.44Da, and NOX plus CO emissions limit under 
Sec. 60.45Da apply at all times. The applicable PM emissions limit and 
opacity standard under Sec. 60.42Da apply at all times except during 
periods of startup and shutdown.
    (b) After the initial performance test required under Sec. 60.8, 
compliance with the applicable SO2 emissions limit and 
percentage reduction requirements under Sec. 60.43Da, NOX 
emissions limit under Sec. 60.44Da, and NOX plus CO 
emissions limit under Sec. 60.45Da 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-boiler operating day rolling 
average emission rate for both SO2, NOX or 
NOX plus CO as applicable, and a new percent reduction for 
SO2 are calculated to demonstrate compliance with the 
standards.
    (c) For the initial performance test required under Sec. 60.8, 
compliance with the applicable SO2 emissions limits and 
percentage reduction requirements under Sec. 60.43Da, the 
NOX emissions limits under Sec. 60.44Da, and the 
NOX plus CO emissions limits under Sec. 60.45Da is based on 
the average emission rates for SO2, NOX, CO, 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.
    (d) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, compliance with applicable 
30-boiler operating day rolling average SO2 and 
NOX emissions limits 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, or malfunction. For affected 
facilities for which construction, modification, or reconstruction 
commenced after May 3, 2011, compliance with applicable 30-boiler 
operating day rolling average SO2 and NOX 
emissions limits is determined by dividing the sum of the SO2 
and NOX emissions for the 30 successive boiler operating days 
by the sum of the gross energy output or net energy output, as 
applicable, for the 30 successive boiler operating days.
    (e) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, 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. For affected facilities for which 
construction, modification, or reconstruction commenced after May 3, 
2011, compliance with applicable SO2 percentage reduction 
requirements is determined based on the ``as fired'' total potential 
emissions and the total outlet SO2 emissions for the 30 
successive boiler operating days.
    (f) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, compliance with the 
applicable daily average PM emissions limit is determined by calculating 
the arithmetic average of all hourly emission rates each boiler 
operating day, except for data obtained during startup, shutdown, or 
malfunction periods. Daily averages must be calculated for boiler 
operating days that have out-of-control periods totaling no more than 6 
hours of unit operation during which the standard applies. For affected 
facilities for which construction or reconstruction commenced after May 
3, 2011, that elect to demonstrate compliance using PM CEMS, compliance 
with the applicable PM emissions limit in Sec. 60.42Da is determined on 
a 30-boiler operating day rolling average basis by calculating the 
arithmetic average of all hourly PM emission rates for the 30 successive 
boiler operating days, except for data obtained during periods of 
startup or shutdown.
    (g) For affected facilities for which construction, modification, or 
reconstruction commenced after May 3, 2011, compliance with applicable 
30-boiler

[[Page 163]]

operating day rolling average NOX plus CO emissions limit is 
determined by dividing the sum of the NOX plus CO emissions 
for the 30 successive boiler operating days by the sum of the gross 
energy output or net energy output, as applicable, for the 30 successive 
boiler operating days.
    (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), (f), or (g). The owner or 
operator 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)) or the average hourly net energy 
output, as applicable. 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. 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)) or the average hourly net energy output, 
as applicable.
    (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:
    (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:

[[Page 164]]

    (i) The emission rate (E) of NOX shall be computed using 
Equation 2 in this section:
[GRAPHIC] [TIFF OMITTED] TR16FE12.000

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross energy 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/h (dscf/h);
Qte = Average hourly volumetric flow rate of exhaust gas from 
          combustion turbine, dscm/h (dscf/h);
Osg = Average hourly gross energy output from steam 
          generating unit, J/h (MW); 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] TR16FE12.001

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross energy 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/h (dscf/h); and
Occ = Average hourly gross energy output from entire combined 
          cycle unit, J/h (MW).

    (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

[[Page 165]]

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 Sec. 60.49Da(l), determine the mass rate (lb/h) 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] TR16FE12.002

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross energy 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/h (MMBtu/h); and
Occ = Average hourly gross energy output from entire combined 
          cycle unit, J/h (MW).

    (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) [Reserved]
    (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), (j)(3)(i), 
(l)(1)(i), (l)(1)(ii), or (l)(2). The owner or operator 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)) 
or the average hourly net energy output, as applicable. 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)) or the 
average hourly net energy output, as applicable.
    (n) Compliance provisions for sources subject to Sec. 60.42Da(c)(1) 
or (e)(1)(i). The

[[Page 166]]

owner or operator 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 dividing by the average hourly gross energy output 
(measured according to the provisions of Sec. 60.49Da(k)) or the 
average hourly net energy output, as applicable.
    (o) Compliance provisions for sources subject to Sec. 
60.42Da(c)(2), (d), or (e)(1)(ii). Except as provided for in paragraph 
(p) of this section, the owner or operator must demonstrate compliance 
with each applicable emissions 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 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 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

[[Page 167]]

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-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 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 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.

[[Page 168]]

    (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-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 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.

[[Page 169]]

    (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;
    (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

[[Page 170]]

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 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, non-out-of-control CEMS hourly averages shall be 
obtained for 75 percent of all operating hours on a 30-boiler operating 
day rolling average basis. Beginning on January 1, 2012, non-out-of-
control CEMS hourly averages shall be obtained for 90 percent of all 
operating hours on a 30-boiler operating 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 non-out-of-control 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, non-out-of-control emissions data 
for a minimum of 90 percent (only 75 percent is required prior to 
January 1, 2012) of all operating hours per 30-boiler operating 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.
    (r) Compliance provisions for sources subject to Sec. 60.45Da. To 
determine compliance with the NOX plus CO emissions limit, 
the owner or operator shall use the procedures specified in paragraphs 
(r)(1) through (3) of this section.
    (1) 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)) or the average hourly net energy output, as 
applicable.
    (2) Calculate CO emissions by multiplying the average hourly CO 
output

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concentration (measured according to the provisions of Sec. 60.49Da(u), 
by the average hourly flow rate (measured according to the provisions of 
Sec. 60.49Da(l) or Sec. 60.49Da(m)), and dividing by the average 
hourly gross energy output (measured according to the provisions of 
Sec. 60.49Da(k)) or the average hourly net energy output, as 
applicable.
    (3) Calculate NOX plus CO emissions by summing the 
NOX emissions results from paragraph (r)(1) of this section 
plus the CO emissions results from paragraph (r)(2) of this section.
    (s) Affirmative defense for exceedance of emissions limit during 
malfunction. In response to an action to enforce the standards set forth 
in paragraph Sec. Sec. 60.42Da, 60.43Da, 60.44Da, and 60.45Da, 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 as specified in paragraphs (s)(1) and (2) of this 
section. The affirmative defense shall not be available for claims for 
injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (s)(2) of this section, and must prove by a preponderance of 
evidence that:
    (i) The excess emissions:
    (A) 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
    (B) Could not have been prevented through careful planning, proper 
design, or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the 
applicable emissions limits were being exceeded. Off-shift and overtime 
labor were used, to the extent practicable to make these repairs; and
    (iii) 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
    (iv) 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
    (v) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the facility was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) 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.
    (2) Notification. The owner or operator of the affected source 
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 or, if it is not 
possible to determine within two business days whether the malfunction 
caused or contributed to an exceedance, no later than two business days 
after the owner or operator knew or should have known that the 
malfunction caused or contributed to an exceedance, but, in no event 
later than two business days after the end of the averaging period, if

[[Page 172]]

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. 63.9991 to demonstrate, with all necessary 
supporting documentation, that it has met the requirements set forth in 
paragraph (s)(1) 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.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009; 76 
FR 3522, Jan. 20, 2011; 77 FR 9454, Feb. 16, 2012; 78 FR 24083, Apr. 24, 
2013]



Sec. 60.49Da  Emission monitoring.

    (a) An owner or operator of an affected facility subject to the 
opacity standard in Sec. 60.42Da must monitor the opacity of emissions 
discharged from the affected facility to the atmosphere according to the 
applicable requirements in paragraphs (a)(1) through (4) of this 
section.
    (1) Except as provided for in paragraphs (a)(2) and (4) of this 
section, the owner or operator of an affected facility subject to an 
opacity standard, 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) of this section, an owner or operator of an affected facility 
that meets the conditions in either paragraph (a)(2)(i), (ii), (iii), or 
(iv) 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;
    (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 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; or
    (iv) The affected facility uses an ESP and uses an ESP predictive 
model to monitor the performance of the ESP developed in accordance and 
operated according to the most current requirements in section Sec. 
60.48Da of this part.
    (3) The owner or operator 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.
    (i) The owner or operator shall conduct a performance test using 
Method 9

[[Page 173]]

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)(C) of this section, as 
determined by the most recent Method 9 of appendix A-4 of this part 
performance test results.
    (A) If 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 12 calendar months from the 
date that the most recent performance test was conducted or within 45 
days of the next day that fuel with an opacity standard is combusted, 
whichever is later;
    (B) 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 within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; or
    (C) 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 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 10 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 must 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

[[Page 174]]

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.
    (4) An owner or operator of an affected facility that is subject to 
an opacity standard under Sec. 60.42Da is not required to operate a 
COMS provided that affected facility meets the conditions in either 
paragraph (a)(4)(i) or (ii) of this section.
    (i) The affected facility combusts only gaseous and/or liquid fuels 
(excluding residue oil) where the potential SO2 emissions 
rate of each fuel is no greater than 26 ng/J (0.060 lb/MMBtu), and the 
unit operates according to a written site-specific monitoring plan 
approved by the permitting authority. 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. For testing performed as part of this site-specific 
monitoring plan, the permitting authority may require as an alternative 
to the notification and reporting requirements specified in Sec. Sec. 
60.8 and 60.11 that the owner or operator submit any deviations with the 
excess emissions report required under Sec. 60.51Da(d).
    (ii) The owner or operator of the affected facility installs, 
calibrates, operates, and maintains a particulate matter continuous 
parametric monitoring system (PM CPMS) according to the requirements 
specified in subpart UUUUU of part 63.
    (b) The owner or operator of an affected facility must install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring SO2 emissions, except where only 
gaseous and/or liquid fuels (excluding residual oil) where the potential 
SO2 emissions rate of each fuel is 26 ng/J (0.060 lb/MMBtu) 
or less are 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, 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:
    (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.

[[Page 175]]

    (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, and 
malfunction, 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 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

[[Page 176]]

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:
    (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.

[[Page 177]]

    (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 energy output for sources 
demonstrating compliance with an output-based standard.
    (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 an affected facility generating process steam in combination 
with electrical generation, the gross energy output is determined 
according to the definition of ``gross energy output'' specified in 
Sec. 60.41Da that is applicable to the affected facility.
    (l) The owner or operator of an affected facility demonstrating 
compliance with an output-based standard 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 calibration drift (CD) assessment, relative accuracy test audit 
(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)-(r) [Reserved]
    (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);

[[Page 178]]

    (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 limit under Sec. 60.42Da 
must either install, certify, operate, and maintain a CEMS for measuring 
PM emissions according to the requirements of paragraph (v) of this 
section or install, calibrate, operate, and maintain a PM CPMS according 
to the requirements for new facilities specified in subpart UUUUU of 
part 63 of this chapter. An owner or operator of an affected facility 
demonstrating compliance with the input-based emissions limit in Sec. 
60.42Da 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, non-out-of-control 1-hour CO emissions averages 
must be obtained for at least 90 percent of the operating hours on a 30-
boiler operating 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 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

[[Page 179]]

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) As of January 1, 2012, and within 90 days after the date of 
completing each performance test, as defined in Sec. 60.8, 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.
    (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;
    (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

[[Page 180]]

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; 77 FR 9456, Feb. 16, 2012; 77 FR 23402, Apr. 19, 
2012; 78 FR 24083, Apr. 24, 2013]



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) In conducting the performance tests to determine compliance with 
the PM emissions limits in Sec. 60.42Da, the owner or operator shall 
meet the requirements specified in paragraphs (b)(1) through (3) of this 
section.
    (1) The owner or operator shall measure filterable PM to determine 
compliance with the applicable PM emissions limit in Sec. 60.42Da as 
specified in paragraphs (b)(1)(i) through (ii) of this section.
    (i) 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.
    (ii) For the PM concentration, Method 5 of appendix A of this part 
shall be used for an affected facility that does not use a wet FGD. For 
an affected facility that uses a wet FGD, Method 5B of appendix A of 
this part shall be used downstream of the wet FGD.
    (A) 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 in the sampling train may be set to provide an average 
gas temperature of no greater than 160 14 [deg]C (320 25 [deg]F).
    (B) 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

[[Page 181]]

mean of the sample O2 concentrations at all traverse points.
    (2) In conjunction with a performance test performed according to 
the requirements in paragraph (b)(1) of this section, the owner or 
operator of an affected facility for which construction, reconstruction, 
or modification commenced after May 3, 2011, shall measure condensable 
PM using Method 202 of appendix M of part 51.
    (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) The owner or operator of an electric utility combined cycle gas 
turbine that does not meet the definition of an IGCC must conduct 
performance tests for PM, SO2, and NOX using the 
procedures of Method 19 of appendix A-7 of this part. 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.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009; 77 
FR 9458, Feb. 16, 2012; 78 FR 24084, Apr. 24, 2013]

[[Page 182]]



Sec. 60.51Da  Reporting requirements.

    (a) For SO2, NOX, PM, and NOX plus 
CO emissions, the performance test data from the initial and subsequent 
performance test and from the performance evaluation of the continuous 
monitors (including the transmissometer) must be reported 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, or malfunction.
    (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.
    (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) 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) and conducting performance tests using Method 9 of 
appendix A-4 of this part 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 paragraph (d)(1) of this section.
    (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 (d)(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) [Reserved]
    (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

[[Page 183]]

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) [Reserved]
    (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.
    (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 in lieu of submitting the written reports required under 
paragraphs (b) 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.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009; 77 
FR 9458, Feb. 16, 2012]



Sec. 60.52Da  Recordkeeping requirements.

    (a) [Reserved]
    (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

[[Page 184]]

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, as amended at 77 FR 9459, Feb. 16, 2012]



     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 or subpart Ja of this part are subject to 
the PM and NOX standards under this subpart and the 
SO2 standards under subpart J or subpart Ja of this part, as 
applicable.
    (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.

[[Page 185]]

    (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, subpart AAAA, or subpart CCCC 
of this part is not subject to this subpart.
    (i) Affected facilities (i.e., heat recovery steam generators) that 
are associated with stationary combustion 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 
affected facilities (i.e. heat recovery steam generators with duct 
burners) that are capable of combusting more than 29 MW (100 MMBtu/h) 
heat input of fossil fuel. If the affected facility (i.e. 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 stationary combustion turbine emissions are subject 
to subpart GG or KKKK, as applicable, of this part.)
    (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.
    (l) Affected facilities that also meet the applicability 
requirements under subpart BB of this part (Standards of Performance for 
Kraft Pulp Mills) are subject to the SO2 and NOX 
standards under this subpart and the PM standards under subpart BB.
    (m) Temporary boilers are not subject to this subpart.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 
FR 9459, Feb. 16, 2012]



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

[[Page 186]]

(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), 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), 
kerosine, as defined by the American Society of Testing and Materials in 
ASTM D3699 (incorporated by reference, see Sec. 60.17), biodiesel as 
defined by the American Society of Testing and Materials in ASTM D6751 
(incorporated by reference, see Sec. 60.17), or biodiesel blends as 
defined by the American Society of Testing and Materials in ASTM D7467 
(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 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).

[[Page 187]]

    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.
    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

[[Page 188]]

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.
    Temporary boiler means any gaseous or liquid fuel-fired steam 
generating unit that is designed to, and is capable of, being carried or 
moved from one location to another by means of, for example, wheels, 
skids, carrying handles, dollies, trailers, or platforms. A steam 
generating unit is not a temporary boiler if any one of the following 
conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The steam generating unit or a replacement remains at a location 
for more than 180 consecutive days. Any temporary boiler that replaces a 
temporary boiler at a location and performs the same or similar function 
will be included in calculating the consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another in an 
attempt to circumvent the residence time requirements of this 
definition.
    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 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

[[Page 189]]

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; 77 
FR 9459, Feb. 16, 2012]



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 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).


[[Page 190]]


    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 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

[[Page 191]]

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 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

[[Page 192]]

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.
    (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 
combusts 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-

[[Page 193]]

minute period per hour of not more than 27 percent opacity. An owner or 
operator of an affected facility that elects to install, calibrate, 
maintain, and operate a continuous emissions monitoring system (CEMS) 
for measuring PM emissions according to the requirements of this subpart 
and is subject to a federally enforceable PM limit of 0.030 lb/MMBtu or 
less is 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.
    (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

[[Page 194]]

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; 77 
FR 9459, Feb. 16, 2012]



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

    (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 only 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 (d) 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 coal or oil,

[[Page 195]]

natural gas (or any combination of the three), and wood, 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, 
oil, natural gas (or any combination of the three), combusted in the 
affected facility, as determined pursuant to paragraph (a) or (b) of 
this section. This standard does not apply to an affected facility that 
is subject to and in compliance with 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, natural gas (or any 
combination of the three).
    (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 and/or distillate oil with a 
potential SO2 emissions rate of 26 ng/J (0.060 lb/MMBtu) or 
less 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, distillate oil, or a mixture of 
these fuels 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, distillate oil, or a mixture of these fuels.
    (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 only 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:
    (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

[[Page 196]]

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 (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 60.8, whichever date is 
first, no owner or operator of an affected facility that commenced 
construction after July 9,

[[Page 197]]

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) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts coal, oil, or natural gas (or any combination of the three), 
alone or with any other fuels. The affected facility is not subject to 
this limit if it is subject to and in compliance with 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 any combination of the three); 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; 77 
FR 9459, Feb. 16, 2012]



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;

[[Page 198]]

%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

    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

[[Page 199]]

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 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

[[Page 200]]

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.
    (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

[[Page 201]]

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.
    (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 or Method 320 of appendix 
A of part 63 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

[[Page 202]]

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, 
or 7E of appendix A of this part, Method 320 of appendix A of part 63 of 
this chapter, or other approved reference methods; and
    (2) Conduct subsequent performance tests once per calendar year or 
every 400 hours of operation (whichever 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, or 7E of appendix A of 
this part, Method 320 of appendix A of part 63, 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.

[[Page 203]]

    (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. 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) As of January 1, 2012, and within 90 days after the date of 
completing each performance test, as defined in Sec. 60.8, 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.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9460, Feb. 16, 2012; 79 FR 11249, Feb. 27, 
2014]



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:

[[Page 204]]

    (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 
sampling location for Method 6B of appendix A of this part. 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 or Method 320 of 
appendix A of part 63 of this chapter 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.
    (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.

[[Page 205]]

    (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 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

[[Page 206]]

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; 79 
FR 11249, Feb. 27, 2014]



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 systems (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), (5), or (6) 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 
within 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 or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later;
    (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 or within 45 days of the next day that fuel with an 
opacity standard is combusted, whichever is later;
    (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 within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; 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

[[Page 207]]

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 10 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 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.

[[Page 208]]

 
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), (4), (5), (6), or (7) 
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.

[[Page 209]]

    (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 current requirements in section Sec. 60.48Da of this part; or
    (6) The affected facility uses an ESP as the primary PM control 
device and uses an ESP predictive model to monitor the performance of 
the ESP developed in accordance and operated according to the most 
current requirements in section Sec. 60.48Da of this part; or
    (7) 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 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.
    (l) An owner or operator of an affected facility that is subject to 
an opacity standard under Sec. 60.43b(f) is not required to operate a 
COMS provided that the unit burns only gaseous fuels and/or liquid fuels 
(excluding residue oil) with a potential SO2 emissions rate 
no greater than 26 ng/J (0.060 lb/MMBtu), and the unit 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. For testing performed as part of 
this site-specific monitoring plan, the

[[Page 210]]

permitting authority may require as an alternative to the notification 
and reporting requirements specified in Sec. Sec. 60.8 and 60.11 that 
the owner or operator submit any deviations with the excess emissions 
report required under Sec. 60.49b(h).

[72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9460, Feb. 16, 2012]



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. 60.42b(d)(1), Sec. 60.43b(a)(2), (a)(3)(iii), (c)(2)(ii), 
(d)(2)(iii), Sec. 60.44b(c), (d), (e), (i), (j), (k), Sec. 60.45b(d), 
(g), Sec. 60.46b(h), or Sec. 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 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

[[Page 211]]

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. 60.46b(e)(4), Sec. 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 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

[[Page 212]]

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 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

[[Page 213]]

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 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;

[[Page 214]]

    (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 (such as a current, valid purchase contract, tariff sheet, or 
transportation contract) 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 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

[[Page 215]]

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, 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)

[[Page 216]]

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.
    (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.

[[Page 217]]

    (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; 77 
FR 9461, Feb. 16, 2012]



  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/h)) or less, but greater than or equal to 
2.9 MW (10 MMBtu/h).
    (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) Affected facilities (i.e. heat recovery steam generators and 
fuel heaters) that are associated with stationary combustion turbines 
and 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, fuel heaters, and other affected 
facilities that are capable of combusting more than or equal to 2.9 MW 
(10 MMBtu/h) heat input of fossil fuel but less than or equal to 29 MW 
(100 MMBtu/h) heat input of fossil

[[Page 218]]

fuel. If the heat recovery steam generator, fuel heater, or other 
affected facility is subject to this subpart, only emissions resulting 
from combustion of fuels in the steam generating unit are subject to 
this subpart. (The stationary combustion turbine emissions are subject 
to subpart GG or KKKK, as applicable, of this part.)
    (f) Any affected facility that meets the applicability requirements 
of and is subject to subpart AAAA or subpart CCCC of this part is not 
subject to this subpart.
    (g) Any facility that meets the applicability requirements and is 
subject to an EPA approved State or Federal section 111(d)/129 plan 
implementing subpart BBBB of this part is not subject to this subpart.
    (h) Affected facilities that also meet the applicability 
requirements under subpart J or subpart Ja of this part are subject to 
the PM and NOX standards under this subpart and the 
SO2 standards under subpart J or subpart Ja of this part, as 
applicable.
    (i) Temporary boilers are not subject to this subpart.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 
FR 9461, Feb. 16, 2012]



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.
    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), 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), kerosine, as defined by the

[[Page 219]]

American Society of Testing and Materials in ASTM D3699 (incorporated by 
reference, see Sec. 60.17), biodiesel as defined by the American 
Society of Testing and Materials in ASTM D6751 (incorporated by 
reference, see Sec. 60.17), or biodiesel blends as defined by the 
American Society of Testing and Materials in ASTM D7467 (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 
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.

[[Page 220]]

    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, 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.
    Temporary boiler means a steam generating unit that combusts natural 
gas or distillate oil with a potential SO2 emissions rate no 
greater than 26 ng/J (0.060 lb/MMBtu), and the unit is designed to, and 
is capable of, being carried or moved from one location to another by 
means of, for example, wheels, skids, carrying handles, dollies, 
trailers, or platforms. A steam generating unit is not a temporary 
boiler if any one of the following conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The steam generating unit or a replacement remains at a location 
for more than 180 consecutive days. Any temporary boiler that replaces a 
temporary boiler at a location and performs the same or similar function 
will be included in calculating the consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another in an 
attempt to circumvent the residence time requirements of this 
definition.
    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; 77 
FR 9461, Feb. 16, 2012]



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

[[Page 221]]

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:
    (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/h) 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; or
    (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 from oil; or, as an alternative, no owner or 
operator of an affected facility that combusts

[[Page 222]]

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/h); 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).

    (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), 
(3), or (4) 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 affected facilities with heat input capacities 
between 2.9 and 8.7 MW (10 and 30 MMBtu/h).
    (4) Other fuels-fired affected facilities with heat input capacities 
between 2.9 and 8.7 MW (10 and 30 MMBtu/h).
    (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; 77 
FR 9462, Feb. 16, 2012]

[[Page 223]]



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/h) 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/h) 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 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 combusts 
coal, wood, or oil and has a heat input capacity of 8.7 MW (30 MMBtu/h) 
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 (c).
    (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/h) 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

[[Page 224]]

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/h) 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) 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; 77 
FR 9462, Feb. 16, 2012]



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), 
(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:

[[Page 225]]

[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.

    (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

[[Page 226]]

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 
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.

[[Page 227]]

    (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.
    (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.

[[Page 228]]

    (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) As of January 1, 2012, and within 90 days after the date of 
completing each performance test, as defined in Sec. 60.8, 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.
    (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 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/h).

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9463, Feb. 16, 2012]



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

[[Page 229]]

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 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

[[Page 230]]

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), and (f) 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 within 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 or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later;
    (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 or within 45 days of the next day that fuel with an 
opacity standard is combusted, whichever is later;
    (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 within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; 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-

[[Page 231]]

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 10 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) 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/

[[Page 232]]

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 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) An owner or operator of an affected facility that is subject to 
an opacity standard in Sec. 60.43c(c) is not required to operate a COMS 
provided that the affected facility meets the conditions in either 
paragraphs (f)(1), (2), or (3) of this section.
    (1) The affected facility uses a fabric filter (baghouse) as the 
primary PM control device and, the owner or operator operates a bag leak 
detection system to monitor the performance of the fabric filter 
according to the requirements in section Sec. 60.48Da of this part.
    (2) The affected facility uses an ESP as the primary PM control 
device, and the owner or operator uses an ESP predictive model to 
monitor the performance of the ESP developed in accordance and operated 
according to the requirements in section Sec. 60.48Da of this part.
    (3) The affected facility burns only gaseous fuels and/or fuel oils 
that contain no greater than 0.5 weight percent sulfur, and the owner or 
operator operates the unit according to a written site-specific 
monitoring plan approved by the permitting authority. 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. For testing performed as part of 
this site-specific monitoring plan, the permitting authority may require 
as an alternative to the notification and reporting requirements 
specified in Sec. Sec. 60.8 and 60.11 that the owner or operator submit 
any deviations with the excess emissions report required under Sec. 
60.48c(c).

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9463, Feb. 16, 2012]

[[Page 233]]



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;
    (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.

[[Page 234]]

    (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 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:

[[Page 235]]

    (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 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.

[[Page 236]]

    (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 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

[[Page 237]]

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:
    (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.

[[Page 238]]

    (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 
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

[[Page 239]]

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.
    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

[[Page 240]]

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 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

[[Page 241]]

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 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

[[Page 242]]

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 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]

[[Page 243]]



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).

    (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

[[Page 244]]

shift supervisor of an affected facility 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.
    (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.

[[Page 245]]

    (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:
    (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

[[Page 246]]

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 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.

[[Page 247]]

    (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 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).

[[Page 248]]

    (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.
    (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

[[Page 249]]

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 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

[[Page 250]]

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, 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

[[Page 251]]

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.
    (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]

[[Page 252]]



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.
    (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

[[Page 253]]

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 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

[[Page 254]]

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 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

[[Page 255]]

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 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

[[Page 256]]

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.
    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

[[Page 257]]

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 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

[[Page 258]]

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 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.

[[Page 259]]

    (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 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

[[Page 260]]

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
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/

[[Page 261]]

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 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

[[Page 262]]

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.
    (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;

[[Page 263]]

    (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 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.

[[Page 264]]

    (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.
    (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

[[Page 265]]

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.
    (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

[[Page 266]]

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.
    (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).

[[Page 267]]

    (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 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.

[[Page 268]]

    (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 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.

[[Page 269]]

    (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).
    (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

[[Page 270]]

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 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

[[Page 271]]

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 
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.

[[Page 272]]

    (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 (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).


[[Page 273]]


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.
    (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

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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.
    (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

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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.
    (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.

[[Page 276]]

    (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 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.

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    (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 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

[[Page 278]]

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 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

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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 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

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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 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

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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]
    (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

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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.
    (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

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(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.
    (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

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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 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

[[Page 285]]

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.
    (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

[[Page 286]]

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 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

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(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 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.

[[Page 288]]

    (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 
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

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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) 
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,

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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 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

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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 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.

[[Page 292]]

    (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, 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

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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 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

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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 New Stationary Sources: 
             Hospital/Medical/Infectious Waste Incinerators

    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
    (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

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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 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

[[Page 296]]

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.
    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

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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 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

[[Page 298]]

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 
are 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 or cremation; 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 included 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 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.

[[Page 299]]

    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 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.

[[Page 300]]

    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; 
79 FR 11249, Feb. 27, 2014]



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, 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

[[Page 301]]

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:
    (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

[[Page 302]]

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.
    (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

[[Page 303]]

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
%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

[[Page 304]]

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, 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).

[[Page 305]]

    (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 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.

[[Page 306]]

    (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. 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 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.

[[Page 307]]

    (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:
    (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

[[Page 308]]

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.
    (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

[[Page 309]]

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; 78 FR 28066, May 13, 2013]



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 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

[[Page 310]]

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.
    (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:

[[Page 311]]

    (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, 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

[[Page 312]]

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 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.

[[Page 313]]

    (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)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                                                     ------------------------------------------------------------                         Method for
            Pollutant              Units (7 percent                           HMIWI size                          Averaging time \1\     demonstrating
                                  oxygen, dry basis) ------------------------------------------------------------                       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.

[[Page 314]]

 
Sulfur dioxide..................  Parts per million   55................  55................  55................  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 6 or 6C of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               part 60.
Nitrogen oxides.................  Parts per million   250...............  250...............  250...............  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 7 or 7E of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               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).


[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)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                                                     ------------------------------------------------------------                         Method for
            Pollutant              Units (7 percent                           HMIWI size                          Averaging time \1\     demonstrating
                                  oxygen, dry basis) ------------------------------------------------------------                       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.

[[Page 315]]

 
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 of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               part 60.
Nitrogen oxides.................  Parts per million   67................  67................  140...............  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 7 or 7E of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               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).


[74 FR 51414, Oct. 6, 2009, as amended at 76 FR 18414, Apr. 4, 2011]



    Sec. Table 2 to Subpart Ec 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 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]

[[Page 316]]

 
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]
--------------------------------------------------------------------------------------------------------------------------------------------------------



      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.
    (e) Excess emissions means, with respect to this subpart, results of 
any required measurements outside the applicable range (e.g., emissions 
limitations, parametric operating limits) that is permitted by this 
subpart. The values of measurements will be in the same units and 
averaging time as the values specified in this subpart for the 
limitations.
    (f) Operating day means a 24-hour period beginning at 12:00 midnight 
during which the kiln operates at any time. For calculating rolling 30-
day average

[[Page 317]]

emissions, an operating day does not include the hours of operation 
during startup or shutdown.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20793, June 13, 1974; 
53 FR 50363, Dec. 14, 1988; 78 FR 10032, Feb. 12, 2013]



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) [Reserved]
    (ii) 0.02 pound per ton of clinker if construction or reconstruction 
of the kiln commenced after June 16, 2008.
    (iii) Kilns that have undergone a modification may not discharge 
into the atmosphere any gases which contain PM in excess of 0.07 pound 
per ton of clinker.
    (2) [Reserved]
    (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 may not discharge into the 
atmosphere from any clinker cooler any gases which:
    (1) Contain PM in excess of:
    (i) 0.02 pound per ton of clinker if construction or reconstruction 
of the clinker cooler commences after June 16, 2008.
    (ii) 0.07 pound per ton of clinker if the clinker cooler has 
undergone a modification.
    (2) 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.
    (3) If the kiln has a separated alkali bypass stack and/or an inline 
coal mill with a separate stack, you must combine the PM emissions from 
the bypass stack and/or the inline coal mill 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 emissions limit or requirement for the same pollutant under 
another regulation in title 40 of this chapter, you must comply with the 
most stringent emissions limit or requirement and are not subject to the 
less stringent requirement.

[75 FR 55034, Sept. 9, 2010, as amended at 78 FR 10032, Feb. 12, 2013]



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 or

[[Page 318]]

    (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 rates 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.
    (iii) For each kiln operating hour for which you do not have data on 
clinker production or the amount of feed to the kiln, use the value from 
the most recent previous hour for which valid data are available.
    (2) Determine, record, and maintain a record of the accuracy of the 
system of measuring hourly clinker production rates or feed rates before 
initial use (for new sources) or by the effective compliance 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 production 
rates or feed rates.
    (3) If you measure clinker production directly, record the daily 
clinker production rates; if you measure the kiln feed rates and 
calculate clinker production, record the daily kiln feed and clinker 
production rates.
    (c) PM Emissions Monitoring Requirements. (1) For each kiln or 
clinker cooler subject to a PM emissions limit in Sec. 60.62, you must 
demonstrate compliance through an initial performance test. You will 
conduct your performance test using Method 5 or Method 5I at appendix A-
3 to part 60 of this chapter. You must also monitor continuous 
performance through use of a PM continuous parametric monitoring system 
(PM CPMS).
    (2) For your PM CPMS, you will establish a site-specific operating 
limit. If your PM performance test demonstrates your PM emission levels 
to be below 75 percent of your emission limit you will use the average 
PM CPMS value recorded during the PM compliance test, the milliamp 
equivalent of zero output from your PM CPMS, and the average PM result 
of your compliance test to establish your operating limit equivalent to 
75 percent of the standard. If your PM compliance test demonstrates your 
PM emission levels to be at or above 75 percent of your emission limit 
you will use the average PM CPMS value recorded during the PM compliance 
test demonstrating compliance with the PM limit to establish your 
operating limit. You will use the PM CPMS to demonstrate continuous 
compliance with your operating limit. You must repeat the performance 
test annually and reassess and adjust the site-specific operating limit 
in accordance with the results of the performance test.
    (i) Your PM CPMS must provide a 4-20 milliamp output and the 
establishment of its relationship to manual reference method 
measurements must be determined in units of milliamps.
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to two times your 
allowable emission limit. If your PM CPMS is an auto-ranging instrument 
capable of multiple scales, the primary range of the instrument must be 
capable of reading PM concentration from zero to a level equivalent to 
two times your allowable emission limit.
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values from the PM CPMS for the periods 
corresponding to the compliance test runs (e.g., average all your PM 
CPMS output values for three corresponding 2-hour Method 5I test runs).
    (3) Determine your operating limit as specified in paragraphs 
(c)(4)(i) through (c)(5) of this section. If your PM performance test 
demonstrates your PM emission levels to be below 75 percent of your 
emission limit you will use the average PM CPMS value recorded during 
the PM compliance test, the milliamp equivalent of zero output from your 
PM CPMS, and the average

[[Page 319]]

PM result of your compliance test to establish your operating limit. If 
your PM compliance test demonstrates your PM emission levels to be at or 
above 75 percent of your emission limit you will use the average PM CPMS 
value recorded during the PM compliance test to establish your operating 
limit. You must verify an existing or establish a new operating limit 
after each repeated performance test. You must repeat the performance 
test at least annually and reassess and adjust the site-specific 
operating limit in accordance with the results of the performance test.
    (4) If the average of your three Method 5 or 5I compliance test runs 
are below 75 percent of your PM emission limit, you must calculate an 
operating limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
values corresponding to the three compliance test runs, and the average 
PM concentration from the Method 5 or 5I compliance test with the 
procedures in (c)(4)(i)(A) through (D) of this section.
    (i) Determine your PM CPMS instrument zero output with one of the 
following procedures.
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (B) Zero point data for extractive instruments should be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (C) The zero point can also can be obtained by performing manual 
reference method measurements when the flue gas is free of PM emissions 
or contains very low PM concentrations (e.g., when your process is not 
operating, but the fans are operating or your source is combusting only 
natural gas) and plotting these with the compliance data to find the 
zero intercept.
    (D) If none of the steps in paragraphs (c)(4)(i)(A) through (C) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, and the 
average of your corresponding three PM compliance test runs, using 
equation 1.
[GRAPHIC] [TIFF OMITTED] TR12FE13.000

Where:

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

    (iii) With your PM CPMS instrument zero expressed in milliamps, your 
three run average PM CPMS milliamp value, and your three run average PM 
concentration from your three PM performance test runs, determine a 
relationship of lb/ton-clinker per milliamp with equation 2.
[GRAPHIC] [TIFF OMITTED] TR12FE13.001

Where:

R = The relative lb/ton clinker per milliamp for your PM CPMS.

[[Page 320]]

Y1 = The three run average PM lb/ton clinker.
X1 = The three run average milliamp output from you PM CPMS.
z = the milliamp equivalent of your instrument zero determined from 
          (c)(4)(i) of this section.

    (iv) Determine your source specific 30-day rolling average operating 
limit using the lb/ton-clinker per milliamp value from Equation 2 above 
in Equation 3, below. This sets your operating limit at the PM CPMS 
output value corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR12FE13.002

Where:

Ol = The operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps.
L = Your source emission limit expressed in lb/ton clinker.
z = Your instrument zero in milliamps, determined from (1)(i).
R = The relative lb/ton-clinker per milliamp for your PM CPMS, from 
          Equation 2.

    (5) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp output corresponding 
to your three PM performance test runs that demonstrate compliance with 
the emission limit using Equation 4.
[GRAPHIC] [TIFF OMITTED] TR12FE13.003

Where:

X1 = The PM CPMS data points for all runs i.
n = The number of data points.
Oh = Your site specific operating limit, in milliamps.

    (6) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating, and use all 
the PM CPMS data for calculations when the source is not out-of-control. 
You must demonstrate continuous compliance by using all quality-assured 
hourly average data collected by the PM CPMS for all operating hours to 
calculate the arithmetic average operating parameter in units of the 
operating limit (milliamps) on a 30 operating day rolling average basis, 
updated at the end of each new kiln operating day. Use Equation 5 to 
determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR12FE13.004

Where:

Hpvi = The hourly parameter value for hour i.
n = The number of valid hourly parameter values collected over 30 kiln 
          operating days.

    (7) Use EPA Method 5 or Method 5I of appendix A to part 60 of this 
chapter to determine PM emissions. For each performance test, conduct at 
least three separate runs under the conditions

[[Page 321]]

that exist when the affected source is operating at the highest load or 
capacity level reasonably expected to occur. Conduct each test run to 
collect a minimum sample volume of 2 dscm for determining compliance 
with a new source limit and 1 dscm for determining compliance with an 
existing source limit. Calculate the average of the results from three 
consecutive runs to determine compliance. You need not determine the 
particulate matter collected in the impingers (``back half'') of the 
Method 5 or Method 5I particulate sampling train to demonstrate 
compliance with the PM standards of this subpart. This shall not 
preclude the permitting authority from requiring a determination of the 
''back half'' for other purposes.
    (8) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
value equivalent to the instrument zero output, technique by which this 
zero value was determined, and the average milliamp signals 
corresponding to each PM compliance test run.
    (d) You must install, operate, calibrate, and maintain a CEMS 
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 commingled alkali bypass gases.
    (e) You must install, operate, calibrate, and maintain a CEMS 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 emissions limit, you must also continuously monitor and record 
the concentration by volume of SO2 present at the wet 
scrubber inlet.
    (f) The NOX and SO2 CEMS required under 
paragraphs (d) and (e) of this section must be installed, operated and 
maintained according to Performance Specification 2 of appendix B of 
this part and the requirements in paragraphs (f)(1) through (5) of this 
section.
    (1) The span value of each NOX CEMS monitor must be set 
at 125 percent of the maximum estimated hourly potential NOX 
emission concentration that translates to the applicable emissions limit 
at full clinker production capacity.
    (2) You must conduct performance evaluations of each NOX 
CEMS monitor according to the requirements in Sec. 60.13(c) and 
Performance Specification 2 of appendix B to this part. You must use 
Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 to this part 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 Method 7 or 7C of appendix A-4 to 
this part.
    (3) The span value for the SO2 CEMS monitor is the 
SO2 emission concentration that corresponds to 125 percent of 
the applicable emissions limit at full clinker production capacity and 
the expected maximum fuel sulfur content.
    (4) You must conduct performance evaluations of each SO2 
CEMS monitor according to the requirements in Sec. 60.13(c) and 
Performance Specification 2 of appendix B to this part. You must use 
Methods 6, 6A, or 6C of appendix A-4 to this part 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 Method 6 or 6A of appendix A-4 to this 
part.
    (5) You must comply with the quality assurance requirements in 
Procedure 1 of appendix F to this part for each NOX and 
SO2 CEMS, including quarterly accuracy determinations for 
monitors, and daily calibration drift tests.
    (g) For each CPMS or CEMS required under paragraphs (c) through (e) 
of this section:
    (1) You must operate the monitoring system and collect data at all 
required

[[Page 322]]

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 reporting emissions or 
operating levels.
    (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 stack gas flow rate to 
allow determination of the pollutant mass emissions rate to the 
atmosphere for each kiln subject to the PM emissions limits in Sec. 
60.62(a)(1)(ii) and (iii) and (b)(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), where appropriate, 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 and/or SO2 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 measure a 
minimum of one cycle of operational flow for each successive 15-minute 
period.
    (7) The flow rate sensor must be able 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 this part 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 this part, with the exceptions noted in 
paragraphs (h)(8)(i) and (ii) of this section.
    (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 least once per year by repeating the relative accuracy test specified 
in paragraph (h)(8) of this section.

[[Page 323]]

    (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. To 
demonstrate compliance with any applicable emissions limit through 
performance stack testing or other emissions monitoring (including PM 
CPMS), 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 Sec. 60.13(3)(i). If you 
use a bag leak detector system (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 30 days before the 
initial performance evaluation of your CMS.
    (i) Installation of the CMS 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, as amended at 78 FR 10032, Feb. 12, 2013]



Sec. 60.64  Test methods and procedures.

    (a) In conducting the performance tests and relative accuracy 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)(1)You must demonstrate compliance with the PM standards in Sec. 
60.62 using EPA method 5 or method 5I.
    (2) Use Method 9 and the procedures in Sec. 60.11 to determine 
opacity.
    (3) Any sources other than kilns (including associated alkali bypass 
and clinker cooler) that are subject to the 10 percent opacity limit 
must follow the appropriate monitoring procedures in Sec. 63.1350(f), 
(m)(1)through (4), (10) and (11), (o), and (p) of this chapter.
    (c) Calculate and record the rolling 30 kiln operating day average 
emission rate daily of NOX and SO2 according to 
the procedures in paragraphs (c)(1) and (2) of this section.
    (1) Calculate the rolling 30 kiln operating day average emissions 
according to equation 6:

[[Page 324]]

[GRAPHIC] [TIFF OMITTED] TR12FE13.005

Where:

E30D = 30 kiln operating day average emission rate of 
          NOX or SO2, lb/ton of clinker.
Ci = Concentration of NOX or SO2 for 
          hour i, ppm.
Qi = Volumetric flow rate of effluent gas for hour i, where
Ci and Qi are on the same basis (either wet or 
          dry), scf/hr.
P = 30 days of clinker production during the same time period as the 
          NOX or SO2 emissions measured, tons.
k = Conversion factor, 1.194 x 10-7 for NOX and 
          1.660 x 10-7 for SO2, lb/scf/ppm.
n = Number of kiln operating hours over 30 kiln operating days.

    (2) For each kiln operating hour for which you do not have at least 
one valid 15-minute CEMS data value, use the average emissions rate (lb/
hr) from the most recent previous hour for which valid data are 
available.
    (d)(1) Within 60 days after the date of completing each performance 
test (see Sec. 60.8) as required by this subpart you must submit the 
results of the performance tests conducted to demonstrate compliance 
under this subpart to the EPA's WebFIRE database by using the Compliance 
and Emissions Data Reporting Interface (CEDRI) that is accessed through 
the EPA's Central Data Exchange (CDX) (http://www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of the EPA's Electronic Reporting Tool (ERT) (see http://
www.epa.gov/ttn/chief/ert/index.html). Only data collected using test 
methods on the ERT Web site are subject to this requirement for 
submitting reports electronically to WebFIRE. Owners or operators who 
claim that some of the information being submitted for performance tests 
is confidential business information (CBI) must submit a complete ERT 
file including information claimed to be CBI on a compact disk, flash 
drive or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI 
omitted must be submitted to the EPA via CDX as described earlier in 
this paragraph. At the discretion of the delegated authority, you must 
also submit these reports, including the CBI, to the delegated authority 
in the format specified by the delegated authority. For any performance 
test conducted using test methods that are not listed on the ERT Web 
site, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 63.13.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec. 63.2, you must submit 
relative accuracy test audit (RATA) data to the EPA's CDX by using CEDRI 
in accordance with paragraph (d)(1) of this section. Only RATA 
pollutants that can be documented with the ERT (as listed on the ERT Web 
site) are subject to this requirement. For any performance evaluations 
with no corresponding RATA pollutants listed on the ERT Web site, you 
must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec. 63.13.
    (3) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
value equivalent to the instrument zero output, technique by which this 
zero value was determined, and the average milliamp signals 
corresponding to each PM compliance test run.
    (4) All reports required by this subpart not subject to the 
requirements in paragraphs (d)(1) and (2) of this section

[[Page 325]]

must be sent to the Administrator at the appropriate address listed in 
Sec. 63.13. The Administrator or the delegated authority may request a 
report in any form suitable for the specific case (e.g., by commonly 
used electronic media such as Excel spreadsheet, on CD or hard copy). 
The Administrator retains the right to require submittal of reports 
subject to paragraph (d)(1) and (2) of this section in paper format.

[78 FR 10035, Feb. 12, 2013]



Sec. 60.65  Recordkeeping and reporting requirements.

    (a) Each owner or operator required to install a CPMS or CEMS under 
sections Sec. 60.63(c) through (e) shall submit reports of excess 
emissions. 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 of facilities subject to the provisions 
of Sec. 60.63(c) through (e) 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.
    (c) 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, 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.

[78 FR 10035, Feb. 12, 2013]



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, and on or before 
October 14, 2011 is subject to the requirements of this subpart. Any 
facility that commences construction or modification after October 14, 
2011 is subject to subpart Ga of this part.

[42 FR 37936, July 25, 1977, as amended at 77 FR 48445, Aug. 14, 2012]



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.

[[Page 326]]



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 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).

[[Page 327]]

    (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 Ga_Standards of Performance for Nitric Acid Plants for Which 
 Construction, Reconstruction, or Modification Commenced After October 
                                14, 2011

    Source: 77 FR 48445, Aug. 14, 2012, unless otherwise noted.



Sec. 60.70a  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) This subpart applies to any nitric acid production unit that 
commences construction or modification after October 14, 2011.



Sec. 60.71a  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.
    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.
    Monitoring system malfunction means a 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 implement 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.
    Nitric acid production unit means any facility producing weak nitric 
acid by either the pressure or atmospheric pressure process.
    Operating day means a 24-hour period beginning at 12:00 a.m. during 
which the nitric acid production unit operated at any time during this 
period.
    Weak nitric acid means acid which is 30 to 70 percent in strength.



Sec. 60.72a  Standards.

    Nitrogen oxides. On and after the date on which the performance test 
required to be conducted by Sec. 60.73a(e) is completed, you may not 
discharge into the atmosphere from any affected facility any gases which 
contain NOX, expressed as NO2, in excess of 0.50 
pounds (lb) per ton of nitric acid produced, as a 30-day emission rate 
calculated based on 30 consecutive operating days, the production being 
expressed as 100 percent nitric acid. The emission standard applies at 
all times.



Sec. 60.73a  Emissions testing and monitoring.

    (a) General emissions monitoring requirements. You must install and 
operate a NOX concentration (ppmv) continuous emissions 
monitoring system (CEMS). You must also install and operate a stack gas 
flow rate monitoring system. With measurements of stack gas 
NOX concentration and stack gas flow rate, you will determine 
hourly NOX emissions rate (e.g., lb/hr) and with measured 
data of the hourly nitric acid production (tons), calculate emissions in 
units of the applicable emissions limit (lb/ton of 100 percent acid 
produced). You must operate the

[[Page 328]]

monitoring system and report emissions during all operating periods 
including unit startup and shutdown, and malfunction.
    (b) Nitrogen oxides concentration continuous emissions monitoring 
system. (1) You must install, calibrate, maintain, and operate a CEMS 
for measuring and recording the concentration of NOX 
emissions in accordance with the provisions of Sec. 60.13 and 
Performance Specification 2 of appendix B and Procedure 1 of appendix F 
of this part. You must use cylinder gas audits to fulfill the quarterly 
auditing requirement at section 5.1 of Procedure 1 of appendix F of this 
part for the NOX concentration CEMS.
    (2) For the NOX concentration CEMS, use a span value, as 
defined in Performance Specification 2, section 3.11, of appendix B of 
this part, of 500 ppmv (as NO2). If you emit NOX 
at concentrations higher than 600 ppmv (e.g., during startup or shutdown 
periods), you must apply a second CEMS or dual range CEMS and a second 
span value equal to 125 percent of the maximum estimated NOX 
emission concentration to apply to the second CEMS or to the higher of 
the dual analyzer ranges during such periods.
    (3) For conducting the relative accuracy test audits, per 
Performance Specification 2, section 8.4, of appendix B of this part and 
Procedure 1, section 5.1.1, of appendix F of this part, use either EPA 
Reference Method 7, 7A, 7C, 7D, or 7E of Appendix A-4 of this part; EPA 
Reference Method 320 of appendix A of part 63 of this chapter; or ASTM 
D6348-03 (incorporated by reference, see Sec. 60.17). To verify the 
operation of the second CEMS or the higher range of a dual analyzer CEMS 
described in paragraph (b)(2) of this section, you need not conduct a 
relative accuracy test audit but only the calibration drift test 
initially (found in Performance Specification 2, section 8.3.1, of 
appendix B of this part) and the cylinder gas audit thereafter (found in 
Procedure 1, section 5.1.2, of appendix F of this part).
    (4) If you use EPA Reference Method 7E of appendix A-4 of this part, 
you must mitigate loss of NO2 in water according to the 
requirements in paragraphs (b)(4)(i), (ii), or (iii) of this section and 
verify performance by conducting the system bias checks required in EPA 
Reference Method 7E, section 8, of appendix A-4 of this part according 
to (b)(4)(iv) of this section, or follow the dynamic spike procedure 
according to paragraph (b)(4)(v) of this section.
    (i) For a wet-basis measurement system, you must measure and report 
temperature of sample line and components (up to analyzer inlet) to 
demonstrate that the temperatures remain above the sample gas dew point 
at all times during the sampling.
    (ii) You may use a dilution probe to reduce the dew point of the 
sample gas.
    (iii) You may use a refrigerated-type condenser or similar device 
(e.g., permeation dryer) to remove condensate continuously from sample 
gas while maintaining minimal contact between condensate and sample gas.
    (iv) If your analyzer measures nitric oxide (NO) and nitrogen 
dioxide (NO2) separately, you must use both NO and 
NO2 calibration gases. Otherwise, you must substitute 
NO2 calibration gas for NO calibration gas in the performance 
of system bias checks.
    (v) You must conduct dynamic spiking according to EPA Reference 
Method 7E, section 16.1, of appendix A-4 of this part using 
NO2 as the spike gas.
    (5) Instead of a NOX concentration CEMS meeting 
Performance Specification 2, you may apply an FTIR CEMS meeting the 
requirements of Performance Specification 15 of appendix B of this part 
to measure NOX concentrations. Should you use an FTIR CEMS, 
you must replace the Relative Accuracy Test Audit requirements of 
Procedure 1 of appendix F of this part with the validation requirements 
and criteria of Performance Specification 15, sections 11.1.1 and 12.0, 
of appendix B of this part.
    (c) Determining NOX mass emissions rate values. You must use the 
NOX concentration CEMS, acid production, gas flow rate 
monitor and other monitoring data to calculate emissions data in units 
of the applicable limit (lb NOX/ton of acid produced 
expressed as 100 percent nitric acid).
    (1) You must install, calibrate, maintain, and operate a CEMS for 
measuring and recording the stack gas flow rates to use in combination 
with data

[[Page 329]]

from the CEMS for measuring emissions concentrations of NOX 
to produce data in units of mass rate (e.g., lb/hr) of NOX on 
an hourly basis. You will operate and certify the continuous emissions 
rate monitoring system (CERMS) in accordance with the provisions of 
Sec. 60.13 and Performance Specification 6 of appendix B of this part. 
You must comply with the following provisions in (c)(1)(i) through (iii) 
of this section.
    (i) You must use a stack gas flow rate sensor with a full scale 
output of at least 125 percent of the maximum expected exhaust 
volumetric flow rate (see Performance Specification 6, section 8, of 
appendix B of this part).
    (ii) For conducting the relative accuracy test audits, per 
Performance Specification 6, section 8.2 of appendix B of this part and 
Procedure 1, section 5.1.1, of appendix F of this part, you must use 
either EPA Reference Method 2, 2F, or 2G of appendix A-4 of this part. 
You may also apply Method 2H in conjunction with other velocity 
measurements.
    (iii) You must verify that the CERMS complies with the quality 
assurance requirements in Procedure 1 of appendix F of this part. You 
must conduct relative accuracy testing to provide for calculating the 
relative accuracy for RATA and RAA determinations in units of lb/hour.
    (2) You must determine the nitric acid production parameters 
(production rate and concentration) by installing, calibrating, 
maintaining, and operating a permanent monitoring system (e.g., weigh 
scale, volume flow meter, mass flow meter, tank volume) to measure and 
record the weight rates of nitric acid produced in tons per hour. If 
your nitric acid production rate measurements are for periods longer 
than hourly (e.g., daily values), you will determine average hourly 
production values, tons acid/hr, by dividing the total acid production 
by the number of hours of process operation for the subject measurement 
period. You must comply with the following provisions in (c)(2)(i) 
through (iv) of this section.
    (i) You must verify that each component of the monitoring system has 
an accuracy and precision of no more than 5 
percent of full scale.
    (ii) You must analyze product concentration via titration or by 
determining the temperature and specific gravity of the nitric acid. You 
may also use ASTM E1584-11 (incorporated by reference, see Sec. 60.17), 
for determining the concentration of nitric acid in percent. You must 
determine product concentration daily.
    (iii) You must use the acid concentration to express the nitric acid 
production as 100 percent nitric acid.
    (iv) You must record the nitric acid production, expressed as 100 
percent nitric acid, and the hours of operation.
    (3) You must calculate hourly NOX emissions rates in 
units of the standard (lb/ton acid) for each hour of process operation. 
For process operating periods for which there is little or no acid 
production (e.g., startup or shutdown), you must use the average hourly 
acid production rate determined from the data collected over the 
previous 30 days of normal acid production periods (see Sec. 60.75a).
    (d) Continuous monitoring system. For each continuous monitoring 
system, including NOX concentration measurement, volumetric 
flow rate measurement, and nitric acid production measurement equipment, 
you must meet the requirements in paragraphs (d)(1) through (3) of this 
section.
    (1) You must operate the monitoring system and collect data at all 
required intervals at all times the affected facility is operating 
except for periods of monitoring system malfunctions or out-of-control 
periods as defined in appendix F, sections 4 and 5, of this part, 
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.
    (2) 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 calculating emissions 
and the status

[[Page 330]]

of compliance with the applicable emissions limit in accordance with 
Sec. 60.72a(a).
    (e) Initial performance testing. You must conduct an initial 
performance test to demonstrate compliance with the NOX 
emissions limit under Sec. 60.72a(a) beginning in the calendar month 
following initial certification of the NOX and flow rate 
monitoring CEMS. The initial performance test consists of collection of 
hourly NOX average concentration, mass flow rate recorded 
with the certified NOX concentration and flow rate CEMS and 
the corresponding acid generation (tons) data for all of the hours of 
operation for the first 30 days beginning on the first day of the first 
month following completion of the CEMS installation and certification as 
described above. You must assure that the CERMS meets all of the data 
quality assurance requirements as per Sec. 60.13 and appendix F, 
Procedure 1, of this part and you must use the data from the CERMS for 
this compliance determination.



Sec. 60.74a  Affirmative defense for violations of emission 
standards during malfunction.

    In response to an action to enforce the standards set forth in Sec. 
60.72a, you may assert an affirmative defense to a claim for civil 
penalties for violations 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 standard, you must timely meet the reporting requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control 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) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred. Off-shift and overtime labor were used, to the extent 
practicable to make these repairs; and
    (3) The frequency, amount, and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation 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 
violation 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 violation 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 violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. This affirmative defense report 
shall be included in the first periodic compliance, deviation

[[Page 331]]

report or excess emission report otherwise required after the initial 
occurrence of the violation of the relevant standard (which may be the 
end of any applicable averaging period). If such compliance, deviation 
report or excess emission report is due less than 45 days after the 
initial occurrence of the violation, the affirmative defense report may 
be included in the second compliance, deviation report or excess 
emission report due after the initial occurrence of the violation of the 
relevant standard.



Sec. 60.75a  Calculations.

    (a) You must calculate the 30 operating day rolling arithmetic 
average emissions rate in units of the applicable emissions standard (lb 
NOX/ton 100 percent acid produced) at the end of each 
operating day using all of the quality assured hourly average CEMS data 
for the previous 30 operating days.
    (b) You must calculate the 30 operating day average emissions rate 
according to Equation 1:
[GRAPHIC] [TIFF OMITTED] TR06MY14.000

Where:

E30 = 30 operating day average emissions rate of 
          NOX, lb NOX/ton of 100 percent 
          HNO3;
Ci = concentration of NOX for hour i, ppmv;
Qi = volumetric flow rate of effluent gas for hour i, where 
          Ci and Qi are on the same basis (either 
          wet or dry), scf/hr;
Pi = total acid produced during production hour i, tons 100 
          percent HNO3;
k = conversion factor, 1.194 x 10-\7\ for NOX; and
n = number of operating hours in the 30 operating day period, i.e., n is 
          between 30 and 720.

[77 FR 48445, Aug. 14, 2012; 79 FR 25681, May 6, 2014]



Sec. 60.76a  Recordkeeping.

    (a) For the NOX emissions rate, you must keep records for 
and results of the performance evaluations of the continuous emissions 
monitoring systems.
    (b) You must maintain records of the following information for each 
30 operating day period:
    (1) Hours of operation.
    (2) Production rate of nitric acid, expressed as 100 percent nitric 
acid.
    (3) 30 operating day average NOX emissions rate values.
    (c) You must maintain records of the following time periods:
    (1) Times when you were not in compliance with the emissions 
standards.
    (2) Times when the pollutant concentration exceeded full span of the 
NOX monitoring equipment.
    (3) Times when the volumetric flow rate exceeded the high value of 
the volumetric flow rate monitoring equipment.
    (d) You must maintain records of the reasons for any periods of 
noncompliance and description of corrective actions taken.
    (e) You must maintain records of any modifications to CEMS which 
could affect the ability of the CEMS to comply with applicable 
performance specifications.
    (f) For each malfunction, you must maintain records of the following 
information:
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) 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

[[Page 332]]

to its normal or usual manner of operation.



Sec. 60.77a  Reporting.

    (a) The performance test data from the initial and subsequent 
performance tests and from the performance evaluations of the continuous 
monitors must be submitted to the Administrator at the appropriate 
address as shown in 40 CFR 60.4.
    (b) The following information must be reported to the Administrator 
for each 30 operating day period where you were not in compliance with 
the emissions standard:
    (1) Time period;
    (2) NOX emission rates (lb/ton of acid produced);
    (3) Reasons for noncompliance with the emissions standard; and
    (4) Description of corrective actions taken.
    (c) You must also report the following whenever they occur:
    (1) Times when the pollutant concentration exceeded full span of the 
NOX pollutant monitoring equipment.
    (2) Times when the volumetric flow rate exceeded the high value of 
the volumetric flow rate monitoring equipment.
    (d) You must report any modifications to CERMS which could affect 
the ability of the CERMS to comply with applicable performance 
specifications.
    (e) Within 60 days of completion of the relative accuracy test audit 
(RATA) required by this subpart, you must submit the data from that 
audit to EPA's WebFIRE database by using the Compliance and Emissions 
Data Reporting Interface (CEDRI) that is accessed through EPA's Central 
Data Exchange (CDX) (https://cdx.epa.gov/SSL/cdx/EPA--Home.asp). You 
must submit performance test data in the file format generated through 
use of EPA's Electronic Reporting Tool (ERT) (http://www.epa.gov/ttn/
chief/ert/index.html). Only data collected using test methods listed on 
the ERT Web site are subject to this requirement for submitting reports 
electronically to WebFIRE. Owners or operators who claim that some of 
the information being submitted for performance tests is confidential 
business information (CBI) must submit a complete ERT file including 
information claimed to be CBI on a compact disk or other commonly used 
electronic storage media (including, but not limited to, flash drives) 
by registered letter to EPA and the same ERT file with the CBI omitted 
to EPA via CDX as described earlier in this paragraph. Mark the compact 
disk or other commonly used electronic storage media clearly as CBI and 
mail to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. At the 
discretion of the delegated authority, you must also submit these 
reports to the delegated authority in the format specified by the 
delegated authority. You must submit the other information as required 
in the performance evaluation as described in Sec. 60.2 and as required 
in this chapter.
    (f) If a malfunction occurred during the reporting period, you must 
submit a report that contains the following:
    (1) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded.
    (2) A description of actions taken by an owner or operator during a 
malfunction of an affected facility to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.



       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]



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.

[[Page 333]]

    (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 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

[[Page 334]]

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 - (0.0126 %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; 79 FR 
11250, Feb. 27, 2014]



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:
    (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:

[[Page 335]]

    (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.
    (b) Any fluid catalytic cracking unit catalyst regenerator or fuel 
gas combustion device under paragraph (a) of this section other than a 
flare which commences construction, reconstruction or modification after 
June 11, 1973, and on or before May 14, 2007, or any

[[Page 336]]

fuel gas combustion device under paragraph (a) of this section that is 
also a flare 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) through (e) 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) Owners or operators may choose to comply with the applicable 
provisions of subpart Ja of this part to satisfy the requirements of 
this subpart for an affected facility.
    (f) 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; 77 FR 56463, 
Sep. 12, 2012]



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 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 in a 
thermal oxidizer or flare installed to control emissions from wastewater 
treatment units or marine tank vessel loading operations.
    (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.
    (i) Claus sulfur recovery plant means a process unit which recovers 
sulfur from

[[Page 337]]

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; 77 FR 56463, Sep. 12, 2012]



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 338]]



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 339]]

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 340]]

    (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 341]]

    (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 342]]

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 343]]

    (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 344]]

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:

Es = F + A (H/Rc)

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, 43 g/GJ (0.10 lb/million 
          Btu).
H = Heat input rate from solid or liquid fossil fuel, GJ/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. The sampling 
point in the duct shall be the centroid of the cross section if the

[[Page 345]]

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 represent the hourly average for each

[[Page 346]]

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 347]]


    (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; 77 FR 56463, Sep. 12, 2012]

[[Page 348]]



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 349]]

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 350]]

    (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 process heaters), flares 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 and delayed coking units, 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. For the purposes of this subpart, a 
modification to a flare commences when a project that includes any of 
the activities in paragraphs (c)(1) or (2) of this section is commenced. 
For delayed coking units, the provisions of this subpart apply to 
delayed coking units that commence construction, reconstruction or 
modification on the earliest of the following dates:
    (1) May 14, 2007, for such activities that involve a ``delayed 
coking unit'' defined as follows: 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;
    (2) December 22, 2008, for such activities that involve a ``delayed 
coking unit'' defined as follows: a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system reactors. 
A delayed coking unit consists of the coke drums and associated 
fractionator;
    (3) September 12, 2012, for such activities that involve a ``delayed 
coking unit'' as defined in Sec. 60.101a.
    (c) For all affected facilities other than flares, the provisions in 
Sec. 60.14 regarding modification apply. As provided in Sec. 60.14(f), 
the special provisions set forth under this subpart shall supersede the 
provisions in Sec. 60.14 with respect to flares. For the purposes of 
this subpart, a modification to a flare occurs as provided in paragraphs 
(c)(1) or (2) of this section.
    (1) Any new piping from a refinery process unit, including ancillary 
equipment, or a fuel gas system is physically connected to the flare 
(e.g., for direct

[[Page 351]]

emergency relief or some form of continuous or intermittent venting). 
However, the connections described in paragraphs (c)(1)(i) through (vii) 
of this section are not considered modifications of a flare.
    (i) Connections made to install monitoring systems to the flare.
    (ii) Connections made to install a flare gas recovery system or 
connections made to upgrade or enhance components of a flare gas 
recovery system (e.g., addition of compressors or recycle lines).
    (iii) Connections made to replace or upgrade existing pressure 
relief or safety valves, provided the new pressure relief or safety 
valve has a set point opening pressure no lower and an internal diameter 
no greater than the existing equipment being replaced or upgraded.
    (iv) Connections made for flare gas sulfur removal.
    (v) Connections made to install back-up (redundant) equipment 
associated with the flare (such as a back-up compressor) that does not 
increase the capacity of the flare.
    (vi) Replacing piping or moving an existing connection from a 
refinery process unit to a new location in the same flare, provided the 
new pipe diameter is less than or equal to the diameter of the pipe/
connection being replaced/moved.
    (vii) Connections that interconnect two or more flares.
    (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 the relevant applicability date specified in 
paragraph (b) of this section.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56464, Sep. 12, 2012]



Sec. 60.101a  Definitions.

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec. 60.2 and in this section.
    Air preheat means a device used to heat the air supplied to a 
process heater generally by use of a heat exchanger to recover the 
sensible heat of exhaust gas from the process heater.
    Ancillary equipment means equipment used in conjunction with or that 
serve a refinery process unit. Ancillary equipment includes, but is not 
limited to, storage tanks, product loading operations, wastewater 
treatment systems, steam- or electricity-producing units (including coke 
gasification units), pressure relief valves, pumps, sampling vents and 
continuous analyzer vents.
    Cascaded flare system means a series of flares connected to one 
flare gas header system arranged with increasing pressure set points so 
that discharges will be initially directed to the first flare in the 
series (i.e., the primary flare). If the discharge pressure exceeds a 
set point at which the flow to the primary flare would exceed the 
primary flare's capacity, flow will be diverted to the second flare in 
the series. Similarly, flow would be diverted to a third (or fourth) 
flare if the pressure in the flare gas header system exceeds a threshold 
where the flow to the first two (or three) flares would exceed their 
capacities.
    Co-fired process heater means a process heater that employs burners 
that are designed to be supplied by both gaseous and liquid fuels on a 
routine basis. Process heaters that have gas burners with emergency oil 
back-up burners are not considered co-fired process heaters.
    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.
    Corrective action means the design, operation and maintenance 
changes that one takes consistent with good engineering practice to 
reduce or eliminate the likelihood of the recurrence of the primary 
cause and any other contributing cause(s) of an event identified by a 
root cause analysis as having resulted in a discharge of gases to an

[[Page 352]]

affected flare in excess of specified thresholds.
    Corrective action analysis means a description of all reasonable 
interim and long-term measures, if any, that are available, and an 
explanation of why the selected corrective action(s) is/are the best 
alternative(s), including, but not limited to, considerations of cost 
effectiveness, technical feasibility, safety and secondary impacts.
    Delayed coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system reactors. 
A delayed coking unit includes, but is not limited to, all of the coke 
drums associated with a single fractionator; the fractionator, including 
the bottoms receiver and the overhead condenser; the coke drum cutting 
water and quench system, including the jet pump and coker quench water 
tank; and the coke drum blowdown recovery compressor system.
    Emergency flare means a flare that combusts gas exclusively released 
as a result of malfunctions (and not startup, shutdown, routine 
operations or any other cause) on four or fewer occasions in a rolling 
365-day period. For purposes of this rule, a flare cannot be categorized 
as an emergency flare unless it maintains a water seal.
    Flare means a combustion device that uses an uncontrolled volume of 
air to burn gases. The flare includes the foundation, flare tip, 
structural support, burner, igniter, flare controls, including air 
injection or steam injection systems, flame arrestors and the flare gas 
header system. In the case of an interconnected flare gas header system, 
the flare includes each individual flare serviced by the interconnected 
flare gas header system and the interconnected flare gas header system.
    Flare gas header system means all piping and knockout pots, 
including those in a subheader system, used to collect and transport gas 
to a flare either from a process unit or a pressure relief valve from 
the fuel gas system, regardless of whether or not a flare gas recovery 
system draws gas from the flare gas header system. The flare gas header 
system includes piping inside the battery limit of a process unit if the 
purpose of the piping is to transport gas to a flare or knockout pot 
that is part of the flare.
    Flare gas recovery system means a system of one or more compressors, 
piping and the associated water seal, rupture disk or similar device 
used to divert gas from the flare and direct the gas to the fuel gas 
system or to a fuel gas combustion device.
    Flexicoking unit means a refinery process unit 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 a refinery process unit 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 the coking reactor, the coking burner, and 
equipment for controlling air pollutant emissions and for heat recovery 
on the fluid coking burner exhaust vent.
    Forced draft process heater means a process heater in which the 
combustion air is supplied under positive pressure produced by a fan at 
any location in the inlet air line prior to the point where the 
combustion air enters the process heater or air preheat. For the

[[Page 353]]

purposes of this subpart, a process heater that uses fans at both the 
inlet air side and the exhaust air side (i.e., balanced draft system) is 
considered to be a forced draft process heater.
    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, coke calciners (used to make 
premium grade coke) and fluid coking burners, but does include gases 
from flexicoking unit gasifiers and other gasifiers. Fuel gas does not 
include vapors that are collected and combusted in a thermal oxidizer or 
flare installed to control emissions from wastewater treatment units 
other than those processing sour water, marine tank vessel loading 
operations or asphalt processing units (i.e., asphalt blowing stills).
    Fuel gas combustion device means any equipment, such as process 
heaters and boilers, used to combust fuel gas. For the purposes of this 
subpart, fuel gas combustion device does not include flares or 
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.
    Natural draft process heater means any process heater in which the 
combustion air is supplied under ambient or negative pressure without 
the use of an inlet air (forced draft) fan. For the purposes of this 
subpart, a natural draft process heater is any process heater that is 
not a forced draft process heater, including induced draft systems.
    Non-emergency flare means any flare that is not an emergency flare 
as defined in this subpart.
    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. A facility that produces only oil shale or tar sands-
derived crude oil for further processing at a petroleum refinery using 
only solvent extraction and/or distillation to recover diluent is not a 
petroleum refinery.
    Primary flare means the first flare in a cascaded flare system.
    Process heater means an enclosed combustion device used to transfer 
heat indirectly to process stream materials (liquids, gases, or solids) 
or to a 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 or by ancillary equipment as a result of startup, shutdown, 
upset or malfunction.
    Purge gas means gas introduced between a flare's water seal and a 
flare's tip to prevent oxygen infiltration (backflow) into the flare 
tip. For flares with no water seals, the function of purge gas is 
performed by sweep gas (i.e., flares without water seals do not use 
purge gas).
    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.

[[Page 354]]

    Refinery process unit means any segment of the petroleum refinery in 
which a specific processing operation is conducted.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing cause(s), of a discharge of gases in excess of specified 
thresholds.
    Secondary flare means a flare in a cascaded flare system that 
provides additional flare capacity and pressure relief to a flare gas 
system when the flare gas flow exceeds the capacity of the primary 
flare. For purposes of this subpart, a secondary flare is characterized 
by infrequent use and must maintain a water seal.
    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 H2S and/or SO2 from a common source of sour 
gas produced 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 or loading facilities 
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.
    Sweep gas means the gas introduced in a flare gas header system to 
maintain a constant flow of gas to prevent oxygen buildup in the flare 
header. For flares with no water seals, sweep gas also performs the 
function of preventing oxygen infiltration (backflow) into the flare 
tip.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56464, Sep. 12, 2012; 
78 FR 76756, Dec. 19, 2013]



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 (i) 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.

[[Page 355]]

    (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:
    (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 a 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 
ppmv of reduced sulfur compounds and 10 ppmv of H2S, each 
calculated as ppmv SO2 (dry basis) at 0-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:

[[Page 356]]

[GRAPHIC] [TIFF OMITTED] TR24JN08.000

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 emissions limits in paragraphs (g)(1) and (2) of 
this section.
    (1) Except as provided in (g)(1)(iii) of this section, 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 calendar 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.
    (iii) The combustion in a portable generator of fuel gas released as 
a result of tank degassing and/or cleaning is exempt from the emissions 
limits in paragraphs (g)(1)(i) and (ii) of this section.

[[Page 357]]

    (2) For each process heater with a rated capacity of greater than 40 
million British thermal units per hour (MMBtu/hr) on a higher heating 
value basis, the owner or operator shall not discharge to the atmosphere 
any emissions of NOX in excess of the applicable limits in 
paragraphs (g)(2)(i) through (iv) of this section.
    (i) For each natural draft process heater, comply with the limit in 
either paragraph (g)(2)(i)(A) or (B) of this section. The owner or 
operator may comply with either limit at any time, provided that the 
appropriate parameters for each alternative are monitored as specified 
in Sec. 60.107a; if fuel gas composition is not monitored as specified 
in Sec. 60.107a(d), the owner or operator must comply with the 
concentration limits in paragraph (g)(2)(i)(A) of this section.
    (A) 40 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30-day rolling average basis; or
    (B) 0.040 pounds per million British thermal units (lb/MMBtu) higher 
heating value basis determined daily on a 30-day rolling average basis.
    (ii) For each forced draft process heater, comply with the limit in 
either paragraph (g)(2)(ii)(A) or (B) of this section. The owner or 
operator may comply with either limit at any time, provided that the 
appropriate parameters for each alternative are monitored as specified 
in Sec. 60.107a; if fuel gas composition is not monitored as specified 
in Sec. 60.107a(d), the owner or operator must comply with the 
concentration limits in paragraph (g)(2)(ii)(A) of this section.
    (A) 60 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30-day rolling average basis; or
    (B) 0.060 lb/MMBtu higher heating value basis determined daily on a 
30-day rolling average basis.
    (iii) For each co-fired natural draft process heater, comply with 
the limit in either paragraph (g)(2)(iii)(A) or (B) of this section. The 
owner or operator must choose one of the emissions limits with which to 
comply at all times:
    (A) 150 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30 successive operating day rolling average basis; 
or
    (B) The daily average emissions limit calculated using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.001

Where:

ERNOx = Daily allowable average emission rate of 
          NOX, lb/MMBtu (higher heating value basis);
Qgas = Daily average volumetric flow rate of fuel gas, 
          standard cubic feet per day (scf/day);
Qoil = Daily average volumetric flow rate of fuel oil, scf/
          day;
HHVgas = Daily average higher heating value of gas fired to 
          the process heater, MMBtu/scf; and
HHVoil = Daily average higher heating value of fuel oil fired 
          to the process heater, MMBtu/scf.

    (iv) For each co-fired forced draft process heater, comply with the 
limit in either paragraph (g)(2)(iv)(A) or (B) of this section. The 
owner or operator must choose one of the emissions limits with which to 
comply at all times:
    (A) 150 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30 successive operating day rolling average basis; 
or
    (B) The daily average emissions limit calculated using Equation 4 of 
this section:

[[Page 358]]

[GRAPHIC] [TIFF OMITTED] TR12SE12.002

Where:

ERNOx = Daily allowable average emission rate of 
          NOX, lb/MMBtu (higher heating value basis);
Qgas = Daily average volumetric flow rate of fuel gas, scf/
          day;
Qoil = Daily average volumetric flow rate of fuel oil, scf/
          day;
HHVgas = Daily average higher heating value of gas fired to 
          the process heater, MMBtu/scf; and
HHVoil = Daily average higher heating value of fuel oil fired 
          to the process heater, MMBtu/scf.

    (h) [Reserved]
    (i) For a process heater that meets any of the criteria of 
paragraphs (i)(1)(i) through (iv) of this section, an owner or operator 
may request approval from the Administrator for a NOX 
emissions limit which shall apply specifically to that affected 
facility. The request shall include information as described in 
paragraph (i)(2) of this section. The request shall be submitted and 
followed as described in paragraph (i)(3) of this section.
    (1) A process heater that meets one of the criteria in paragraphs 
(i)(1)(i) through (iv) of this section may apply for a site-specific 
NOX emissions limit:
    (i) A modified or reconstructed process heater that lacks sufficient 
space to accommodate installation and proper operation of combustion 
modification-based technology (e.g., ultra-low NOX burners); 
or
    (ii) A modified or reconstructed process heater that has downwardly 
firing induced draft burners; or
    (iii) A co-fired process heater; or
    (iv) A process heater operating at reduced firing conditions for an 
extended period of time (i.e., operating in turndown mode). The site-
specific NOX emissions limit will only apply for those 
operating conditions.
    (2) The request shall include sufficient and appropriate data, as 
determined by the Administrator, to allow the Administrator to confirm 
that the process heater is unable to comply with the applicable 
NOX emissions limit in paragraph (g)(2) of this section. At a 
minimum, the request shall contain the information described in 
paragraphs (i)(2)(i) through (iv) of this section.
    (i) The design and dimensions of the process heater, evaluation of 
available combustion modification-based technology, description of fuel 
gas and, if applicable, fuel oil characteristics, information regarding 
the combustion conditions (temperature, oxygen content, firing rates) 
and other information needed to demonstrate that the process heater 
meets one of the four classes of process heaters listed in paragraph 
(i)(1) of this section.
    (ii) An explanation of how the data in paragraph (i)(2)(i) 
demonstrate that ultra-low NOX burners, flue gas 
recirculation, control of excess air or other combustion modification-
based technology (including combinations of these combustion 
modification-based technologies) cannot be used to meet the applicable 
emissions limit in paragraph (g)(2) of this section.
    (iii) Results of a performance test conducted under representative 
conditions using the applicable methods specified in Sec. 60.104a(i) to 
demonstrate the performance of the technology the owner or operator will 
use to minimize NOX emissions.
    (iv) The means by which the owner or operator will document 
continuous compliance with the site-specific emissions limit.
    (3) The request shall be submitted and followed as described in 
paragraphs (i)(3)(i) through (iii) of this section.
    (i) The owner or operator of a process heater that meets one of the 
criteria in paragraphs (i)(1)(i) through (iv) of this section may 
request approval from the Administrator within 180 days after initial 
startup of the process heater for a NOX emissions limit which 
shall apply specifically to that affected facility.
    (ii) The request must be submitted to the Administrator for 
approval. The owner or operator must comply with

[[Page 359]]

the request as submitted until it is approved.
    (iii) The request shall also be submitted to the following address: 
U.S. Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711. Electronic copies in lieu of hard 
copies may also be submitted to [email protected].
    (4) The approval process for a request for a facility-specific 
NOX emissions limit is described in paragraphs (i)(4)(i) 
through (iii) of this section.
    (i) Approval by the Administrator of a facility-specific 
NOX emissions limit request will be based on the 
completeness, accuracy and reasonableness of the request. Factors that 
the EPA will consider in reviewing the request for approval include, but 
are not limited to, the following:
    (A) A demonstration that the process heater meets one of the four 
classes of process heaters outlined in paragraphs (i)(1) of this 
section;
    (B) A description of the low-NOX burner designs and other 
combustion modifications considered for reducing NOX 
emissions;
    (C) The combustion modification option selected; and
    (D) The operating conditions (firing rate, heater box temperature 
and excess oxygen concentration) at which the NOX emission 
level was established.
    (ii) If the request is approved by the Administrator, a facility-
specific NOX emissions limit will be established at the 
NOX emission level demonstrated in the approved request.
    (iii) If the Administrator finds any deficiencies in the request, 
the request must be revised to address the deficiencies and be re-
submitted for approval.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56466, Sep. 12, 2012]



Sec. 60.103a  Design, equipment, work practice or operational standards.

    (a) Except as provided in paragraph (g) of this section, each owner 
or operator that operates a flare that is subject to this subpart shall 
develop and implement a written flare management plan no later than the 
date specified in paragraph (b) of this section. The flare management 
plan must include the information described in paragraphs (a)(1) through 
(7) of this section.
    (1) A listing of all refinery process units, ancillary equipment, 
and fuel gas systems connected to the flare for each affected flare.
    (2) An assessment of whether discharges to affected flares from 
these process units, ancillary equipment and fuel gas systems can be 
minimized. The flare minimization assessment must (at a minimum) 
consider the items in paragraphs (a)(2)(i) through (iv) of this section. 
The assessment must provide clear rationale in terms of costs (capital 
and annual operating), natural gas offset credits (if applicable), 
technical feasibility, secondary environmental impacts and safety 
considerations for the selected minimization alternative(s) or a 
statement, with justifications, that flow reduction could not be 
achieved. Based upon the assessment, each owner or operator of an 
affected flare shall identify the minimization alternatives that it has 
implemented by the due date of the flare management plan and shall 
include a schedule for the prompt implementation of any selected 
measures that cannot reasonably be completed as of that date.
    (i) Elimination of process gas discharge to the flare through 
process operating changes or gas recovery at the source.
    (ii) Reduction of the volume of process gas to the flare through 
process operating changes.
    (iii) Installation of a flare gas recovery system or, for facilities 
that are fuel gas rich, a flare gas recovery system and a co-generation 
unit or combined heat and power unit.
    (iv) Minimization of sweep gas flow rates and, for flares with water 
seals, purge gas flow rates.
    (3) A description of each affected flare containing the information 
in paragraphs (a)(3)(i) through (vii) of this section.
    (i) A general description of the flare, including the information in 
paragraphs (a)(3)(i)(A) through (G) of this section.
    (A) Whether it is a ground flare or elevated (including height).

[[Page 360]]

    (B) The type of assist system (e.g., air, steam, pressure, non-
assisted).
    (C) Whether it is simple or complex flare tip (e.g., staged, 
sequential).
    (D) Whether the flare is part of a cascaded flare system (and if so, 
whether the flare is primary or secondary).
    (E) Whether the flare serves as a backup to another flare.
    (F) Whether the flare is an emergency flare or a non-emergency 
flare.
    (G) Whether the flare is equipped with a flare gas recovery system.
    (ii) Description and simple process flow diagram showing the 
interconnection of the following components of the flare: flare tip 
(date installed, manufacturer, nominal and effective tip diameter, tip 
drawing); knockout or surge drum(s) or pot(s) (including dimensions and 
design capacities); flare header(s) and subheader(s); assist system; and 
ignition system.
    (iii) Flare design parameters, including the maximum vent gas flow 
rate; minimum sweep gas flow rate; minimum purge gas flow rate (if any); 
maximum supplemental gas flow rate; maximum pilot gas flow rate; and, if 
the flare is steam-assisted, minimum total steam rate.
    (iv) Description and simple process flow diagram showing all gas 
lines (including flare, purge (if applicable), sweep, supplemental and 
pilot gas) that are associated with the flare. For purge, sweep, 
supplemental and pilot gas, identify the type of gas used. Designate 
which lines are exempt from sulfur, H2S or flow monitoring 
and why (e.g., natural gas, inherently low sulfur, pilot gas). Designate 
which lines are monitored and identify on the process flow diagram the 
location and type of each monitor.
    (v) For each flow rate, H2S, sulfur content, pressure or 
water seal monitor identified in paragraph (a)(3)(iv) of this section, 
provide 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.
    (vi) For emergency flares, secondary flares and flares equipped with 
a flare gas recovery system designed, sized and operated to capture all 
flows except those resulting from startup, shutdown or malfunction:
    (A) Description of the water seal, including the operating range for 
the liquid level.
    (B) Designation of the monitoring option elected (flow and sulfur 
monitoring or pressure and water seal liquid level monitoring).
    (vii) For flares equipped with a flare gas recovery system:
    (A) A description of the flare gas recovery system, including number 
of compressors and capacity of each compressor.
    (B) A description of the monitoring parameters used to quantify the 
amount of flare gas recovered.
    (C) For systems with staged compressors, the maximum time period 
required to begin gas recovery with the secondary compressor(s), the 
monitoring parameters and procedures used to minimize the duration of 
releases during compressor staging and a justification for why the 
maximum time period cannot be further reduced.
    (4) An evaluation of the baseline flow to the flare. The baseline 
flow to the flare must be determined after implementing the minimization 
assessment in paragraph (a)(2) of this section. Baseline flows do not 
include pilot gas flow or purge gas flow (i.e., gas introduced after the 
flare's water seal) provided these gas flows remain reasonably constant 
(i.e., separate flow monitors for these streams are not required). 
Separate baseline flow rates may be established for different operating 
conditions provided that the management plan includes:
    (i) A primary baseline flow rate that will be used as the default 
baseline for all conditions except those specifically delineated in the 
plan;
    (ii) A description of each special condition for which an alternate 
baseline is established, including the rationale for each alternate 
baseline, the daily flow for each alternate baseline and the expected 
duration of the special conditions for each alternate baseline; and
    (iii) Procedures to minimize discharges to the affected flare during 
each special condition described in paragraph (a)(4)(ii) of this 
section, unless procedures are already developed for these cases under 
paragraph (a)(5)

[[Page 361]]

through (7) of this section, as applicable.
    (5) Procedures to minimize or eliminate discharges to the flare 
during the planned startup and shutdown of the refinery process units 
and ancillary equipment that are connected to the affected flare, 
together with a schedule for the prompt implementation of any procedures 
that cannot reasonably be implemented as of the date of the submission 
of the flare management plan.
    (6) Procedures to reduce flaring in cases of fuel gas imbalance 
(i.e., excess fuel gas for the refinery's energy needs), together with a 
schedule for the prompt implementation of any procedures that cannot 
reasonably be implemented as of the date of the submission of the flare 
management plan.
    (7) For flares equipped with flare gas recovery systems, procedures 
to minimize the frequency and duration of outages of the flare gas 
recovery system and procedures to minimize the volume of gas flared 
during such outages, together with a schedule for the prompt 
implementation of any procedures that cannot reasonably be implemented 
as of the date of the submission of the flare management plan.
    (b) Except as provided in paragraph (g) of this section, each owner 
or operator required to develop and implement a written flare management 
plan as described in paragraph (a) of this section must submit the plan 
to the Administrator as described in paragraphs (b)(1) through (3) of 
this section.
    (1) 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 the flare becomes an affected facility subject to 
this subpart, except for the selected minimization alternatives in 
paragraph (a)(2) and/or the procedures in paragraphs (a)(5) though 
(a)(7) of this section that cannot reasonably be implemented by that 
date, which the owner or operator must implement in accordance with the 
schedule in the flare management plan. The owner or operator of a 
modified flare must develop and implement the flare management plan by 
no later than November 11, 2015 or upon startup of the modified flare, 
whichever is later.
    (2) The owner or operator must comply with the plan as submitted by 
the date specified in paragraph (b)(1) of this section. The plan should 
be updated periodically to account for changes in the operation of the 
flare, such as new connections to the flare or the installation of a 
flare gas recovery system, but the plan need be re-submitted to the 
Administrator only if the owner or operator adds an alternative baseline 
flow rate, revises an existing baseline as described in paragraph (a)(4) 
of this section, installs a flare gas recovery system or is required to 
change flare designations and monitoring methods as described in Sec. 
60.107a(g). The owner or operator must comply with the updated plan as 
submitted.
    (3) All versions of the plan submitted to the Administrator shall 
also be submitted to the following address: U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: 
Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711. Electronic copies in lieu of hard copies may also be submitted 
to [email protected].
    (c) Except as provided in paragraphs (f) and (g) of this section, 
each owner or operator that operates a fuel gas combustion device, flare 
or sulfur recovery plant subject to this subpart shall conduct a root 
cause analysis and a corrective action analysis for each of the 
conditions specified in paragraphs (c)(1) through (3) of this section.
    (1) For a flare:
    (i) Any time the SO2 emissions exceed 227 kilograms (kg) 
(500 lb) in any 24-hour period; or
    (ii) Any discharge to the flare in excess of 14,160 standard cubic 
meters (m\3\) (500,000 standard cubic feet (scf)) above the baseline, 
determined in paragraph (a)(4) of this section, in any 24-hour period; 
or
    (iii) If the monitoring alternative in Sec. 60.107a(g) is elected, 
any period when the flare gas line pressure exceeds the water seal 
liquid depth, except for periods attributable to compressor staging that 
do not exceed the staging time specified in paragraph (a)(3)(vii)(C) of 
this section.

[[Page 362]]

    (2) For a fuel gas combustion device, each exceedance of an 
applicable short-term emissions limit in Sec. 60.102a(g)(1) if the 
SO2 discharge to the atmosphere is 227 kg (500 lb) greater 
than the amount that would have been emitted if the emissions limits had 
been met during one or more consecutive periods of excess emissions or 
any 24-hour period, whichever is shorter.
    (3) For a sulfur recovery plant, each time the SO2 
emissions are more than 227 kg (500 lb) greater than the amount that 
would have been emitted if the SO2 or reduced sulfur 
concentration was equal to the applicable emissions limit in Sec. 
60.102a(f)(1) or (2) during one or more consecutive periods of excess 
emissions or any 24-hour period, whichever is shorter.
    (d) Except as provided in paragraphs (f) and (g) of this section, a 
root cause analysis and corrective action analysis must be completed as 
soon as possible, but no later than 45 days after a discharge meeting 
one of the conditions specified in paragraphs (c)(1) through (3) of this 
section. Special circumstances affecting the number of root cause 
analyses and/or corrective action analyses are provided in paragraphs 
(d)(1) through (5) of this section.
    (1) If a single continuous discharge meets any of the conditions 
specified in paragraphs (c)(1) through (3) of this section for 2 or more 
consecutive 24-hour periods, a single root cause analysis and corrective 
action analysis may be conducted.
    (2) If a single discharge from a flare triggers a root cause 
analysis based on more than one of the conditions specified in 
paragraphs (c)(1)(i) through (iii) of this section, a single root cause 
analysis and corrective action analysis may be conducted.
    (3) If the discharge from a flare is the result of a planned startup 
or shutdown of a refinery process unit or ancillary equipment connected 
to the affected flare and the procedures in paragraph (a)(5) of this 
section were followed, a root cause analysis and corrective action 
analysis is not required; however, the discharge must be recorded as 
described in Sec. 60.108a(c)(6) and reported as described in Sec. 
60.108a(d)(5).
    (4) If both the primary and secondary flare in a cascaded flare 
system meet any of the conditions specified in paragraphs (c)(1)(i) 
through (iii) of this section in the same 24-hour period, a single root 
cause analysis and corrective action analysis may be conducted.
    (5) Except as provided in paragraph (d)(4) of this section, if 
discharges occur that meet any of the conditions specified in paragraphs 
(c)(1) through (3) of this section for more than one affected facility 
in the same 24-hour period, initial root cause analyses shall be 
conducted for each affected facility. If the initial root cause analyses 
indicate that the discharges have the same root cause(s), the initial 
root cause analyses can be recorded as a single root cause analysis and 
a single corrective action analysis may be conducted.
    (e) Except as provided in paragraphs (f) and (g) of this section, 
each owner or operator of a fuel gas combustion device, flare or sulfur 
recovery plant subject to this subpart shall implement the corrective 
action(s) identified in the corrective action analysis conducted 
pursuant to paragraph (d) of this section in accordance with the 
applicable requirements in paragraphs (e)(1) through (3) of this 
section.
    (1) All corrective action(s) must be implemented within 45 days of 
the discharge for which the root cause and corrective action analyses 
were required or as soon thereafter as practicable. If an owner or 
operator concludes that corrective action should not be conducted, the 
owner or operator shall record and explain the basis for that conclusion 
no later than 45 days following the discharge as specified in Sec. 
60.108a(c)(6)(ix).
    (2) For corrective actions that cannot be fully implemented within 
45 days following the discharge for which the root cause and corrective 
action analyses were required, the owner or operator shall develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (3) No later than 45 days following the discharge for which a root 
cause and corrective action analyses were required, the owner or 
operator shall

[[Page 363]]

record the corrective action(s) completed to date, and, for action(s) 
not already completed, a schedule for implementation, including proposed 
commencement and completion dates as specified in Sec. 
60.108a(c)(6)(x).
    (f) Modified flares shall comply with the requirements of paragraphs 
(c) through (e) of this section by November 11, 2015 or at startup of 
the modified flare, whichever is later. Modified flares that were not 
affected facilities subject to subpart J of this part prior to becoming 
affected facilities under Sec. 60.100a shall comply with the 
requirements of paragraph (h) of this section and the requirements of 
Sec. 60.107a(a)(2) by November 11, 2015 or at startup of the modified 
flare, whichever is later. Modified flares that were affected facilities 
subject to subpart J of this part prior to becoming affected facilities 
under Sec. 60.100a shall comply with the requirements of paragraph (h) 
of this section and the requirements of Sec. 60.107a(a)(2) by November 
13, 2012 or at startup of the modified flare, whichever is later, except 
that modified flares that have accepted applicability of subpart J under 
a federal consent decree shall comply with the subpart J requirements as 
specified in the consent decree, but shall comply with the requirements 
of paragraph (h) of this section and the requirements of Sec. 
60.107a(a)(2) by no later than November 11, 2015.
    (g) An affected flare subject to this subpart located in the Bay 
Area Air Quality Management District (BAAQMD) may elect to comply with 
both BAAQMD Regulation 12, Rule 11 and BAAQMD Regulation 12, Rule 12 as 
an alternative to complying with the requirements of paragraphs (a) 
through (e) of this section. An affected flare subject to this subpart 
located in the South Coast Air Quality Management District (SCAQMD) may 
elect to comply with SCAQMD Rule 1118 as an alternative to complying 
with the requirements of paragraphs (a) through (e) of this section. The 
owner or operator of an affected flare must notify the Administrator 
that the flare is in compliance with BAAQMD Regulation 12, Rule 11 and 
BAAQMD Regulation 12, Rule 12 or SCAQMD Rule 1118. The owner or operator 
of an affected flare shall also submit the existing flare management 
plan to the following address: U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Sector Policies and 
Programs Division, U.S. EPA Mailroom (E143-01), Attention: Refinery 
Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. 
Electronic copies in lieu of hard copies may also be submitted to 
[email protected].
    (h) Each owner or operator shall not burn in any affected flare any 
fuel gas that contains H2S in excess of 162 ppmv determined 
hourly on a 3-hour rolling average basis. 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 limit.
    (i) Each owner or operator of a delayed coking unit shall depressure 
each coke drum to 5 lb per square inch gauge (psig) or less prior to 
discharging the coke drum steam exhaust to the atmosphere. Until the 
coke drum pressure reaches 5 psig, the coke drum steam exhaust must be 
managed in an enclosed blowdown system and the uncondensed vapor must 
either be recovered (e.g., sent to the delayed coking unit 
fractionators) or vented to the fuel gas system, a fuel gas combustion 
device or a flare.
    (j) Alternative means of emission limitation. (1) Each owner or 
operator subject to the provisions of this section may apply to the 
Administrator for a determination of equivalence for any means of 
emission limitation that achieves a reduction in emissions of a 
specified pollutant at least equivalent to the reduction in emissions of 
that pollutant achieved by the controls required in this section.
    (2) Determination of equivalence to the design, equipment, work 
practice or operational requirements of this section will be evaluated 
by the following guidelines:
    (i) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate the equivalence of the alternative means of emission 
limitation.

[[Page 364]]

    (ii) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the design, 
equipment, work practice or operational requirements shall be 
demonstrated.
    (iii) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
alternative means of emission limitation shall be demonstrated.
    (iv) Each owner or operator applying for a determination of 
equivalence to a work practice standard 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.
    (v) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the design, equipment, work practice 
or operational requirements and, if applicable, will consider the 
commitment in paragraph (j)(2)(iv) of this section.
    (vi) The Administrator may condition the approval of the alternative 
means of emission limitation on requirements that may be necessary to 
ensure operation and maintenance to achieve the same emissions reduction 
as the design, equipment, work practice or operational requirements.
    (3) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (4) Approval of the application for equivalence to the design, 
equipment, work practice or operational requirements of this section 
will be evaluated by the following guidelines:
    (i) 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.
    (ii) 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.
    (iii) 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.
    (5) Manufacturers of equipment used to control emissions may apply 
to the Administrator for determination of equivalence for any 
alternative means of emission limitation that achieves a reduction in 
emissions achieved by the equipment, design and operational requirements 
of this section. The Administrator will make an equivalence 
determination according to the provisions of paragraphs (j)(2) through 
(4) of this section.

[77 FR 56467, Sep. 12, 2012]



Sec. 60.104a  Performance tests.

    (a) The owner or operator shall conduct a performance test for each 
FCCU, FCU, sulfur recovery plant, flare and fuel gas combustion device 
to demonstrate initial compliance with each applicable emissions limit 
in Sec. 60.102a according to 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).

[[Page 365]]

    (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 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.003

Where:

E = Emission rate of PM, g/kg (lb/1,000 lb) 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) [lb per 
          hour (lb/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 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.004

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 (CO2) concentration in FCCU 
          regenerator or fluid coking burner exhaust, percent by volume 
          (dry basis);
%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);

[[Page 366]]

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)]; 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 
required in Sec. 60.105a(b)(2), if applicable, using Equation 7 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.005

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(h)(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 8 of this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.006


[[Page 367]]


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 9 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.007

Where:

Opacity limit = Maximum permissible 3-hour average opacity, percent, or 
          10 percent, whichever is greater;
Opacityst = Hourly average opacity measured during the source 
          test, percent; and
PMEmRst = PM emission rate measured during the source test, 
          lb/1,000 lb 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.
    (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-

[[Page 368]]

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 8 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.
    (6) For process heaters with a rated heat capacity between 40 and 
100 MMBtu/hr that elect to demonstrate continuous compliance with a 
maximum excess oxygen limit as provided in Sec. 60.107a(c)(6) or 
(d)(8), the owner or operator shall establish the O2 
operating limit or O2 operating curve based on the 
performance test results according to the requirements in paragraph 
(i)(6)(i) or (ii) of this section, respectively.
    (i) If a single O2 operating limit will be used:
    (A) Conduct the performance test following the methods provided in 
paragraphs (i)(1), (2), (3) and (5) of this section when the process 
heater is firing at no less than 70 percent of the rated heat capacity. 
For co-fired process heaters, conduct at least one of the test runs 
while the process heater is being supplied by both fuel gas and fuel oil 
and conduct at least one of the test runs while the process heater is 
being supplied solely by fuel gas.
    (B) Each test will consist of three test runs. Calculate the 
NOX concentration for the performance test as the average of 
the NOX concentrations from each of the three test runs. If 
the NOX concentration for the performance test is less than 
or equal to the numerical value of the applicable NOX 
emissions limit (regardless of averaging time), then the test is 
considered to be a valid test.
    (C) Determine the average O2 concentration for each test 
run of a valid test.

[[Page 369]]

    (D) Calculate the O2 operating limit as the average 
O2 concentration of the three test runs from a valid test.
    (ii) If an O2 operating curve will be used:
    (A) Conduct a performance test following the methods provided in 
paragraphs (i)(1), (2), (3) and (5) of this section at a representative 
condition for each operating range for which different O2 
operating limits will be established. Different operating conditions may 
be defined as different firing rates (e.g., above 50 percent of rated 
heat capacity and at or below 50 percent of rated heat capacity) and/or, 
for co-fired process heaters, different fuel mixtures (e.g., primarily 
gas fired, primarily oil fired, and equally co-fired, i.e., 
approximately 50 percent of the input heating value is from fuel gas and 
approximately 50 percent of the input heating value is from fuel oil). 
Performance tests for different operating ranges may be conducted at 
different times.
    (B) Each test will consist of three test runs. Calculate the 
NOX concentration for the performance test as the average of 
the NOX concentrations from each of the three test runs. If 
the NOX concentration for the performance test is less than 
or equal to the numerical value of the applicable NOX 
emissions limit (regardless of averaging time), then the test is 
considered to be a valid test.
    (C) If an operating curve is developed for different firing rates, 
conduct at least one test when the process heater is firing at no less 
than 70 percent of the rated heat capacity and at least one test under 
turndown conditions (i.e., when the process heater is firing at 50 
percent or less of the rated heat capacity). If O2 operating 
limits are developed for co-fired process heaters based only on overall 
firing rates (and not by fuel mixtures), conduct at least one of the 
test runs for each test while the process heater is being supplied by 
both fuel gas and fuel oil and conduct at least one of the test runs 
while the process heater is being supplied solely by fuel gas.
    (D) Determine the average O2 concentration for each test 
run of a valid test.
    (E) Calculate the O2 operating limit for each operating 
range as the average O2 concentration of the three test runs 
from a valid test conducted at the representative conditions for that 
given operating range.
    (F) Identify the firing rates for which the different operating 
limits apply. If only two operating limits are established based on 
firing rates, the O2 operating limits established when the 
process heater is firing at no less than 70 percent of the rated heat 
capacity must apply when the process heater is firing above 50 percent 
of the rated heat capacity and the O2 operating limits 
established for turndown conditions must apply when the process heater 
is firing at 50 percent or less of the rated heat capacity.
    (G) Operating limits associated with each interval will be valid for 
2 years or until another operating limit is established for that 
interval based on a more recent performance test specific for that 
interval, whichever occurs first. Owners and operators must use the 
operating limits determined for a given interval based on the most 
recent performance test conducted for that interval.
    (7) The owner or operator of a process heater complying with a 
NOX limit in terms of lb/MMBtu as provided in Sec. 
60.102a(g)(2)(i)(B), (g)(2)(ii)(B), (g)(2)(iii)(B) or (g)(2)(iv)(B) or a 
process heater with a rated heat capacity between 40 and 100 MMBtu/hr 
that elects to demonstrate continuous compliance with a maximum excess 
O2 limit, as provided in Sec. 60.107a(c)(6) or (d)(8), shall 
determine heat input to the process heater in MMBtu/hr during each 
performance test run by measuring fuel gas flow rate, fuel oil flow rate 
(as applicable) and heating value content according to the methods 
provided in Sec. 60.107a(d)(5), (d)(6), and (d)(4) or (d)(7), 
respectively.
    (8) The owner or operator shall use Equation 8 of this section to 
adjust pollutant concentrations to 0-percent O2 or 0- percent 
excess air.
    (j) The owner or operator shall determine compliance with the 
applicable H2S emissions limit in Sec. 60.102a(g)(1) for a 
fuel gas combustion device or the concentration requirement in

[[Page 370]]

Sec. 60.103a(h) for a flare 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) EPA Method 11, 15 or 15A of appendix A-5 to part 60 or EPA 
Method 16 of appendix A-6 to part 60 for determining the H2S 
concentration for affected facilities using an H2S monitor as 
specified in Sec. 60.107a(a)(2). The method ANSI/ASME PTC 19.10-1981 
(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 flare or for each individual fuel gas 
stream used in the fuel gas combustion device or flare.
    (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 or flare is 
added to a common source of fuel gas that previously demonstrated 
compliance.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56470, Sep. 12, 2012]



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) that uses a control device other than fabric filter or 
cyclone shall comply with the requirements in paragraphs (b)(1) and (2) 
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 applicable 
requirements in paragraphs (b)(1)(i) through (v) 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 alternative 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.

[[Page 371]]

    (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 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 Specifications 3 and 4 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 Specifications 3 and 4 of 
appendix B to part 60. The owner or operator shall use EPA Method 3 of 
appendix A-3 to part 60 and EPA Method 10, 10A or 10B of appendix A-4 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.

[[Page 372]]

    (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 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;

[[Page 373]]

    (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 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.

[[Page 374]]

    (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 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

[[Page 375]]

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.
    (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

[[Page 376]]

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) All rolling 7-day 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.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56473, Sep. 12, 2012]



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

[[Page 377]]

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 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

[[Page 378]]

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 
applicable emission limit (dry basis, 0 percent excess air).



Sec. 60.107a  Monitoring of emissions and operations for fuel gas 
combustion devices and flares.

    (a) Fuel gas combustion devices subject to SO2 or 
H2S limit and flares subject to H2S concentration 
requirements. The owner or operator of a fuel gas combustion device that 
is subject to Sec. 60.102a(g)(1) and elects to comply with the 
SO2 emission limits in Sec. 60.102a(g)(1)(i) shall comply 
with the requirements in paragraph (a)(1) of this section. The owner or 
operator of a fuel gas combustion device that is subject to Sec. 
60.102a(g)(1) and elects to comply with the H2S concentration 
limits in Sec. 60.102a(g)(1)(ii) or a flare that is subject to the 
H2S concentration requirement in Sec. 60.103a(h) shall 
comply with paragraph (a)(2) of this section.
    (1) The owner or operator of a fuel gas combustion device that 
elects to comply with 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.

[[Page 379]]

    (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 that 
elects to comply with the H2S concentration limits in Sec. 
60.102a(g)(1)(ii) or a flare that is subject to the H2S 
concentration requirement in Sec. 60.103a(h) 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 or 
flare.
    (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 300 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 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 or flares 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 in the respective fuel gas combustion devices 
or flares.
    (v) The owner or operator of a flare subject to Sec. 60.103a(c) 
through (e) may use the instrument required in paragraph (e)(1) of this 
section to demonstrate compliance with the H2S concentration 
requirement in Sec. 60.103a(h) if the owner or operator complies with 
the requirements of paragraph (e)(1)(i) through (iv) and if the 
instrument has a span (or dual span, if necessary) capable of accurately 
measuring concentrations between 20 and 300 ppmv. If the instrument 
required in paragraph (e)(1) of this section is used to demonstrate 
compliance with the H2S concentration requirement, the 
concentration directly measured by the instrument must meet the numeric 
concentration in Sec. 60.103a(h).
    (vi) The owner or operator of modified flare that meets all three 
criteria in paragraphs (a)(2)(vi)(A) through (C) of this section shall 
comply with the requirements of paragraphs (a)(2)(i) through (v) of this 
section no later than November 11, 2015. The owner or operator shall 
comply with the approved alternative monitoring plan or plans pursuant 
to Sec. 60.13(i) until the flare is in compliance with requirements of 
paragraphs (a)(2)(i) through (v) of this section.
    (A) The flare was an affected facility subject to subpart J of this 
part prior to becoming an affected facility under Sec. 60.100a.
    (B) The owner or operator had an approved alternative monitoring 
plan or plans pursuant to Sec. 60.13(i) for all fuel gases combusted in 
the flare.
    (C) The flare did not have in place on or before September 12, 2012 
an instrument for continuously monitoring and recording the 
concentration by volume (dry basis) of H2S in the fuel gases 
that is capable of complying with the requirements of paragraphs 
(a)(2)(i) through (v) of this section.
    (3) The owner or operator of a fuel gas combustion device or flare 
is not required to comply with paragraph (a)(1) or (2) of this section 
for fuel gas streams that are exempt under Sec. Sec. 60.102a(g)(1)(iii) 
or 60.103a(h) or, for fuel gas streams combusted in a process heater, 
other fuel gas combustion device or flare 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.

[[Page 380]]

    (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 or flare 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) or flare(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 typical range of H2S concentration (fuel 
quality) expected for the fuel gas stream/system going to the affected 
fuel gas combustion device or flare (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

[[Page 381]]

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 
of a fuel gas combustion device must also determine a rolling 365-day 
average using the stain sampling results; an average H2S 
concentration of 5 ppmv must be used for days within the rolling 365-day 
period prior to the operation change.
    (c) Process heaters complying with the NOX concentration-
based limit. The owner or operator of a process heater subject to the 
NOX emissions limit in Sec. 60.102a(g)(2) and electing to 
comply with the applicable emissions limit in Sec. 60.102a(g)(2)(i)(A), 
(g)(2)(ii)(A), (g)(2)(iii)(A) or (g)(2)(iv)(A) 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 according to the 
requirements in paragraphs (c)(1) through (5) of this section, except as 
provided in paragraph (c)(6) of this section. The monitor must include 
an O2 monitor for correcting the data for excess air.
    (1) Except as provided in paragraph (c)(6) of this section, 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 
must be between 2 and 3 times the applicable emissions limit, inclusive.
    (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.
    (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 combustion 
modification-based technology to reduce NOX emissions (i.e., 
low-NOX burners, ultra-

[[Page 382]]

low-NOX burners) may elect to comply with the monitoring 
requirements in paragraphs (c)(1) through (5) of this section or, 
alternatively, the owner or operator of such a process heater shall 
conduct biennial performance tests according to the requirements in 
Sec. 60.104a(i), establish a maximum excess O2 operating 
limit or operating curve according to the requirements in Sec. 
60.104a(i)(6) and comply with the O2 monitoring requirements 
in paragraphs (c)(3) through (5) of this section to demonstrate 
compliance. If an O2 operating curve is used (i.e., if 
different O2 operating limits are established for different 
operating ranges), the owner or operator of the process heater must also 
monitor fuel gas flow rate, fuel oil flow rate (as applicable) and 
heating value content according to the methods provided in paragraphs 
(d)(5), (d)(6), and (d)(4) or (d)(7) of this section, respectively.
    (d) Process heaters complying with the NOX heating value-
based or mass-based limit. The owner or operator of a process heater 
subject to the NOX emissions limit in Sec. 60.102a(g)(2) and 
electing to comply with the applicable emissions limit in Sec. 
60.102a(g)(2)(i)(B) or (g)(2)(ii)(B) 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 and shall determine the F factor of the 
fuel gas stream no less frequently than once per day according to the 
monitoring requirements in paragraphs (d)(1) through (4) of this 
section. The owner or operator of a co-fired process heater subject to 
the NOX emissions limit in Sec. 60.102a(g)(2) and electing 
to comply with the heating value-based limit in Sec. 
60.102a(g)(2)(iii)(B) or (g)(2)(iv)(B) 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 according to the monitoring requirements 
in paragraph (d)(1) of this section; install, operate, calibrate and 
maintain an instrument for continuously monitoring and recording the 
flow rate of the fuel gas and fuel oil fed to the process heater 
according to the monitoring requirements in paragraph (d)(5) and (6) of 
this section; for fuel gas streams, determine gas composition according 
to the requirements in paragraph (d)(4) of this section or the higher 
heating value according to the requirements in paragraph (d)(7) of this 
section; and for fuel oil streams, determine the heating value according 
to the monitoring requirements in paragraph (d)(7) of this section.
    (1) Except as provided in paragraph (d)(8) of this section, the 
owner or operator shall install, operate and maintain each 
NOX monitor according to the requirements in paragraphs 
(c)(1) through (5) of this section. The monitor must include an 
O2 monitor for correcting the data for excess air.
    (2) Except as provided in paragraph (d)(3) of this section, the 
owner or operator shall sample and analyze each fuel stream fed to the 
process heater using the methods and equations in section 12.3.2 of EPA 
Method 19 of appendix A-7 to part 60 to determine the F factor on a dry 
basis. If a single fuel gas system provides fuel gas to several process 
heaters, the F factor may be determined at a single location in the fuel 
gas system provided it is representative of the fuel gas fed to the 
affected process heater(s).
    (3) As an alternative to the requirements in paragraph (d)(2) of 
this section, the owner or operator of a gas-fired process heater shall 
install, operate and maintain a gas composition analyzer and determine 
the average F factor of the fuel gas using the factors in Table 1 of 
this subpart and Equation 10 of this section. If a single fuel gas 
system provides fuel gas to several process heaters, the F factor may be 
determined at a single location in the fuel gas system provided it is 
representative of the fuel gas fed to the affected process heater(s).

[[Page 383]]

[GRAPHIC] [TIFF OMITTED] TR12SE12.008

Where:

Fd = F factor on dry basis at 0-percent excess air, dscf/
          MMBtu.
Xi = mole or volume fraction of each component in the fuel 
          gas.
MEVi = molar exhaust volume, dry standard cubic feet per mole 
          (dscf/mol).
MHCi = molar heat content, Btu per mole (Btu/mol).
1,000,000 = unit conversion, Btu per MMBtu.

    (4) The owner or operator shall conduct performance evaluations of 
each compositional monitor according to the requirements in Performance 
Specification 9 of appendix B to part 60. Any of the following methods 
shall be used for conducting the relative accuracy evaluations:
    (i) EPA Method 18 of appendix A-6 to part 60;
    (ii) ASTM D1945-03 (Reapproved 2010)(incorporated by reference-see 
Sec. 60.17);
    (iii) ASTM D1946-90 (Reapproved 2006)(incorporated by reference-see 
Sec. 60.17);
    (iv) ASTM D6420-99 (Reapproved 2004)(incorporated by reference-see 
Sec. 60.17);
    (v) GPA 2261-00 (incorporated by reference-see Sec. 60.17); or
    (vi) ASTM UOP539-97 (incorporated by reference-see Sec. 60.17).
    (5) The owner or operator shall install, operate and maintain fuel 
gas flow monitors according to the manufacturer's recommendations. For 
volumetric flow meters, temperature and pressure monitors must be 
installed in conjunction with the flow meter or in a representative 
location to correct the measured flow to standard conditions (i.e., 68 
[deg]F and 1 atmosphere). For mass flow meters, use gas compositions 
determined according to paragraph (d)(4) of this section to determine 
the average molecular weight of the fuel gas and convert the mass flow 
to a volumetric flow at standard conditions (i.e., 68 [deg]F and 1 
atmosphere). The owner or operator shall conduct performance evaluations 
of each fuel gas flow monitor according to the requirements in Sec. 
60.13 and Performance Specification 6 of appendix B to part 60. Any of 
the following methods shall be used for conducting the relative accuracy 
evaluations:
    (i) EPA Method 2, 2A, 2B, 2C or 2D of Appendix A-2 to part 60;
    (ii) ASME MFC-3M-2004 (incorporated by reference-see Sec. 60.17);
    (iii) ANSI/ASME MFC-4M-1986 (Reaffirmed 2008) (incorporated by 
reference-see Sec. 60.17);
    (iv) ASME MFC-6M-1998 (Reaffirmed 2005) (incorporated by reference-
see Sec. 60.17);
    (v) ASME/ANSI MFC-7M-1987 (Reaffirmed 2006) (incorporated by 
reference-see Sec. 60.17);
    (vi) ASME MFC-11M-2006 (incorporated by reference-see Sec. 60.17);
    (vii) ASME MFC-14M-2003 (incorporated by reference-see Sec. 60.17);
    (viii) ASME MFC-18M-2001 (incorporated by reference-see Sec. 
60.17);
    (ix) AGA Report No. 3, Part 1 (incorporated by reference-see Sec. 
60.17);
    (x) AGA Report No. 3, Part 2 (incorporated by reference-see Sec. 
60.17);
    (xi) AGA Report No. 11 (incorporated by reference-see Sec. 60.17);
    (xii) AGA Report No. 7 (incorporated by reference-see Sec. 60.17); 
and
    (xiii) API Manual of Petroleum Measurement Standards, Chapter 22, 
Section 2 (incorporated by reference-see Sec. 60.17).
    (6) The owner or operator shall install, operate and maintain each 
fuel oil flow monitor according to the manufacturer's recommendations. 
The owner or operator shall conduct performance evaluations of each fuel 
oil flow monitor according to the requirements in Sec. 60.13 and 
Performance Specification 6 of Appendix B to part 60. Any of the 
following methods shall be used for conducting the relative accuracy 
evaluations:
    (i) Any one of the methods listed in paragraph (d)(5) of this 
section that are applicable to fuel oil (i.e., ``fluids'');

[[Page 384]]

    (ii) ANSI/ASME-MFC-5M-1985 (Reaffirmed 2006) (incorporated by 
reference-see Sec. 60.17);
    (iii) ASME/ANSI MFC-9M-1988 (Reaffirmed 2006) (incorporated by 
reference-see Sec. 60.17);
    (iv) ASME MFC-16-2007 (incorporated by reference-see Sec. 60.17);
    (v) ASME MFC-22-2007 (incorporated by reference-see Sec. 60.17); or
    (vi) ISO 8316 (incorporated by reference-see Sec. 60.17).
    (7) The owner or operator shall determine the higher heating value 
of each fuel fed to the process heater using any of the applicable 
methods included in paragraphs (d)(7)(i) through (ix) of this section. 
If a common fuel supply system provides fuel gas or fuel oil to several 
process heaters, the higher heating value of the fuel in each fuel 
supply system may be determined at a single location in the fuel supply 
system provided it is representative of the fuel fed to the affected 
process heater(s). The higher heating value of each fuel fed to the 
process heater must be determined no less frequently than once per day 
except as provided in paragraph (d)(7)(x) of this section.
    (i) ASTM D240-02 (Reapproved 2007) (incorporated by reference-see 
Sec. 60.17).
    (ii) ASTM D1826-94 (Reapproved 2003) (incorporated by reference-see 
Sec. 60.17).
    (iii) ASTM D1945-03 (Reapproved 2010) (incorporated by reference-see 
Sec. 60.17).
    (iv) ASTM D1946-90 (Reapproved 2006) (incorporated by reference-see 
Sec. 60.17).
    (v) ASTM D3588-98 (Reapproved 2003) (incorporated by reference-see 
Sec. 60.17).
    (vi) ASTM D4809-06 (incorporated by reference-see Sec. 60.17).
    (vii) ASTM D4891-89 (Reapproved 2006) (incorporated by reference-see 
Sec. 60.17).
    (viii) GPA 2172-09 (incorporated by reference-see Sec. 60.17).
    (ix) Any of the methods specified in section 2.2.7 of Appendix D to 
part 75.
    (x) If the fuel oil supplied to the affected co-fired process heater 
originates from a single storage tank, the owner or operator may elect 
to use the storage tank sampling method in section 2.2.4.2 of Appendix D 
to part 75 instead of daily sampling, except that the most recent value 
for heating content must be used.
    (8) The owner or operator of a process heater that has a rated 
heating capacity of less than 100 MMBtu and is equipped with combustion 
modification based technology to reduce NOX emissions (i.e., 
low-NOX burners or ultra-low NOX burners) may 
elect to comply with the monitoring requirements in paragraphs (d)(1) 
through (7) of this section or, alternatively, the owner or operator of 
such a process heater shall conduct biennial performance tests according 
to the requirements in Sec. 60.104a(i), establish a maximum excess 
O2 operating limit or operating curve according to the 
requirements in Sec. 60.104a(i)(6) and comply with the O2 
monitoring requirements in paragraphs (c)(3) through (5) of this section 
to demonstrate compliance. If an O2 operating curve is used 
(i.e., if different O2 operating limits are established for 
different operating ranges), the owner or operator of the process heater 
must also monitor fuel gas flow rate, fuel oil flow rate (as applicable) 
and heating value content according to the methods provided in 
paragraphs (d)(5), (d)(6), and (d)(4) or (d)(7) of this section, 
respectively.
    (e) Sulfur monitoring for assessing root cause analysis threshold 
for affected flares. Except as described in paragraphs (e)(4) and (h) of 
this section, the owner or operator of an affected flare subject to 
Sec. 60.103a(c) through (e) shall determine the total reduced sulfur 
concentration for each gas line directed to the affected flare in 
accordance with either paragraph (e)(1), (e)(2) or (e)(3) of this 
section. Different options may be elected for different gas lines. If a 
monitoring system is in place that is capable of complying with the 
requirements related to either paragraph (e)(1), (e)(2) or (e)(3) of 
this section, the owner or operator of a modified flare must comply with 
the requirements related to either paragraph (e)(1), (e)(2) or (e)(3) of 
this section upon startup of the modified flare. If a monitoring system 
is not in place that is capable of complying with the requirements 
related to either paragraph (e)(1), (e)(2) or (e)(3) of this section, 
the owner or operator of a modified flare must comply with the 
requirements related to either paragraph (e)(1), (e)(2) or (e)(3) of 
this section no later than November 11, 2015 or

[[Page 385]]

upon startup of the modified flare, whichever is later.
    (1) Total reduced sulfur monitoring requirements. The owner or 
operator shall install, operate, calibrate and maintain an instrument 
for continuously monitoring and recording the concentration of total 
reduced sulfur in gas discharged to the flare.
    (i) The owner or operator shall install, operate and maintain each 
total reduced sulfur monitor according to Performance Specification 5 of 
Appendix B to part 60. The span value should be determined based on the 
maximum sulfur content of gas that can be discharged to the flare (e.g., 
roughly 1.1 to 1.3 times the maximum anticipated sulfur concentration), 
but may be no less than 5,000 ppmv. A single dual range monitor may be 
used to comply with the requirements of this paragraph and paragraph 
(a)(2) of this section provided the applicable span specifications are 
met.
    (ii) The owner or operator shall conduct performance evaluations of 
each total reduced sulfur monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 5 of Appendix B to part 60. For 
flares that routinely have flow, the owner or operator of each total 
reduced sulfur monitor shall use EPA Method 15A of Appendix A-5 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981 (incorporated by reference-see Sec. 60.17) is an 
acceptable alternative to EPA Method 15A of Appendix A-5 to part 60. The 
alternative relative accuracy procedures described in section 16.0 of 
Performance Specification 2 of Appendix B to part 60 (cylinder gas 
audits) may be used for conducting the relative accuracy evaluations. 
For flares that do not receive routine flow, the alternative relative 
accuracy procedures described in section 16.0 of Performance 
Specification 2 of Appendix B to part 60 (cylinder gas audits) may be 
used for conducting the relative accuracy evaluations, except that it is 
not necessary to include as much of the sampling probe or sampling line 
as practical.
    (iii) The owner or operator shall comply with the applicable quality 
assurance procedures in Appendix F to part 60 for each total reduced 
sulfur monitor.
    (2) H2S monitoring requirements. The owner or operator 
shall install, operate, calibrate, and maintain an instrument for 
continuously monitoring and recording the concentration of 
H2S in gas discharged to the flare according to the 
requirements in paragraphs (e)(2)(i) through (iii) of this section and 
shall collect and analyze samples of the gas and calculate total sulfur 
concentrations as specified in paragraphs (e)(2)(iv) through (ix) of 
this section.
    (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 should be determined based on the 
maximum sulfur content of gas that can be discharged to the flare (e.g., 
roughly 1.1 to 1.3 times the maximum anticipated sulfur concentration), 
but may be no less than 5,000 ppmv. A single dual range H2S 
monitor may be used to comply with the requirements of this paragraph 
and paragraph (a)(2) of this section provided the applicable span 
specifications are met.
    (ii) The owner or operator shall conduct performance evaluations of 
each H2S monitor according to the requirements in Sec. 
60.13(c) and Performance Specification 7 of Appendix B to part 60. For 
flares that routinely have flow, the owner or operator shall use EPA 
Method 11, 15 or 15A of Appendix A-5 to part 60 for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981 
(incorporated by reference--see Sec. 60.17) is an acceptable 
alternative to EPA Method 15A of Appendix A-5 to part 60. The 
alternative relative accuracy procedures described in section 16.0 of 
Performance Specification 2 of Appendix B to part 60 (cylinder gas 
audits) may be used for conducting the relative accuracy evaluations. 
For flares that do not receive routine flow, the alternative relative 
accuracy procedures described in section 16.0 of Performance 
Specification 2 of Appendix B to part 60 (cylinder gas audits) may be 
used for conducting the relative accuracy evaluations, except that it is 
not necessary to include as much of the sampling probe or sampling line 
as practical.

[[Page 386]]

    (iii) The owner or operator shall comply with the applicable quality 
assurance procedures in Appendix F to part 60 for each H2S 
monitor.
    (iv) In the first 10 operating days after the date the flare must 
begin to comply with Sec. 60.103a(c)(1), the owner or operator shall 
collect representative daily samples of the gas discharged to the flare. 
The samples may be grab samples or integrated samples. The owner or 
operator shall take subsequent representative daily samples at least 
once per week or as required in paragraph (e)(2)(ix) of this section.
    (v) The owner or operator shall analyze each daily sample for total 
sulfur using either EPA Method 15A of Appendix A-5 to part 60, EPA 
Method 16A of Appendix A-6 to part 60, ASTM Method D4468-85 (Reapproved 
2006) (incorporated by reference--see Sec. 60.17) or ASTM Method D5504-
08 (incorporated by reference--see Sec. 60.17).
    (vi) The owner or operator shall develop a 10-day average total 
sulfur-to-H2S ratio and 95-percent confidence interval as 
follows:
    (A) Calculate the ratio of the total sulfur concentration to the 
H2S concentration for each day during which samples are 
collected.
    (B) Determine the 10-day average total sulfur-to-H2S 
ratio as the arithmetic average of the daily ratios calculated in 
paragraph (e)(2)(vi)(A) of this section.
    (C) Determine the acceptable range for subsequent weekly samples 
based on the 95-percent confidence interval for the distribution of 
daily ratios based on the 10 individual daily ratios using Equation 11 
of this section.
[GRAPHIC] [TIFF OMITTED] TR12SE12.009

Where:

AR = Acceptable range of subsequent ratio determinations, unitless.
RatioAvg = 10-day average total sulfur-to-H2S 
          concentration ratio, unitless.
2.262 = t-distribution statistic for 95-percent 2-sided confidence 
          interval for 10 samples (9 degrees of freedom).
SDev = Standard deviation of the 10 daily average total sulfur-to-
          H2S concentration ratios used to develop the 10-day 
          average total sulfur-to-H2S concentration ratio, 
          unitless.

    (vii) For each day during the period when data are being collected 
to develop a 10-day average, the owner or operator shall estimate the 
total sulfur concentration using the measured total sulfur concentration 
measured for that day.
    (viii) For all days other than those during which data are being 
collected to develop a 10-day average, the owner or operator shall 
multiply the most recent 10-day average total sulfur-to-H2S 
ratio by the daily average H2S concentrations obtained using 
the monitor as required by paragraph (e)(2)(i) through (iii) of this 
section to estimate total sulfur concentrations.
    (ix) If the total sulfur-to-H2S ratio for a subsequent 
weekly sample is outside the acceptable range for the most recent 
distribution of daily ratios, the owner or operator shall develop a new 
10-day average ratio and acceptable range based on data for the outlying 
weekly sample plus data collected over the following 9 operating days.
    (3) SO2 monitoring requirements. The owner or operator 
shall install, operate, calibrate and maintain an instrument for 
continuously monitoring and recording the concentration of 
SO2 from a process heater or other fuel gas combustion device 
that is combusting gas representative of the fuel gas in the flare gas 
line according to the requirements in paragraph (a)(1) of this section, 
determine the F factor of the fuel gas at least daily according to the 
requirements in paragraphs (d)(2) through (4) of this section, determine 
the higher heating value of the fuel gas at least daily according to the 
requirements in paragraph (d)(7) of this section and calculate the total 
sulfur content (as SO2) in the fuel gas using Equation 12 of 
this section.

[[Page 387]]

[GRAPHIC] [TIFF OMITTED] TR12SE12.010

Where:

TSFG = Total sulfur concentration, as SO2, in the 
          fuel gas, ppmv.
CSO2 = Concentration of SO2 in the exhaust gas, 
          ppmv (dry basis at 0-percent excess air).
Fd = F factor gas on dry basis at 0-percent excess air, dscf/
          MMBtu.
HHVFG = Higher heating value of the fuel gas, MMBtu/scf.

    (4) Exemptions from sulfur monitoring requirements. Flares 
identified in paragraphs (e)(4)(i) through (iv) of this section are 
exempt from the requirements in paragraphs (e)(1) through (3) of this 
section. For each such flare, except as provided in paragraph 
(e)(4)(iv), engineering calculations shall be used to calculate the 
SO2 emissions in the event of a discharge that may trigger a 
root cause analysis under Sec. 60.103a(c)(1).
    (i) Flares that can only receive:
    (A) Fuel gas streams that are inherently low in sulfur content as 
described in paragraph (a)(3)(i) through (iv) of this section; and/or
    (B) Fuel gas streams that are inherently low in sulfur content for 
which the owner or operator has applied for an exemption from the 
H2S monitoring requirements as described in paragraph (b) of 
this section.
    (ii) Emergency flares, provided that for each such flare, the owner 
or operator complies with the monitoring alternative in paragraph (g) of 
this section.
    (iii) Flares equipped with flare gas recovery systems designed, 
sized and operated to capture all flows except those resulting from 
startup, shutdown or malfunction, provided that for each such flare, the 
owner or operator complies with the monitoring alternative in paragraph 
(g) of this section.
    (iv) Secondary flares that receive gas diverted from the primary 
flare. In the event of a discharge from the secondary flare, the sulfur 
content measured by the sulfur monitor on the primary flare should be 
used to calculate SO2 emissions, regardless of whether or not 
the monitoring alternative in paragraph (g) of this section is selected 
for the secondary flare.
    (f) Flow monitoring for flares. Except as provided in paragraphs 
(f)(2) and (h) of this section, the owner or operator of an affected 
flare subject to Sec. 60.103a(c) through (e) shall install, operate, 
calibrate and maintain, in accordance with the specifications in 
paragraph (f)(1) of this section, a CPMS to measure and record the flow 
rate of gas discharged to the flare. If a flow monitor is not already in 
place, the owner or operator of a modified flare shall comply with the 
requirements of this paragraph by no later than November 11, 2015 or 
upon startup of the modified flare, whichever is later.
    (1) The owner or operator shall install, calibrate, operate and 
maintain each flow monitor according to the manufacturer's procedures 
and specifications and the following requirements.
    (i) Locate the monitor in a position that provides a representative 
measurement of the total gas flow rate.
    (ii) Use a flow sensor with a measurement sensitivity of no more 
than 5 percent of the flow rate or 10 cubic feet per minute, whichever 
is greater.
    (iii) Use a flow monitor that is maintainable online, is able to 
continuously correct for temperature and pressure and is able to record 
flow in standard conditions (as defined in Sec. 60.2) over one-minute 
averages.
    (iv) At least quarterly, perform a visual inspection of all 
components of the monitor for physical and operational integrity and all 
electrical connections for oxidation and galvanic corrosion if the flow 
monitor is not equipped with a redundant flow sensor.
    (v) Recalibrate the flow monitor in accordance with the 
manufacturer's procedures and specifications biennially (every two 
years) or at the frequency specified by the manufacturer.
    (2) Emergency flares, secondary flares and flares equipped with 
flare gas recovery systems designed, sized and operated to capture all 
flows except those resulting from startup, shutdown or malfunction are 
not required to install continuous flow monitors; provided, however, 
that for any

[[Page 388]]

such flare, the owner or operator shall comply with the monitoring 
alternative in paragraph (g) of this section.
    (g) Alternative monitoring for certain flares equipped with water 
seals. The owner or operator of an affected flare subject to Sec. 
60.103a(c) through (e) that can be classified as either an emergency 
flare, a secondary flare or a flare equipped with a flare gas recovery 
system designed, sized and operated to capture all flows except those 
resulting from startup, shutdown or malfunction may, as an alternative 
to the sulfur and flow monitoring requirements of paragraphs (e) and (f) 
of this section, install, operate, calibrate and maintain, in accordance 
with the requirements in paragraphs (g)(1) through (7) of this section, 
a CPMS to measure and record the pressure in the flare gas header 
between the knock-out pot and water seal and to measure and record the 
water seal liquid level. If the required monitoring systems are not 
already in place, the owner or operator of a modified flare shall comply 
with the requirements of this paragraph by no later than November 11, 
2015 or upon startup of the modified flare, whichever is later.
    (1) Locate the pressure sensor(s) in a position that provides a 
representative measurement of the pressure and locate the liquid seal 
level monitor in a position that provides a representative measurement 
of the water column height.
    (2) Minimize or eliminate pulsating pressure, vibration and internal 
and external corrosion.
    (3) Use a pressure sensor and level monitor with a minimum tolerance 
of 1.27 centimeters of water.
    (4) Using a manometer, check pressure sensor calibration quarterly.
    (5) Conduct calibration checks any time the pressure sensor exceeds 
the manufacturer's specified maximum operating pressure range or install 
a new pressure sensor.
    (6) In a cascaded flare system that employs multiple secondary 
flares, pressure and liquid level monitoring is required only on the 
first secondary flare in the system (i.e., the secondary flare with the 
lowest pressure release set point).
    (7) This alternative monitoring option may be elected only for 
flares with four or fewer pressure exceedances required to be reported 
under Sec. 60.108a(d)(5) (``reportable pressure exceedances'') in any 
365 consecutive calendar days. Following the fifth reportable pressure 
exceedance in a 365-day period, the owner or operator must comply with 
the sulfur and flow monitoring requirements of paragraphs (e) and (f) of 
this section as soon as practical, but no later than 180 days after the 
fifth reportable pressure exceedance in a 365-day period.
    (h) Alternative monitoring for flares located in the BAAQMD or 
SCAQMD. An affected flare subject to this subpart located in the BAAQMD 
may elect to comply with the monitoring requirements in both BAAQMD 
Regulation 12, Rule 11 and BAAQMD Regulation 12, Rule 12 as an 
alternative to complying with the requirements of paragraphs (e) and (f) 
of this section. An affected flare subject to this subpart located in 
the SCAQMD may elect to comply with the monitoring requirements in 
SCAQMD Rule 1118 as an alternative to complying with the requirements of 
paragraphs (e) and (f) of this section.
    (i) 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) and flares 
subject to the concentration requirement in Sec. 60.103a(h) are defined 
as specified in paragraphs (i)(1) through (5) of this section. Determine 
a rolling 3-hour or a rolling daily average as the arithmetic average of 
the applicable 1-hour averages (e.g., a rolling 3-hour average is the 
arithmetic average of three contiguous 1-hour averages). Determine a 
rolling 30-day or a rolling 365-day average as the arithmetic average of 
the applicable daily averages (e.g., a rolling 30-day average is the 
arithmetic average of 30 contiguous daily averages).
    (1) SO 2 or H2S limits for fuel gas combustion devices. (i) If the 
owner or operator of a fuel gas combustion device elects to comply with 
the SO2 emission limits in Sec. 60.102a(g)(1)(i), each 
rolling 3-hour period during which the average concentration of 
SO2 as measured by the SO2 continuous monitoring 
system required under paragraph (a)(1) of this

[[Page 389]]

section exceeds 20 ppmv, and each rolling 365-day period during which 
the average concentration of SO2 as measured by the 
SO2 continuous monitoring system required under paragraph 
(a)(1) of this section exceeds 8 ppmv.
    (ii) If the owner or operator of a fuel gas combustion device elects 
to comply with the H2S concentration limits in Sec. 
60.102a(g)(1)(ii), each rolling 3-hour period 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 and each rolling 365-day period during which 
the average concentration as measured by the H2S continuous 
monitoring system under paragraph (a)(2) of this section exceeds 60 
ppmv.
    (iii) If the owner or operator of a fuel gas combustion device 
becomes subject to the requirements of daily stain tube sampling in 
paragraph (b)(3)(iii) of this section, each day during which the daily 
concentration of H2S exceeds 162 ppmv and each rolling 365-
day period during which the average concentration of H2S 
exceeds 60 ppmv.
    (2) H2S concentration limits for flares. (i) Each rolling 
3-hour period 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.
    (ii) If the owner or operator of a flare becomes subject to the 
requirements of daily stain tube sampling in paragraph (b)(3)(iii) of 
this section, each day during which the daily concentration of 
H2S exceeds 162 ppmv.
    (3) Rolling 30-day average NOX limits for fuel gas 
combustion devices. Each rolling 30-day period during which the average 
concentration of NOX as measured by the NOX 
continuous monitoring system required under paragraph (c) or (d) of this 
section exceeds:
    (i) For a natural draft process heater, 40 ppmv and, if monitored 
according to Sec. 60.107a(d), 0.040 lb/MMBtu;
    (ii) For a forced draft process heater, 60 ppmv and, if monitored 
according to Sec. 60.107a(d), 0.060 lb/MMBtu; and
    (iii) For a co-fired process heater electing to comply with the 
NOX limit in Sec. 60.102a(g)(2)(iii)(A) or (g)(2)(iv)(A), 
150 ppmv.
    (iv) The site-specific limit determined by the Administrator under 
Sec. 60.102a(i).
    (4) Daily NOX limits for fuel gas combustion devices. 
Each day during which the concentration of NOX as measured by 
the NOX continuous monitoring system required under paragraph 
(d) of this section exceeds the daily average emissions limit calculated 
using Equation 3 in Sec. 60.102a(g)(2)(iii)(B) or Equation 4 in Sec. 
60.102a(g)(2)(iv)(B).
    (5) Daily O2 limits for fuel gas combustion devices. Each 
day during which the concentration of O2 as measured by the 
O2 continuous monitoring system required under paragraph 
(c)(6) of this section exceeds the O2 operating limit or 
operating curve determined during the most recent biennial performance 
test.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56473, Sep. 12, 2012]



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 intends to comply. Each owner or operator of a co-
fired process heater subject to an emissions limitation in Sec. 
60.102a(g)(2)(iii) or (iv) shall submit to the Administrator 
documentation showing that the process heater meets the definition of a 
co-fired process heater in Sec. 60.101a. Notifications required by this 
paragraph 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.
    (2) Records of information to document conformance with bag leak 
detection system operation and maintenance requirements in Sec. 
60.105a(c).

[[Page 390]]

    (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) Records of discharges greater than 500 lb SO2 in any 
24-hour period from any affected flare, discharges greater than 500 lb 
SO2 in excess of the allowable limits from a fuel gas 
combustion device or sulfur recovery plant and discharges to an affected 
flare in excess of 500,000 scf above baseline in any 24-hour period as 
required by Sec. 60.103a(c). If the monitoring alternative provided in 
Sec. 60.107a(g) is selected, the owner or operator shall record any 
instance when the flare gas line pressure exceeds the water seal liquid 
depth, except for periods attributable to compressor staging that do not 
exceed the staging time specified in Sec. 60.103a(a)(3)(vii)(C). The 
following information shall be recorded no later than 45 days following 
the end of a discharge exceeding the thresholds:
    (i) A description of the discharge.
    (ii) 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. 
For a flare, record the measured or calculated cumulative quantity of 
gas discharged to the flare over the discharge duration. If the 
discharge duration exceeds 24 hours, record the quantity of gas 
discharged to the flare for each 24-hour period. Engineering 
calculations are allowed for fuel gas combustion devices, but are not 
allowed for flares, except for those complying with the alternative 
monitoring requirements in Sec. 60.107a(g).
    (iv) For each discharge greater than 500 lb SO2 in any 
24-hour period from a flare, the measured total sulfur concentration or 
both the measured H2S concentration and the estimated total 
sulfur concentration in the fuel gas at a representative location in the 
flare inlet.
    (v) For each discharge greater than 500 lb SO2 in excess 
of the applicable short-term emissions limit in Sec. 60.102a(g)(1) from 
a fuel gas combustion device, either the measured concentration of 
H2S in the fuel gas or the measured concentration of 
SO2 in the stream discharged to the atmosphere. Process 
knowledge can be used to make these estimates for fuel gas combustion 
devices, but cannot be used to make these estimates for flares, except 
as provided in Sec. 60.107a(e)(4).
    (vi) For each discharge greater than 500 lb SO2 in excess 
of the allowable limits from a sulfur recovery plant, either the 
measured concentration of reduced sulfur or SO2 discharged to 
the atmosphere.
    (vii) For each discharge greater than 500 lb SO2 in any 
24-hour period from any affected flare or discharge greater than 500 lb 
SO2 in excess of the allowable limits from a fuel gas 
combustion device or sulfur recovery plant, the cumulative quantity of 
H2S and SO2 released into the atmosphere. For 
releases controlled by flares, assume 99-percent conversion of reduced 
sulfur or total sulfur to SO2. For fuel gas combustion 
devices, assume 99-percent conversion of H2S to 
SO2.
    (viii) The steps that the owner or operator took to limit the 
emissions during the discharge.
    (ix) The root cause analysis and corrective action analysis 
conducted as required in Sec. 60.103a(d), including an identification 
of the affected facility, the date and duration of the discharge, a 
statement noting whether the discharge resulted from the same root 
cause(s) identified in a previous analysis and either a description of 
the recommended corrective action(s) or an explanation of why corrective 
action is not necessary under Sec. 60.103a(e).

[[Page 391]]

    (x) For any corrective action analysis for which corrective actions 
are required in Sec. 60.103a(e), a description of the corrective 
action(s) completed within the first 45 days following the discharge 
and, for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (xi) For each discharge from any affected flare that is the result 
of a planned startup or shutdown of a refinery process unit or ancillary 
equipment connected to the affected flare, a statement that a root cause 
analysis and corrective action analysis are not necessary because the 
owner or operator followed the flare management plan.
    (7) If the owner or operator elects to comply with Sec. 
60.107a(e)(2) for a flare, records of the H2S and total 
sulfur analyses of each grab or integrated sample, the calculated daily 
total sulfur-to-H2S ratios, the calculated 10-day average 
total sulfur-to-H2S ratios and the 95-percent confidence 
intervals for each 10-day average total sulfur-to-H2S ratio.
    (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) The information described in paragraph (c)(6) of this section 
for all discharges listed in paragraph (c)(6) of this section. For a 
flare complying with the monitoring alternative under Sec. 60.107a(g), 
following the fifth discharge required to be recorded under paragraph 
(c)(6) of this section and reported under this paragraph, the owner or 
operator shall include notification that monitoring systems will be 
installed according to Sec. 60.107a(e) and (f) within 180 days 
following the fifth discharge.
    (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.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56479, Sep. 12, 2012]



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 (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 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.
    (4) Approval of an application for an alternative means of emission 
limitation under Sec. 60.103a(j) of this subpart.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56480, Sep. 12, 2012]

[[Page 392]]



 Sec. Table 1 to Subpart Ja of Part 60--Molar Exhaust Volumes and Molar 
                  Heat Content of Fuel Gas Constituents

------------------------------------------------------------------------
                                                      MEV\a\     MHC\b\
                    Constituent                      dscf/mol   Btu/mol
------------------------------------------------------------------------
Methane (CH4).....................................       7.29        842
Ethane (C2H6).....................................      12.96      1,475
Hydrogen (H2).....................................       1.61        269
Ethene (C2H4).....................................      11.34      1,335
Propane (C3H8)....................................      18.62      2,100
Propene (C3H6)....................................      17.02      1,947
Butane (C4H10)....................................      24.30      2,717
Butene (C4H8).....................................      22.69      2,558
Inerts............................................       0.85          0
------------------------------------------------------------------------
\a\ MEV = molar exhaust volume, dry standard cubic feet per gram-mole
  (dscf/g-mol) at standard conditions of 68 [deg]F and 1 atmosphere.
\b\ MHC = molar heat content (higher heating value basis), Btu per gram-
  mole (Btu/g-mol).


[77 FR 56480, Sep. 12, 2012]




  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.
    (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.

[[Page 393]]

    (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 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]

[[Page 394]]



 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.
    (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

[[Page 395]]

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 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

[[Page 396]]

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.
    (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

[[Page 397]]

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 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]

[[Page 398]]



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 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

[[Page 399]]

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 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

[[Page 400]]

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;
    (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

[[Page 401]]

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 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

[[Page 402]]

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'').
    (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)

[[Page 403]]

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 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)

[[Page 404]]

(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 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.

[[Page 405]]

    (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 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.

[[Page 406]]

    (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.
    (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.

[[Page 407]]

    (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.
    (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

[[Page 408]]

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]



     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.

[[Page 409]]

    (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]



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:

[[Page 410]]

    (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 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

[[Page 411]]

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 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.

[[Page 412]]

    (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) 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

[[Page 413]]

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
    (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).

[[Page 414]]

    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 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

[[Page 415]]

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.
    (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

[[Page 416]]

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.
    (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]

[[Page 417]]



     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. 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

[[Page 418]]

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:
    (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.

[[Page 419]]

    (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.
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 
``2540 G. Total, Fixed, and Volatile Solids in Solid and Semisolid 
Samples, in Standard Methods for the Examination of Water and 
Wastewater, 20th Edition, 1998'' (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).

[[Page 420]]

    (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; 79 FR 11250, Feb. 27, 
2014]



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 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

[[Page 421]]

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.
    (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

[[Page 422]]

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:
    (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

[[Page 423]]

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]



      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

[[Page 424]]

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 
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

[[Page 425]]

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 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.

[[Page 426]]

    (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 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.

[[Page 427]]

    (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 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

[[Page 428]]

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, 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

[[Page 429]]

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 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]

[[Page 430]]



    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).
    (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:


[[Page 431]]


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 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

[[Page 432]]

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 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

[[Page 433]]

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:

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]

[[Page 434]]



    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 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:

[[Page 435]]

    (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]



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]

[[Page 436]]



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 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]

[[Page 437]]


    Editorial Note: At 65 FR 61757, Oct. 17, 2000, in Sec. 60.244, 
paragraph (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. Sec. 60.251, 60.252(a), 60.253(a), 
60.254(a), 60.255(a), and 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. Sec. 60.251, 60.252(b)(1) and (c), 
60.253(b), 60.254(b), 60.255(b) through (h), 60.256(b) and (c), 60.257, 
and 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. Sec. 60.251, 60.252(b)(1) through (3), 
and (c), 60.253(b), 60.254(b) and (c), 60.255(b) through (h), 60.256(b) 
and (c), 60.257, and 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:
    (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

[[Page 438]]

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:
    (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

[[Page 439]]

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
    (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

[[Page 440]]

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 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.

[[Page 441]]

    (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 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

[[Page 442]]

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.
    (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.

[[Page 443]]

    (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 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.

[[Page 444]]

    (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.
    (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.

[[Page 445]]

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 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.

[[Page 446]]

    (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 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

[[Page 447]]

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).
    (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

[[Page 448]]

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). 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

[[Page 449]]

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.
    (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

[[Page 450]]

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.
    (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

[[Page 451]]

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 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

[[Page 452]]

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.
    (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

[[Page 453]]

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 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

[[Page 454]]

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.
    (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]

[[Page 455]]



   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 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]

[[Page 456]]



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 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

[[Page 457]]

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).
    (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

[[Page 458]]

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 
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

[[Page 459]]

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 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.

[[Page 460]]

    (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.
    (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.

[[Page 461]]

    (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 equipment or process(es) ducted to the same control device;
    (5) Rated (design) capacity of process equipment;

[[Page 462]]

    (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.
    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

[[Page 463]]

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 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);

[[Page 464]]

    (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 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

[[Page 465]]

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:
    (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;

[[Page 466]]

    (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 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

[[Page 467]]

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.
    (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

[[Page 468]]

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 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

[[Page 469]]

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
    (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

[[Page 470]]

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, 
reconstruction, or modification after September 24, 1976, and on or 
before May 23, 2013 is subject to the requirements of this subpart. Any 
facility under paragraph (a) of this section that commences 
construction, reconstruction, or modification after May 23, 2013 is 
subject to the requirements of subpart BBa of this part.

[51 FR 18544, May 20, 1986, as amended at 79 FR 18966, Apr. 4, 2014]



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 liquor sulfidity of more than 28 percent.

[[Page 471]]

    (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 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

[[Page 472]]

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 12-hour average TRS concentrations under paragraph 
(c)(1) of this section

[[Page 473]]

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 = C meas x (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; 79 FR 11250, Feb. 
27, 2014]



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

[[Page 474]]

matter standards in Sec. 60.282(a) (1) and (3) 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). 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.

[[Page 475]]

    (4) Process data shall be used to determine the black liquor feed 
rate or the pulp production rate (P).
    (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 BBa_Standards of Performance for Kraft Pulp Mill Affected 
    Sources for Which Construction, Reconstruction, or Modification 
                      Commenced After May 23, 2013

    Source: 79 FR 18966, Apr. 4, 2014, unless otherwise noted.



Sec. 60.280a  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. 60.283a(a)(1)(iv), any facility under 
paragraph (a) of this section that commences construction, 
reconstruction or modification after May 23, 2013, is subject to the 
requirements of this subpart. Any facility under paragraph (a) of this 
section that commenced construction, reconstruction, or modification 
after September 24, 1976, and on or before May 23, 2013 is subject to 
the requirements of subpart BB of this part.



Sec. 60.281a  Definitions.

    As used in this subpart, all terms not defined herein must have the 
same meaning given them in the Act and in subpart A.
    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.
    Black liquor solids (BLS) means the dry weight of the solids which 
enter the recovery furnace in the black liquor.
    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.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow-inducing devices that transport gas or vapor from an emission point 
to a control device.
    Condensable particulate matter, for purposes of this subpart, means 
particulate matter (PM) measured by EPA Method 202 of Appendix M of 40 
CFR part 51 that is vapor phase at stack conditions, but condenses and/
or reacts upon cooling and dilution in the ambient air to form solid or 
liquid PM immediately after discharge from the stack.
    Condensate stripper system means a column, and associated 
condensers, used to strip, with air or steam, total reduced sulfur (TRS) 
compounds from condensate streams from various processes within a kraft 
pulp mill.
    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 liquor sulfidity of more than 28 percent.
    Digester system means each continuous digester or each batch 
digester used for the cooking of wood in white

[[Page 476]]

liquor, and associated flash tank(s), blow tank(s), chip steamer(s) 
including chip bins using live steam, and condenser(s).
    Filterable particulate matter, for purposes of this subpart, means 
particulate matter measured by EPA Method 5 of Appendix A-3 of this 
part.
    Green liquor sulfidity means the sulfidity of the liquor which 
leaves the smelt dissolving tank.
    High volume, low concentration (HVLC) closed-vent system means the 
gas collection and transport system used to convey gases from the brown 
stock washer system to a control device.
    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.
    Lime kiln means a unit used to calcine lime mud, which consists 
primarily of calcium carbonate, into quicklime, which is calcium oxide.
    Low volume, high concentration (LVHC) closed-vent system means the 
gas collection and transport system used to convey gases from the 
digester system, condensate stripper system, and multiple-effect 
evaporator system to a control device.
    Monitoring system malfunction means a 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. The owner or 
operator is required to implement 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.
    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).
    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).
    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.
    Smelt dissolving tank means a vessel used for dissolving the smelt 
collected from the recovery furnace.
    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.
    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 of Appendix A-6 of this part.



Sec. 60.282a  Standard for filterable 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 modified recovery furnace any gases which:
    (i) Contain filterable particulate matter in excess of 0.10 gram per 
dry standard cubic meter (g/dscm) (0.044 grain per dry standard cubic 
foot (gr/dscf)) corrected to 8-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an electrostatic 
precipitator (ESP) emission control device is used, except where it is 
used in combination with a wet scrubber.
    (2) From any new or reconstructed recovery furnace any gases which:
    (i) Contain filterable particulate matter in excess of 0.034 g/dscm 
(0.015 gr/dscf) corrected to 8-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.

[[Page 477]]

    (3) From any modified or reconstructed smelt dissolving tank, or 
from any new smelt dissolving tank that is not associated with a new or 
reconstructed recovery furnace subject to the provisions of paragraph 
(a)(2) of this section, any gases which contain filterable particulate 
matter in excess of 0.1 gram per kilogram (g/kg) (0.2 pound per ton (lb/
ton)) of black liquor solids (dry weight).
    (4) From any new smelt dissolving tank associated with a new or 
reconstructed recovery furnace subject to the provisions of paragraph 
(a)(2) of this section, any gases which contain filterable particulate 
matter in excess of 0.060 g/kg (0.12 lb/ton) black liquor solids (dry 
weight).
    (5) From any modified lime kiln any gases which:
    (i) Contain filterable particulate matter in excess of 0.15 g/dscm 
(0.064 gr/dscf) corrected to 10-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (6) From any new or reconstructed lime kiln any gases which:
    (i) Contain filterable particulate matter in excess of 0.023 g/dscm 
(0.010 gr/dscf) corrected to 10-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (b) These standards apply at all times as specified in Sec. Sec. 
60.284a and 60.285a.
    (c) The exemptions to opacity standards under 40 CFR 60.11(c) do not 
apply to subpart BBa.



Sec. 60.283a  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 must 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 parts per million (ppm) by volume on a dry 
basis, corrected to 10-percent oxygen, unless one of the following 
conditions are met:
    (i) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec. 63.450 and combusted in a lime kiln 
subject to the provisions of either paragraph (a)(5) of this section or 
Sec. 60.283(a)(5); or
    (ii) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec. 63.450 and combusted in a recovery 
furnace subject to the provisions of either paragraphs (a)(2) or (3) of 
this section or Sec. 60.283(a)(2) or (3); or
    (iii) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec. 63.450 and 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 (or 
subpart BB of this part), and are subjected to a minimum temperature of 
650 [deg]C (1200 14 [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 collected in an LVHC or HVLC closed-
vent system meeting the requirements of Sec. 63.450 and controlled by a 
means other than combustion. In this case, this system must 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 (0.01 lb/
ton) air dried pulp (ADP).
    (2) From any straight kraft recovery furnace any gases which contain 
TRS in excess of 5 ppm by volume on a dry basis, corrected to 8-percent 
oxygen.

[[Page 478]]

    (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 (0.033 lb/ton) of black liquor solids as hydrogen 
sulfide (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.
    (b) These standards apply at all times as specified in Sec. Sec. 
60.284a and 60.285a.



Sec. 60.284a  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
must install, calibrate, maintain, and operate the continuous monitoring 
systems specified in paragraphs (a)(1) and (2) of this section:
    (1) A continuous monitoring system to monitor and record the opacity 
of the gases discharged into the atmosphere from any recovery furnace or 
lime kiln using an ESP emission control device, except as specified in 
paragraph (b)(4) of this section. The span of this system must be set at 
70-percent opacity. You must install, certify, and operate the 
continuous opacity monitoring system in accordance with Performance 
Specification (PS) 1 in Appendix B to 40 CFR part 60.
    (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. 60.283a(a)(1)(iii) or (iv) 
apply. You must install, certify, and operate the continuous TRS 
monitoring system in accordance with Performance Specification (PS) 5 in 
Appendix B to 40 CFR part 60. You must install, certify, and operate the 
continuous oxygen monitoring system in accordance with Performance 
Specification (PS) 3 in Appendix B to 40 CFR part 60. These systems must 
be located downstream of the control device(s). The range of the 
continuous monitoring system must encompass all expected concentration 
values, including the zero and span values used for calibration. The 
spans of these continuous monitoring system(s) must 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 
must be set at 50 ppm.
    (ii) At 21-percent oxygen for the continuous oxygen monitoring 
system.
    (b) Any owner or operator subject to the provisions of this subpart 
must install, calibrate, maintain, and operate the following continuous 
parameter monitoring devices specified in paragraphs (b)(1) through (4) 
of this section.
    (1) For any incinerator, a monitoring device for the continuous 
measurement of 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, or condensate 
stripper system where the provisions of Sec. 60.283a(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 recovery furnace, lime kiln, or smelt dissolving tank 
using a wet scrubber emission control device:
    (i) A monitoring device for the continuous measurement of the 
pressure drop 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 (2 inches water gage pressure).
    (ii) A monitoring device for the continuous measurement of the 
scrubbing liquid flow rate. The monitoring device used for continuous 
measurement of the scrubbing liquid flow rate must be certified by the 
manufacturer to be accurate within 5 percent of 
the design scrubbing liquid flow rate.
    (iii) As an alternative to pressure drop measurement under paragraph 
(b)(2)(i) of this section, a monitoring device for measurement of fan 
amperage may be used for smelt dissolving tank dynamic scrubbers that 
operate at ambient pressure or for low-energy entrainment scrubbers 
where the fan speed does not vary.

[[Page 479]]

    (iv) As an alternative to scrubbing liquid flow rate measurement 
under paragraph (b)(2)(ii) of this section, a monitoring device for 
measurement of scrubbing liquid supply pressure may be used. 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.
    (3) For any recovery furnace or lime kiln using an ESP emission 
control device, the owner or operator must use the continuous parameter 
monitoring devices specified in paragraphs (b)(3)(i) and (ii) of this 
section.
    (i) A monitoring device for the continuous measurement of the 
secondary voltage of each ESP collection field.
    (ii) A monitoring device for the continuous measurement of the 
secondary current of each ESP collection field.
    (iii) Total secondary power may be calculated as the product of the 
secondary voltage and secondary current measurements for each ESP 
collection field and used to demonstrate compliance as an alternative to 
the secondary voltage and secondary current measurements.
    (4) For any recovery furnace or lime kiln using an ESP followed by a 
wet scrubber, the owner or operator must use the continuous parameter 
monitoring devices specified in paragraphs (b)(2) and (3) of this 
section. The opacity monitoring system specified in paragraph (a)(1) of 
this section is not required for combination ESP/wet scrubber control 
device systems.
    (c) Monitor operation and calculations. Any owner or operator 
subject to the provisions of this subpart must follow the procedures for 
collecting and reducing monitoring data and setting operating limits in 
paragraphs (c)(1) through (6) of this section. Subpart A of this part 
specifies methods for reducing continuous opacity monitoring system 
data.
    (1) Any owner or operator subject to the provisions of this subpart 
must, except where the provisions of Sec. 60.283a(a)(1)(iii) or (iv) 
apply, perform the following:
    (i) 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 must be determined as the arithmetic mean of the 
appropriate 12 contiguous 1-hour average TRS concentrations provided by 
each continuous monitoring system installed under paragraph (a)(2) of 
this section.
    (ii) 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 must 
correspond to the 12-hour average TRS concentrations under paragraph 
(c)(1)(i) of this section and must 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.
    (iii) 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 must 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. 
60.283a(a)(1)(v) apply must not be corrected for oxygen content:

Ccorr = Cmeas x (21-X/21-Y)

Where:

Ccorr = the concentration corrected for oxygen.
Cmeas = the 12-hour average of the measured concentrations 
          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 12-hour average of the measured volumetric oxygen concentration.

    (2) Record at least once each successive 5-minute period all 
measurements obtained from the continuous monitoring devices installed 
under paragraph (b)(1) of this section. Calculate 3-hour block averages 
from the recorded measurements of incinerator temperature. Temperature 
measurements recorded when no TRS emissions are

[[Page 480]]

fired in the incinerator (e.g., during incinerator warm-up and cool-down 
periods when no TRS emissions are generated or an alternative control 
device is used) may be omitted from the block average calculation.
    (3) Record at least once each successive 15-minute period all 
measurements obtained from the continuous monitoring devices installed 
under paragraph (b)(2) through (4) of this section and reduce the data 
as follows:
    (i) Calculate 12-hour block averages from the recorded measurements 
of wet scrubber pressure drop (or smelt dissolving tank scrubber fan 
amperage) and liquid flow rate (or liquid supply pressure), as 
applicable.
    (ii) Calculate semiannual averages from the recorded measurements of 
ESP parameters (secondary voltage and secondary current, or total 
secondary power) for ESP-controlled recovery furnaces or lime kilns that 
measure opacity in addition to ESP parameters.
    (iii) Calculate 12-hour block averages from the recorded 
measurements of ESP parameters (secondary voltage and secondary current, 
or total secondary power) for recovery furnaces or lime kilns with 
combination ESP/wet scrubber controls.
    (4) During the initial performance test required in Sec. 60.285a, 
the owner or operator must establish site-specific operating limits for 
the monitoring parameters in paragraphs (b)(2) through (4) of this 
section by continuously monitoring the parameters and determining the 
arithmetic average value of each parameter during the performance test. 
The arithmetic average of the measured values for the three test runs 
establishes your minimum site-specific operating limit for each wet 
scrubber or ESP parameter. Multiple performance tests may be conducted 
to establish a range of parameter values. The owner or operator may 
establish replacement operating limits for the monitoring parameters 
during subsequent performance tests using the test methods in Sec. 
60.285a.
    (5) You must operate the continuous monitoring systems required in 
paragraphs (a) and (b) of this section to collect data at all required 
intervals at all times the affected facility is operating 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.
    (6) 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 limits. You must use 
all the data collected during all other periods in assessing the 
operation of the control device and associated control system.
    (7) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required quality 
monitoring system quality assurance or quality control activities 
(including, as applicable, system accuracy audits and required zero and 
span adjustments), failure to collect required data is a deviation of 
the monitoring requirements.
    (d) Excess emissions are defined for this subpart 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 
at 8-percent oxygen for straight kraft recovery furnaces and above 25 
ppm by volume at 8-percent oxygen for cross recovery furnaces during 
times when BLS is fired.
    (ii) All 6-minute average opacities that exceed 20 percent during 
times when BLS is fired.
    (2) For emissions from any lime kiln, periods of excess emissions 
are:
    (i) All 12-hour average TRS concentrations above 8 ppm by volume at 
10-percent oxygen during times when lime mud is fired.
    (ii) All 6-minute average opacities that exceed 20 percent during 
times when lime mud is fired.
    (3) For emissions from any digester system, brown stock washer 
system, multiple-effect evaporator system, or

[[Page 481]]

condensate stripper system, periods of excess emissions are:
    (i) All 12-hour average TRS concentrations above 5 ppm by volume at 
10-percent oxygen unless the provisions of Sec. 60.283a(a)(1)(i), (ii), 
or (iv) apply; or
    (ii) All 3-hour block averages during which the combustion 
temperature at the point of incineration is less than 650 [deg]C (1200 
14 [deg]F), where the provisions of Sec. 60.283a(a)(1)(iii) apply and 
an incinerator is used as the combustion device.
    (iii) All times when gases are not routed through the closed-vent 
system to one of the control devices specified in Sec. 60.283a(a)(1)(i) 
through (iii) and (v).
    (4) For any recovery furnace, lime kiln, or smelt dissolving tank 
controlled with a wet scrubber emission control device that complies 
with the parameter monitoring requirements specified in Sec. 
60.284a(b)(2), periods of excess emissions are:
    (i) All 12-hour block average scrubbing liquid flow rate (or 
scrubbing liquid supply pressure) measurements below the minimum site-
specific limit established during performance testing during times when 
BLS or lime mud is fired (as applicable), and
    (ii) All 12-hour block average scrubber pressure drop (or fan 
amperage, if used as an alternative under paragraph (b)(2)(iii) of this 
section) measurements below the minimum site-specific limit established 
during performance testing during times when BLS or lime mud is fired 
(as applicable), except during startup and shutdown.
    (5) For any recovery furnace or lime kiln controlled with an ESP 
followed by a wet scrubber that complies with the parameter monitoring 
requirements specified in Sec. 60.284a(b)(4), periods of excess 
emissions are:
    (i) All 12-hour block average scrubbing liquid flow rate (or 
scrubbing liquid supply pressure) measurements below the minimum site-
specific limit established during performance testing during times when 
BLS or lime mud is fired (as applicable), and
    (ii) All 12-hour block average scrubber pressure drop measurements 
below the minimum site-specific limit established during performance 
testing during times when BLS or lime mud is fired (as applicable) 
except during startup and shutdown,
    (iii) All 12-hour block average ESP secondary voltage measurements 
below the minimum site-specific limit established during performance 
testing during times when BLS or lime mud is fired (as applicable) 
including startup and shutdown.
    (iv) All 12-hour block average ESP secondary current measurements 
(or total secondary power values) below the minimum site-specific limit 
established during performance testing during times when BLS or lime mud 
is fired (as applicable) except during startup and shutdown.
    (e) The Administrator will not consider periods of excess emissions 
reported under Sec. 60.288a(a) to be indicative of a violation of the 
standards provided the criteria in paragraphs (e)(1) and (2) of this 
section are met.
    (1) The percent of the total number of possible contiguous periods 
of excess emissions in the semiannual reporting period does not exceed:
    (i) One percent for TRS emissions from straight recovery furnaces, 
provided that the 12-hour average TRS concentration does not exceed 30 
ppm corrected to 8-percent oxygen.
    (ii) Two percent for average opacities from recovery furnaces, 
provided that the ESP secondary voltage and secondary current (or total 
secondary power) averaged over the semiannual period remained above the 
minimum operating limits established during the performance test.
    (iii) One percent for TRS emissions from lime kilns, provided that 
the 12-hour average TRS concentration does not exceed 22 ppm corrected 
to 10-percent oxygen.
    (iv) One percent for average opacities from lime kilns, provided 
that the ESP secondary voltage and secondary current (or total secondary 
power) averaged over the semiannual period remained above the minimum 
operating limits established during the performance test.
    (v) One percent for TRS emissions from cross recovery furnaces, 
provided that the 12-hour average TRS concentration does not exceed 50 
ppm corrected to 8-percent oxygen.

[[Page 482]]

    (vi) For closed-vent systems delivering gases to one of the control 
devices specified in Sec. 60.283a(a)(1)(i) through (iii) and (v), the 
time of excess emissions divided by the total process operating time in 
the semiannual reporting period does not exceed:
    (A) One percent for LVHC closed-vent systems; or
    (B) Four percent for HVLC closed-vent systems or for HVLC and LVHC 
closed-vent systems combined.
    (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.
    (3) The 12-hour average TRS concentration uncorrected for oxygen may 
be considered when determining compliance with the excess emission 
provisions in paragraphs (e)(1)(i) and (iii) of this section during 
periods of startup or shutdown when the 12-hour average stack oxygen 
percentage approaches ambient conditions. If the 12-hour average TRS 
concentration uncorrected for oxygen is less than the applicable limit 
(5 ppm for recovery furnaces or 8 ppm for lime kilns) during periods of 
startup or shutdown when the 12-hour average stack oxygen concentration 
is 15 percent or greater, then the Administrator will consider the TRS 
average to be in compliance. This provision only applies during periods 
of affected facility startup and shutdown.
    (f) The procedures under Sec. 60.13 must be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems required under this section. All continuous monitoring systems 
must be operated in accordance with the applicable procedures under 
Performance Specifications 1, 3, and 5 of appendix B of this part.



Sec. 60.285a  Test methods and procedures.

    (a) In conducting the performance tests required by this subpart and 
Sec. 60.8, the owner or operator must 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. Section 60.8(c) must be read as follows for purposes of 
this subpart: 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.
    (b) The owner or operator must determine compliance with the 
filterable particulate matter standards in Sec. 60.282a(a)(1), (2), (5) 
and (6) as follows:
    (1) Method 5 of Appendix A-3 of this part must be used to determine 
the filterable particulate matter concentration. The sampling time and 
sample volume for each run must be at least 60 minutes and 0.90 dscm 
(31.8 dscf). Water must be used as the cleanup solvent instead of 
acetone in the sample recovery procedure. The particulate concentration 
must be corrected to the appropriate oxygen concentration according to 
Sec. 60.284a(c)(3).
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of Appendix A-2 of this part must be 
used to determine the oxygen concentration. The gas sample must be taken 
at the same time and at the same traverse points as the particulate 
sample.
    (3) Method 9 of Appendix A-4 of this part and the procedures in 
Sec. 60.11 must be used to determine opacity. Opacity measurement is 
not required for recovery furnaces or lime kilns operating with a wet 
scrubber alone or a wet scrubber in combination with an ESP.
    (4) In addition to the initial performance test required by this 
subpart and Sec. 60.8(a), you must conduct repeat performance tests for 
filterable particulate matter at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (b)(1) and (2) of this section.

[[Page 483]]

    (5) When the initial and repeat performance tests are conducted for 
filterable particulate matter, the owner or operator must also measure 
condensable particulate matter using Method 202 of Appendix M of 40 CFR 
part 51.
    (c) The owner or operator must determine compliance with the 
filterable particular matter standards in Sec. 60.282a(a)(3) and (4) as 
follows:
    (1) The emission rate (E) of filterable particulate matter must be 
computed for each run using the following equation:

E = csQsd/BLS

Where:

E = emission rate of filterable particulate matter, g/kg (lb/ton) of 
          BLS.
cs = Concentration of filterable particulate matter, g/dscm 
          (lb/dscf).
Qsd = volumetric flow rate of effluent gas, dry standard 
          cubic meter per hour (dscm/hr) (dry standard cubic feet per 
          hour (dscf/hr)).
BLS = black liquor solids (dry weight) feed rate, kg/hr (ton/hr).

    (2) Method 5 of Appendix A-3 of this part must be used to determine 
the filterable particulate matter concentration (cs) and the 
volumetric flow rate (Qsd) of the effluent gas. The sampling 
time and sample volume must be at least 60 minutes and 0.90 dscm (31.8 
dscf). Water must be used instead of acetone in the sample recovery.
    (3) Process data must be used to determine the black liquor solids 
(BLS) feed rate on a dry weight basis.
    (4) In addition to the initial performance test required by this 
subpart and Sec. 60.8(a), you must conduct repeat performance tests for 
filterable particulate matter at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (c)(1) through (3) of this section.
    (5) When the initial and repeat performance tests are conducted for 
filterable particulate matter, the owner or operator must also measure 
condensable particulate matter using Method 202 of Appendix M of 40 CFR 
part 51.
    (d) The owner or operator must determine compliance with the TRS 
standards in Sec. 60.283a, except Sec. 60.283a(a)(1)(vi) and (4), as 
follows:
    (1) Method 16 of Appendix A-6 of this part must be used to determine 
the TRS concentration. The TRS concentration must be corrected to the 
appropriate oxygen concentration using the procedure in Sec. 
60.284a(c)(3). The sampling time must 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 of Appendix A-2 of this part must be 
used to determine the oxygen concentration. The sample must 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) must be used to determine sodium sulfide, 
sodium hydroxide, and sodium carbonate. These determinations must be 
made 3 times daily from the green liquor, and the daily average values 
must be converted to sodium oxide (Na20) and substituted into 
the following equation to determine the green liquor sulfidity:

GLS = 100CNa2S / 
(CNa2SCNaOH 
CNa2CO3)

Where:

GLS = green liquor sulfidity, percent.
CNa2S = concentration of Na2S as 
          Na2O, milligrams per liter (mg/L) (grains per 
          gallon (gr/gal)).
CNaOH = concentration of NaOH as Na2O, mg/L (gr/
          gal).
CNa2CO3 = concentration of 
          Na2CO3 as Na2O, mg/L (gr/
          gal).

    (4) For recovery furnaces and lime kilns, in addition to the initial 
performance test required in this subpart and Sec. 60.8(a), you must 
conduct repeat TRS performance tests at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (d)(1) and (2) of this section.
    (e) The owner or operator must determine compliance with the TRS 
standards in Sec. 60.283a(a)(1)(vi) and (4) as follows:
    (1) The emission rate (E) of TRS must 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.

[[Page 484]]

F = conversion factor, 0.001417 g H2S/cubic meter (m\3\)-ppm 
          (8.846 x 10\-8\ lb H2S/cubic foot (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 of Appendix A-6 of this part must be used to determine 
the TRS concentration (CTRS).
    (3) Method 2 of Appendix A-1 of this part must be used to determine 
the volumetric flow rate (Qsd) of the effluent gas.
    (4) Process data must be used to determine the black liquor feed 
rate or the pulp production rate (P).
    (5) For smelt dissolving tanks, in addition to the initial 
performance test required in this subpart and Sec. 60.8(a), you must 
conduct repeat TRS performance tests at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (e)(1) through (4) of this section.
    (f) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) In place of Method 5 of Appendix A-3 of this part, Method 17 of 
Appendix A-6 of this part 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 of Appendix A-6 of this part, Method 16A, 
16B, or 16C of Appendix A-6 of this part may be used.
    (3) In place of Method 3B of Appendix A-2 of this part, ASME PTC 
19.10-1981 (incorporated by reference--see Sec. 60.17) may be used.



Sec. 60.286a  Affirmative defense for violations of emission 
standards during malfunction.

    In response to an action to enforce the standards set forth in 
Sec. Sec. 60.282a and 60.283a, you may assert an affirmative defense to 
a claim for civil penalties for violations of such standards that are 
caused by malfunction, as defined at Sec. 60.2. Appropriate penalties 
may be assessed if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense must 
not be available for claims for injunctive relief.
    (a) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, you must timely meet 
the reporting requirements in paragraph (b) of this section, and must 
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control 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) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred; and
    (3) The frequency, amount, and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation 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 
violation on ambient air quality, the environment, and human health; and
    (6) All emission 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 violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source 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 violation resulting from the

[[Page 485]]

malfunction event at issue. The analysis must also specify, using best 
monitoring methods and engineering judgment, the amount of any emissions 
that were the result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense must submit a written report to the Administrator with all 
necessary supporting documentation that explains how it has met the 
requirements set forth in paragraph (a) of this section. This 
affirmative defense report must be included in the first periodic 
compliance, deviation report or excess emission report otherwise 
required after the initial occurrence of the violation of the relevant 
standard (which may be the end of any applicable averaging period). If 
such compliance, deviation report or excess emission report is due less 
than 45 days after the initial occurrence of the violation, the 
affirmative defense report may be included in the second compliance, 
deviation report or excess emission report due after the initial 
occurrence of the violation of the relevant standard.



Sec. 60.287a  Recordkeeping.

    (a) The owner or operator must maintain records of the performance 
evaluations of the continuous monitoring systems.
    (b) For each continuous monitoring system, the owner or operator 
must maintain records of the following information, as applicable:
    (1) Records of the opacity of the gases discharged into the 
atmosphere from any recovery furnace or lime kiln using an ESP emission 
control device, except as specified in paragraph (b)(6) of this section, 
and records of the ESP secondary voltage and secondary current (or total 
secondary power) averaged over the reporting period for the opacity 
allowances specified in Sec. 60.284a(e)(1)(ii) and (iv).
    (2) Records of 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. 
60.283a(a)(1)(iii) or (iv) apply.
    (3) Records of the incinerator 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, or 
condensate stripper system where the provisions of Sec. 
60.283a(a)(1)(iii) apply and an incinerator is used as the combustion 
device.
    (4) For any recovery furnace, lime kiln, or smelt dissolving tank 
using a wet scrubber emission control device:
    (i) Records of the pressure drop of the gas stream through the 
control equipment (or smelt dissolving tank scrubber fan amperage), and
    (ii) Records of the scrubbing liquid flow rate (or scrubbing liquid 
supply pressure).
    (5) For any recovery furnace or lime kiln using an ESP control 
device:
    (i) Records of the secondary voltage of each ESP collection field, 
and
    (ii) Records of the secondary current of each ESP collection field, 
and
    (iii) If used as an alternative to secondary voltage and current, 
records of the total secondary power of each ESP collection field.
    (6) For any recovery furnace or lime kiln using an ESP followed by a 
wet scrubber, the records specified under paragraphs (b)(4) and (5) of 
this section.
    (7) Records of excess emissions as defined in Sec. 60.284a(d).
    (c) For each malfunction, the owner or operator must maintain 
records of the following information:
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) 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.



Sec. 60.288a  Reporting.

    (a) For the purpose of reports required under Sec. 60.7(c), any 
owner or operator subject to the provisions of this

[[Page 486]]

subpart must report semiannually periods of excess emissions defined in 
Sec. 60.284a(d).
    (b) Within 60 days after the date of completing each performance 
test (defined in Sec. 60.8) as required by this subpart you must submit 
the results of the performance tests, including any associated fuel 
analyses, required by this subpart to the EPA as follows. You must use 
the latest version of the EPA's Electronic Reporting Tool (ERT) (see 
http://www.epa.gov/ttn/chief/ ert/index.html) existing at the time of 
the performance test to generate a submission package file, which 
documents performance test data. You must then submit the file generated 
by the ERT through the EPA's Compliance and Emissions Data Reporting 
Interface (CEDRI), which can be accessed by logging in to the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/). Only data collected 
using test methods supported by the ERT as listed on the ERT Web site 
are subject to the requirement to submit the performance test data 
electronically. Owners or operators who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI) must submit a complete ERT file including 
information claimed to be CBI on a compact disk, flash drive, or other 
commonly used electronic storage media to the EPA. The electronic media 
must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI 
Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT file with the CBI omitted must be 
submitted to the EPA via CDX as described earlier in this paragraph (b). 
At the discretion of the delegated authority, you must also submit these 
reports, including the CBI, to the delegated authority in the format 
specified by the delegated authority. For any performance test conducted 
using test methods that are not listed on the ERT Web site, the owner or 
operator must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec. 60.4.
    (c) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec. 60.13, you must submit 
relative accuracy test audit (RATA) data to the EPA's Central Data 
Exchange (CDX) by using CEDRI in accordance with paragraph (b) of this 
section. Only RATA pollutants that can be documented with the ERT (as 
listed on the ERT Web site) are subject to this requirement. For any 
performance evaluations with no corresponding RATA pollutants listed on 
the ERT Web site, the owner or operator must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec. 60.4.
    (d) If a malfunction occurred during the reporting period, you must 
submit a report that contains the following:
    (1) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded.
    (2) A description of actions taken by an owner or operator during a 
malfunction of an affected facility to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.



   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.

[[Page 487]]

    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 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

[[Page 488]]

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.

                       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

[[Page 489]]

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 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.

[[Page 490]]

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]



         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

[[Page 491]]

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 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.

[[Page 492]]

    (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.
    (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]

[[Page 493]]



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.

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)

[[Page 494]]

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 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.


[[Page 495]]



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 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

[[Page 496]]

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 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.

[[Page 497]]

    (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 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.

[[Page 498]]

    (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]



     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

[[Page 499]]

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.
    (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

[[Page 500]]

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:
[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.


[[Page 501]]


    (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 (NOX percent by volume)
------------------------------------------------------------------------
N .015....................................  0
0.015 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 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

[[Page 502]]

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 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).

[[Page 503]]

    (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 
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,

[[Page 504]]

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 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.

[[Page 505]]

    (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-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.

[[Page 506]]

    (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 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

[[Page 507]]

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.
    (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

[[Page 508]]

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 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. Alternatively, you may use 760 mm Hg 
(29.92 in Hg),
Po = observed combustor inlet absolute pressure at test, mm 
Hg. Alternatively, you may use the barometric pressure for the date of 
the test,
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

[[Page 509]]

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.
    (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

[[Page 510]]

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; 79 
FR 11250, Feb. 27, 2014]



    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.
    (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

[[Page 511]]

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]



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

[[Page 512]]

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, 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).

[[Page 513]]

    (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:
    (1) Method 12 or Method 29 shall be used to determine the lead 
concentration (CPb) 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] TR27FE14.006

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

[[Page 514]]

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 or Method 29 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; 79 
FR 11250, Feb. 27, 2014]



  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 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

[[Page 515]]

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 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 (0.05 g/dscm).

[[Page 516]]

    (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; 79 
FR 11250, Feb. 27, 2014]



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.
    (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]

[[Page 517]]



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. 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. This option is subject to the 
following limitations:
    (i) No more than three emission points are read concurrently;
    (ii) All three emission points must be within a 70[deg] viewing 
sector or angle in front of the observer such that the proper sun 
position can be maintained for all three points; and
    (iii) If an opacity reading for any one of the three emission points 
is within 5 percent opacity of the application standard, then the 
observer must stop taking readings for the other two points and continue 
reading just that single point.
    (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; 79 
FR 11250, Feb. 27, 2014]



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 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.

[[Page 518]]

    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),
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),

[[Page 519]]

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.
    (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.

[[Page 520]]

    (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

    (E) For each EDP prime coat operation, calculate the turnover ratio 
(RT) by the following equation:

[[Page 521]]

[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.
    (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).

[[Page 522]]

    (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 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

[[Page 523]]

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]



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.

[[Page 524]]



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 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

[[Page 525]]

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 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

[[Page 526]]

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 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

[[Page 527]]

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 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

[[Page 528]]

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 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.

[[Page 529]]

    (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 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.

[[Page 530]]

    (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 progress 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 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.

[[Page 531]]

    (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 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:

[[Page 532]]

    (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.
    (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.

[[Page 533]]



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.
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).


[[Page 534]]


    (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, 6.0 x 10-5 (Mg-min) / (g-hr) [6.614 x 
          10-5 (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 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

[[Page 535]]

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)
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).

[[Page 536]]

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 537]]

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 538]]

[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 539]]


    (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 540]]

    (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 541]]

    (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 542]]

    (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 543]]

    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 544]]

[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 545]]

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 546]]

    (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 547]]

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 548]]

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 549]]

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 subpart 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 550]]


([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 551]]

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 552]]



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 553]]

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 554]]

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).

[[Page 555]]

Wo = the proportion of VOC's in each coating, as received 
          (fraction by weight).



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


[[Page 556]]


([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 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.


[[Page 557]]



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 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).

[[Page 558]]

    (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:
[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 559]]

[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 560]]



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 561]]

    (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 562]]

    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) 0.4 kg/Mg (0.8 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; 79 
FR 11250, Feb. 27, 2014]

[[Page 563]]



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 564]]

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]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 565]]

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. Sec. 
60.485(d), (e), and (f) and 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 566]]

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 567]]

    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 568]]

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. 
60.482-2, Sec. 60.482-3, Sec. 60.482-5, Sec. 60.482-6, Sec. 60.482-
7, Sec. 60.482-8, or Sec. 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 569]]

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 570]]

    (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 571]]



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 572]]

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 573]]



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 574]]

    (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 575]]

    (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 576]]

    (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 577]]

    (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 578]]

    (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 579]]

    (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, 1.740x10-7 (g-mole)(MJ)/(ppm-scm-
          kcal) (metric units) = 4.674x10-6 [(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 580]]

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 581]]

    (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 582]]

    (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 583]]

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 584]]

 
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, 5216-25-1\c\..  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 585]]

 
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.
27178-83-2\c\.......................  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, 25036-29-7\c\............  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 586]]

 
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 587]]

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 588]]

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 589]]

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 590]]

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. 
60.482-2a, Sec. 60.482-3a, Sec. 60.482-5a, Sec. 60.482-6a, Sec. 
60.482-7a, Sec. 60.482-8a, or Sec. 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 591]]

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 592]]

    (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 593]]

    (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 594]]

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 595]]

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 596]]

    (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 597]]

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 598]]

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 599]]

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 600]]

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 601]]



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 602]]

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 603]]

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, 1.740x10-7 (g-mole)(MJ)/(ppm-scm-
          kcal) (metric units)

[[Page 604]]

          = 4.674x10-6 [(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 605]]

    (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 606]]

    (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 607]]

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 608]]



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 609]]

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 610]]

[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 611]]

[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 612]]

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 613]]

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 614]]

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 615]]

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 616]]



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 617]]

    (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 618]]



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: 80 FR 13702, Mar. 16, 2015, unless otherwise noted.



Sec. 60.530  Am I subject to this subpart?

    (a) You are subject to this subpart if you manufacture, sell, offer 
for sale, import for sale, distribute, offer to distribute, introduce or 
deliver for introduction into commerce in the United States, or install 
or operate an affected wood heater specified in paragraphs (a)(1) or 
(a)(2) of this section, except as provided in paragraph (c) of this 
section.
    (1) Each adjustable burn rate wood heater, single burn rate wood 
heater and pellet stove manufactured on or after July 1, 1988, with a 
current EPA certificate of compliance issued prior to May 15, 2015 
according to the certification procedures in effect in this subpart at 
the time of certification is an affected wood heater.
    (2) All other residential wood heaters as defined in Sec. 60.531 
manufactured or sold on or after May 15, 2015 are affected wood heaters, 
except as provided in paragraph (c) of this section.
    (b) Each affected wood heater must comply with the provisions of 
this subpart unless exempted under paragraphs (b)(1) through (b)(6) of 
this section. These exemptions are determined by rule applicability and 
do not require EPA notification or public notice.
    (1) Affected wood heaters manufactured in the United States for 
export are exempt from the applicable emission limits of Sec. 60.532 
and the requirements of Sec. 60.533.
    (2) Affected wood heaters used for research and development purposes 
that are never offered for sale or sold and that are not used for the 
purpose of providing heat are 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 can be exempted for this 
purpose.
    (3) Appliances that do not burn wood or wood pellets (such as coal-
only heaters that meet the definition in Sec. 60.531 or corn-only 
pellet stoves) are exempt from the applicable emission limits of Sec. 
60.532 and the requirements of Sec. 60.533 provided that all 
advertising and warranties exclude wood burning.
    (4) Cook stoves as defined in Sec. 60.531 are exempt from the 
applicable emission limits of Sec. 60.532 and the requirements of Sec. 
60.533.
    (5) Camp stoves as defined in Sec. 60.531 are exempt from the 
applicable emission limits of Sec. 60.532 and the requirements of Sec. 
60.533.
    (6) Modification or reconstruction, as defined in Sec. Sec. 60.14 
and 60.15 of subpart A of this part does not, by itself, make a wood 
heater an affected facility under this subpart.
    (c) The following are not affected wood heaters and are not subject 
to this subpart:
    (1) Residential hydronic heaters and residential forced-air furnaces 
subject to subpart QQQQ of this part.
    (2) Residential masonry heaters that meet the definition in Sec. 
60.531.

[[Page 619]]

    (3) Appliances that are not residential heating devices (for 
example, manufactured or site-built masonry fireplaces).
    (4) Traditional Native American bake ovens that meet the definition 
in Sec. 60.531.



Sec. 60.531  What definitions must I know?

    As used in this subpart, all terms not defined herein have the 
meaning given them in the Clean Air Act and subpart A of this part.
    Adjustable burn rate wood heater means a wood heater that is 
equipped with or installed with a damper or other mechanism to allow the 
operator to vary burn rate conditions, regardless of whether it is 
internal or external to the appliance. This definition does not 
distinguish between heaters that are free standing, built-in or 
fireplace inserts.
    Approved test laboratory means a test laboratory that is approved 
for wood heater certification testing under Sec. 60.535 or is an 
independent third-party test laboratory that is accredited under ISO-IEC 
Standard 17025 to perform testing using the test methods specified in 
Sec. 60.534 by an accreditation body that is a full member signatory to 
the International Laboratory Accreditation Cooperation Mutual 
Recognition Arrangement and approved by the EPA for conducting testing 
under this subpart.
    Camp stove (sometimes also called cylinder stove or wall tent stove) 
means a portable stove equipped with a pipe or chimney exhaust capable 
of burning wood or coal intended for use in a tent or other temporary 
structure used for hunting, camping, fishing or other outdoor 
recreation. The primary purpose of the stove is to provide space 
heating, although cooking and heating water may be additional functions.
    Catalytic combustor means a device coated with a noble metal used in 
a wood heater to lower the temperature required for combustion.
    Chip wood fuel means wood chipped into small pieces that are uniform 
in size, shape, moisture, density and energy content.
    Coal-only heater means an enclosed, coal-burning appliance capable 
of space heating or space heating and domestic water heating, which is 
marketed and warranted solely as a coal-only heater and has all of the 
following characteristics:
    (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 a power-driven or mechanical stoker;
    (4) Installation instructions, owner's manual and marketing 
information that state that the use of wood in the stove, except for 
coal ignition purposes, is prohibited by law; and
    (5) A safety listing as a coal-only heater, except for coal ignition 
purposes, under accepted American or Canadian safety codes, as 
documented by a permanent label from a nationally recognized 
certification body.
    Commercial owner means any person who owns or controls a wood heater 
in the course of the business of the manufacture, importation, 
distribution (including shipping and storage), or sale of the wood 
heater.
    Cook stove means a wood-fired appliance that is designed, marketed 
and warranted primarily for cooking food and that has the following 
characteristics:
    (1) An oven, with 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) An ash pan;
    (5) An ash clean-out door below the oven;
    (6) The absence of a fan or heat channels to dissipate heat from the 
appliance;
    (7) A cooking surface with an area measured in square inches or 
square feet that is at least 1.5 times greater than the volume of 
firebox measured in cubic inches or cubic feet. Example: A cook stove 
with a firebox of 2 cubic feet must have a cooking surface of at least 3 
square feet;
    (8) A portion of at least four sides of the oven (which may include 
the bottom and/or top) is exposed to the flame path during the heating 
cycle of the

[[Page 620]]

oven. A flue gas bypass may exist for temperature control.
    Fireplace means a wood-burning appliance intended to be used 
primarily for aesthetic enjoyment and not as a space heater. An 
appliance is a fireplace if it is in a model line that satisfies the 
requirements in paragraphs (1), (2) or (3) of this definition.
    (1) The model line includes a safety listing under recognized 
American or Canadian safety standards, as documented by a permanent 
label from a nationally recognized certification body affixed on each 
unit sold, and that said safety listing only allows operation of the 
fireplace with doors fully open. Operation with any required safety 
screen satisfies this requirement.
    (2) The model line has a safety listing that allows operation with 
doors closed, has no user-operated controls other than flue or outside 
air dampers that can only be adjusted to either a fully closed or fully 
opened position, and the requirements in either paragraph (2)(i) or 
(2)(ii) of this definition are satisfied.
    (i) Appliances are sold with tempered glass panel doors only (either 
as standard or optional equipment), or
    (ii) The fire viewing area is equal to or greater than 500 square 
inches.
    (3)(i) A model line that is clearly positioned in the marketplace as 
intended to be used primarily for aesthetic enjoyment and not as a room 
heater, as demonstrated by product literature (including owner's 
manuals), advertising targeted at the trade or public (including web-
based promotional materials) or training materials is presumptively a 
fireplace model line.
    (ii) The presumption in paragraph (3)(i) of this definition can be 
rebutted by test data from an EPA-approved test laboratory reviewed by 
an EPA-approved third-party certifier that were generated when operating 
the appliance with the door(s) closed, and that demonstrate an average 
stack gas carbon dioxide (CO2) concentration over the 
duration of the test run equal to or less than 5.00 percent and a ratio 
of the average stack gas CO2 to the average stack gas carbon 
monoxide (CO) equal to or greater than 15:1. The stack gas average 
CO2 and CO concentrations for the test run shall be 
determined in accordance with the requirements in CSA B415.1-10 (IBR, 
see Sec. 60.17), clause 6.3, using a sampling interval no greater than 
1 minute. The average stack gas CO2 and CO concentrations for 
purposes of this determination shall be the average of the stack gas 
concentrations from all sampling intervals over the full test run.
    Manufactured means completed and ready for shipment (whether or not 
assembled or packaged) for purposes of determining the date of 
manufacture.
    Manufacturer means any entity that constructs or imports into the 
United States a wood heater.
    Model line means all wood heaters offered for sale by a single 
manufacturer that are similar in all material respects that would affect 
emissions as defined in this section.
    Particulate matter (PM) means total particulate matter including 
coarse particulate (PM10) and fine particulate 
(PM2.5).
    Pellet fuel means refined and densified fuel shaped into small 
pellets or briquettes that are uniform in size, shape, moisture, density 
and energy content.
    Pellet stove (sometimes called pellet heater or pellet space heater) 
means an enclosed, pellet or chip fuel-burning device capable of and 
intended for residential space heating or space heating and domestic 
water heating. Pellet stoves include a fuel storage hopper or bin and a 
fuel feed system. Pellet stoves include, but are not limited to:
    (1) Free-standing pellet stoves--pellet stoves that are installed on 
legs or on a pedestal or other supporting base. These stoves generally 
are safety listed under ASTM E1509, UL-1482, ULC S627 or ULC-ORD C1482.
    (2) Pellet stove fireplace inserts--pellet stoves intended to be 
installed in masonry fireplace cavities or in other enclosures. These 
stoves generally are safety listed under ASTM E1509, UL-1482, ULC-S628 
or ULC-ORD C1482.
    (3) Built-in pellet stoves--pellet stoves intended to be recessed 
into the wall. These stoves generally are safety listed under ASTM 
E1509, UL-127, ULC-S610 or ULC-ORD C1482.
    Representative affected wood heater means an individual wood heater 
that is similar in all material respects that

[[Page 621]]

would affect emissions to other wood heaters within the model line it 
represents.
    Residential masonry heater means a factory-built or site-built wood-
burning device in which the heat from intermittent fires burned rapidly 
in the firebox is stored in the refractory mass for slow release to 
building spaces. Masonry heaters are site-built (using local materials 
or a combination of local materials and manufactured components) or 
site-assembled (using factory-built components), solid fuel-burning 
heating appliances constructed mainly of refractory materials (e.g., 
masonry materials or soapstone. They typically have an interior 
construction consisting of a firebox and heat exchange channels built 
from refractory components, through which flue gases are routed. ASTM E-
1602 ``Standard Guide for Construction of Solid Fuel Burning Masonry 
Heaters'' provides design and construction information for the range of 
masonry heaters most commonly built in the United States. The site-
assembled models are generally listed to UL-1482.
    Sale means the transfer of ownership or control, except that a 
transfer of control of an affected wood heater for research and 
development purposes within the scope of Sec. 60.530(b)(2) is not a 
sale.
    Similar in all material respects that would affect emissions means 
that the construction materials, exhaust and inlet air systems and other 
design features are within the allowed tolerances for components 
identified in Sec. 60.533(k)(2), (3) and (4).
    Single burn rate wood heater means a wood heater that is not 
equipped with or installed with a burn control device to allow the 
operator to vary burn rate conditions. Burn rate control devices include 
stack dampers that control the outflow of flue gases from the heater to 
the chimney, whether built into the appliance, sold with it, or 
recommended for use with the heater by the manufacturer, retailer or 
installer; and air control slides, gates or any other type of mechanisms 
that control combustion air flow into the heater.
    Sold at retail means the sale by a commercial owner of a wood heater 
to the ultimate purchaser/user or noncommercial purchaser.
    Third-party certifier (sometimes called third-party certifying body 
or product certifying body) means an independent third party that is 
accredited under ISO-IEC Standards 17025 and 17065 to perform 
certifications, inspections and audits by an accreditation body that is 
a full member signatory to the International Laboratory Accreditation 
Cooperation Mutual Recognition Arrangement and approved by the EPA for 
conducting certifications, inspections and audits under this subpart.
    Traditional Native American bake oven means a wood or other solid 
fuel burning appliance that is designed primarily for use by Native 
Americans for food preparation, cooking, warming or for instructional, 
recreational, cultural or ceremonial purposes.
    Unseasoned wood means wood with an average moisture content of 20 
percent or more.
    Valid certification test means a test that meets the following 
criteria:
    (1) The Administrator was notified about the test in accordance with 
Sec. 60.534(g);
    (2) The test was conducted by an approved test laboratory as defined 
in this section;
    (3) The test was conducted on a wood heater similar in all material 
respects that would affect emissions to other wood heaters of the model 
line that is to be certified; and
    (4) The test was conducted in accordance with the test methods and 
procedures specified in Sec. 60.534.
    Wood heater means an enclosed, wood burning-appliance capable of and 
intended for residential space heating or space heating and domestic 
water heating. These devices include, but are not limited to, adjustable 
burn rate wood heaters, single burn rate wood heaters and pellet stoves. 
Wood heaters may or may not include air ducts to deliver some portion of 
the heat produced to areas other than the space where the wood heater is 
located. Wood heaters include, but are not limited to:
    (1) Free-standing wood heaters--Wood heaters that are installed on 
legs, on a pedestal or suspended from the ceiling. These products 
generally

[[Page 622]]

are safety listed under UL-1482, UL-737 or ULC-S627.
    (2) Fireplace insert wood heaters--Wood heaters intended to be 
installed in masonry fireplace cavities or in other enclosures. These 
appliances generally are safety listed under UL-1482, UL-737 or ULC-
S628.
    (3) Built-in wood heaters--Wood heaters that are intended to be 
recessed into the wall. These appliances generally are safety listed 
under UL-1482, UL-737, UL-127 or ULC-S610.



Sec. 60.532  What standards and associated requirements must I 
meet and by when?

    (a) 2015 particulate matter emission standards. Unless exempted 
under Sec. 60.530(b), each affected wood heater manufactured, imported 
into the United States, and/or sold at retail on or after May 15, 2015 
must be certified to not discharge into the atmosphere any gases that 
contain particulate matter in excess of a weighted average of 4.5 g/hr 
(0.010 lb/hr), except that a wood heater manufactured before May 15, 
2015 may be imported into the United States and/or sold at retail on or 
before December 31, 2015. Compliance for all heaters must be determined 
by the test methods and procedures in Sec. 60.534.
    (b) 2020 particulate matter emission standards. Unless exempted 
under Sec. 60.530(b) or electing to use the cord wood alternative means 
of compliance option in paragraph (c) of the section, each affected wood 
heater manufactured or sold at retail for use in the United States on or 
after May 15, 2020 must not discharge into the atmosphere any gases that 
contain particulate matter in excess of a weighted average of 2.0 g/hr 
(0.0044 lb/hr). Compliance for all heaters must be determined by the 
test methods and procedures in Sec. 60.534.
    (c) 2020 cord wood alternative compliance option. Each affected wood 
heater manufactured or sold at retail for use in the United States on or 
after May 15, 2020 must not discharge into the atmosphere any gases that 
contain particulate matter in excess of a weighted average of 2.5 g/hr 
(0.0055 lb/hr). Compliance must be determined by a cord wood test method 
approved by the Administrator and the procedures in Sec. 60.534.
    (d) Chip wood fuel requirements. Operators of wood heaters that are 
certified to burn chip wood fuels must only burn chip wood fuels that 
have been specified in the owner's manual. The chip wood fuel must meet 
the following minimum requirements:
    (1) Moisture content: less than 35 percent;
    (2) Inorganic fines: less than or equal to 1 percent;
    (3) Chlorides: less than or equal to 300 parts per million by 
weight;
    (4) Ash content: no more than 2 percent;
    (5) No demolition or construction waste; and
    (6) Trace metals: less than 100 mg/kg.
    (e) Pellet fuel requirements. Operators of wood heaters that are 
certified to burn pellet fuels must only burn pellets that have been 
specified in the owner's manual and graded under a licensing agreement 
with a third-party organization approved by the EPA. The Pellet Fuels 
Institute, ENplus and CANplus are initially deemed to be approved third-
party organizations for this purpose, and additional organizations may 
apply to the Administrator for approval. The pellet fuel must meet the 
following minimum requirements as assured through a quality assurance 
program licensed by a third-party organization approved by the EPA:
    (1) Density: consistent hardness and energy content with a minimum 
density of 38 pounds/cubic foot;
    (2) Dimensions: maximum length of 1.5 inches and diameter between 
0.230 and 0.285 inches;
    (3) Inorganic fines: less than or equal to 1 percent;
    (4) Chlorides: less than or equal to 300 parts per million by 
weight;
    (5) Ash content: no more than 2 percent;
    (6) Contains no demolition or construction waste;
    (7) Trace metals: less than 100 mg/kg; and
    (8) None of the prohibited fuels in paragraph (f) of this section.
    (f) Prohibited fuel types. No person is permitted to burn any of the 
following materials in an affected wood heater:

[[Page 623]]

    (1) Residential or commercial garbage;
    (2) Lawn clippings or yard waste;
    (3) Materials containing rubber, including tires;
    (4) Materials containing plastic;
    (5) Waste petroleum products, paints or paint thinners, or asphalt 
products;
    (6) Materials containing asbestos;
    (7) Construction or demolition debris;
    (8) Paper products, cardboard, plywood, or particleboard. The 
prohibition against burning these materials does not prohibit the use of 
fire starters made from paper, cardboard, sawdust, wax and similar 
substances for the purpose of starting a fire in an affected wood 
heater;
    (9) Railroad ties, pressure-treated wood or pallets;
    (10) Manure or animal remains;
    (11) Salt water driftwood or other previously salt water saturated 
materials;
    (12) Unseasoned wood;
    (13) Any materials that are not included in the warranty and owner's 
manual for the subject wood heater; or
    (14) Any materials that were not included in the certification tests 
for the subject wood heater.
    (g) Operation of affected wood heaters. The user of an affected 
residential wood heater must operate the heater in a manner consistent 
with the owner's manual. The owner's manual must clearly specify that 
operation in a manner inconsistent with the owner's manual would void 
the warranty.
    (h) Temperature sensor requirement. An affected wood heater equipped 
with a catalytic combustor must be equipped with a temperature sensor 
that can monitor combustor gas stream temperatures within or immediately 
downstream [within 2.54 centimeters (1 inch)] of the catalytic combustor 
surface.



Sec. 60.533  What compliance and certification requirements must I 
meet and by when?

    (a) Certification requirement. Each affected wood heater must be 
certified to be in compliance with the applicable emission standards and 
other requirements of this subpart. For each model line manufactured or 
sold by a single entity (e.g., company or manufacturer), compliance with 
applicable emission standards of Sec. 60.532 must be determined based 
on testing of representative affected wood heaters within the model 
line. If one entity licenses a model line to another entity, each 
entity's model line must be certified. If an entity intends to change 
the name of the entity or the name of the model, the manufacturer must 
apply for a new certification 60 days before the intended name change.
    (1) Except for model lines meeting the requirements of paragraph 
(h)(1) of this section, on or after May 15, 2015, the manufacturer must 
submit to the Administrator the information required in paragraph (b) of 
this section and follow either the certification process in paragraphs 
(c) through (e) of this section or the third-party certifier-based 
application process specified in paragraph (f) of this section.
    (2) On or after May 16, 2016, the manufacturer must submit the 
information required in paragraph (b) of this section and follow the 
third-party certifier-based application process specified in paragraph 
(f) of this section.
    (b) Application for a certificate of compliance. Any manufacturer of 
an affected wood heater must apply to the Administrator for a 
certificate of compliance for each model line. The application must be 
submitted to: [email protected]. The application must be signed 
by a responsible representative of the manufacturer or an authorized 
representative and must contain the following:
    (1) The model name and design number. The model name and design 
number must clearly distinguish one model from another. The name and 
design number cannot include the EPA symbol or logo or name or 
derivatives such as ``EPA.''
    (2) Engineering drawings and specifications of components that may 
affect emissions (including specifications for each component listed in 
paragraph (k)(2), (3) and (4) of this section). Manufacturers may use 
assembly or design drawings that have been prepared for other purposes, 
but must designate on the drawings the dimensions of each component 
listed in paragraph (k) of this section. Manufacturers must identify 
tolerances of components listed in

[[Page 624]]

paragraph (k)(2) of this section that are different from those specified 
in that paragraph, and show that such tolerances cannot reasonably be 
anticipated to cause wood heaters in the model line to exceed the 
applicable emission limits. The drawings must identify how the emission-
critical parts, such as air tubes and catalyst, can be readily inspected 
and replaced.
    (3) A statement whether the firebox or any firebox component 
(including the materials listed in paragraph (k)(3) of this section) 
will be composed of material different from the material used for the 
firebox or firebox component in the wood heater on which certification 
testing was performed, a description of any such differences and 
demonstration that any such differences may not reasonably be 
anticipated to adversely affect emissions or efficiency.
    (4) Clear identification of any claimed confidential business 
information (CBI). Submit such information under separate cover to the 
EPA CBI Office; Attn: Residential Wood Heater Compliance Program Lead, 
1200 Pennsylvania Ave. NW., Washington, DC 20004. Note that all 
emissions data, including all information necessary to determine 
emission rates in the format of the standard, cannot be claimed as CBI.
    (5) All documentation pertaining to a valid certification test, 
including the complete test report and, for all test runs: Raw data 
sheets, laboratory technician notes, calculations and test results. 
Documentation must include the items specified in the applicable test 
methods. Documentation must include discussion of each test run and its 
appropriateness and validity, and must include detailed discussion of 
all anomalies, whether all burn rate categories were achieved, any data 
not used in the calculations and, for any test runs not completed, the 
data collected during the test run and the reason(s) that the test run 
was not completed and why. The burn rate for the low burn rate category 
must be no greater than the rate that an operator can achieve in home 
use and no greater than is advertised by the manufacturer or retailer. 
The test report must include a summary table that clearly presents the 
individual and overall emission rates, efficiencies and heat outputs. 
Submit the test report and all associated required information, 
according to the procedures for electronic reporting specified in Sec. 
60.537(f).
    (6) A copy of the warranties for the model line, which must include 
a statement that the warranties are void if the unit is used to burn 
materials for which the unit is not certified by the EPA and void if not 
operated according to the owner's manual.
    (7) A statement that the manufacturer will conduct a quality 
assurance program for the model line that satisfies the requirements of 
paragraph (m) of this section.
    (8) A statement describing how the tested unit was sealed by the 
laboratory after the completion of certification testing and asserting 
that such unit will be stored by the manufacturer in the sealed state 
until 5 years after the certification test.
    (9) Statements that the wood heaters manufactured under this 
certificate will be--
    (i) Similar in all material respects that would affect emissions as 
defined in Sec. 60.531 to the wood heater submitted for certification 
testing, and
    (ii) Labeled as prescribed in Sec. 60.536.
    (iii) Accompanied by an owner's manual that meets the requirements 
in Sec. 60.536. In addition, a copy of the owner's manual must be 
submitted to the Administrator and be available to the public on the 
manufacturer's Web site.
    (10) A statement that the manufacturer has entered into contracts 
with an approved laboratory and an approved third-party certifier that 
satisfy the requirements of paragraph (f) of this section.
    (11) A statement that the approved laboratory and approved third-
party certifier are allowed to submit information on behalf of the 
manufacturer, including any claimed to be CBI.
    (12) A statement that the manufacturer will place a copy of the 
certification test report and summary on the manufacturer's Web site 
available to the public within 30 days after the Administrator issues a 
certificate of compliance.

[[Page 625]]

    (13) A statement of acknowledgment that the certificate of 
compliance cannot be transferred to another manufacturer or model line 
without written approval by the Administrator.
    (14) A statement acknowledging that it is unlawful to sell, 
distribute or offer to sell or distribute an affected wood heater 
without a valid certificate of compliance.
    (15) Contact information for the responsible representative of the 
manufacturer and all authorized representatives, including name, 
affiliation, physical address, telephone number and email address.
    (c) Administrator approval process. (1) The Administrator may issue 
a certificate of compliance for a model line if the Administrator 
determines, based on all information submitted by the applicant and any 
other relevant information available, that:
    (i) A valid certification test demonstrates that the representative 
affected wood heater complies with the applicable emission standards 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 paragraph (b) of this section have been 
met.
    (2) The Administrator will deny certification if the Administrator 
determines that the criteria in paragraph (c)(1) of this section have 
not been satisfied. Upon denying certification under this paragraph, the 
Administrator will give written notice to the manufacturer setting forth 
the basis for this determination.
    (d) Level of compliance certification. The Administrator will issue 
the certificate of compliance for the most stringent particulate matter 
emission standard that the tested representative wood heater meets under 
Sec. 60.532.
    (e) Conditional, temporary certificate of compliance. A conditional, 
temporary certificate of compliance may be granted by the Administrator 
until May 16, 2016 based on the manufacturer's submittal of a complete 
certification application meeting all the requirements in Sec. 
60.533(b). The application must include the full test report by an EPA-
approved laboratory and all required compliance statements by the 
manufacturer with the exception of a certificate of conformity by an 
EPA-approved third-party certifier. The conditional, temporary 
certificate of compliance would allow manufacture and sales of the 
affected wood heater model line until May 16, 2016 or until the 
Administrator completes the review of the application, whichever is 
earlier. By May 16, 2016, the manufacturer must submit a certificate of 
conformity by an EPA-approved third-party certifier.
    (f) Third-party certifier-based application process. (1) Any 
manufacturer of an affected wood heater must apply to the Administrator 
for a certificate of compliance for each model line. The manufacturer 
must meet the following requirements:
    (i) The manufacturer must contract with a third-party certifier for 
certification services. The contract must include regular (at least 
annual) unannounced audits under ISO-IEC Standard 17065 to ensure that 
the manufacturer's quality assurance plan is being implemented. The 
contract must also include a report for each audit under ISO-IEC 
Standard 17065 that fully documents the results of the audit. The 
contract must include authorization and requirement for the third-party 
certifier to submit all such reports to the Administrator and the 
manufacturer within 30 days of the audit. The audit report must identify 
deviations from the manufacturer's quality assurance plan and specify 
the corrective actions that need to be taken to address each identified 
deficiency.
    (ii) The manufacturer must submit the materials specified in 
paragraph (b) of this section and a quality assurance plan that meets 
the requirements of paragraph (m) of this section to the third-party 
certifier. The quality assurance plan must ensure that units within a 
model line will be similar in all material respects that would affect 
emissions to the wood heater submitted for certification testing, and it 
must include design drawings for the model line.

[[Page 626]]

    (iii) The manufacturer must apply to the third-party certifier for a 
certification of conformity with the applicable requirements of this 
subpart for the model line.
    (A) After testing by an approved test laboratory is complete, 
certification of conformity with the emission standards in Sec. 60.532 
must be performed by the manufacturer's contracted third-party 
certifier.
    (B) The third-party certifier may certify conformity if the emission 
tests have been conducted per the appropriate guidelines; the test 
report is complete and accurate; the instrumentation used for the test 
was properly calibrated; the test report shows that the representative 
affected wood heater meets the applicable emission limits specified in 
Sec. 60.532; the quality assurance plan is adequate to ensure that 
units within the model line will be similar in all material respects 
that would affect emissions to the wood heater submitted for 
certification testing; and that the affected heaters would meet all 
applicable requirements of this subpart.
    (iv) The manufacturer must then submit to the Administrator an 
application for a certificate of compliance that includes the 
certification of conformity, quality assurance plan, test report and all 
supporting documentation specified in paragraph (b) of this section.
    (v) The submission also must include a statement signed by a 
responsible official of the manufacturer or authorized representative 
that the manufacturer has complied with and will continue to comply with 
all requirements of this subpart for certificate of compliance and that 
the manufacturer remains responsible for compliance regardless of any 
error by the test laboratory or third-party certifier.
    (2) The Administrator will issue to the manufacturer a certificate 
of compliance for a model line if it is determined, based on all of the 
information submitted in the application for certification and any other 
relevant information, that:
    (i) A valid certification of conformity has demonstrated that the 
representative affected wood heater complies with the applicable 
emission standards 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 be reasonably anticipated to cause wood heaters 
in the model line to exceed the applicable emission limits;
    (iii) The requirements of paragraph (b) of this section have been 
met; and
    (iv) A valid certificate of conformity for the model line has been 
prepared and submitted.
    (3) The Administrator will deny certification if the Administrator 
determines that the criteria in paragraph (f)(2) of this section have 
not been satisfied. Upon denying certification under this paragraph, the 
Administrator will give written notice to the manufacturer setting forth 
the basis for the determination.
    (g) Waiver from submitting test results. An applicant for 
certification may apply for a potential waiver of the requirement to 
submit the results of a certification test pursuant to paragraph (b)(5) 
of this section, if the wood heater meets either of the following 
conditions:
    (1) The wood heaters of the model line are similar in all material 
respects that would affect emissions, as defined in Sec. 60.531, 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.
    (2) The manufacturer has previously conducted a valid certification 
test to demonstrate that the wood heaters of the model line meet the 
applicable standard specified in Sec. 60.532.
    (h) Certification period. Unless revoked sooner by the 
Administrator, a certificate of compliance will be valid for the 
following periods as applicable:
    (1) For a model line that was previously certified as meeting the 
1990 Phase II emission standards under the 1988 NSPS, in effect prior to 
May 15, 2015, at an emission level equal to or less than the 2015 
emission standards in

[[Page 627]]

Sec. 60.532(a), the model line is deemed to have a certificate of 
compliance for the 2015 emission standards in Sec. 60.532(a), which is 
valid until the effective date for the 2020 standards in Sec. 60.532(b) 
(i.e., until May 15, 2020).
    (2) For a model line certified as meeting emission standards in 
Sec. 60.532, a certificate of compliance will be valid for 5 years from 
the date of issuance or until a more stringent standard comes into 
effect, whichever is sooner.
    (i) Renewal of certification. (1) The manufacturer must request 
renewal of a model line's certificate of compliance or recertify the 
model line every 5 years, or the manufacturer may choose to no longer 
manufacture or sell that model line after the expiration date. If the 
manufacturer chooses to no longer manufacture that model line, then the 
manufacturer must submit a statement to the Administrator to that 
effect.
    (2) A manufacturer of an affected wood heater model line may apply 
to the Administrator for potential renewal of its certificate of 
compliance by submitting the material specified in paragraph (b) and 
following the procedures specified in paragraph (f) of this section, or 
by affirming in writing that the wood heaters in the model line continue 
to be similar in all material respects that would affect emissions to 
the representative wood heater submitted for testing on which the 
original certificate of compliance was based and requesting a potential 
waiver from certification testing. The application must include a copy 
of the review of the draft application and approval by the third-party 
certifier.
    (3) If the Administrator grants a renewal of certification, the 
Administrator will give written notice to the manufacturer setting forth 
the basis for the determination and issue a certification renewal.
    (4) If the Administrator denies the request for a renewal of 
certification, the Administrator will give written notice to the 
manufacturer setting forth the basis for the determination.
    (5) If the Administrator denies the request for a renewal of 
certification, the manufacturer and retailer must not manufacture or 
sell the previously-certified wood heaters after the expiration date of 
the certificate of compliance.
    (j) [Reserved]
    (k) Recertification. (1) The manufacturer must recertify a model 
line whenever any change is made in the design submitted pursuant to 
paragraph (b)(2) of this section that affects or is presumed to affect 
the particulate matter emission rate for that model line. The 
manufacturer of an affected wood heater must apply to the Administrator 
for potential recertification by submitting the material specified in 
paragraph (b) and following the procedures specified in paragraph (f) of 
this section, or by affirming in writing that the change will not cause 
wood heaters in the model line to exceed applicable emission limits and 
requesting a potential waiver from certification testing. The 
application for recertification must be reviewed and approved by the 
contracted third-party certifier and a copy of the review and approval 
must be included. The Administrator may waive this requirement upon 
written request by the manufacturer, if the manufacturer presents 
adequate rationale and the Administrator 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 design tolerances or actual dimensions of any 
of the following components (where such components are applicable) is 
presumed to affect particulate matter and carbon monoxide emissions and 
efficiency 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 (c)(1)(ii) of this section:
    (i) Firebox: Dimensions;
    (ii) Air introduction systems: Cross-sectional area of restrictive 
air inlets and outlets, location and method of control;
    (iii) Baffles: Dimensions and locations;
    (iv) Refractory/insulation: Dimensions and location;

[[Page 628]]

    (v) Catalyst: Dimensions and location;
    (vi) Catalyst bypass mechanism and catalyst 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 thermal shielding and thermal coverings: Dimensions and 
location;
    (x) Fuel feed system: For wood heaters that are designed primarily 
to burn pellet fuel or wood chips 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 particulate matter emissions and efficiency:
    (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 particulate matter and carbon monoxide emissions and 
efficiency, unless the change has been requested by the heater 
manufacturer and 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 matter emission reduction.
    (l) Criteria for revocation of certification. (1) The Administrator 
may revoke certification if it is determined that the wood heaters being 
manufactured or sold in that model line do not comply with the 
requirements of this subpart. Such a determination will be based on all 
available evidence, including but not limited to:
    (i) Test data from a retesting of the original unit on which the 
certification test was conducted or a unit that is similar in all 
material respects that would affect emissions;
    (ii) A finding that the certification test was not valid. The 
finding will 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 model line, the 
owner's manual or the associated marketing information 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 (as 
defined in the quality assurance plan approved pursuant to paragraph (m) 
of this section, but no larger than 1 percent) of production units 
inspected is not similar in all material respects that would affect 
emissions to the representative affected wood heater submitted for 
certification testing;
    (vi) Failure of the manufacturer to conduct a quality assurance 
program in conformity with paragraph (m) of this section; or
    (vii) Failure of the approved laboratory to test the wood heater 
using the methods specified in Sec. 60.534.
    (2) Revocation of certification under this paragraph (l) will 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.
    (m) Quality assurance program. On or after May 16, 2016, for each 
certified model line, the manufacturer must conduct a quality assurance 
program that satisfies the requirements of paragraphs (m)(1) through (5) 
of this section. The quality assurance program requirements of this 
paragraph (m) supersede the quality assurance plan requirements 
previously specified in Sec. 60.533(o) that was in effect prior to May 
15, 2015. The manufacturer of a model line with a compliance 
certification under paragraph (h)(1) of this section must conduct a 
quality assurance program that satisfies the requirements of this 
paragraph (m) by May 16, 2016.
    (1) The manufacturer must prepare and operate according to a quality 
assurance plan for each certified model line that includes specific 
inspection

[[Page 629]]

and testing requirements for ensuring that all units within a model line 
are similar in all material respects that would affect emissions to the 
wood heater submitted for certification testing and meet the emissions 
standards in Sec. 60.532.
    (2) The quality assurance plan must be approved by the third-party 
certifier as part of the certification of conformity process specified 
in paragraph (f) of this section.
    (3) The quality assurance plan must include regular (at least 
annual) unannounced audits by the third-party certifier under ISO-IEC 
Standard 17065 to ensure that the manufacturer's quality assurance plan 
is being implemented.
    (4) The quality assurance plan must include a report for each audit 
under ISO-IEC Standard 17065 that fully documents the results of the 
audit. The third-party certifier must be authorized and required to 
submit all such reports to the Administrator and the manufacturer within 
30 days of the audit. The audit report must identify deviations from the 
manufacturer's quality assurance plan and specify the corrective actions 
that need to be taken to address each identified deficiency.
    (5) Within 30 days after receiving each audit report, the 
manufacturer must report to the third-party certifier and to the 
Administrator its corrective actions and responses to any deficiencies 
identified in the audit report. No such report is required if an audit 
report did not identify any deficiencies.
    (n) EPA compliance audit testing. (1)(i) The Administrator may 
select by written notice wood heaters or model lines for compliance 
audit testing to determine compliance with the emission standards in 
Sec. 60.532.
    (ii) The Administrator will transmit a written notification of the 
selected wood heaters or model line(s) to the manufacturer, which will 
include the name and address of the laboratory selected to perform the 
audit test and the model name and serial number of the wood heater(s) or 
model line(s) selected to undergo audit testing.
    (2)(i) The Administrator may test, or direct the manufacturer to 
have tested, a wood heater or a wood heater from the model line(s) 
selected under paragraph (n)(1)(i) of this section in a laboratory 
approved under Sec. 60.535. The Administrator may select any approved 
test laboratory or federal laboratory for this audit testing.
    (ii) The expense of the compliance audit test is the responsibility 
of the wood heater manufacturer.
    (iii) The test must be conducted using the same test method used to 
obtain certification. If the certification test consisted of more than 
one particulate matter sampling test method, the Administrator may 
direct the manufacturer and test laboratory as to which of these methods 
to use for the purpose of audit testing. The Administrator will notify 
the manufacturer at least 30 days prior to any test under this 
paragraph, and allow the manufacturer and/or his authorized 
representatives to observe the test.
    (3) Revocation of certification. (i) If emissions from a wood heater 
tested under paragraph (n)(2) of this section exceed the applicable 
emission standard by more than 50 percent using the same test method 
used to obtain certification, the Administrator will 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 will remain in 
effect until withdrawn by the Administrator, or the date 30 days from 
its effective date if a revocation notice under paragraph (n)(3)(ii) of 
this section is not issued within that period, or the date of final 
agency action on revocation, whichever occurs earliest.
    (ii)(A) If emissions from a wood heater tested under paragraph 
(n)(2) of this section exceed the applicable emission limit, the 
Administrator will notify the manufacturer that certification is revoked 
for that model line.
    (B) A revocation notice under paragraph (n)(3)(ii)(A) of this 
section will become final and effective 60 days after the date of 
written notification to the manufacturer, unless it is withdrawn, a 
hearing is requested under Sec. 60.539(a)(2), or the deadline for 
requesting a hearing is extended.

[[Page 630]]

    (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 6 months, by agreeing to a voluntary suspension of 
certification.
    (iii) Any notification under paragraph (n)(3)(i) or (n)(3)(ii) of 
this section will include a copy of a preliminary test report from the 
approved test laboratory or federal test laboratory. The test laboratory 
must provide a preliminary test report to the Administrator within 14 
days of the completion of testing, if a wood heater exceeds the 
applicable emission limit in Sec. 60.532. The test laboratory must 
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 
(n)(3)(ii) of this section, the manufacturer may request that up to four 
additional wood heaters from the same model line be tested at the 
manufacturer's expense, at the test laboratory that performed the 
emissions test for the Administrator.
    (v) Whether or not the manufacturer proceeds under paragraph 
(n)(3)(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 must bear the 
expense of any additional testing.
    (vi) The Administrator will withdraw any notice issued under 
paragraph (n)(3)(ii) of this section if tests under paragraph (n)(3)(iv) 
of this section show either--
    (A) That exactly four additional wood heaters were tested for the 
manufacturer and all four met the applicable emission limits; or
    (B) That exactly two additional wood heaters were tested for the 
manufacturer and each of them met the applicable emission limits and the 
average emissions of all three tested heaters (the original audit heater 
and the two additional heaters) met the applicable emission limits.
    (vii) If the Administrator withdraws a notice pursuant to paragraph 
(n)(3)(vi) of this section, the Administrator will revise the 
certification values for the model line based on the test data and other 
relevant information. The manufacturer must then revise the model line's 
labels and marketing information accordingly.
    (viii) 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 (n)(3)(iv) of 
this section and/or (n)(3)(v) of this section or by any other relevant 
information available to the Administrator.



Sec. 60.534  What test methods and procedures must I use to determine 
compliance with the standards and requirements for certification?

    Test methods and procedures specified in this section or in 
appendices of this part, except as provided under Sec. 60.8(b), must be 
used to determine compliance with the standards and requirements for 
certification under Sec. Sec. 60.532 and 60.533 and for reporting 
carbon monoxide emissions and efficiency as follows:
    (a)(1) For affected wood heaters subject to the 2015 and 2020 
particulate matter emission standards of Sec. Sec. 60.532(a) and (b), 
the manufacturer must have an EPA-approved test laboratory conduct 
testing according to paragraphs (a)(1)(i) or (ii) of this section. The 
manufacturer or manufacturer's authorized representative must submit a 
summary and the full test reports with all supporting information, 
including detailed discussion of all anomalies, whether all burn rate 
categories were properly achieved, any data not used in the calculations 
and, for any test runs not completed, the data that were collected and 
the reason that the test run was not completed. The burn rate for the 
low burn rate category must be no greater than the rate that an operator 
can achieve in home use and no greater than is advertised by the 
manufacturer or retailer. The manufacturer has the option of submitting 
test results obtained pursuant to either paragraph (a)(1)(i) or (ii) of 
this section to the Administrator as

[[Page 631]]

specified under Sec. 60.537 as part of a request for a certification of 
compliance.
    (i) Conduct testing with crib wood using EPA Method 28R of Appendix 
A-8 of this part or an alternative crib wood test method approved by the 
Administrator or the ASTM E2779-10 (IBR, see Sec. 60.17) pellet heater 
test method to establish the certification test conditions and the 
particulate matter emission values.
    (ii) Conduct testing with cord wood using an alternative cord wood 
test method approved by the Administrator to establish the certification 
test conditions and the particulate matter emission values.
    (2) For the 2020 cord wood alternative means of compliance option 
specified in Sec. 60.532(c), the manufacturer must have an EPA-approved 
test laboratory conduct testing with cord wood using an alternative cord 
wood test method approved by the Administrator to establish the 
certification test conditions and the particulate matter emission 
values.
    (b) [Reserved]
    (c) For affected wood heaters subject to the 2015 and 2020 
particulate matter emission standards specified in Sec. 60.532(a), (b) 
and (c), particulate matter emission concentrations must be measured 
with ASTM E2515-11 (IBR, see Sec. 60.17). Four-inch filters and Teflon 
membrane filters or Teflon-coated glass fiber filters may be used in 
ASTM E2515-11.
    (d) For all tests conducted using ASTM E2515-11 (IBR, see Sec. 
60.17) pursuant to this section, the manufacturer and approved test 
laboratory must also measure the first hour of particulate matter 
emissions for each test run using a separate filter in one of the two 
parallel trains. The manufacturer and approved test laboratory must 
report the test results for the first hour separately and also include 
them in the total particulate matter emissions per run.
    (e) The manufacturer must have the approved test laboratory measure 
the efficiency, heat output and carbon monoxide emissions of the tested 
wood heater using Canadian Standards Administration (CSA) Method B415.1-
10 (IBR, see Sec. 60.17), section 13.7.
    (f) Douglas fir may be used in ASTM E2779-10, ASTM E2780-10 and CSA 
B415.1-10 (IBR, see Sec. 60.17).
    (g) The manufacturer of an affected wood heater model line must 
notify the Administrator of the date that certification testing is 
scheduled to begin by email to [email protected]. This notice 
must be received by the EPA at least 30 days before the start of 
testing. The notification of testing must include the manufacturer's 
name and physical and email addresses, the approved test laboratory's 
name and physical and email addresses, the third-party certifier name, 
the model name and number (or, if unavailable, some other way to 
distinguish between models), and the dates of testing. The laboratory 
may substitute certification testing of another affected wood heater on 
the original date in order to ensure regular laboratory testing 
operations.
    (h) The approved test laboratory must allow the manufacturer, the 
manufacturer's approved third-party certifier, the EPA and delegated 
state regulatory agencies to observe certification testing. However, 
manufacturers must not involve themselves in the conduct of the test 
after the pretest burn has begun. Communications between the 
manufacturer and laboratory or third-party certifier personnel regarding 
operation of the wood heater must be limited to written communications 
transmitted prior to the first pretest burn of the certification test 
series. During certification tests, the manufacturer may communicate 
with laboratory personnel only in writing and only to notify them that 
the manufacturer has observed a deviation from proper test procedures. 
All communications must be included in the test documentation required 
to be submitted pursuant to Sec. 60.533(b)(5) and must be consistent 
with instructions provided in the owner's manual required under Sec. 
60.536(g), except to the extent that they address details of the 
certification tests that would not be relevant to owners or regulators.

[[Page 632]]



Sec. 60.535  What procedures must I use for EPA approval of a test 
laboratory or EPA approval of a third-party certifier?

    (a) Test laboratory approval. (1) A laboratory must apply to the 
Administrator for approval to test under this rule by submitting 
documentation that the laboratory is accredited by a nationally 
recognized accrediting entity under ISO-IEC Standard 17025 to perform 
testing using the test methods specified under Sec. 60.534. 
Laboratories accredited by EPA prior to May 15, 2015 may have until 
March 16, 2018 to submit documentation that they have accreditation 
under ISO-IEC Standard 17025 to perform testing using the test methods 
specified under Sec. 60.534. ISO accreditation is required for all 
other laboratories performing testing beginning on November 16, 2015.
    (2) As part of the application, the test laboratory must:
    (i) Agree to participate biennially in an independently operated 
proficiency testing program with no direct ties to the participating 
laboratories;
    (ii) Agree to allow the Administrator, regulatory agencies and 
third-party certifiers access to observe certification testing;
    (iii) Agree to comply with calibration, reporting and recordkeeping 
requirements that affect testing laboratories; and
    (iv) Agree to perform a compliance audit test at the manufacturer's 
expense at the testing cost normally charged to such manufacturer if the 
laboratory is selected by the Administrator to conduct the compliance 
audit test of the manufacturer's model line. The test laboratory must 
provide a preliminary audit test report to the Administrator within 14 
days of the completion of testing, if the tested wood heater exceeds the 
applicable emission limit in Sec. 60.532. The test laboratory must 
provide the Administrator and the manufacturer, within 30 days of the 
completion of audit 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.
    (v) Have no conflict of interest and receive no financial benefit 
from the outcome of certification testing conducted pursuant to Sec. 
60.533.
    (vi) Agree to not perform initial certification tests on any models 
manufactured by a manufacturer for which the laboratory has conducted 
research and development design services within the last 5 years.
    (vii) Agree to seal any wood heater on which it performed 
certification tests, immediately upon completion or suspension of 
certification testing, by using a laboratory-specific seal.
    (viii) Agree to immediately notify the Administrator of any 
suspended tests through email and in writing, giving the date suspended, 
the reason(s) why, and the projected date for restarting. The laboratory 
must submit the operation and test data obtained, even if the test is 
not completed.
    (3) If the EPA approves the laboratory, the Administrator will 
provide the test laboratory with a certificate of approval for testing 
under this rule. If the EPA does not approve the laboratory, the 
Administrator will give written notice to the laboratory setting forth 
the basis for the determination.
    (b) Revocation of test laboratory approval. (1) The Administrator 
may revoke the EPA laboratory approval if it is determined that the 
laboratory:
    (i) Is no longer accredited by the accreditation body;
    (ii) Does not follow required procedures or practices;
    (iii) Has falsified data or otherwise misrepresented emission data;
    (iv) Has failed to participate in a proficiency testing program, in 
accordance with its commitment under paragraph (a)(2)(i) of this 
section; or
    (v) Has failed to seal a wood heater in accordance with paragraph 
(a)(2)(vii) of this section.
    (2) Revocation of approval under this paragraph (b) will 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 will, at the discretion of the 
Administrator, be declared invalid.

[[Page 633]]

    (c) Period of test laboratory approval (1) With the exception of 
laboratories meeting the provisions of paragraph (c)(2) of this section, 
and unless revoked sooner, a certificate of approval for testing under 
this rule is valid for 5 years from the date of issuance.
    (2) Laboratories accredited by the EPA by May 15, 2015, under the 
provisions of Sec. 60.535 as in effect prior to that date may continue 
to be EPA accredited and deemed EPA approved for testing under this 
subpart until May 15, 2018, at which time the EPA accreditation and 
approval ends unless the laboratory has obtained accreditation under 
Sec. 60.535 as in effect on that date.
    (d) Third-party certifier approval. (1) A third-party certifier may 
apply to the Administrator for approval to be an EPA-approved third-
party certifier by submitting credentials demonstrating that it has been 
accredited by a nationally recognized accrediting entity to perform 
certifications and inspections under ISO-IEC Standard 17025, ISO-IEC 
Standard 17065 and ISO-IEC Standard 17020.
    (2) As part of the application, the third-party certifier must:
    (i) Agree to offer to contract with wood heater manufacturers to 
perform third-party certification activities according to the 
requirements of this subpart;
    (ii) Agree to periodically conduct audits as described in Sec. 
60.533(m) and the manufacturer's quality assurance program;
    (iii) Agree to comply with reporting and recordkeeping requirements 
that affect approved wood heater testing laboratories and third-party 
certifiers;
    (iv) Have no conflict of interest and receive no financial benefit 
from the outcome of certification testing conducted pursuant to Sec. 
60.533;
    (v) Agree to make available to the Administrator supporting 
documentation for each wood heater certification and audit; and
    (vi) Agree to not perform initial certification reviews on any 
models manufactured by a manufacturer for which the third-party 
certifier has conducted research and development design services within 
the last 5 years.
    (3) If approved, the Administrator will provide the third-party 
certifier with a certificate of approval. The approval will expire 5 
years after being issued unless renewed by the third-party certifier. If 
the EPA denies the approval, the Administrator will give written notice 
to the third-party certifier for the basis for the determination.
    (e) Revocation of third-party certifier approval. (1) The 
Administrator will revoke a third-party certifier's EPA approval if it 
is determined that the certifier;
    (i) Is no longer accredited by the accreditation body;
    (ii) Does not follow required procedures or practices; or
    (iii) Has falsified certification data or otherwise misrepresented 
emission data.
    (2) Revocation of approval under this paragraph (e) will not take 
effect until the certifier concerned is 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 upheld, all certifications by the certifier after written notice was 
given will, at the discretion of the Administrator, be declared invalid.



Sec. 60.536  What requirements must I meet for permanent labels, 
temporary labels (hangtags), and owner's manuals?

    (a) General permanent label requirements. (1) Each affected wood 
heater manufactured on or after the date the applicable standards come 
into effect as specified in Sec. 60.532, must have a permanent label 
affixed to it that meets the requirements of this section.
    (2) Except for wood heaters subject to Sec. 60.530(b)(1) through 
(5), the permanent label must contain the following information:
    (i) Month and year of manufacture of the individual unit;
    (ii) Model name or number;
    (iii) Certification test emission value, test method and standard 
met (e.g., 2015, 2020 crib wood, or 2020 cord wood); and
    (iv) Serial number.
    (3) The permanent label must:
    (i) Be affixed in a readily visible or readily accessible location 
in such a manner that it can be easily viewed before and after the 
appliance is installed

[[Page 634]]

(an easily-removable facade may be used for aesthetic purposes, however 
the bottom of a free-standing heater is not considered to be readily 
visible or readily accessible);
    (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 the 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, the integrity of the 
permanent label is not compromised, and the permanent label meets the 
requirements in Sec. 60.536(a)(3).
    (5) 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:
    (i) That a certification of compliance was in effect at the time the 
wood heater left the possession of the manufacturer;
    (ii) That the manufacturer was, at the time the label was affixed, 
conducting a quality assurance program in conformity with Sec. 
60.533(m); and
    (iii) That all wood heaters individually tested for emissions by the 
manufacturer under its quality assurance program pursuant to Sec. 
60.533(m) met the applicable emissions limits.
    (b) Permanent label requirements for adjustable burn rate wood 
heaters and pellet stoves. If an adjustable burn rate wood heater or 
pellet stove belongs to a model line certified under Sec. 60.533, and 
no wood heater in the model line has been found to exceed the applicable 
emission limits or tolerances through quality assurance testing, one of 
the following statements, as appropriate, must appear on the permanent 
label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with 2015 
particulate emission standards. Not approved for sale after May 15, 
2020.'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with 2020 
particulate emission standards using crib wood.'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with 2020 
particulate emission standards using cord wood.''

    (c) Permanent label requirements for single burn rate wood heaters. 
If the single burn rate wood heater belongs to a model line certified 
under Sec. 60.533, and no heater in the model line has been found to 
exceed the applicable emission limits or tolerances through quality 
assurance testing, one of the following statements, as appropriate, must 
appear on the permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with 2015 
particulate emission standards for single burn rate heaters. Not 
approved for sale after May 15, 2020. This single burn rate wood heater 
is not approved for use with a flue damper.'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with 2020 
particulate emission standards for single burn rate heaters. This single 
burn rate wood heater is not approved for use with a flue damper.''

    (d) Additional permanent label content. The permanent label for all 
certified wood heaters must also contain the following statement:

    ``This wood heater needs periodic inspection and repair for proper 
operation. Consult the owner's manual for further information. It is 
against federal regulations to operate this wood heater in a manner 
inconsistent with the operating instructions in the owner's manual.''

    (e) Permanent label requirements for affected wood heaters with 
exemptions under Sec. 60.530(b). (1) If an affected wood heater is 
manufactured in the United States for export as provided in Sec. 
60.530(b)(1), the following statement must appear on the permanent 
label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Export stove. May not be sold or 
operated within the United States.''

    (2) If an affected wood heater is manufactured for use for research 
and development purposes as provided in Sec. 60.530(b)(2), the 
following statement must appear on the permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Not certified. Research Stove. 
Not approved for sale or for operation other than for research.''


[[Page 635]]


    (3) If a wood heater is exclusively a non-wood-burning heater as 
provided Sec. 60.530(b)(3), the following statement must appear on the 
permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY This heater is not certified for 
wood burning. Use of any wood fuel is a violation of federal 
regulations.''

    (4) If an affected wood heater is a cook stove that meets the 
definition in Sec. 60.531, the following statement must appear on the 
permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY This unit is not a certified 
residential wood heater. The primary use for this unit is for cooking or 
baking.''

    (5) If an affected wood heater is a camp stove that meets the 
definition in Sec. 60.531, the following statement must appear on the 
permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY This unit is not a certified 
residential wood heater. For portable and temporary use only.''

    (f) Temporary label (hangtag) voluntary option. (1) Each model 
certified to meet the 2020 particulate matter emission standards of 
Sec. 60.532(b) prior May 15, 2020 may display the temporary labels 
(hangtags) specified in section 3 of Appendix I of this part. The 
electronic template will be provided by the Administrator upon approval 
of the certification.
    (2) The hangtags in paragraph (f)(1) of this section end on May 15, 
2020.
    (3) Each model certified to meet the 2020 Cord Wood Alternative 
Compliance Option of Sec. 60.532(c) may display the cord wood temporary 
label specified in section 3 of Appendix I of this part. The electronic 
template will be provided by the Administrator upon approval of the 
certification.
    (g) Owner's manual requirements. (1) Each affected wood heater 
offered for sale by a commercial owner must be accompanied by an owner's 
manual that must contain the information listed in paragraph (g)(2) of 
this section (pertaining to installation) and paragraph (g)(3) of this 
section (pertaining to operation and maintenance). Such information must 
be adequate to enable consumers to achieve optimal emissions 
performance. Such information must be consistent with the operating 
instructions provided by the manufacturer to the approved test 
laboratory for operating the wood heater during certification testing, 
except for details of the certification test that would not be relevant 
to the user. The commercial owner must also make current and historical 
owner's manuals available on the company Web site and upon request to 
the EPA.
    (2) Guidance on proper installation, include stack height, location 
and achieving proper draft.
    (3) Proper operation and maintenance information, including 
minimizing visible emissions:
    (i) Fuel loading and re-loading procedures; recommendations on fuel 
selection and warnings on what fuels not to use, such as unseasoned 
wood, treated wood, colored paper, cardboard, solvents, trash and 
garbage;
    (ii) Fire starting procedures;
    (iii) Proper use of air controls, including how to establish good 
combustion and how to ensure good combustion at the lowest burn rate for 
which the heater is warranted;
    (iv) Ash removal procedures;
    (v) Instructions for replacement of gaskets, air tubes and other 
parts that are critical to the emissions performance of the unit, and 
other maintenance and repair instructions;
    (vi) For catalytic or hybrid 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;
    (vii) For catalytic or hybrid models, the following statement--

``This wood heater contains a catalytic combustor, which needs periodic 
inspection and replacement for proper operation. It is against federal 
regulations to operate this wood heater in a manner inconsistent with 
operating instructions in this manual, or if the catalytic element is 
deactivated or removed.''

    (viii) For noncatalytic models, the following statement--

``This wood heater needs periodic inspection and repair for proper 
operation. It is against federal regulations to operate this wood heater 
in a manner inconsistent with operating instructions in this manual.''


[[Page 636]]


    (4) Any manufacturer using the EPA-recommended language contained in 
Appendix I of this part to satisfy any requirement of this paragraph (g) 
will be considered to be in compliance with that requirement, provided 
that the particular language is printed in full, with only such changes 
as are necessary to ensure accuracy for the particular wood heater model 
line.
    (h) Wood heaters that are affected by this subpart, but that have 
been owned and operated by a noncommercial owner, are not subject to 
paragraphs (f) and (g) of this section when offered for resale.



Sec. 60.537  What records must I keep and what reports must I submit?

    (a)(1) Each manufacturer who holds a certificate of compliance 
pursuant to Sec. 60.533(c), (e) or (f) for a model line must maintain 
records containing the information required by paragraph (a)(2) through 
(4) of this section with respect to that model line for at least 5 
years.
    (2) All documentation pertaining to the certification test used to 
obtain certification, including the full test report and raw data 
sheets, laboratory technician notes, calculations, the test results for 
all test runs, and discussions of the appropriateness and validity of 
all test runs, including runs attempted but not completed. The retained 
certification test documentation must include, as applicable, detailed 
discussion of all anomalies, whether all burn rate categories were 
properly achieved, any data not used in the calculations and, for any 
test runs not completed, the data that were collected and the reason 
that the test run was not completed. The retained certification test 
also must include documentation that the burn rate for the low burn rate 
category was no greater than the rate that an operator can achieve in 
home use and no greater than is advertised by the manufacturer or 
retailer.
    (3) Results of the quality assurance program inspections pursuant to 
Sec. 60.533(m).
    (4) For emissions tests conducted pursuant to the quality assurance 
program required by Sec. 60.533(m), all test reports, data sheets, 
laboratory technician notes, calculations, and test results for all test 
runs, the corrective actions taken, if any, and any follow-up actions 
such as additional testing.
    (b) Each approved test laboratory and third-party certifier must 
maintain records consisting of all documentation pertaining to each 
certification test, quality assurance program inspection and audit test, 
including the full test report and raw data sheets, technician notes, 
calculations, and the test results for all test runs. Each approved test 
laboratory must submit accreditation credentials and all proficiency 
test results to the Administrator. Each third-party certifier must 
submit each certification test, quality assurance program inspection 
report and ISO IEC accreditation credentials to the Administrator.
    (c) Each manufacturer must retain each wood heater upon which 
certification tests were performed based upon which certification was 
granted under Sec. 60.533(c) or (f) at the manufacturer's facility for 
a minimum of 5 years after the certification test. Each wood heater must 
remain sealed and unaltered. Any such wood heater must be made available 
to the Administrator upon request for inspection and testing.
    (d) Each manufacturer of an affected wood heater model line 
certified under Sec. 60.533(c) or (f) must submit a report to the 
Administrator every 2 years following issuance of a certificate of 
compliance for each model line. This report must include the sales for 
each model by state and certify that no changes in the design or 
manufacture of this model line have been made that require 
recertification under Sec. 60.533(k).
    (e)(1) Unless otherwise specified, all records required under this 
section must be maintained by the manufacturer, commercial owner of the 
affected wood heater, approved test laboratory or third-party certifier 
for a period of no less than 5 years.
    (2) Unless otherwise specified, all reports to the Administrator 
required under this subpart must be made to: [email protected].
    (f) Within 60 days after the date of completing each performance 
test, e.g., initial certification test, tests conducted for quality 
assurance, and tests for renewal or recertification, each

[[Page 637]]

manufacturer must submit the performance test data electronically to 
[email protected]. Owners or operators who claim that some of 
the information being submitted is CBI (e.g., design drawings) must 
submit a complete file, including the information claimed to be CBI, on 
a compact disk or other commonly used electronic storage media 
(including, but not limited to, flash drives) by mail, and the same 
file, with the CBI omitted, electronically. The compact disk must be 
clearly marked as CBI and mailed to U.S. EPA, OECA CBI Office, 
Attention: Residential Wood Heater Compliance Program Lead, 1200 
Pennsylvania Avenue NW., Washington, DC 20004. Emission data, including 
all information necessary to determine compliance, except sensitive 
engineering drawings and sensitive detailed material specifications, may 
not be claimed as CBI.
    (g) Within 30 days of receiving a certification of compliance for a 
model line, the manufacturer must make the full non-CBI test report and 
the summary of the test report available to the public on the 
manufacturer's Web site.
    (h) Each manufacturer who uses the exemption for R&D heaters under 
Sec. 60.530(b)(2) must maintain records for at least 5 years 
documenting where the heaters were located, that the heaters were never 
offered for sale or sold and that the heaters were not used for the 
purpose of heating.



Sec. 60.538  What activities are prohibited under this subpart?

    (a) No person is permitted to advertise for sale, offer for sale, 
sell or operate an affected wood heater that does not have affixed to it 
a permanent label pursuant to Sec. 60.536 (b) through (e), as 
applicable.
    (b) No person is permitted to advertise for sale, offer for sale, or 
sell an affected wood heater labeled under Sec. 60.536(e)(1) except for 
export. No person is permitted to operate an affected wood heater in the 
United States if it is labeled under Sec. 60.536(e)(1).
    (c)(1) No commercial owner is permitted to advertise for sale, offer 
for sale or sell an affected wood heater permanently labeled under Sec. 
60.536 (b) through (d), as applicable, unless:
    (i) The affected wood heater has been certified to comply with the 
2015 or 2020 particulate matter emission standards pursuant to Sec. 
60.532, as applicable. This prohibition does not apply to wood heaters 
affected by this subpart that have been previously owned and operated by 
a noncommercial owner; and
    (ii) The commercial owner provides any purchaser or transferee with 
an owner's manual that meets the requirements of Sec. 60.536(g) and a 
copy of the warranty.
    (2) No commercial owner is permitted to advertise for sale, offer 
for sale, or sell an affected wood heater permanently labeled under 
Sec. 60.536(b) and (c), unless the affected wood heater has been 
certified to comply with the 2015 or 2020 particulate matter emission 
standards of Sec. 60.532, as applicable.
    (3) A commercial owner other than a manufacturer complies with the 
requirements of paragraph (c)(1) of this section if the commercial 
owner--
    (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.
    (d)(1) In any case in which the Administrator revokes a certificate 
of compliance either for the 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, the 
Administrator may give notice of that revocation and the grounds for it 
to all commercial owners.
    (2) On and after the date of receipt of the notice given under 
paragraph (d)(1) of this section, no commercial owner is permitted to 
sell any wood heater covered by the revoked certificate (other than to 
the manufacturer) unless the model line has been recertified in 
accordance with this subpart.
    (e) No person is permitted to install or operate an affected wood 
heater except in a manner consistent with the instructions on its 
permanent label and in the owner's manual pursuant to Sec. 60.536(g), 
including only using fuels for which the unit is certified.

[[Page 638]]

    (f) No person is permitted to operate, sell or offer for sale an 
affected wood heater that was originally equipped with a catalytic 
combustor if the catalytic element is deactivated or removed.
    (g) No person is permitted to operate, sell or offer for sale an 
affected wood heater that has been physically altered to exceed the 
tolerance limits of its certificate of compliance, pursuant to Sec. 
60.533(k).
    (h) No person is permitted to alter, deface, or remove any permanent 
label required to be affixed pursuant to Sec. 60.536(a) through (e), as 
applicable.
    (i) If a temporary label is affixed to the wood heater, retailers 
may not sell or offer for sale that wood heater unless the temporary 
label affixed is in accordance with Sec. 60.536(f), as applicable.



Sec. 60.539  What hearing and appeal procedures apply to me?

    (a)(1) The affected manufacturer, laboratory or third-party 
certifier may request a hearing under this section within 30 days 
following receipt of the required notification in any case where the 
Administrator--
    (i) Denies an application for a certificate of compliance under 
Sec. 60.533(c) or Sec. 60.533(f);
    (ii) Denies an application for a renewal of certification under 
Sec. 60.533(i);
    (iii) Issues a notice of revocation of certification under Sec. 
60.533(1);
    (iv) Denies an application for laboratory approval under Sec. 
60.535(a);
    (v) Issues a notice of revocation of laboratory approval under Sec. 
60.535(b);
    (vi) Denies an application for third-party certifier approval under 
Sec. 60.535(d); or
    (vii) Issues a notice of revocation of third-party certifier 
approval under Sec. 60.535(e).
    (2) In any case where the Administrator issues a notice of 
revocation under Sec. 60.533(n)(3)(ii), the manufacturer may request a 
hearing under this section with the time limits set out in Sec. 
60.533(n)(3)(ii).
    (b) Any hearing request must be in writing, must be signed by an 
authorized representative of the petitioning manufacturer or laboratory 
and must 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 will 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 will 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 will 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 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 
intervener 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 intervener

[[Page 639]]

will 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 must state his interest and the 
reasons why the proposed amicus brief is desirable. If the motion is 
granted, the Presiding Officer or Administrator will issue an order 
setting the time for filing such brief. An amicus curia may participate 
in any briefing after his motion is granted, and will 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 will not be included. Saturdays, Sundays and federal legal holidays 
will be included. When a stated time expires on a Saturday, Sunday or 
legal holiday, the stated time period will be extended to include the 
next business day.
    (d)(l) Upon his appointment, the Presiding Officer must establish a 
hearing file. The file will consist of the notice issued by the 
Administrator under Sec. Sec. 60.533(c)(2), 60.533(f)(3), 60.533(i)(4), 
60.533(l)(2), 60.533(n)(3)(ii)(A), 60.535(a)(3), 60.535(b)(2), 
60.535(d)(3) or 60.535(e)(2) 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 approval 
or the proposed revocation of either.
    (2) The hearing file must 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 must be reduced to writing by the 
Presiding Officer and made part of the record.
    (g)(1) Hearings will 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 will 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 must 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 must, upon a showing satisfactory to 
the Presiding Officer of their authenticity, relevancy and materiality, 
be received in evidence and will constitute a part of the record.
    (h)(1) The Presiding Officer will make an initial decision which 
must 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 must be 
provided to the parties and made a part of the record. The initial 
decision will become the decision of the Administrator without further 
proceedings unless there is an appeal to the Administrator or motion for 
review by the Administrator. Except as provided in paragraph (h)(3) of 
this section, any such appeal must be taken

[[Page 640]]

within 20 days of the date the initial decision was filed.
    (2) On appeal from or review of the initial decision, the 
Administrator will have all the powers which he would have in making the 
initial decision including the discretion to require or allow briefs, 
oral argument, the taking of additional evidence or the remanding to the 
Presiding Officer for additional proceedings. The decision by the 
Administrator must 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 must render the initial decision within 60 days of 
that request. Any appeal to the Administrator must be taken within 10 
days of the initial decision, and the Administrator must render a 
decision in that appeal within 30 days of the filing of the appeal.



Sec. 60.539a  Who implements and enforces this subpart?

    (a) Under section 111(c) of the Clean Air Act, the Administrator may 
delegate the following implementation and enforcement authority to a 
state, local or tribal authority upon request:
    (1) Enforcement of prohibitions on the installation and operation of 
affected wood heaters in a manner inconsistent with the installation and 
owner's manual;
    (2) Enforcement of prohibitions on operation of catalytic wood 
heaters where the catalyst has been deactivated or removed;
    (3) Enforcement of prohibitions on advertisement and/or sale of 
uncertified model lines;
    (4) Enforcement of prohibitions on advertisement and/or sale of 
affected heaters that do not have required permanent label;
    (5) Enforcement of proper labeling of affected wood heaters; and
    (6) Enforcement of compliance with other labeling requirements for 
affected wood heaters.
    (7) Enforcement of certification testing procedures;
    (8) Enforcement of requirements for sealing of the tested heaters 
and meeting parameter limits; and
    (9) Enforcement of compliance requirements of EPA-approved 
laboratories.
    (b) Delegations shall not include:
    (1) Decisions on certification;
    (2) Revocation of certification;
    (3) Establishment or revision of standards;
    (4) Establishment or revision of test methods;
    (5) Laboratory and third-party certifier approvals and revocations;
    (6) Enforcing provisions governing content of owner's manuals; and
    (7) Hearings and appeals procedures.
    (c) Nothing in these delegations will prohibit the Administrator 
from enforcing any applicable requirements.
    (d) Nothing in these delegations will limit delegated entities from 
using their authority under section 116 of the Clean Air Act to adopt or 
enforce more restrictive requirements.



Sec. 60.539b  What parts of the General Provisions do not apply to me?

    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), (f) and (g);
    (c) Section 60.14; 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-

[[Page 641]]

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 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

[[Page 642]]

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 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))

[[Page 643]]

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]



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:

[[Page 644]]

    (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 (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

[[Page 645]]

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 
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.


[[Page 646]]


    (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):

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


[[Page 647]]


    (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 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

[[Page 648]]

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 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:

[[Page 649]]

[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:
[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),

[[Page 650]]

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)

    (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.

[[Page 651]]

    (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 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:

[[Page 652]]

[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.
    (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,

[[Page 653]]

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 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

[[Page 654]]

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 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

[[Page 655]]

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.
    (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

[[Page 656]]

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 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

[[Page 657]]

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 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

[[Page 658]]

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.
    (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.

[[Page 659]]

 
                                                           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....  ...............
----------------------------------------------------------------------------------------------------------------

    (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\

[[Page 660]]

 
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.
\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

[[Page 661]]

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 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.

[[Page 662]]

    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 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

[[Page 663]]

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.
    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,

[[Page 664]]

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.
    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

[[Page 665]]

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 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

[[Page 666]]

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.
    (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

[[Page 667]]

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.

  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\


[[Page 668]]


    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
[GRAPHIC] [TIFF OMITTED] TC16NO91.071


[[Page 669]]


[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 670]]

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 671]]

[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 672]]

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 673]]

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 674]]

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 675]]

    (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 676]]



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 677]]

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)] {5.711 x 10-15 [(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 678]]

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 679]]

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 680]]

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 681]]

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 682]]

    (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 683]]

    (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 684]]

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 685]]

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 686]]

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

[[Page 687]]

are used in the inks, standard gas 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.

[[Page 688]]

    (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.
    (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

[[Page 689]]

the exhaust point, and protected from interferences due to wind, 
weather, or other processes.
    (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).

[[Page 690]]

    (c) The reports required under paragraph (b) shall be postmarked 
within 30 days following the end of the second and fourth calendar 
quarters.
    (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).

[[Page 691]]

    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. 60.482-1(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.

[[Page 692]]

    (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. 60.482-3(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

[[Page 693]]

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. 60.593a(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

[[Page 694]]

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) 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 695]]

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 696]]

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 697]]

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 698]]

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 699]]

    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 700]]

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 701]]

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 702]]


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 703]]

[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 704]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.027


[[Page 705]]


[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 706]]

          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. Sec. 60.8 and 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 707]]

(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 708]]

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 709]]

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 710]]

    (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 711]]

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 712]]

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 713]]



  Subpart KKK_Standards of Performance for Equipment Leaks of VOC From 
     Onshore Natural Gas Processing Plants for Which Construction, 
Reconstruction, or Modification Commenced After January 20, 1984, and on 
                        or Before August 23, 2011

    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, and on or before August 23, 2011, 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.

[50 FR 26124, June 24, 1985, as amended at 77 FR 49542, Aug. 16, 2012]



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

[[Page 714]]

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.
    (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-

[[Page 715]]

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.
    (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.

[[Page 716]]

    (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.
    (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 SO2 Emissions From Onshore 
   Natural Gas Processing for Which Construction, Reconstruction, or 
 Modification Commenced After January 20, 1984, and on or Before August 
                                23, 2011

    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, and on or before August 23, 
2011.
    (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.

[50 FR 40160, Oct. 1, 1985, as amended at 77 FR 49542, Aug. 16, 2012]



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.

[[Page 717]]

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 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 718]]

[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 719]]

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 720]]

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 721]]

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 722]]

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 723]]

these standards, each owner or operator of a facility with a design 
capacity less that 2 LT/D of H2S in the acid gas (expressed 
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 724]]


    (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 (e), (f), and (g); 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 725]]

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; 
79 FR 11251, Feb. 27, 2014]



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 726]]

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 727]]

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 728]]

    (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 729]]

[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.

[[Page 730]]

    (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] 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

[[Page 731]]

          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.
[GRAPHIC] [TIFF OMITTED] TR17OC00.033


[[Page 732]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.034


[[Page 733]]


[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 734]]

    (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 735]]

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 736]]

    (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 737]]

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(g); and
    (3) The results of any performance test performed pursuant to the 
methods and procedures required by Sec. 60.664(e).
    (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 738]]

    (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; 79 FR 11251, Feb. 27, 2014]



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 739]]

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 740]]

 
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 741]]

    (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 742]]

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 743]]

    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 744]]

    (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 745]]

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 746]]

    (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 747]]

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 748]]

    (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 749]]

    (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 750]]

    (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 of Part 60--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          Yes..............  Except in (b) under
 standards and maintenance                          certain conditions
 requirements.                                      (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 of Part 60--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 751]]



    Sec. Table 3 to Subpart OOO of Part 60--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 ``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

[[Page 752]]

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 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

[[Page 753]]

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.



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.

[[Page 754]]

    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 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.

[[Page 755]]

    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.
    (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.

[[Page 756]]

    (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 subpart. Equipment used in handling 
slop oil shall be equipped with a fixed roof meeting the requirements of 
paragraph (a) of this section.

[[Page 757]]

    (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.
    (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.

[[Page 758]]

    (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.
    (ii) When a broken seal or gasket on an access door or other opening 
is identified, it shall be repaired as soon as

[[Page 759]]

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 greater 
than 20 percent of the design carbon replacement interval, whichever is 
greater. As an alternative to

[[Page 760]]

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.
    (iii) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually, divide

[[Page 761]]

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 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.
    (ii) For a carbon adsorption system that does not regenerate the 
carbon

[[Page 762]]

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.
    (g) If an owner or operator elects to install a tightly sealed cap 
or plug over

[[Page 763]]

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 before and after the catalyst 
bed), as

[[Page 764]]

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 765]]

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. Sec. 60.704(g) and 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 766]]

    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 767]]

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 768]]

    (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 769]]

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 770]]

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 771]]

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. Sec. 60.700(c)(2) and 
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

[[Page 772]]

          [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.
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 773]]

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. Sec. 60.8 and 60.704 and shall 
comply with Sec. Sec. 60.703, 60.704 and 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.

[[Page 774]]

    (2) Method 18 or Method 25A of part 60, appendix A shall be used to 
measure concentration.
    (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:

[[Page 775]]

    (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. 
60.704(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

[[Page 776]]

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 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

[[Page 777]]

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) 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

[[Page 778]]

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 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

[[Page 779]]

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 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

[[Page 780]]

 
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
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 781]]



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 782]]

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 783]]

    (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 784]]

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
                Status                                   Standard \c\                      \d\--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 785]]

 
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 786]]

 
    (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 787]]



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 788]]

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 789]]

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 790]]

[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 791]]

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 792]]

    (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 793]]



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 794]]

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 795]]

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 796]]

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 797]]

    (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 798]]



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 799]]

    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 800]]

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 801]]



                     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 802]]

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 803]]

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 804]]

    (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 805]]



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 806]]

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.

[[Page 807]]

Chv = the concentration of VOC in the gas stream exiting each 
          individual carbon 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.

[[Page 808]]

 
                                   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.
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 809]]

 
    (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 810]]

    (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 811]]

    (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 812]]

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 813]]

    (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 814]]

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 815]]

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 816]]

    (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 817]]

    (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 818]]

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 819]]

    (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 820]]

    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 821]]

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 822]]

    (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 823]]

    (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 824]]

    (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 825]]

    (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 826]]

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 827]]

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 828]]

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 829]]

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 830]]

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 831]]

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 832]]

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 833]]

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 834]]

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 835]]

    (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 836]]

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 837]]


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 838]]



    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 839]]

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 840]]



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 841]]

    (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 842]]

    (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 843]]

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 844]]

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 845]]

    (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 846]]



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 847]]

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 848]]

    (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 849]]



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 850]]

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 851]]

    (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 852]]



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 853]]

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 854]]

    (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 855]]

    (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 856]]

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 857]]

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 858]]

    (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 859]]



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 860]]

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 861]]


%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-o) * (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 862]]

                               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 863]]

    (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 864]]

    (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 865]]

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 866]]

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 867]]

 
    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 868]]



  Sec. Table 3 to Subpart AAAA of 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 to Subpart AAAA of 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 to Subpart AAAA of 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 869]]

 
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 870]]

    (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 871]]

    (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 872]]

    (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 873]]

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 874]]

    (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 875]]



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 876]]

    (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 877]]

    (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 878]]

    (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 879]]

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 880]]

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 881]]

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 882]]

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 883]]

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 884]]

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 885]]



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 886]]

    (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 887]]

    (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 888]]

    (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 889]]

    (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 890]]

    (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 891]]

    (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 892]]


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 893]]

          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 894]]

    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 895]]

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 896]]

    (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 897]]

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 898]]



    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 899]]



 Sec. Table 3 to Subpart BBBB of Part 60--Model Rule--Class I Nitrogen 
  Oxides Emission Limits for Existing Small Municipal Waste Combustion 
                              Units \a 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 900]]



  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, geometric 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      following 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 901]]



 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

    Source: 65 FR 75350, Dec. 1, 2000, unless otherwise noted.

                              Introduction



Sec. 60.2000  What does this subpart do?

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



Sec. 60.2005  When does this subpart become effective?

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

[78 FR 9178, Feb. 7, 2013]

                              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.

[[Page 902]]



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 CISWI unit that commenced construction after June 4, 2010.
    (2) A CISWI unit that commenced reconstruction or modification after 
August 7, 2013.
    (b) This subpart does not affect your CISWI unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units). Such changes do not qualify as reconstruction or modification 
under this subpart.

[76 FR 15450, Mar. 21, 2011, as amended at 78 FR 9178, Feb. 7, 2013]



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

    This subpart exempts the types of units described in paragraphs (a), 
(c) through (i) and (n) of this section, but some units are required to 
provide notifications. Air curtain incinerators are exempt from the 
requirements in this subpart except for the provisions in Sec. Sec. 
60.2242, 60.2250, and 60.2260.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste as defined in Sec. 60.2265 are not subject to this subpart if you 
meet the two requirements specified in paragraphs (a)(1) and (2) of this 
section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste burned, and the weight of all other fuels and wastes burned in the 
unit.
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
subject to subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); subpart AAAA of this part (Standards of Performance for 
Small Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Small Municipal Waste Combustion Units).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ce of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (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 submit documentation to the Administrator notifying the EPA 
that the qualifying small power production facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec. 60.2175(w).
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (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 submit documentation to the Administrator notifying the 
Agency that the qualifying cogeneration facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec. 60.2175(x).

[[Page 903]]

    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under ``Air Curtain 
Incinerators'' (Sec. Sec. 60.2245 through 60.2260).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j)-(l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for Sewage Sludge Incineration 
Units) or subpart MMMM of this part (Emission Guidelines for Sewage 
Sludge Incineration Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of this part (Standards of Performance for 
Other Solid Waste Incineration Units) or subpart FFFF of this part 
(Emission Guidelines and Compliance Times for Other Solid Waste 
Incineration Units).

[65 FR 75350, Dec. 1, 2000, as amended at 76 FR 15450, Mar. 21, 2011; 78 
FR 9178, Feb. 7, 2013]



Sec. 60.2030  Who implements and enforces this subpart?

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

[65 FR 75350, Dec. 1, 2000, as amended at 76 FR 15451, Mar. 21, 2011; 78 
FR 9179, Feb. 7, 2013]



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.

[[Page 904]]

    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.



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

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

                     Preconstruction Siting Analysis



Sec. 60.2045  Who must prepare a siting analysis?

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

[76 FR 15451, Mar. 21, 2011, as amended at 78 FR 9179, Feb. 7, 2013]



Sec. 60.2050  What is a siting analysis?

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

                          Waste Management Plan



Sec. 60.2055  What is a waste management plan?

    A waste management plan is a written plan that identifies both the 
feasibility and the methods used to reduce or separate certain 
components of solid waste from the waste stream in order to reduce or 
eliminate toxic emissions from incinerated waste.



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

    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.

[[Page 905]]

If all qualified CISWI unit operators are temporarily not accessible, 
you must follow the procedures in Sec. 60.2100.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.

[65 FR 75350, Dec. 1, 2000, as amended at 76 FR 15451, Mar. 21, 2011]



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

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



Sec. 60.2080  How do I obtain my operator qualification?

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



Sec. 60.2085  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course covering, at a minimum, the five topics described in 
paragraphs (a) through (e) of this section.
    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown 
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Prevention and correction of malfunctions or conditions that may 
lead to malfunction.
    (e) Discussion of operating problems encountered by attendees.

[65 FR 75350, Dec. 1, 2000, as amended at 76 FR 15451, Mar. 21, 2011]



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

[[Page 906]]

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.
    (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.

[[Page 907]]

You must submit the first status report 4 weeks after you notify the 
Administrator of the deviation under paragraph (b)(1) of this section. 
If the Administrator notifies you that your request to continue 
operation of the CISWI unit is disapproved, the CISWI unit may continue 
operation for 90 days, then must cease operation. Operation of the unit 
may resume if you meet the two requirements in paragraphs (b)(2)(i) and 
(ii) of this section.
    (i) A qualified operator is accessible as required under Sec. 
60.2070(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

                Emission Limitations and Operating Limits



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

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 1 of this subpart or 
tables 5 through 8 of this subpart by the applicable date in Sec. 
60.2140. You must be in compliance with the emission limitations of this 
subpart that apply to you at all times.
    (b) An incinerator 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 August 7, 2013, must meet the more stringent emission limit for the 
respective pollutant in table 1 of this subpart or table 6 of subpart 
DDDD.

[76 FR 15451, Mar. 21, 2011, as amended at 78 FR 9179, Feb. 7, 2013]



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

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 2 of this subpart) as 
described in paragraphs (a)(1) through (4) of this section during the 
initial performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii), as appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour average pressure drop 
across the wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations; or minimum amperage to the wet scrubber, which is 
calculated as the lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-
hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your CISWI unit reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup.
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no

[[Page 908]]

alarm time is counted. If corrective action is required, each alarm 
shall be counted as a minimum of 1 hour. If you take longer than 1 hour 
to initiate corrective action, the alarm time shall be counted as the 
actual amount of time taken by you to initiate corrective action.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations, you must measure the (secondary) voltage and 
amperage of the electrostatic precipitator collection plates during the 
particulate matter performance test. Calculate the average electric 
power value (secondary voltage x secondary current = secondary electric 
power) for each test run. The operating limit for the electrostatic 
precipitator is calculated as the lowest 1-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with the 
emission limitations, you must measure the sorbent flow rate during the 
performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lower secondary chamber temperature, 
and lowest reagent flow rate measured during the most recent performance 
test demonstrating compliance with the nitrogen oxides emission 
limitations.
    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
or each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at lower 
loads, multiply your sorbent injection rate by the load fraction, as 
defined in this subpart, to determine the required injection rate (e.g., 
for 50 percent load, multiply the injection rate operating limit by 
0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, or 
fabric filter to comply with the emission limitations, and if you do not 
determine compliance with your particulate matter emission limitation 
with a particulate matter CEMS, you must maintain opacity to less than 
or equal to 10 percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section.
    (1) Determine your operating limit as the average PM CPMS output 
value recorded during the performance test or at a PM CPMS output value 
corresponding to 75% of the emission limit if your PM performance test 
demonstrates compliance below 75% of the emission limit. You must verify 
an existing or establish a new operating limit after each repeated 
performance test. You must repeat the performance test annually and 
reassess and adjust the site-specific operating limit in accordance with 
the results of the performance test.
    (A) Your PM CPMS must provide a 4-20 milliamp output and the 
establishment of its relationship to manual reference method 
measurements must be determined in units of milliamps.
    (B) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS

[[Page 909]]

is an auto-ranging instrument capable of multiple scales, the primary 
range of the instrument must be capable of reading PM concentration from 
zero to a level equivalent to two times your allowable emission limit.
    (C) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values from the PM CPMS for the periods 
corresponding to the compliance test runs (e.g., average all your PM 
CPMS output values for three corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below 
75% of your PM emission limit, you must calculate an operating limit by 
establishing a relationship of PM CPMS signal to PM concentration using 
the PM CPMS instrument zero, the average PM CPMS values corresponding to 
the three compliance test runs, and the average PM concentration from 
the Method 5 or performance test with the procedures in (i)(1) through 
(5) of this section.
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (B) Zero point data for extractive instruments should be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your source 
is combusting only natural gas) and plotting these with the compliance 
data to find the zero intercept.
    (D) If none of the steps in paragraphs (i)(2)(i) through (iv) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, and the 
average of your corresponding three PM compliance test runs, using 
equation 1.
[GRAPHIC] [TIFF OMITTED] TR07FE13.000

Where:

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

    (iii) With your instrument zero expressed in milliamps, your three 
run average PM CPMS milliamp value, and your three run average PM 
concentration from your three compliance tests, determine a relationship 
of lb/Mmbtu per milliamp with equation 2.
[GRAPHIC] [TIFF OMITTED] TR07FE13.001

Where:

    R = the relative mg/dscm per milliamp for your PM CPMS,
    Y1 = the three run average mg/dscm PM concentration,
    X1 = the three run average milliamp output from you PM 
CPMS, and

[[Page 910]]

    z = the milliamp equivalent of your instrument zero determined from 
(2)(i).

    (iv) Determine your source specific 30-day rolling average operating 
limit using the mg/dscm per milliamp value from Equation 2 in equation 
3, below. This sets your operating limit at the PM CPMS output value 
corresponding to 75% of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR07FE13.002

Where:

    Ol = the operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps.
    L = your source emission limit expressed in lb/Mmbtu,
    z = your instrument zero in milliamps, determined from (2)(a), and
    R = the relative mg/dscm per milliamp for your PM CPMS, from 
Equation 3.

    (3) If the average of your three PM compliance test runs is at or 
above 75% of your PM emission limit you must determine your operating 
limit by averaging the PM CPMS milliamp output corresponding to your 
three PM performance test runs that demonstrate compliance with the 
emission limit using equation 4 and you must submit all compliance test 
and PM CPMS data according to the reporting requirements in paragraph 
(i)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR07FE13.003

Where:

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

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

[65 FR 75350, Dec. 1, 2000, as amended at 76 FR 15451, Mar. 21, 2011; 78 
FR 9179, Feb. 7, 2013]



Sec. 60.2115  What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 

electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or limit 
emissions in some other manner, including material balances, to comply 
with the emission limitations under Sec. 60.2105, you must petition the 
EPA Administrator for

[[Page 911]]

specific operating limits to be established during the initial 
performance test and continuously monitored thereafter. You must submit 
the petition at least sixty days before the performance test is 
scheduled to begin. Your petition must include the five items listed in 
paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters and how 
limits on these 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.

[76 FR 15451, Mar. 21, 2011, as amended at 78 FR 9180, Feb. 7, 2013]



Sec. 60.2120  Affirmative defense for violation of emission 
standards 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 violations of such standards that are caused by 
malfunction, as defined at 40 CFR 60.2. Appropriate penalties may be 
assessed 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) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, you must timely meet 
the reporting requirements in paragraph (b) of this section, and must 
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control 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) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred; and
    (3) The frequency, amount, and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation 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 
violation 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 violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source 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 violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.

[[Page 912]]

    (b) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. This affirmative defense report 
shall be included in the first periodic compliance, deviation report or 
excess emission report otherwise required after the initial occurrence 
of the violation of the relevant standard (which may be the end of any 
applicable averaging period). If such compliance, deviation report or 
excess emission report is due less than 45 days after the initial 
occurrence of the violation, the affirmative defense report may be 
included in the second compliance, deviation report or excess emission 
report due after the initial occurrence of the violation of the relevant 
standard.

[78 FR 9181, Feb. 7, 2013]

                           Performance Testing



Sec. 60.2125  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec. 60.2175(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 1 of this subpart or tables 5 through 8 of 
this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 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 (4) of this section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or 
split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.)
    (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic equivalency 
factor specified in table 3 of this subpart.
    (4) Sum the products calculated in accordance with paragraph (g)(3) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be 
used to determine compliance with the fugitive ash emission limit in 
table 1 of this subpart or tables 5 through 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4 of this part, based on three 1-hour blocks 
consisting of ten 6-

[[Page 913]]

minute average opacity values, unless you are required to install a 
continuous opacity monitoring system, consistent with Sec. Sec. 60.2145 
and 60.2165.
    (j) You must determine dioxins/furans total mass basis by following 
the procedures in paragraphs (j)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot or 
split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.)
    (3) Sum the quantities measured in accordance with paragraphs (j)(1) 
and (2) of this section to obtain the total concentration of dioxins/
furans emitted in terms of total mass basis.

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15453, Mar. 21, 2011; 78 
FR 9181, Feb. 7, 2013]



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.

[76 FR 15453, Mar. 21, 2011]

                     Initial Compliance Requirements



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

    You must conduct a performance test, as required under Sec. Sec. 
60.2125 and 60.2105 to determine compliance with the emission 
limitations in table 1 of this subpart or tables 5 through 8 of this 
subpart, to establish compliance with any opacity operating limit in 
Sec. 60.2110,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.

[76 FR 15453, Mar. 21, 2011]



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

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

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15453, Mar. 21, 2011; 78 
FR 9181, Feb. 7, 2013]



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

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the device's initial startup.
    (b) Within 10 operating days following an air pollution control 
device

[[Page 914]]

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]

                   Continuous Compliance Requirements



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

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in 
this subpart apply at all times.
    (2) If you cease combusting solid waste, you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste, you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a date 
selected by you, that must be at least 6 months from the date that you 
ceased combusting solid waste, consistent with Sec. 60.2145(a)(2). Your 
source must remain in compliance with this subpart until the effective 
date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to the 
provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable after 
you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3)of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the waste-
to-fuel, or fuel-to-waste switch. All calibration and drift checks must 
be performed as of the effective date of the waste-to-fuel, or fuel-to-
waste switch. Relative accuracy tests must be performed as of the 
performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed

[[Page 915]]

consistent with Clean Air Act section 112 monitoring requirements or 
monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 1 of this subpart or tables 5 through 8 of this subpart 
and opacity for each CISWI unit as required under Sec. 60.2125. The 
annual performance test must be conducted using the test methods listed 
in table 1 of this subpart or tables 5 through 8 of this subpart and the 
procedures in Sec. 60.2125. Annual performance tests are not required 
if you use CEMS or continuous opacity monitoring systems to determine 
compliance.
    (c) You must continuously monitor the operating parameters specified 
in Sec. 60.2110 or established under Sec. 60.2115 and as specified in 
Sec. 60.2170. Use 3-hour block average values to determine compliance 
(except for baghouse leak detection system alarms) unless a different 
averaging period is established under Sec. 60.2115 or, for energy 
recovery units, where the averaging time for each operating parameter is 
a 30-day rolling, calculated each hour as the average of the previous 
720 operating hours. Operation above the established maximum, below the 
established minimum, or outside the allowable range of operating limits 
specified in paragraph (a) of this section constitutes a deviation from 
your operating limits established under this subpart, except during 
performance tests conducted to determine compliance with the emission 
and operating limits or to establish new operating limits. Operating 
limits are confirmed or reestablished during performance tests.
    (d) You must burn only the same types of waste and fuels used to 
establish subcategory applicability (for energy recovery units) and 
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote units, 
you must perform an annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity (except where particulate matter CEMS or 
continuous opacity monitoring systems are used are used) and the 
pollutants listed in table 6 of this subpart.
    (g) You may elect to demonstrate continuous compliance with the 
carbon monoxide emission limit using a carbon monoxide CEMS according to 
the following requirements:
    (1) You must measure emissions according to Sec. 60.13 to calculate 
1-hour arithmetic averages, corrected to 7 percent oxygen. CEMS data 
during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen content. 
You must demonstrate initial compliance with the carbon monoxide 
emissions limit using a 30-day rolling average of these 1-hour 
arithmetic average emission concentrations, including CEMS data during 
startup and shutdown as defined in this subpart, calculated using 
Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 of this part.
    (2) Operate the carbon monoxide CEMS in accordance with the 
requirements of performance specification 4A of appendix B of this part 
and quality assurance procedure 1 of appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with average annual 
heat input rates greater than or equal to 250 MMBtu/hr may elect to 
demonstrate continuous compliance with the particulate matter emissions 
limit using a particulate matter CEMS according to the procedures in 
Sec. 60.2165(n) instead of the particulate matter continuous parameter 
monitoring system (CPMS) specified in Sec. 60.2145. Coal and liquid/gas 
energy recovery units with annual average heat input rates less than 250 
MMBtu/hr, incinerators, and small remote incinerators may also elect to 
demonstrate compliance using a particulate matter CEMS according to the 
procedures in Sec. 60.2165(n) instead of particulate matter testing 
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, 
the continuous opacity monitoring requirements in paragraph (i) of this 
section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you 
must install, operate, certify and maintain a

[[Page 916]]

continuous opacity monitoring system (COMS) according to the procedures 
in Sec. 60.2165.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for cadmium, lead, dioxins/furans and hydrogen chloride as listed 
in table 7 of this subpart. You must determine compliance with hydrogen 
chloride using a hydrogen chloride CEMS if you do not use an acid gas 
wet scrubber or dry scrubber. You must determine compliance with 
nitrogen oxides, sulfur dioxide, and carbon monoxide using CEMS. You 
must determine compliance with particulate matter using CPMS. You must 
determine compliance with the mercury emissions limit using a mercury 
CEMS according to the following requirements:
    (1) Operate a CEMS system in accordance with performance 
specification 12A of 40 CFR part 60, appendix B or a sorbent trap based 
integrated monitor in accordance with performance specification 12B of 
40 CFR part 60, appendix B. The duration of the performance test must be 
a calendar month. For each calendar month in which the waste-burning 
kiln operates, hourly mercury concentration data, and stack gas 
volumetric flow rate data must be obtained. You must demonstrate 
compliance with the mercury emissions limit using a 30-day rolling 
average of these 1-hour mercury concentrations, including CEMS data 
during startup and shutdown as defined in this subpart, calculated using 
Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 of this part. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content.
    (2) Owners or operators using a mercury CEMS must install, operate, 
calibrate, and maintain an instrument for continuously measuring and 
recording the mercury mass emissions rate to the atmosphere according to 
the requirements of performance specifications 6 and 12A of 40 CFR part 
60, appendix B, and quality assurance procedure 6 of 40 CFR part 60, 
appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury CEMS while the raw mill of the 
in-line kiln/raw mill is operating under normal conditions and including 
at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec. 60.13(i).
    (l) For each continuous monitoring system required in this section, 
you must develop and submit to the EPA Administrator for approval a 
site-specific monitoring plan according to the requirements of this 
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this 
section.
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f), and (g).

[[Page 917]]

    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the pH of the operating limit) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) through (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.

[[Page 918]]

    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system to 
comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec. 60.17).
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that will 
sound an alarm when an increase in relative particulate matter emissions 
over a preset level is detected. The alarm must be located where it is 
observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec. 
60.2165 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using Equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of 
this part. The sulfur dioxide CEMS must be operated according to 
performance specification 2 in appendix B of this part and must follow 
the procedures and methods specified in this paragraph (s). For sources 
that have actual inlet emissions less than 100 parts per million dry 
volume, the relative accuracy criterion for inlet sulfur dioxide CEMS 
should be no greater than 20 percent of the mean value of the reference 
method test data in terms of the units of the emission standard, or 5 
parts per million dry volume absolute value of the mean difference 
between the reference method and the CEMS, whichever is greater.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of this part, collect sulfur 
dioxide and oxygen (or carbon dioxide) data concurrently (or within a 
30- to 60-minute period) with both the CEMS and the test methods 
specified in paragraphs (s)(1)(i) and (ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec. 60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17), must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this rule. The 
span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous compliance 
with the nitrogen oxides emission limit, compliance with the nitrogen 
oxides emission limit may be demonstrated by using the CEMS specified

[[Page 919]]

in Sec. 60.2165 to measure nitrogen oxides. CEMS data during startup 
and shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, using Equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7 of this part. The 
nitrogen oxides CEMS must be operated according to performance 
specification 2 in appendix B of this part and must follow the 
procedures and methods specified in paragraphs (t)(1) through (5) of 
this section.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of this part, collect nitrogen 
oxides and oxygen (or carbon dioxide) data concurrently (or within a 30- 
to 60-minute period) with both the CEMS and the test methods specified 
in paragraphs (t)(1)(i) and (ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR part 
60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec. 60.17), as applicable, 
must be used.
    (2) The span value of the continuous emission monitoring system must 
be 125 percent of the maximum estimated hourly potential nitrogen oxide 
emissions of the unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through 
(t)(4)(iv) of this section. This relationship may be re-established 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec. 60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a CEMS to demonstrate continuous compliance 
with any of the emission limits of this subpart, you must complete the 
following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using Equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of 
this part. CEMS data during startup and shutdown, as defined in the 
subpart, are not corrected to 7 percent oxygen, and are measured at 
stack oxygen content.
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain a oxygen analyzer system as 
defined in Sec. 60.2265 according to the procedures in paragraphs 
(w)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec. 60.2675.

[[Page 920]]

    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during the 
most recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using Equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (x)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS according 
to the procedures in your approved site-specific monitoring plan 
developed in accordance with Sec. 60.2145(l) and (x)(1)(i) through 
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-stack 
or extractive light scatter, light scintillation, beta attenuation, or 
mass accumulation detection of the exhaust gas or representative sample. 
The reportable measurement output from the PM CPMS must be expressed as 
milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations of no greater than 0.5 mg/actual cubic 
meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified in 
Sec. 60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM CPMS 
output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments), and any scheduled maintenance 
as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during

[[Page 921]]

startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional testing 
for any deviations that occur between the time of the original deviation 
and the PM emissions compliance test required under this paragraph.
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.

[76 FR 15453, Mar. 21, 2011, as amended at 78 FR 9182, Feb. 7, 2013]



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.

[76 FR 15456, Mar. 21, 2011]



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

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

[76 FR 15456, Mar. 21, 2011]



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

[[Page 922]]

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]

[76 FR 15456, Mar. 21, 2011]



Sec. 60.2160  May I conduct a repeat performance test to establish 
new operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used to 
demonstrate compliance.

                               Monitoring



Sec. 60.2165  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec. 60.2105, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 2 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 2 of this subpart at all times except as specified in Sec. 
60.2170(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will alert automatically an operator when an increase in 
relative particulate matter emissions over a preset level is detected. 
The alarm must be located where it is observed easily by plant operating 
personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec. 60.2105, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec. 60.2115.

[[Page 923]]

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

[[Page 924]]

a continuous automated sampling system and must comply with performance 
specification 12A and quality assurance procedure 5, as well as the 
requirements specified in Sec. 60.58b(p) and (q). A facility may 
substitute continuous mercury monitoring for the minimum sorbent flow 
rate, if activated carbon sorbent injection is used solely for 
compliance with the mercury emission limit.
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a CEMS for the 
nitrogen oxides annual performance test to demonstrate compliance with 
the nitrogen oxides emissions limits and monitoring the charge rate, 
secondary chamber temperature, and reagent flow for selective 
noncatalytic reduction, if applicable.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
nitrogen oxides emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 2 
of appendix B of this part, the quality assurance procedure one of 
appendix F of this part and the procedures under Sec. 60.13 must be 
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec. 
60.2125, compliance with the emission limit for nitrogen oxides required 
under Sec. 60.52b(d) must be determined based on the 30-day rolling 
average of the hourly emission concentrations using CEMS outlet data. 
The 1-hour arithmetic averages must be expressed in parts per million by 
volume corrected to 7 percent oxygen (dry basis) and used to calculate 
the 30-day rolling average concentrations. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. The 1-hour arithmetic 
averages must be calculated using the data points required under Sec. 
60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the sulfur dioxide annual performance test to 
demonstrate compliance with the sulfur dioxide emissions limits.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 2 
of appendix B of this part, the quality assurance requirements of 
procedure one of appendix F of this part and procedures under Sec. 
60.13 must be followed for installation, evaluation, and operation of 
the CEMS.
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec. 60.2125, 
compliance with the sulfur dioxide emission limit may be determined 
based on the 30-day rolling average of the hourly arithmetic average 
emission concentrations using CEMS outlet data. The 1-hour arithmetic 
averages must be expressed in parts per million corrected to 7 percent 
oxygen (dry basis) and used to calculate the 30-day rolling average 
emission concentrations. CEMS data during startup and shutdown, as 
defined in this subpart, are not corrected to 7 percent oxygen, and are 
measured at stack oxygen content. The 1-hour arithmetic averages must be 
calculated using the data points required under Sec. 60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250 
MMBtu/hr annual average heat input rates that do not use a wet scrubber, 
fabric filter with bag leak detection system, or particulate matter 
CEMS, you must install, operate, certify, and maintain a continuous 
opacity monitoring system according to the procedures in paragraphs 
(m)(1) through (5) of this section by the compliance date specified in 
Sec. 60.2105. Energy recovery units that use a CEMS to demonstrate 
initial and continuing compliance according to the procedures in Sec. 
60.2165(n) are not required to install a continuous opacity monitoring 
system and must perform the annual performance tests for the opacity 
consistent with Sec. 60.2145(f).
    (1) Install, operate, and maintain each continuous opacity 
monitoring system according to performance specification 1 of 40 CFR 
part 60, appendix B.

[[Page 925]]

    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec. 60.13 and 
according to PS-1 of 40 CFR part 60, appendix B.
    (3) As specified in Sec. 60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec. 60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour block 
averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, and 
small remote incinerators, an owner or operator may elect to install, 
calibrate, maintain, and operate a CEMS for monitoring particulate 
matter emissions discharged to the atmosphere and record the output of 
the system. The owner or operator of an affected facility who 
continuously monitors particulate matter emissions instead of conducting 
performance testing using EPA Method 5 at 40 CFR part 60, appendix A-3 
or, as applicable, monitor with a particulate matter CPMS according to 
paragraph (r) of this section, must install, calibrate, maintain, and 
operate a CEMS and must comply with the requirements specified in 
paragraphs (n)(1) through (13) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor must be installed, evaluated, and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
two of appendix F of this part and Sec. 60.13. Use Method 5 or Method 
5I of Appendix A of this part for the PM CEMS correlation testing.
    (4) The initial performance evaluation must be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec. 60.2125 or within 180 days of 
notification to the Administrator of use of the continuous monitoring 
system if the owner or operator was previously determining compliance by 
Method 5 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec. 60.2145(s)(5)(i) through 
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec. 60.2125. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in this paragraph (n) to measure 
particulate matter. You must calculate a 30-day rolling average of 1-
hour arithmetic average emission concentrations, including CEMS data 
during startup and shutdown, as defined in this subpart, using Equation 
19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 
appendix A-7.
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using Equation 
19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 
appendix A-7 from the 1-hour arithmetic average CEMS outlet data.
    (8) At a minimum, valid continuous monitoring system hourly averages 
must be obtained as specified in Sec. 60.2170(e).
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (dry basis) and must be used to 
calculate the 30-day rolling average emission concentrations. CEMS data 
during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen content. 
The 1-hour arithmetic averages must be calculated using the data points 
required under Sec. 60.13(e)(2).

[[Page 926]]

    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (n)(8) of this section are not met.
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of this part, particulate 
matter and oxygen (or carbon dioxide) data must be collected 
concurrently (or within a 30- to 60-minute period) by both the CEMS and 
the following test methods.
    (i) For particulate matter, EPA Reference Method 5 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, you must use a continuous automated sampling system.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec. 60.13 must be 
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec. 
60.2140, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data during startup 
and shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. The 1-hour arithmetic 
averages must be calculated using the data points required under Sec. 
60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain, 
and operate a device or method for measuring the use of the bypass stack 
including date, time and duration.
    (q) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain a oxygen analyzer system as 
defined in Sec. 60.2265 according to the procedures in paragraphs 
(q)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec. 60.2675.
    (2) You must operate the oxygen trim system within compliance with 
paragraph (q)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen according 
to paragraph (q)(4) or this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using Equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. If you elect to use a particulate matter CEMS as specified 
in paragraph (n) of this section, you are not required to use a PM CPMS 
to monitor particulate matter emissions. For other energy recovery 
units, you may elect to use PM CPMS operated in accordance with this 
section. PM CPMS are suitable in lieu of using other CMS for monitoring 
PM compliance (e.g., bag leak detectors,

[[Page 927]]

ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS according 
to the procedures in your approved site-specific monitoring plan 
developed in accordance with Sec. 60.2145(l) and (r)(1)(i) through 
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-stack 
or extractive light scatter, light scintillation, beta attenuation, or 
mass accumulation detection of PM in the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations of no greater than 0.5 mg/actual cubic 
meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified in 
Sec. 60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM CPMS 
output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments), and any scheduled maintenance 
as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value; and

[[Page 928]]

    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional testing 
for any deviations that occur between the time of the original deviation 
and the PM emissions compliance test required under this paragraph.
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of 
this subpart, you must monitor the injection rate of each sorbent and 
maintain the 3-hour block averages at or above the operating limits 
established during the hydrogen chloride performance test.

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15457, Mar. 21, 2011; 78 
FR 9184, Feb. 7, 2013]



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

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

[76 FR 15459, Mar. 21, 2011, as amended at 78 FR 9187, Feb. 7, 2013]

                       Recordkeeping and Reporting



Sec. 60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (x) of this section for a period of 
at least 5 years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under

[[Page 929]]

Sec. 60.2110(d) through (g) or Sec. 60.2115, you must maintain data 
collected for all operating parameters used to determine compliance with 
the operating limits. For energy recovery units using activated carbon 
injection or a dry scrubber, you must also maintain records of the load 
fraction and corresponding sorbent injection rate records.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec. 
60.2110(c).
    (c)-(d) [Reserved]
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec. 60.2110(d) 
through (g) or Sec. 60.2115 with a description of the deviations, 
reasons for such deviations, and a description of corrective actions 
taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) All documentation produced as a result of the siting 
requirements of Sec. Sec. 60.2045 and 60.2050.
    (h) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2095(a) as required by 
Sec. 60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (i) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2070, met 
the criteria for qualification under Sec. 60.2080, and maintained or 
renewed their qualification under Sec. 60.2085 or Sec. 60.2090. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (j) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (k) Records of calibration of any monitoring devices as required 
under Sec. 60.2165.
    (l) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (m) The information listed in Sec. 60.2095(a).
    (n) On a daily basis, keep a log of the quantity of waste burned and 
the types of waste burned (always required).
    (o) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 1 of this subpart or tables 5 through 8 of 
this subpart, any required maintenance, and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency.
    (p) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter 
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions.
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs.
    (q) Records indicating use of the bypass stack, including dates, 
times, and durations.
    (r) If you choose to stack test less frequently than annually, 
consistent with Sec. 60.2155(a) through (c), you must

[[Page 930]]

keep annual records that document that your emissions in the previous 
stack test(s) were less than 75 percent of the applicable emission limit 
and document that there was no change in source operations including 
fuel composition and operation of air pollution control equipment that 
would cause emissions of the relevant pollutant to increase within the 
past year.
    (s) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (t) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (v) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec. 241.3(b)(1) of this chapter, you must keep a record which 
documents how the secondary material meets each of the legitimacy 
criteria under Sec. 241.3(d)(1). If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
Sec. 241.3(b)(4) of this chapter, you must keep records as to how the 
operations that produced the fuel satisfies the definition of processing 
in Sec. 241.2 and each of the legitimacy criteria of Sec. 241.3(d)(1) 
of this chapter. If the fuel received a non-waste determination pursuant 
to the petition process submitted under Sec. 241.3(c) of this chapter, 
you must keep a record that documents how the fuel satisfies the 
requirements of the petition process. For operating units that combust 
non-hazardous secondary materials as fuel per Sec. 241.4, you must keep 
records documenting that the material is a listed non-waste under Sec. 
241.4(a).
    (w) Records of the criteria used to establish that the unit 
qualifies as a small power production facility under section 3(17)(C) of 
the Federal Power Act (16 U.S.C. 796(17)(C)) and that the waste material 
the unit is proposed to burn is homogeneous.
    (x) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material the 
unit is proposed to burn is homogeneous.

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15459, Mar. 21, 2011; 78 
FR 9187, Feb. 7, 2013]



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.

[[Page 931]]



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.)



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

    The annual report required under Sec. 60.2205 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec. 60.2215, 
60.2220, and 60.2225.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.2110 or Sec. 60.2115.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported.
    (g) Information recorded under Sec. 60.2175(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) 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.
    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation that 
occurs for a CISWI unit for which you are not using a continuous 
monitoring system to comply with the emission or operating limitations 
in this subpart, the annual report must contain the following 
information.
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in paragraph 
(o) of this section, the annual report must

[[Page 932]]

contain the following information for each deviation from an emission or 
operating limitation occurring for a CISWI unit for which you are using 
a continuous monitoring system to comply with the emission and operating 
limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system 
certification or audit.
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control in accordance 
with the procedure in 40 CFR part 60, appendix F of this part, as if any 
of the following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15460, Mar. 21, 2011; 78 
FR 9187, Feb. 7, 2013]



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

[[Page 933]]

this subpart, include the six items described in paragraphs (a) through 
(f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits and 
your corrective actions.
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15461, Mar. 21, 2011]



Sec. 60.2225  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.2100(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.



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

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

[76 FR 15461, Mar. 21, 2011]



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) Submit results of performance tests and CEMS performance 
evaluation tests as follows.
    (1) Within 60 days after the date of completing each performance 
test as required by this subpart, you must submit the results of the 
performance tests required by this subpart to EPA's WebFIRE database by 
using the Compliance and Emissions Data Reporting

[[Page 934]]

Interface (CEDRI) that is accessed through EPA's Central Data Exchange 
(CDX)(www.epa.gov/cdx). Performance test data must be submitted in the 
file format generated through use of EPA's Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief/ ert/index.html). Only data 
collected using test methods on the ERT Web site are subject to this 
requirement for submitting reports electronically to WebFIRE. Owners or 
operators who claim that some of the information being submitted for 
performance tests is confidential business information (CBI) must submit 
a complete ERT file including information claimed to be CBI on a compact 
disk, flash drive, or other commonly used electronic storage media to 
EPA. The electronic media must be clearly marked as CBI and mailed to 
U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD 
C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the 
CBI omitted must be submitted to EPA via CDX as described earlier in 
this paragraph. At the discretion of the delegated authority, you must 
also submit these reports, including the confidential business 
information, to the delegated authority in the format specified by the 
delegated authority. For any performance test conducted using test 
methods that are not listed on the ERT Web site, the owner or operator 
shall submit the results of the performance test in paper submissions to 
the Administrator.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation test, as defined in this subpart and required by 
this subpart, you must submit the relative accuracy test audit (RATA) 
data electronically into EPA's Central Data Exchange by using CEDRI as 
mentioned in paragraph (b)(1) of this section. Only RATA pollutants that 
can be documented with the ERT (as listed on the ERT Web site) are 
subject to this requirement. For any performance evaluations with no 
corresponding RATA pollutants listed on the ERT Web site, the owner or 
operator shall submit the results of the performance evaluation in paper 
submissions to the Administrator.

[78 FR 9187, Feb. 7, 2013]



Sec. 60.2240  Can reporting dates be changed?

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

                        Title V Operating Permits



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

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

[76 FR 15461, Mar. 21, 2011]

                        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?

    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.

[[Page 935]]

    (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.

[76 FR 15761, Mar. 21, 2011]



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

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



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

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section.
    (1) Notification of your intent to construct the air curtain 
incinerators.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (c) Make all records available for submittal to the Administrator or 
for an inspector's onsite review.
    (d) You must submit the results (as determined by the average of 
three 1-hour blocks consisting of ten 6-minute average opacity values) 
of the initial opacity tests no later than 60 days following the initial 
test. Submit annual opacity test results within 12 months following the 
previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports onsite for a 
period of 5 years.

[65 FR 75353, Dec. 1, 2000, as amended at 76 FR 15461, Mar. 21, 2011]

                               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.
    30-day rolling average means the arithmetic mean of the previous 720 
hours of valid operating data. Valid data excludes periods when this 
unit is not operating. The 720 hours should be consecutive, but not 
necessarily continuous if operations are intermittent.
    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.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air technology 
such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.

[[Page 936]]

    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance, or other principle 
to monitor relative particulate matter loadings.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators, small remote incinerators, and energy recovery 
units: CEMS data collected during the first hours of a CISWI unit 
startup from a cold start until waste is fed to the unit and the hours 
of operation following the cessation of waste material being fed to the 
CISWI unit during a unit shutdown. For each startup event, the length of 
time that CEMS data may be claimed as being CEMS data during startup 
must be 48 operating hours or less. For each shutdown event, the length 
of time that CEMS data may be claimed as being CEMS data during shutdown 
must be 24 operating hours or less.
    (2) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup begins 
when the kiln's induced fan is turned on and continues until continuous 
feed is introduced into the kiln, at which time the kiln is in normal 
operating mode. Shutdown begins when feed to the kiln is halted.
    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. 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.
    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 937]]

    (5) Units burning only coke to produce purified carbon monoxide that 
is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the operating 
unit burns materials other than traditional fuels as defined in Sec. 
241.2 that have been discarded, and you do not keep and produce records 
as required by Sec. 60.2175(v), the operating unit is a CISWI unit. 
While not all CISWI units will include all of the following components, 
a CISWI unit includes, but is not limited to, the solid waste feed 
system, grate system, flue gas system, waste heat recovery equipment, if 
any, and bottom ash system. The CISWI unit does not include air 
pollution control equipment or the stack. The CISWI unit boundary starts 
at the solid waste hopper (if applicable) and extends through two areas: 
The combustion unit flue gas system, which ends immediately after the 
last combustion chamber or after the waste heat recovery equipment, if 
any; and the combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The CISWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition (if 
applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to provide 
a permanent record of emissions or process parameters. A particulate 
matter continuous parameter monitoring system (PM CPMS) is a type of 
CMS.
    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an incinerator, 
a waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart

[[Page 938]]

DDDD, only, burned in an incineration unit without energy recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal solid 
materials but less than 10 percent coal, on a heat input basis on an 
annual average, either alone or in combination with liquid waste, liquid 
fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and gas 
(Liquid/gas) means an energy recovery unit that burns a liquid waste 
with liquid or gaseous fuels not combined with any solid fuel or waste 
materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy recovery 
units designed to burn biomass.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR part 
241) for the purpose of reducing the volume of the waste by removing 
combustible matter. Incinerator designs include single chamber and two-
chamber.
    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.
    Load fraction means the actual heat input of an energy recovery unit 
divided by heat input during the performance test that established the 
minimum sorbent injection rate or minimum activated carbon injection 
rate, expressed as a fraction (e.g., for 50 percent load the load 
fraction is 0.5).
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part,

[[Page 939]]

by poor maintenance or careless operation are not malfunctions.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has been 
changed later than August 7, 2013 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste or municipal-type solid waste means household, 
commercial/retail, or institutional waste. Household waste includes 
material discarded by residential dwellings, hotels, motels, and other 
similar permanent or temporary housing. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes materials 
discarded by schools, by hospitals (nonmedical), by nonmanufacturing 
activities at prisons and government facilities, and other similar 
establishments or facilities. Household, commercial/retail, and 
institutional waste does include yard waste and refuse-derived fuel. 
Household, commercial/retail, and institutional waste does not include 
used oil; sewage sludge; wood pallets; construction, renovation, and 
demolition wastes (which include railroad ties and telephone poles); 
clean wood; industrial process or manufacturing wastes; medical waste; 
or motor vehicles (including motor vehicle parts or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    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).
    Oxygen analyzer system means all equipment required to determine the 
oxygen content of a gas stream and used to monitor oxygen in the boiler 
or process heater flue gas, boiler or process heater, firebox, or other 
appropriate location. This definition includes oxygen trim systems and 
certified oxygen CEMS. The source owner or operator is responsible to 
install, calibrate, maintain, and operate the oxygen analyzer system in 
accordance with the manufacturer's recommendations.

[[Page 940]]

    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device. A 
typical system consists of a flue gas oxygen and/or carbon monoxide 
monitor that automatically provides a feedback signal to the combustion 
air controller.
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the CISWI 
unit which may increase the emission rate of any air pollutant to which 
a standard applies;
    (2) An operational change to the CISWI unit where a new type of non-
hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter);
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    Rack reclamation unit means a unit that burns the coatings off racks 
used to hold small items for application of a coating. The unit burns 
the coating overspray off the rack so the rack can be reused.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after 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.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal

[[Page 941]]

geographic unit of the agency (e.g., a Regional Administrator of EPA); 
or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or the 
regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under part 
60.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, a waste-burning kiln, an energy recovery 
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of any 
facility which combusts any solid waste (as that term is defined by the 
Administrator in 40 CFR part 241) material from commercial or industrial 
establishments or the general public (including single and multiple 
residences, hotels and motels). Such term does not include incinerators 
or other units required to have a permit under section 3005 of the Solid 
Waste Disposal Act. The term ``solid waste incineration unit'' does not 
include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, heating 
or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes, and clean lumber and that such air 
curtain incinerators comply with opacity limitations to be established 
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    Waste-burning kiln means a kiln that is heated, in whole or in part, 
by combusting solid waste (as that term is defined by the Administrator 
in 40 CFR part 241). Secondary materials used in Portland cement kilns 
shall not be deemed to be combusted unless they are introduced into the 
flame zone in the hot end of the kiln or mixed with the precalciner 
fuel.
    Wet scrubber means an add-on air pollution control device that uses 
an aqueous or alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.

[[Page 942]]

    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.

[65 FR 75350, Dec. 1, 2000, as amended at 70 FR 55580, Sept. 22, 2005; 
76 FR 15461, Mar. 21, 2011; 78 FR 9188, Feb. 7, 2013]



Sec. Table 1 to Subpart CCCC of Part 60--Emission Limitations for CISWI 
 Units for Which Construction is Commenced After November 30, 1999, But 
no Later Than June 4, 2010, or for Which Modification or Reconstruction 
 is Commenced on or After June 1, 2001, But no Later Than August 7, 2013

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxin/Furan (toxic equivalency        0.41 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters per run).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Nitrogen Oxides......................  388 parts per million    3-run average (for       Performance test
                                        by dry volume.           Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                          (Method 9 of appendix
                                                                                          A of this part).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 7, 7A, 7C, 7D,
                                                                 per run).                or 7E of appendix A of
                                                                                          this part).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur Dioxide.......................  20 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 20     CFR part 60, appendix
                                                                 liters per run. For      A-4).
                                                                 Method 6C, collect
                                                                 sample for a minimum
                                                                 duration of 1 hour per
                                                                 run).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


[66 FR 16606, Mar. 27, 2001, as amended at 78 FR 9190, Feb. 7, 2013]



   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\
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. .


[[Page 943]]


[65 FR 75350, Dec. 1, 2000, as amended at 78 FR 9191, Feb. 7, 2013]



   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.
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.

[[Page 944]]

 
                                                             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.
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.


65 FR 75350, Dec. 1, 2000, as amended at 76 FR 15763, Mar. 21, 2011]



   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 August 7, 2013

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0023 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8
                                                                 meter per run).          of this part).
                                                                                         Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxin/furan (Total Mass Basis)......  0.58 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter     a minimum volume of 4    (Method 23 at 40 CFR
                                        \c\.                     dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxin/furan (toxic equivalency        0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).

[[Page 945]]

 
Hydrogen chloride....................  0.091 parts per million  3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 360    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 3
                                                                 dry standard cubic
                                                                 meters per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter \c\.               dry standard cubic       A-8 at 40 CFR part
                                                                 meters per run).         60). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.00084 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       enough volume to meet    (Method 29 or 30B at
                                        meter \c\.               a detection limit data   40 CFR part 60,
                                                                 quality objective of     appendix A-8) or ASTM
                                                                 0.03 ug/dry standard     D6784-02 (Reapproved
                                                                 cubic meter).            2008).\b\
Nitrogen Oxides......................  23 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter...................  18 milligrams per dry    3-run average (collect   Performance test
(filterable).........................   standard cubic meter.    a minimum volume of 2    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters per run).         A-3 or appendix A-8 at
                                                                                          40 CFR part 60).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6C at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec. 60.17.


[76 FR 15763, Mar. 21, 2011, as amended at 78 FR 9191, Feb. 7, 2013; 78 
FR 9191, Feb. 7, 2013]



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 August 7, 2013

----------------------------------------------------------------------------------------------------------------
                                      You must meet this emission
                                            limitation \a\                 Using this         And determining
     For the air pollutant      --------------------------------------   averaging time    compliance using this
                                     Liquid/gas           Solids                                  method
----------------------------------------------------------------------------------------------------------------
Cadmium........................  0.023 milligrams   Biomass--0.0014    3-run average      Performance test
                                  per dry standard   milligrams per     (collect a         (Method 29 at 40 CFR
                                  cubic meter.       dry standard       minimum volume     part 60, appendix A-
                                                     cubic meter. \c\   of 4 dry           8). Use ICPMS for the
                                                    Coal--0.0095        standard cubic     analytical finish.
                                                     milligrams per     meters per run).
                                                     dry standard
                                                     cubic meter.
Carbon monoxide................  35 parts per       Biomass--240       3-run average (1   Performance test
                                  million dry        parts per          hour minimum       (Method 10 at 40 CFR
                                  volume.            million dry        sample time per    part 60, appendix A-
                                                     volume.            run).              4).
                                                    Coal--95 parts
                                                     per million dry
                                                     volume.
Dioxin/furans (Total Mass        No Total Mass      Biomass--0.52      3-run average      Performance test
 Basis).                          Basis limit,       nanograms per      (collect a         (Method 23 at 40 CFR
                                  must meet the      dry standard       minimum volume     part 60, appendix A-
                                  toxic              cubic meter. \c\   of 4 dry           7).
                                  equivalency       Coal--5.1           standard cubic
                                  basis limit        nanograms per      meters).
                                  below.             dry standard
                                                     cubic meter. \c\.
Dioxins/furans (toxic            0.093 nanograms    Biomass--0.076     3-run average      Performance test
 equivalency basis).              per dry standard   nanograms per      (collect a         (Method 23 of
                                  cubic meter. \c\   dry standard       minimum volume     appendix A-7 of this
                                                     cubic meter. \c\   of 4 dry           part).
                                                    Coal--0.075         standard cubic
                                                     nanograms per      meters per run).
                                                     dry standard
                                                     cubic meter. \c\.

[[Page 946]]

 
Hydrogen chloride..............  14 parts per       Biomass--0.20      3-run average      Performance test
                                  million dry        parts per          (For Method 26,    (Method 26 or 26A at
                                  volume.            million dry        collect a          40 CFR part 60,
                                                     volume.            minimum volume     appendix A-8).
                                                    Coal--13 parts      of 360 liters
                                                     per million dry    per run. For
                                                     volume.            Method 26A,
                                                                        collect a
                                                                        minimum volume
                                                                        of 3 dry
                                                                        standard cubic
                                                                        meters per run).
Lead...........................  0.096 milligrams   Biomass--0.014     3-run average      Performance test
                                  per dry standard   milligrams per     (collect a         (Method 29 at 40 CFR
                                  cubic meter.       dry standard       minimum volume     part 60, appendix A-
                                                     cubic meter. \c\   of 4 dry           8). Use ICPMS for the
                                                    Coal--0.14          standard cubic     analytical finish.
                                                     milligrams per     meters per run).
                                                     dry standard
                                                     cubic meter..
Mercury........................  0.00056            Biomass--0.0022    3-run average      Performance test
                                  milligrams per     milligrams per     (collect enough    (Method 29 or 30B at
                                  dry standard       dry standard       volume to meet     40 CFR part 60,
                                  cubic meter. \c\   cubic meter.       an in-stack        appendix A-8) or ASTM
                                                    Coal--0.016         detection limit    D6784-02 (Reapproved
                                                     milligrams per     data quality       2008)b.
                                                     dry standard       objective of
                                                     cubic meter.       0.03 ug/dscm).
Oxides of nitrogen.............  76 parts per       Biomass--290       3-run average      Performance test
                                  million dry        parts per          (for Method 7E,    (Method 7 or 7E at 40
                                  volume.            million dry        1 hour minimum     CFR part 60, appendix
                                                     volume.            sample time per    A-4).
                                                    Coal--340 parts     run).
                                                     per million dry
                                                     volume.
Particulate matter (filterable)  110 milligrams     Biomass--5.1       3-run average      Performance test
                                  per dry standard   milligrams per     (collect a         (Method 5 or 29 at 40
                                  cubic meter.       dry standard       minimum volume     CFR part 60, appendix
                                                     cubic meter.       of 1 dry           A-3 or appendix A-8)
                                                    Coal--160           standard cubic     if the unit has an
                                                     milligrams per     meter per run).    annual average heat
                                                     dry standard                          input rate less than
                                                     cubic meter.                          250 MMBtu/hr; or PM
                                                                                           CPMS (as specified in
                                                                                           Sec. 60.2145(x)) if
                                                                                           the unit has an
                                                                                           annual average heat
                                                                                           input rate equal to
                                                                                           or greater than 250
                                                                                           MMBtu/hr.
Sulfur dioxide.................  720 parts per      Biomass--7.3       3-run average      Performance test
                                  million dry        parts per          (for Method 6,     (Method 6 or 6C at 40
                                  volume.            million dry        collect a          CFR part 60, appendix
                                                     volume.            minimum of 60      A-4).
                                                    Coal--650 parts     liters, for
                                                     per million dry    Method 6C,1 hour
                                                     volume.            minimum sample
                                                                        time per run).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec. 60.17.


[76 FR 15763, Mar. 21, 2011, as amended at 78 FR 9192, Feb. 7, 2013]



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 August 7, 2013

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter. \b\               dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  90 (long kilns)/190      3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).

[[Page 947]]

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


[78 FR 9193, Feb. 7, 2013]



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 August 7, 2013

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.67 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  13 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  1,800 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\                      dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      31 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\                      dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).

[[Page 948]]

 
Hydrogen chloride....................  200 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.0 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0035 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \b\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \b\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum volume as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  170 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  270 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  1.2 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec. 60.17.


[78 FR 9194, Feb. 7, 2013]



 Subpart DDDD_Emissions Guidelines and Compliance Times for Commercial 
              and Industrial Solid Waste Incineration Units

    Source: 65 FR 75362, Dec. 1, 2000, unless otherwise noted.

                              Introduction



Sec. 60.2500  What is the purpose of this subpart?

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

[76 FR 15769, Mar. 21, 2011]



Sec. 60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing CISWI 
units that meet the criteria in paragraphs (b) through (d) of this 
section, you must submit a state plan to U.S. Environmental Protection 
Agency (EPA) that implements the emission guidelines contained in this 
subpart.
    (b) You must submit a state plan to EPA by December 3, 2001 for 
incinerator units that commenced construction on or before November 30, 
1999 and that were not modified or reconstructed after June 1, 2001.
    (c) You must submit a state plan that meets the requirements of this

[[Page 949]]

subpart and contains the more stringent emission limit for the 
respective pollutant in table 6 of this subpart or table 1 of subpart 
CCCC of this part to EPA by February 7, 2014 for incinerators that 
commenced construction after November 30, 1999, but no later than June 
4, 2010, or commenced modification or reconstruction after June 1, 2001 
but no later than August 7, 2013.
    (d) You must submit a state plan to EPA that meets the requirements 
of this subpart and contains the emission limits in tables 7 through 9 
of this subpart by February 7, 2014, for CISWI units other than 
incinerator units that commenced construction on or before June 4, 2010, 
or commenced modification or reconstruction after June 4, 2010 but no 
later than August 7, 2013.

[76 FR 15769, Mar. 21, 2011, as amended at 78 FR 9195, Feb. 7, 2013]



Sec. 60.2510  Is a State plan required for all States?

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



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

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



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

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



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

    (a) If you do not submit an approvable state plan (or a negative 
declaration letter) by December 2, 2002, EPA will develop a federal plan 
according to Sec. 60.27 to implement the emission guidelines contained 
in this subpart. Owners and operators of CISWI units not covered by an 
approved state plan must comply with the federal plan. The federal plan 
is an interim action and will be automatically withdrawn when your state 
plan is approved.
    (b) If you do not submit an approvable state plan (or a negative 
declaration letter) to EPA that meets the requirements of this subpart 
and contains the emission limits in tables 6 through 9 of this subpart 
for CISWI units that commenced construction on or before June 4, 2010, 
then EPA will develop a federal plan according to Sec. 60.27 to 
implement the emission

[[Page 950]]

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.

[76 FR 15770, Mar. 21, 2011, as amended at 78 FR 9195, Feb. 7, 2013]



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

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



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

    (a) For CISWI units in the incinerator subcategory 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 small remote incinerator, energy recovery unit, 
and waste-burning kiln subcategories that commenced construction before 
June 4, 2010, your state plan must include compliance schedules that 
require CISWI units to achieve final compliance as expeditiously as 
practicable after approval of the state plan but not later than the 
earlier of the two dates specified in paragraphs (b)(1) and (2) of this 
section.
    (1) February 7, 2018.
    (2) Three years after the effective date of State plan approval.
    (c) For compliance schedules more than 1 year following the 
effective date of State plan approval, State plans must include dates 
for enforceable increments of progress as specified in Sec. 60.2580.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15769, Mar. 21, 2011; 78 
FR 9195, Feb. 7, 2013]



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

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

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15770, Mar. 21, 2011]



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:

[[Page 951]]

    (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.

[76 FR 15770, Mar. 21, 2011]



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.

[76 FR 15770, Mar. 21, 2011]



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

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

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15770, Mar. 21, 2011; 78 
FR 9195, Feb. 7, 2013]

                      Applicability of State Plans



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

    (a) Your State plan must address incineration units that meet all 
three criteria described in paragraphs (a)(1) through (3) of this 
section.
    (1) CISWI units in your state that commenced construction on or 
before June 4, 2010, or commenced modification or reconstruction after 
June 4, 2010 but no later than August 7, 2013.
    (2) Incineration units that meet the definition of a CISWI unit as 
defined in Sec. 60.2875.
    (3) Incineration units not exempt under Sec. 60.2555.
    (b) If the owner or operator of a CISWI unit 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

[[Page 952]]

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.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011; 78 
FR 9195, Feb. 7,2013]



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

    This subpart exempts the types of units described in paragraphs (a), 
(c) through (i), (m), and (n) of this section, but some units are 
required to provide notifications. Air curtain incinerators are exempt 
from the requirements in this subpart except for the provisions in 
Sec. Sec. 60.2805, 60.2860, and 60.2870.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste as defined in Sec. 60.2875 are not subject to this subpart if you 
meet the two requirements specified in paragraphs (a)(1) and (2) of this 
section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste burned, and the weight of all other fuels and wastes burned in the 
unit.
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
subject to subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); AAAA of this part (Standards of Performance for Small 
Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Small Municipal Waste Combustion Units).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ca of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (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 submit documentation to the Administrator notifying the 
Agency that the qualifying small power production facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec. 60.2740(v).
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (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 submit documentation to the Administrator notifying the 
Agency that the qualifying cogeneration facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec. 60.2740(w).
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under ``Air Curtain 
Incinerators'' (Sec. Sec. 60.2810 through 60.2870).
    (1) 100 percent wood waste.

[[Page 953]]

    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j)-(l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for Sewage Sludge Incineration 
Units) or subpart MMMM of this part (Emission Guidelines for Sewage 
Sludge Incineration Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of this part (Standards of Performance for 
Other Solid Waste Incineration Units) or subpart FFFF of this part 
(Emission Guidelines and Compliance Times for Other Solid Waste 
Incineration Units).

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011; 78 
FR 9196, Feb. 7, 2013]

                            Use of Model Rule



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

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



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

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



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

    The model rule contains the eleven major components listed in 
paragraphs (a) through (k) of this section.
    (a) Increments of progress toward compliance.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.

                   Model Rule--Increments of Progress



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

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



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

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



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

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

[[Page 954]]

    (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 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

[[Page 955]]

identify any additional waste management measures, and the source must 
implement those measures considered practical and feasible, based on the 
effectiveness of waste management measures already in place, the costs 
of additional measures, the emissions reductions expected to be 
achieved, and any other environmental or energy impacts they might have.

             Model Rule--Operator Training and Qualification



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

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified CISWI 
unit operator may operate the CISWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified CISWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec. 60.2665.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011]



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.

[[Page 956]]

    (c) Inspection and maintenance.
    (d) Prevention and correction of malfunctions or conditions that may 
lead to malfunction.
    (e) Discussion of operating problems encountered by attendees.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011]



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.
    (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

[[Page 957]]

may be operated by other plant personnel familiar with the operation of 
the CISWI unit who have completed a review of the information specified 
in Sec. 60.2660(a) within the past 12 months. However, you must record 
the period when all qualified operators were not accessible and include 
this deviation in the annual report as specified under Sec. 60.2770.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the CISWI unit. You must submit the first status report 4 
weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section. If the Administrator notifies you that 
your request to continue operation of the CISWI unit is disapproved, the 
CISWI unit may continue operation for 90 days, then must cease 
operation. Operation of the unit may resume if you meet the two 
requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec. 
60.2635(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

          Model Rule--Emission Limitations and Operating Limits



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

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

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011]



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

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 3 of this subpart) as 
described in paragraphs (a)(1) through (4) of this section during the 
initial performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii), as appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour average pressure drop 
across the wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations; or minimum amperage to the wet scrubber, which is 
calculated as the lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest

[[Page 958]]

1-hour average liquid flow rate at the inlet to the wet acid gas or 
particulate matter scrubber measured during the most recent performance 
test demonstrating compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the lowest 1-
hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier). You must conduct an 
initial performance evaluation of each continuous monitoring system and 
continuous parameter monitoring system within 60 days of installation of 
the monitoring system.
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations, you must measure the (secondary) voltage and 
amperage of the electrostatic precipitator collection plates during the 
particulate matter performance test. Calculate the average electric 
power value (secondary voltage x secondary current = secondary electric 
power) for each test run. The operating limit for the electrostatic 
precipitator is calculated as the lowest 1-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with the 
emission limitations, you must measure the sorbent flow rate during the 
performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lowest secondary chamber 
temperature, and lowest reagent flow rate measured during the most 
recent performance test demonstrating compliance with the nitrogen 
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
of each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at lower 
loads, multiply your sorbent injection rate by the load fraction, as 
defined in this subpart, to determine the required injection rate (e.g., 
for 50 percent load, multiply the injection rate operating limit by 
0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, or 
fabric filter to comply with the emission limitations, and if you do not 
determine compliance with your particulate matter emission limitation 
with a particulate

[[Page 959]]

matter CEMS, you must maintain opacity to less than or equal to ten 
percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section.
    (1) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
all hourly average output values (milliamps) from the PM CPMS for the 
periods corresponding to the test runs (e.g., three 1-hour average PM 
CPMS output values for three 1-hour test runs).
    (i) Your PM CPMS must provide a 4-20 milliamp output and the 
establishment of its relationship to manual reference method 
measurements must be determined in units of milliamps.
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS is an auto-ranging 
instrument capable of multiple scales, the primary range of the 
instrument must be capable of reading PM concentration from zero to a 
level equivalent to two times your allowable emission limit.
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values from the PM CPMS for the periods 
corresponding to the compliance test runs (e.g., average all your PM 
CPMS output values for three corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below 
75% of your PM emission limit, you must calculate an operating limit by 
establishing a relationship of PM CPMS signal to PM concentration using 
the PM CPMS instrument zero, the average PM CPMS values corresponding to 
the three compliance test runs, and the average PM concentration from 
the Method 5 or performance test with the procedures in (i)(1) through 
(5) of this section.
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (B) Zero point data for extractive instruments should be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your source 
is combusting only natural gas) and plotting these with the compliance 
data to find the zero intercept.
    (D) If none of the steps in paragraphs (i)(2)(i) through (iv) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, and the 
average of your corresponding three PM compliance test runs, using 
equation 5.
[GRAPHIC] [TIFF OMITTED] TR07FE13.004

Where:

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


[[Page 960]]


    (iii) With your instrument zero expressed in milliamps, your three 
run average PM CPMS milliamp value, and your three run average PM 
concentration from your three compliance tests, determine a relationship 
of lb/Mmbtu per milliamp with equation 6.
[GRAPHIC] [TIFF OMITTED] TR07FE13.005

Where:

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

    (iv) Determine your source specific 30-day rolling average operating 
limit using the mg/dscm per milliamp value from Equation 6 in equation 
7, below. This sets your operating limit at the PM CPMS output value 
corresponding to 75% of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR07FE13.006

Where:

Ol = the operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps.
L = your source emission limit expressed in lb/Mmbtu,
z = your instrument zero in milliamps, determined from (2)(a), and
R = the relative mg/dscm per milliamp for your PM CPMS, from Equation 3.

    (3) If the average of your three PM compliance test runs is at or 
above 75% of your PM emission limit you must determine your operating 
limit by averaging the PM CPMS milliamp output corresponding to your 
three PM performance test runs that demonstrate compliance with the 
emission limit using equation 8 and you must submit all compliance test 
and PM CPMS data according to the reporting requirements in paragraph 
(i)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR07FE13.007

Where:

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

    (4) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (e.g., milliamps, PM 
concentration, raw data signal) on a 30-day rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make

[[Page 961]]

and model of the PM CPMS instrument, serial number of the instrument, 
analytical principle of the instrument (e.g., beta attenuation), span of 
the instruments primary analytical range, milliamp value equivalent to 
the instrument zero output, technique by which this zero value was 
determined, and the average milliamp signals corresponding to each PM 
compliance test run.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011; 78 
FR 9196, Feb. 7, 2013]



Sec. 60.2680   What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 

electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    (a) If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or limit 
emissions in some other manner, including mass balances, to comply with 
the emission limitations under Sec. 60.2670, you must petition the EPA 
Administrator for specific operating limits to be established during the 
initial performance test and continuously monitored thereafter. You must 
submit the petition at least sixty days before the performance test is 
scheduled to begin. Your petition must include the five items listed in 
paragraphs (a)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as 
additional operating limits.
    (2) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (3) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits on 
these parameters.
    (4) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (b) [Reserved]

[76 FR 15772, Mar. 21, 2011, as amended at 78 FR 9197, Feb. 7, 2013]



Sec. 60.2685  Affirmative defense for violation of emission 
standards 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 violations of such standards that are caused by 
malfunction, as defined at 40 CFR 60.2. Appropriate penalties may be 
assessed 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) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, you must timely meet 
the reporting requirements in paragraph (b) of this section, and must 
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control 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) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred. Off-shift and overtime labor were used, to the extent 
practicable to make these repairs; and
    (3) The frequency, amount and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and

[[Page 962]]

    (4) If the violation 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 
violation 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 violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected CISWI unit 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 violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. This affirmative defense report 
shall be included in the first periodic compliance, deviation report or 
excess emission report otherwise required after the initial occurrence 
of the violation of the relevant standard (which may be the end of any 
applicable averaging period). If such compliance, deviation report or 
excess emission report is due less than 45 days after the initial 
occurrence of the violation, the affirmative defense report may be 
included in the second compliance, deviation report or excess emission 
report due after the initial occurrence of the violation of the relevant 
standard.

[78 FR 9197, Feb. 7, 2013]

                     Model Rule--Performance Testing



Sec. 60.2690  How do I conduct the initial and annual performance 
test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec. 60.2740(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in tables 2 and 6 through 9 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 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 (4) of this section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of

[[Page 963]]

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

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15773, Mar. 21, 2011; 78 
FR 9198, Feb. 7, 2013]



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.

[76 FR 15773, Mar. 21, 2011]

               Model Rule--Initial Compliance Requirements



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

    You must conduct a performance test, as required under Sec. Sec. 
60.2690 and 60.2670, to determine compliance with the emission 
limitations in table 2 of this subpart and tables 6 through 9 of this 
subpart, to establish compliance with any opacity operating limits in 
Sec. 60.2675, 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.

[76 FR 15773, Mar. 21, 2011]



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

[[Page 964]]

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.

[76 FR 15773, Mar. 21, 2011]



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.

[76 FR 15773, Mar. 21, 2011]

             Model Rule--Continuous Compliance Requirements



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

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in 
this subpart apply at all times.
    (2) If you cease combusting solid waste you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a date 
selected by you, that must be at least 6 months from the date that you 
ceased combusting solid waste, consistent with Sec. 60.2710(a)(2). Your 
source must remain in compliance with this subpart until the effective 
date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to the 
provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any Section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable after 
you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the

[[Page 965]]

date (if different) that you intend for any new requirements to become 
applicable (i.e., the effective date of the waste-to-fuel switch), 
consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the waste-
to-fuel, or fuel-to-waste switch. All calibration and drift checks must 
be performed as of the effective date of the waste-to-fuel, or fuel-to-
waste switch. Relative accuracy tests must be performed as of the 
performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed consistent with section 112 
monitoring requirements or monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 2 of this subpart or tables 6 through 9 of this subpart 
and opacity for each CISWI unit as required under Sec. 60.2690. The 
annual performance test must be conducted using the test methods listed 
in table 2 of this subpart or tables 6 through 9 of this subpart and the 
procedures in Sec. 60.2690. Opacity must be measured using EPA 
Reference Method 9 at 40 CFR part 60. Annual performance tests are not 
required if you use CEMS or continuous opacity monitoring systems to 
determine compliance.
    (c) You must continuously monitor the operating parameters specified 
in Sec. 60.2675 or established under Sec. 60.2680 and as specified in 
Sec. 60.2735. Operation above the established maximum or below the 
established minimum operating limits constitutes a deviation from the 
established operating limits. Three-hour block average values are used 
to determine compliance (except for baghouse leak detection system 
alarms) unless a different averaging period is established under Sec. 
60.2680 or, for energy recovery units, where the averaging time for each 
operating parameter is a 30-day rolling, calculated each hour as the 
average of the previous 720 operating hours. 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 and fuels used to 
establish subcategory applicability (for ERUs) and operating limits 
during the performance test.
    (e) For energy recovery units, incinerators, and small remote units, 
you must perform annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity using EPA Reference Method 9 at 40 CFR part 
60 (except where particulate matter continuous monitoring system or 
continuous parameter monitoring systems are used) and the pollutants 
listed in table 7 of this subpart.
    (g) For facilities using a CEMS to demonstrate compliance with the 
carbon monoxide emission limit, compliance with the carbon monoxide 
emission limit may be demonstrated by using the CEMS according to the 
following requirements:
    (1) You must measure emissions according to Sec. 60.13 to calculate 
1-hour arithmetic averages, corrected to 7 percent oxygen. CEMS data 
during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen content. 
You must demonstrate initial compliance with the carbon monoxide 
emissions limit using a 30-

[[Page 966]]

day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using Equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7.
    (2) Operate the carbon monoxide continuous emissions monitoring 
system in accordance with the applicable requirements of performance 
specification 4A of appendix B and the quality assurance procedures of 
appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with annual average 
heat input rates greater than 250 MMBtu/hr may elect to demonstrate 
continuous compliance with the particulate matter emissions limit using 
a particulate matter CEMS according to the procedures in Sec. 
60.2730(n) instead of the continuous parameter monitoring system 
specified in Sec. 60.2710(i). Coal and liquid/gas energy recovery units 
with annual average heat input rates less than 250 MMBtu/hr, 
incinerators, and small remote incinerators may also elect to 
demonstrate compliance using a particulate matter CEMS according to the 
procedures in Sec. 60.2730(n) instead of particulate matter testing 
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, 
the continuous opacity monitoring requirements in paragraph (i) of this 
section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you 
must install, operate, certify and maintain a continuous opacity 
monitoring system (COMS) according to the procedures in Sec. 60.2730.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for the pollutants (except mercury and particulate matter, and 
hydrogen chloride if no acid gas wet scrubber is used) listed in table 8 
of this subpart. If your waste-burning kiln is not equipped with a wet 
scrubber or dry scrubber, you must determine compliance with the 
hydrogen chloride emission limit using a CEMS as specified in Sec. 
60.2730. You must determine compliance with particulate matter using 
CPMS. You must determine compliance with the mercury emissions limit 
using a mercury CEMS according to the following requirements:
    (1) Operate a CEMS in accordance with performance specification 12A 
at 40 CFR part 60, appendix B or a sorbent trap based integrated monitor 
in accordance with performance specification 12B at 40 CFR part 60, 
appendix B. The duration of the performance test must be a calendar 
month. For each calendar month in which the waste-burning kiln operates, 
hourly mercury concentration data and stack gas volumetric flow rate 
data must be obtained. You must demonstrate compliance with the mercury 
emissions limit using a 30-day rolling average of these 1-hour mercury 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using Equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of 
this part. CEMS data during startup and shutdown, as defined in this 
subpart, are not corrected to 7 percent oxygen, and are measured at 
stack oxygen content.
    (2) Owners or operators using a mercury continuous emissions 
monitoring systems must install, operate, calibrate and maintain an 
instrument for continuously measuring and recording the mercury mass 
emissions rate to the atmosphere according to the requirements of 
performance specifications 6 and 12A at 40 CFR part 60, appendix B and 
quality assurance procedure 5 at 40 CFR part 60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury CEMS while the raw mill of the 
in-line kiln/raw mill is operating under normal conditions and including 
at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the 
requirements in

[[Page 967]]

paragraph (l) of this section. This requirement also applies to you if 
you petition the EPA Administrator for alternative monitoring parameters 
under Sec. 60.13(i).
    (l) For each CMS required in this section, you must develop and 
submit to the EPA Administrator for approval a site-specific monitoring 
plan according to the requirements of this paragraph (l) that addresses 
paragraphs (l)(1)(i) through (vi) of this section.
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b),(c), (c)(1), (c)(4), (d), 
(e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.

[[Page 968]]

    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the pH of the operating limit) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) through (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) through (3) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system to 
comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec. 60.17).
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that will 
sound an alarm when an increase in relative particulate matter emissions 
over a preset level is detected. The alarm must be located where it is 
observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec. 
60.2730 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, using Equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur dioxide 
CEMS must be operated according to performance specification 2 in 
appendix B of this part and must follow the procedures and methods 
specified in this paragraph(s). For sources that have actual inlet 
emissions less than 100 parts per million dry volume, the relative 
accuracy criterion for inlet sulfur dioxide CEMS should be no greater 
than 20 percent of the mean value of the reference method test data in 
terms of the units of the emission

[[Page 969]]

standard, or 5 parts per million dry volume absolute value of the mean 
difference between the reference method and the CEMS, whichever is 
greater.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of this part, collect sulfur 
dioxide and oxygen (or carbon dioxide) data concurrently (or within a 
30- to 60-minute period) with both the CEMS and the test methods 
specified in paragraphs (s)(1)(i) and (ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec. 60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17), as applicable, must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this rule. The 
span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous compliance 
with the nitrogen oxides emission limit, compliance with the nitrogen 
oxides emission limit may be demonstrated by using the CEMS specified in 
Sec. 60.2730 to measure nitrogen oxides. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentration using Equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 at 40 CFR part 60, appendix A-7. The nitrogen oxides CEMS must 
be operated according to performance specification 2 in appendix B of 
this part and must follow the procedures and methods specified in 
paragraphs (t)(1) through (t)(5) of this section.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of this part, collect nitrogen 
oxides and oxygen (or carbon dioxide) data concurrently (or within a 30- 
to 60-minute period) with both the CEMS and the test methods specified 
in paragraphs (t)(1)(i) and (ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR part 
60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec. 60.17), as applicable, must be used.
    (2) The span value of the CEMS must be 125 percent of the maximum 
estimated hourly potential nitrogen oxide emissions of unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through 
(t)(4)(iv) of this section. This relationship may be reestablished 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec. 60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of 3 runs must be performed.

[[Page 970]]

    (u) For facilities using a continuous emissions monitoring system to 
demonstrate continuous compliance with any of the emission limits of 
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown, as 
defined in this subpart, calculated using Equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. CEMS 
data during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen content.
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain an oxygen analyzer system as 
defined in Sec. 60.2875 according to the procedures in paragraphs 
(w)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec. 60.2675.
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during the 
most recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using Equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (x)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS according 
to the procedures in your approved site-specific monitoring plan 
developed in accordance with Sec. 60.2710(l) and (x)(1)(i) through 
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-stack 
or extractive light scatter, light scintillation, beta attenuation, or 
mass accumulation of the exhaust gas or representative sample. The 
reportable measurement output from the PM CPMS must be expressed as 
milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations of no greater than 0.5 mg/actual cubic 
meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified in 
Sec. 60.2675.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM CPMS 
output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions,

[[Page 971]]

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

[76 FR 15773, Mar. 21, 2011, as amended at 78 FR 9198, Feb. 7, 2013]



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.

[76 FR 15777, Mar. 21, 2011]



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.

[76 FR 15777, Mar. 21, 2011]



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.

[[Page 972]]

    (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 observation periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved]

[76 FR 15777, Mar. 21, 2011, as amended at 78 FR 9201, Feb. 7, 2013]



Sec. 60.2725  May I conduct a repeat performance test to establish 
new operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used to 
demonstrate compliance.

                         Model Rule--Monitoring



Sec. 60.2730  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec. 60.2670, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 3 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 3 of this subpart at all times except as specified in Sec. 
60.2735(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.

[[Page 973]]

    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will alert automatically an operator when an increase in 
relative particulate matter emission over a preset level is detected. 
The alarm must be located where it is observed easily by plant operating 
personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec. 60.2670, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec. 60.2680.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.2690, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature (if applicable to your CISWI unit) or the minimum reagent 
flow rate measured as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart, you must monitor the secondary power to 
the electrostatic precipitator collection plates and maintain the 3-hour 
block averages at or above the operating limits established during the 
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry 
scrubber, in place of hydrogen chloride testing with EPA Method 321 at 
40 CFR part 63, appendix A, an owner or operator must install, 
calibrate, maintain, and operate a CEMS for monitoring hydrogen chloride 
emissions discharged to the atmosphere and record the output of the 
system. To demonstrate continuous compliance with the hydrogen chloride 
emissions limit for units other than waste-burning kilns not equipped 
with a wet scrubber or dry scrubber, a facility may substitute use of a 
hydrogen chloride CEMS for conducting the hydrogen chloride annual 
performance test, monitoring the minimum hydrogen chloride sorbent flow 
rate, monitoring the minimum scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate matter 
emissions limit, a facility may substitute use of a particulate matter 
CEMS for conducting the particulate matter annual performance test and 
other CMS monitoring for PM compliance (e.g., bag leak detectors, ESP 
secondary power, PM scrubber pressure).
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the dioxin/furan annual performance test. You must 
record the output of the system and analyze the sample according to EPA 
Method 23 at 40 CFR part 60, appendix A-7. This option to use a 
continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from continuous 
monitors is published in the Federal Register. The owner or operator who 
elects to continuously sample

[[Page 974]]

dioxin/furan emissions instead of sampling and testing using EPA Method 
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain and 
operate a continuous automated sampling system and must comply with the 
requirements specified in Sec. 60.58b(p) and (q). A facility may 
substitute continuous dioxin/furan monitoring for the minimum sorbent 
flow rate, if activated carbon sorbent injection is used solely for 
compliance with the dioxin/furan emission limit.
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance specification 
12B criteria. This option to use a continuous automated sampling system 
takes effect on the date a final performance specification applicable to 
mercury from monitors is published in the Federal Register. The owner or 
operator who elects to continuously sample mercury emissions instead of 
sampling and testing using EPA Method 29 or 30B at 40 CFR part 60, 
appendix A-8, ASTM D6784-02 (Reapproved 2008) (incorporated by 
reference, see Sec. 60.17), or an approved alternative method for 
measuring mercury emissions, must install, calibrate, maintain and 
operate a continuous automated sampling system and must comply with the 
requirements specified in Sec. 60.58b(p) and (q). A facility may 
substitute continuous mercury monitoring for the minimum sorbent flow 
rate, if activated carbon sorbent injection is used solely for 
compliance with the mercury emission limit.
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a 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 CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 2 
of appendix B of this part, the quality assurance requirements of 
procedure 1 of appendix F of this part and the procedures under Sec. 
60.13 must be followed for installation, evaluation and operation of the 
CEMS.
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec. 60.2690, 
compliance with the sulfur dioxide emission limit may be determined 
based on the 30-day rolling average of the hourly arithmetic average 
emission concentrations using CEMS outlet data. The 1-hour arithmetic 
averages must be expressed in parts per million corrected to 7 percent 
oxygen (dry basis) and used to calculate the 30-day rolling average 
emission concentrations. CEMS data during

[[Page 975]]

startup and shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (m) For energy recovery units that do not use a wet scrubber, fabric 
filter with bag leak detection system, or particulate matter CEMS, you 
must install, operate, certify and maintain a continuous opacity 
monitoring system according to the procedures in paragraphs (m)(1) 
through (5) of this section by the compliance date specified in Sec. 
60.2670. Energy recovery units that use a particulate matter CEMS to 
demonstrate initial and continuing compliance according to the 
procedures in Sec. 60.2730(n) are not required to install a continuous 
opacity monitoring system and must perform the annual performance tests 
for opacity consistent with Sec. 60.2710(f).
    (1) Install, operate and maintain each continuous opacity monitoring 
system according to performance specification 1 at 40 CFR part 60, 
appendix B.
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec. 60.13 and 
according to performance specification 1 at 40 CFR part 60, appendix B.
    (3) As specified in Sec. 60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec. 60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour block 
averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, and 
small remote incinerators, an owner or operator may elect to install, 
calibrate, maintain and operate a CEMS for monitoring particulate matter 
emissions discharged to the atmosphere and record the output of the 
system. The owner or operator of an affected facility who continuously 
monitors particulate matter emissions instead of conducting performance 
testing using EPA Method 5 at 40 CFR part 60, appendix A-3 or, as 
applicable, monitor with a particulate matter CPMS according to 
paragraph (r) of this section, must install, calibrate, maintain and 
operate a CEMS and must comply with the requirements specified in 
paragraphs (n)(1) through (13) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor must be installed, evaluated and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
2 of appendix F of this part and Sec. 60.13.
    (4) The initial performance evaluation must be completed no later 
than 180 days after the final compliance date for meeting the amended 
emission limitations, as specified under Sec. 60.2690 or within 180 
days of notification to the Administrator of use of the continuous 
monitoring system if the owner or operator was previously determining 
compliance by Method 5 at 40 CFR part 60, appendix A-3 performance 
tests, whichever is later.
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec. 60.2710(s)(5)(i) through 
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec. 60.2690. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in paragraph (n) of this section 
to measure particulate matter. You must calculate a 30-day rolling 
average of 1-hour arithmetic average emission concentrations, including 
CEMS data during startup and shutdown, as defined in this subpart, using 
Equation 19-19 in

[[Page 976]]

section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-
7 of this part.
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using Equation 
19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 
Appendix A-7 of the part from the 1-hour arithmetic average of the CEMS 
outlet data.
    (8) At a minimum, valid continuous monitoring system hourly averages 
must be obtained as specified Sec. 60.2735.
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (or carbon dioxide)(dry basis) and 
must be used to calculate the 30-day rolling average emission 
concentrations. CEMS data during startup and shutdown, as defined in 
this subpart, are not corrected to 7 percent oxygen, and are measured at 
stack oxygen content. The 1-hour arithmetic averages must be calculated 
using the data points required under Sec. 60.13(e)(2).
    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (n)(8) of this section are not met.
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of this part, particulate 
matter and oxygen (or carbon dioxide) data must be collected 
concurrently (or within a 30-to 60-minute period) by both the CEMS and 
the following test methods.
    (i) For particulate matter, EPA Reference Method 5 at 40 CFR part 
60, appendix A-3 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-2, as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, a facility may substitute use of a continuous automated 
sampling system for the carbon monoxide annual performance test to 
demonstrate compliance with the carbon monoxide emissions limits.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec. 60.13 must be 
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec. 
60.2690, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data collected during 
startup or shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec. 60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain 
and operate a device or method for measuring the use of the bypass stack 
including date, time and duration.
    (q) For energy recovery units with a heat input capacity of 100 
MMBtu per hour or greater that do not use a carbon monoxide 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

[[Page 977]]

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).
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS according 
to the procedures in your approved site-specific monitoring plan 
developed in accordance with Sec. 60.2710(l) and (r)(1)(i) through 
(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-stack 
or extractive light scatter, light scintillation, beta attenuation, or 
mass accumulation of the exhaust gas or representative sample. The 
reportable measurement output from the PM CPMS must be expressed as 
milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations of no greater than 0.5 mg/actual cubic 
meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified in 
Sec. 60.2675.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM CPMS 
output as milliamps..
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments), and any scheduled maintenance 
as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:

[[Page 978]]

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

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15777, Mar. 21, 2011; 78 
FR 9201, Feb. 7, 2013]

    Editorial Note: At 78 FR 9201, Feb. 7, 2013, Sec. 60.2730 was 
amended by revising (o)(9); however, the amendment could not be 
incorporated because (o)(9) doesn't exist.



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

    For each continuous monitoring system required or optionally allowed 
under Sec. 60.2730, you must monitor and collect data according to this 
section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-control 
periods (as specified in Sec. 60.2770(o) 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.

[[Page 979]]

    (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.

[76 FR 15780, Mar. 21, 2011]

                 Model Rule--Recordkeeping and Reporting



Sec. 60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (w) of this section for a period of 
at least 5 years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2675(d) through (g) or 
Sec. 60.2680, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits. For 
energy recovery units using activated carbon injection or a dry 
scrubber, you must also maintain records of the load fraction and 
corresponding sorbent injection rate records.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec. 
60.2675(c).
    (c)-(d) [Reserved]
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 3 of this subpart or a 
deviation from other operating limits established under Sec. 60.2675(d) 
through (g) or Sec. 60.2680 with a description of the deviations, 
reasons for such deviations, and a description of corrective actions 
taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2660(a) as required by 
Sec. 60.2660(b), including the date of the initial review and all 
subsequent annual reviews.
    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2635, met 
the criteria for qualification under Sec. 60.2645, and maintained or 
renewed their qualification under Sec. 60.2650 or Sec. 60.2655. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (i) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (j) Records of calibration of any monitoring devices as required 
under Sec. 60.2730.

[[Page 980]]

    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec. 60.2660(a).
    (m) On a daily basis, keep a log of the quantity of waste burned and 
the types of waste burned (always required).
    (n) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 2 of this subpart or tables 6 through 9 of 
this subpart, any required maintenance and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (3) All 1-hour average concentrations of nitrogen oxides emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter 
emissions. You must indicate which data are CEMS data during startup and 
shutdown.
    (6) All 1-hour average concentrations of mercury emissions. You must 
indicate which data are CEMS data during startup and shutdown.
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions. You must indicate which data are CEMS data during startup and 
shutdown.
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs.
    (p) Records indicating use of the bypass stack, including dates, 
times and durations.
    (q) If you choose to stack test less frequently than annually, 
consistent with Sec. 60.2720(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel composition 
and operation of air pollution control equipment that would cause 
emissions of the relevant pollutant to increase within the past year.
    (r) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (s) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (u) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec. 241.3(b)(1), you must keep a record which documents how the 
secondary material meets each of the legitimacy criteria under Sec. 
241.3(d)(1). If you combust a fuel that has been processed from a 
discarded non-hazardous secondary material pursuant to Sec. 
241.3(b)(4), you must keep records as to how the operations that 
produced the fuel satisfies the definition of processing in Sec. 241.2 
and each of the legitimacy criteria in Sec. 241.3(d)(1) of this 
chapter. If the fuel received a non-waste determination pursuant to the 
petition process submitted under Sec. 241.3(c), you must keep a record 
that documents how the fuel satisfies the requirements of the petition 
process. For operating units that combust non-hazardous secondary 
materials as fuel per Sec. 241.4, you must keep records documenting 
that the material is a listed non-waste under Sec. 241.4(a).
    (v) Records of the criteria used to establish that the unit 
qualifies as a small power production facility under section 3(17)(C) of 
the Federal Power

[[Page 981]]

Act (16 U.S.C. 796(17)(C)) and that the waste material the unit is 
proposed to burn is homogeneous.
    (w) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material the 
unit is proposed to burn is homogeneous.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15780, Mar. 21, 2011; 78 
FR 9204, Feb. 7, 2013]



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 the emission limitations or operating limits during the 
reporting period.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported.
    (g) Information recorded under Sec. 60.2740(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) 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.

[[Page 982]]

    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation that 
occurs for a CISWI unit for which you are not using a CMS to comply with 
the emission or operating limitations in this subpart, the annual report 
must contain the following information.
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in paragraph 
(o) of this section, the annual report must contain the following 
information for each deviation from an emission or operating limitation 
occurring for a CISWI unit for which you are using a continuous 
monitoring system to comply with the emission and operating limitations 
in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system 
certification or audit.
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control if any of the 
following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.

[[Page 983]]

    (p) For energy recovery units, include the annual heat input and 
average annual heat input rate of all fuels being burned in the unit to 
verify which subcategory of energy recovery unit applies.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15781, Mar. 21, 2011; 78 
FR 9204, Feb. 7, 2013]



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) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits and 
your corrective actions.
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15781, Mar. 21, 2011]



Sec. 60.2785  What else must I report if I have a deviation from 
the requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.2665(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.



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

    (a) Yes. You must submit notifications as provided by Sec. 60.7.
    (b) If you cease combusting solid waste but continue to operate, you 
must provide 30 days prior notice of the effective date of the waste-to-
fuel switch, consistent with Sec. 60.2710(a). The notification must 
identify:
    (1) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that

[[Page 984]]

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.

[76 FR 15781, Mar. 21, 2011]



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) Submit results of performance tests and CEMS performance 
evaluation tests as follows.
    (1) Within 60 days after the date of completing each performance 
test as required by this subpart, you must submit the results of the 
performance tests required by this subpart to EPA's WebFIRE database by 
using the Compliance and Emissions Data Reporting Interface (CEDRI) that 
is accessed through EPA's Central Data Exchange (CDX)(www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of EPA's Electronic Reporting Tool (ERT) (see http://
www.epa.gov/ttn/chief/ ert/index.html). Only data collected using test 
methods on the ERT Web site are subject to this requirement for 
submitting reports electronically to WebFIRE. Owners or operators who 
claim that some of the information being submitted for performance tests 
is confidential business information (CBI) must submit a complete ERT 
file including information claimed to be CBI on a compact disk, flash 
drive, or other commonly used electronic storage media to EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI 
omitted must be submitted to EPA via CDX as described earlier in this 
paragraph. At the discretion of the delegated authority, you must also 
submit these reports, including the confidential business information, 
to the delegated authority in the format specified by the delegated 
authority. For any performance test conducted using test methods that 
are not listed on the ERT Web site, the owner or operator shall submit 
the results of the performance test in paper submissions to the 
Administrator.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation test, as defined in this subpart and required by 
this subpart, you must submit the relative accuracy test audit (RATA) 
data electronically into EPA's Central Data Exchange by using CEDRI as 
mentioned in paragraph (b)(1) of this section. Only RATA pollutants that 
can be documented with the ERT (as listed on the ERT Web site) are 
subject to this requirement. For any performance evaluations with no 
corresponding RATA pollutants listed on the ERT Web site, the owner or 
operator shall submit the results of the performance evaluation in paper 
submissions to the Administrator.

[78 FR 9205, Feb. 7, 2013]



Sec. 60.2800  Can reporting dates be changed?

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

                  Model Rule--Title V Operating Permits



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

    Yes. Each CISWI unit and air curtain incinerator subject to 
standards under this subpart must operate pursuant to

[[Page 985]]

a permit issued under Clean Air Act sections 129(e) and Title V.

[76 FR 15782, Mar. 21, 2011]

                  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 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.

[[Page 986]]



Sec. 60.2850  What must I do if I close my air curtain incinerator 
and then restart it?

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



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

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



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

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

[76 FR 15782, Mar. 21, 2011]



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

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



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

    (a) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (b) Make all records available for submittal to the Administrator or 
for an inspector's onsite review.
    (c) Submit an initial report no later than 60 days following the 
initial opacity test that includes the information specified in 
paragraphs (c) (1) and (2) of this section.
    (1) The types of materials you plan to combust in your air curtain 
incinerator.
    (2) The results (as determined by the average of three 1-hour blocks 
consisting of ten 6-minute average opacity values) of the initial 
opacity tests.
    (d) Submit annual opacity test results within 12 months following 
the previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date and keep a copy 
onsite for a period of 5 years.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15782, Mar. 21, 2011]

                         Model Rule--Definitions



Sec. 60.2875  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subparts A and B of this part.
    30-day rolling average means the arithmetic mean of the previous 720 
hours of valid operating data. Valid data excludes periods when this 
unit is not operating. The 720 hours should be consecutive, but not 
necessarily continuous if operations are intermittent.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    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

[[Page 987]]

objectively evaluated in a judicial or administrative proceeding.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air technology 
such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance, or other principle 
to monitor relative particulate matter loadings.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators, small remote incinerators, and energy recovery 
units: CEMS data collected during the first hours of operation of a 
CISWI unit startup from a cold start until waste is fed into the unit 
and the hours of operation following the cessation of waste material 
being fed to the CISWI unit during a unit shutdown. For each startup 
event, the length of time that CEMS data may be claimed as being CEMS 
data during startup must be 48 operating hours or less. For each 
shutdown event, the length of time that CEMS data may be claimed as 
being CEMS data during shutdown must be 24 operating hours or less.
    (2) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup begins 
when the kiln's induced fan is turned on and continues until continuous 
feed is introduced into the kiln, at which time the kiln is in normal 
operating mode. Shutdown begins when feed to the kiln is halted.
    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. A chemical recovery unit is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart. The following seven types of 
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that are 
reclaimed in a pulping liquor recovery process and reused in the pulping 
process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residue 
containing catalyst metals that are reclaimed and

[[Page 988]]

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.
    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.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the operating 
unit burns materials other than traditional fuels as defined in Sec. 
241.2 that have been discarded, and you do not keep and produce records 
as required by Sec. 60.2740(u), the operating unit is a CISWI unit. 
While not all CISWI units will include all of the following components, 
a CISWI unit includes, but is not limited to, the solid waste feed 
system, grate system, flue gas system, waste heat recovery equipment, if 
any, and bottom ash system. The CISWI unit does not include air 
pollution control equipment or the stack. The CISWI unit boundary starts 
at the solid waste hopper (if applicable) and extends through two areas: 
The combustion unit flue gas system, which ends immediately after the 
last combustion chamber or after the waste heat recovery equipment, if 
any; and the combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The CISWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition (if 
applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to provide 
a permanent record of emissions or process parameters. A particulate 
matter continuous parameter monitoring system (PM CPMS) is a type of 
CMS.

[[Page 989]]

    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an incinerator, 
a waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal solid 
materials but less than 10 percent coal, on a heat input basis on an 
annual average, either alone or in combination with liquid waste, liquid 
fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and gas 
(Liquid/gas) means an energy recovery unit that burns a liquid waste 
with liquid or gaseous fuels not combined with any solid fuel or waste 
materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy recovery 
units designed to burn biomass
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR part 
241) for the purpose of reducing the volume of the waste by removing 
combustible matter. Incinerator designs include single chamber and two-
chamber.
    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.

[[Page 990]]

    Load fraction means the actual heat input of an energy recovery unit 
divided by heat input during the performance test that established the 
minimum sorbent injection rate or minimum activated carbon injection 
rate, expressed as a fraction (e.g., for 50 percent load the load 
fraction is 0.5).
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has been 
changed later than August 7, 2013, and that meets one of two criteria:
    (i) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste or municipal-type solid waste means household, 
commercial/retail, or institutional waste. Household waste includes 
material discarded by residential dwellings, hotels, motels, and other 
similar permanent or temporary housing. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes materials 
discarded by schools, by hospitals (nonmedical), by nonmanufacturing 
activities at prisons and government facilities, and other similar 
establishments or facilities. Household, commercial/retail, and 
institutional waste does include yard waste and refuse-derived fuel. 
Household, commercial/retail, and institutional waste does not include 
used oil; sewage sludge; wood pallets; construction, renovation, and 
demolition wastes (which include railroad ties and telephone poles); 
clean wood; industrial process or manufacturing wastes; medical waste; 
or motor vehicles (including motor vehicle parts or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine the 
oxygen content of a gas stream and used to monitor oxygen in the boiler 
or process heater flue gas, boiler/process heater, firebox, or other 
appropriate location. This definition includes oxygen trim systems and 
certified oxygen CEMS. The source owner or operator is responsible to 
install, calibrate, maintain, and operate the oxygen analyzer system in 
accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device. A 
typical system consists of a flue gas oxygen and/or carbon monoxide 
monitor that automatically provides a feedback signal to the combustion 
air controller.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g.,

[[Page 991]]

tools, equipment) so that the parts can be reconditioned and reused.
    Particulate matter means total particulate matter emitted from CISWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the CISWI 
unit which may increase the emission rate of any air pollutant to which 
a standard applies;
    (2) An operational change to the CISWI unit where a new type of non-
hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter);
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    Rack reclamation unit means a unit that burns the coatings off racks 
used to hold small items for application of a coating. The unit burns 
the coating overspray off the rack so the rack can be reused.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after 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.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of

[[Page 992]]

this part, a principal executive officer of a Federal agency includes 
the chief executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., a 
Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or the 
regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under part 
60.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, a waste-burning kiln, an energy recovery 
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of any 
facility which combusts any solid waste (as that term is defined by the 
Administrator in 40 CFR part 241) material from commercial or industrial 
establishments or the general public (including single and multiple 
residences, hotels and motels). Such term does not include incinerators 
or other units required to have a permit under section 3005 of the Solid 
Waste Disposal Act. The term ``solid waste incineration unit'' does not 
include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, heating 
or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes and clean lumber and that such air curtain 
incinerators comply with opacity limitations to be established by the 
Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    Waste-burning kiln means a kiln that is heated, in whole or in part, 
by combusting solid waste (as the term is defined by the Administrator 
in 40 CFR part 241). Secondary materials used in Portland cement kilns 
shall not be deemed to be combusted unless they are introduced into the 
flame zone in the hot end of the kiln or mixed with the precalciner 
fuel.
    Wet scrubber means an add-on air pollution control device that uses 
an aqueous or alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and

[[Page 993]]

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; 
76 FR 15782, Mar. 21, 2011; 78 FR 9205, Feb. 7, 2013]



   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 plan....  (Dates to be specified in
                                             state plan).
Increment 2--Final compliance.............  (Dates to be specified in
                                             state plan).\b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWI units that commenced
  construction on or before November 30, 1999. The date can be no later
  than 3 years after the effective date of approval of a revised state
  plan or February 7, 2018, for CISWI units that commenced construction
  on or before June 4, 2010.


[76 FR 15784, Mar. 21, 2011, as amended at 78 FR 9207, Feb. 7, 2013]



     Sec. Table 2 to Subpart DDDD of Part 60--Model Rule--Emission 
 Limitations That Apply to Incinerators Before [Date to be specified in 
                             state plan] \b\

----------------------------------------------------------------------------------------------------------------
                                      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 (For Method   Performance test (Method
                                     by dry volume.         26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 120 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meter per run).
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 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     7or 7E at 40 CFR part
                                                            run).                       60, appendix A-4).
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.
\b\ Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior
  to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of
  approval of a revised state plan or February 7, 2018.
\c\ Incorporated by reference, see Sec. 60.17.


[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15784, Mar. 21, 2011]

[[Page 994]]



 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 isomer                      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
------------------------------------------------------------------------


[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15785, Mar. 21, 2011]



    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.
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.

[[Page 995]]

 
                                                            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.
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.


[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15785, Mar. 21, 2011]



     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\

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).

[[Page 996]]

 
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter. \c\               dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0048 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \d\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \d\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  53 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec. 60.2720 if all of the other provisions of Sec. 60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\d\ Incorporated by reference, see Sec. 60.17.


[76 FR 15485, Mar. 21, 2011, as amended at 78 FR 9208, Feb. 7, 2013]



     Sec. Table 7 to Subpart DDDD of Part 60--Model Rule--Emission 
   Limitations That Apply to Energy Recovery Units After May 20, 2011

                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \b\                       Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/Gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter. \c\    2 dry standard      appendix A-8).
                                                      Coal--0.0095         cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter..
Carbon monoxide.................  35 parts per        Biomass--260 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--95 parts per   run).               appendix A-4).
                                                       million dry
                                                       volume.
Dioxins/furans (total mass        2.9 nanograms per   Biomass--0.52       3-run average       Performance test
 basis).                           dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter. \c\          4 dry standard      appendix A-7).
                                                      Coal--5.1            cubic meter).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter. \c\.

[[Page 997]]

 
Dioxins/furans (toxic             0.32 nanograms per  Biomass--0.12       3-run average       Performance test
 equivalency basis).               dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.              4 dry standard      appendix A-7).
                                                      Coal--0.075          cubic meters).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter. \c\.
Hydrogen chloride...............  14 parts per        Biomass--0.20       3-run average (for  Performance test
                                   million dry         parts per million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume.         collect a minimum   at 40 CFR part
                                                      Coal--13 parts per   of 120 liters;      60, appendix A-
                                                       million dry         for Method 26A,     8).
                                                       volume.             collect a minimum
                                                                           volume of 1 dry
                                                                           standard cubic
                                                                           meter).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter. \c\.   2 dry standard      appendix A-8).
                                                      Coal--0.14           cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter. \c\.
Mercury.........................  0.0024 milligrams   Biomass--0.0022     3-run average (For  Performance test
                                   per dry standard    milligrams per      Method 29 and       (Method 29 or 30B
                                   cubic meter.        dry standard        ASTM D6784-02       at 40 CFR part
                                                       cubic meter.        (Reapproved 2008)   60, appendix A-8)
                                                      Coal--0.016          \d\, collect a      or ASTM D6784-02
                                                       milligrams per      minimum volume of   (Reapproved 2008)
                                                       dry standard        2 dry standard      \d\.
                                                       cubic meter.        cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume.             minimum sample      at 40 CFR part
                                                      Coal--340 parts      time per run).      60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Particulate matter filterable...  110 milligrams per  Biomass--11         3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter.        1 dry standard      60, appendix A-3
                                                      Coal--160            cubic meter).       or appendix A-8)
                                                       milligrams per                          if the unit has
                                                       dry standard                            an annual average
                                                       cubic meter.                            heat input rate
                                                                                               less than or
                                                                                               equal to 250
                                                                                               MMBtu/hr; or PM
                                                                                               CPMS (as
                                                                                               specified in Sec.
                                                                                                 60.2710(x)) if
                                                                                               the unit has an
                                                                                               annual average
                                                                                               heat input rate
                                                                                               greater than 250
                                                                                               MMBtu/hr.
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--650 parts      run).               60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec. 60.2720 if all of the other provisions of Sec. 60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\d\ Incorporated by reference, see Sec. 60.17.


[78 FR 9209, Feb. 7, 2013]

[[Page 998]]



     Sec. Table 8 to Subpart DDDD of Part 60--Model Rule--Emission 
    Limitations That Apply to Waste-Burning Kilns After May 20, 2011

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


[78 FR 9210, Feb. 7, 2013]



     Sec. Table 9 to Subpart DDDD of Part 60--Model Rule--Emission 
 Limitations That Apply to Small, Remote Incinerators After May 20, 2011

                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission limitation\b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.95 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  64 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4,400 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\.                     dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      180 nanograms per dry    3-run average (collect   Performance test
 basis).                                standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\.                     dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).

[[Page 999]]

 
Hydrogen chloride....................  300 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.1 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0053 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\c\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \c\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  190 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter...................  270 milligrams per dry   3-run average (collect   Performance test
(filterable).........................   standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  150 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters     CFR part 60, appendix
                                                                 per run; for Method      A-4).
                                                                 6C, 1 hour minimum
                                                                 sample time per run).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\c\ Incorporated by reference, see Sec. 60.17.


[78 FR 9210, Feb. 7, 2013]



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

[[Page 1000]]

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 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

[[Page 1001]]

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 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.

[[Page 1002]]

    (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.
    (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.

[[Page 1003]]

                     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.



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.

[[Page 1004]]

    (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).



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.

[[Page 1005]]

    (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.
    (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.

[[Page 1006]]

                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.
    (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.

[[Page 1007]]



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.
    (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

[[Page 1008]]

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, 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

[[Page 1009]]

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 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.

[[Page 1010]]

    (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 (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

[[Page 1011]]

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).



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.

[[Page 1012]]

    (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.
    (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.

[[Page 1013]]

    (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.



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

[[Page 1014]]

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 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

[[Page 1015]]

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 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

[[Page 1016]]

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:
    (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

[[Page 1017]]

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:
    (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

[[Page 1018]]

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.
    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,

[[Page 1019]]

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 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

[[Page 1020]]

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. 60.2975.
    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.

[[Page 1021]]



      Sec. Table 1 to Subpart EEEE of Part 60--Emission Limitations

    As stated in Sec. 60.2915, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \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.
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
 scrubber or amperage to wet       drop or amperage.                                           \a\.
 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:

[[Page 1022]]



----------------------------------------------------------------------------------------------------------------
                                                                                            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.
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.

[[Page 1023]]

 
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.


[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.

[[Page 1024]]



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 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

[[Page 1025]]

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).

                      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.

[[Page 1026]]

    (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 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

[[Page 1027]]

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 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.

[[Page 1028]]

    (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.
    (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

[[Page 1029]]

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.
    (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

[[Page 1030]]

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.
    (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.

[[Page 1031]]



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 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

[[Page 1032]]

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.
    (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.

[[Page 1033]]

    (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.

               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.

[[Page 1034]]



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.

                         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.

[[Page 1035]]



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.



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.

[[Page 1036]]

    (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-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.

[[Page 1037]]

    (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.



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

[[Page 1038]]

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.
    (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.

[[Page 1039]]



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 
7existing 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 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

[[Page 1040]]

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 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.

[[Page 1041]]



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.



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.

[[Page 1042]]



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 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

[[Page 1043]]

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
    (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

[[Page 1044]]

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 
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

[[Page 1045]]

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 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

[[Page 1046]]

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, 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.


[[Page 1047]]



     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:

----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant               emission         Using this averaging time    compliance using this
                                        limitation\a\                                            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).
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.
 scrubber or amperage to wet       drop or amperage.                                           \a\
 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:

[[Page 1048]]



----------------------------------------------------------------------------------------------------------------
                                                                                            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 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.
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.

[[Page 1049]]

 
                                      ........................  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;.
                                      ........................  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]

Subparts GGGG-HHHH [Reserved]



    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) 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 1050]]

    (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.
    (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.
    (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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37967, June 28, 2011]

                  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 the following non-emergency stationary CI ICE to the 
certification

[[Page 1051]]

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 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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37967, June 28, 2011]



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

[[Page 1052]]

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) [Reserved]
    (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.
    (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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37968, June 28, 2011]

[[Page 1053]]



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.

[76 FR 37968, June 28, 2011]

               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 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 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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37968, June 28, 2011]

[[Page 1054]]



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).
    (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 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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011]



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.

[76 FR 37969, June 28, 2011]

               Fuel Requirements for Owners and Operators



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).

[[Page 1055]]

    (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, except that 
any existing diesel fuel purchased (or otherwise obtained) prior to 
October 1, 2010, may be used until depleted.
    (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).
    (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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011; 
78 FR 6695, Jan. 30, 2013]

               Other Requirements for Owners and Operators



Sec. 60.4208  What is the deadline for importing or installing 
stationary CI ICE produced in previous model years?

    (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.
    (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) 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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011]

[[Page 1056]]



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 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.
    (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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011]

                         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 (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.
    (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

[[Page 1057]]

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 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 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.
    (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 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.
    (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''.

[[Page 1058]]

    (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. 60.4201 or Sec. 60.4202 by 
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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011]



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.
    (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.
    (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 emission-related specifications, except as permitted 
in paragraph (g) of this section.

[[Page 1059]]

    (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) 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) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (f)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations for 
50 hours per year, as described in paragraphs (f)(1) through (3) of this 
section, is prohibited. If you do not operate the engine according to 
the requirements in paragraphs (f)(1) through (3) of this section, the 
engine will not be considered an emergency engine under this subpart and 
must meet all requirements for non-emergency engines.
    (1) There is no time limit on the use of emergency stationary ICE in 
emergency situations.
    (2) You may operate your emergency stationary ICE for any 
combination of the purposes specified in paragraphs (f)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraph (f)(3) of 
this section counts as part of the 100 hours per calendar year allowed 
by this paragraph (f)(2).
    (i) Emergency stationary ICE may be operated for maintenance checks 
and readiness testing, provided that the tests are recommended by 
federal, state or local government, the manufacturer, the vendor, the 
regional transmission organization or equivalent balancing authority and 
transmission operator, or the insurance

[[Page 1060]]

company associated with the engine. 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 calendar year.
    (ii) Emergency stationary ICE may be operated for emergency demand 
response for periods in which the Reliability Coordinator under the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by 
reference, see Sec. 60.17), or other authorized entity as determined by 
the Reliability Coordinator, has declared an Energy Emergency Alert 
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
    (iii) Emergency stationary ICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing and emergency demand response 
provided in paragraph (f)(2) of this section. Except as provided in 
paragraph (f)(3)(i) of this section, the 50 hours per calendar year for 
non-emergency situations cannot be used for peak shaving or non-
emergency demand response, or to generate income for a facility to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity.
    (i) The 50 hours per year for non-emergency situations can be used 
to supply power as part of a financial arrangement with another entity 
if all of the following conditions are met:
    (A) The engine is dispatched by the local balancing authority or 
local transmission and distribution system operator;
    (B) The dispatch is intended to mitigate local transmission and/or 
distribution limitations so as to avert potential voltage collapse or 
line overloads that could lead to the interruption of power supply in a 
local area or region.
    (C) The dispatch follows reliability, emergency operation or similar 
protocols that follow specific NERC, regional, state, public utility 
commission or local standards or guidelines.
    (D) The power is provided only to the facility itself or to support 
the local transmission and distribution system.
    (E) The owner or operator identifies and records the entity that 
dispatches the engine and the specific NERC, regional, state, public 
utility commission or local standards or guidelines that are being 
followed for dispatching the engine. The local balancing authority or 
local transmission and distribution system operator may keep these 
records on behalf of the engine owner or operator.
    (ii) [Reserved]
    (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 equal 
to 500 HP, you must keep a maintenance plan and records of conducted 
maintenance and

[[Page 1061]]

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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37970, June 28, 2011; 
78 FR 6695, Jan. 30, 2013]

              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 (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.
    (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

[[Page 1062]]

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).

    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.
    (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).

[71 FR 39172, July 11, 2006, as amended at 76 FR 37971, June 28, 2011]



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.
    (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 19, Section 
5.2, and the following equation:

[[Page 1063]]

[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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37971, June 28, 2011]

       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.

[[Page 1064]]

    (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.
    (d) If you own or operate an emergency stationary CI ICE with a 
maximum engine power more than 100 HP that operates or is contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec. 60.4211(f)(2)(ii) and (iii) or that 
operates for the purposes specified in Sec. 60.4211(f)(3)(i), you must 
submit an annual report according to the requirements in paragraphs 
(d)(1) through (3) of this section.
    (1) The report must contain the following information:
    (i) Company name and address where the engine is located.
    (ii) Date of the report and beginning and ending dates of the 
reporting period.
    (iii) Engine site rating and model year.
    (iv) Latitude and longitude of the engine in decimal degrees 
reported to the fifth decimal place.
    (v) Hours operated for the purposes specified in Sec. 
60.4211(f)(2)(ii) and (iii), including the date, start time, and end 
time for engine operation for the purposes specified in Sec. 
60.4211(f)(2)(ii) and (iii).
    (vi) Number of hours the engine is contractually obligated to be 
available for the purposes specified in Sec. 60.4211(f)(2)(ii) and 
(iii).
    (vii) Hours spent for operation for the purposes specified in Sec. 
60.4211(f)(3)(i), including the date, start time, and end time for 
engine operation for the purposes specified in Sec. 60.4211(f)(3)(i). 
The report must also identify the entity that dispatched the engine and 
the situation that necessitated the dispatch of the engine.
    (2) The first annual report must cover the calendar year 2015 and 
must be submitted no later than March 31, 2016. Subsequent annual 
reports for each calendar year must be submitted no later than March 31 
of the following calendar year.
    (3) The annual report must be submitted electronically using the 
subpart specific reporting form in the Compliance and Emissions Data 
Reporting Interface (CEDRI) that is accessed through EPA's Central Data 
Exchange (CDX) (www.epa.gov/cdx). However, if the reporting form 
specific to this subpart is not available in CEDRI at the time that the 
report is due, the written

[[Page 1065]]

report must be submitted to the Administrator at the appropriate address 
listed in Sec. 60.4.

[71 FR 39172, July 11, 2006, as amended at 78 FR 6696, Jan. 30, 2013]

                          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 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.
    (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.
    (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).

[71 FR 39172, July 11, 2006, as amended at 76 FR 37971, June 28, 2011]



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. Sec. 60.4202 and 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. Sec. 60.4201 and 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

[[Page 1066]]

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 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.

[76 FR 37971, June 28, 2011]



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.

[76 FR 37972, June 28, 2011]

                           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.
    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).
    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.
    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

[[Page 1067]]

block. In these cases, the date of manufacture is the date of 
reconstruction or the date the new engine is produced.
    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 
reciprocating internal combustion engine that meets all of the criteria 
in paragraphs (1) through (3) of this definition. All emergency 
stationary ICE must comply with the requirements specified in Sec. 
60.4211(f) in order to be considered emergency stationary ICE. If the 
engine does not comply with the requirements specified in Sec. 
60.4211(f), then it is not considered to be an emergency stationary ICE 
under this subpart.
    (1) The stationary ICE is operated to provide electrical power or 
mechanical work during an emergency situation. 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.
    (2) The stationary ICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec. 60.4211(f).
    (3) The stationary ICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec. 60.4211(f)(2)(ii) or (iii) and Sec. 
60.4211(f)(3)(i).
    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.
    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.
    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 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'').
    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

[[Page 1068]]

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, aircraft, 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.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37972, June 28, 2011; 
78 FR 6696, Jan. 30, 2013]



    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)
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)
----------------------------------------------------------------------------------------------------------------


[[Page 1069]]



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)\1\
 
------------------------------------------------------------------------
KW<75................................................              2011
(HP<100).............................................
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.


[71 FR 39172, July 11, 2006, as amended at 76 FR 37972, June 28, 2011]



    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 1070]]



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 =30 liters per cylinder:

----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
              Each                Complying with the       You must              Using             following
                                    requirement to                                               requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary CI internal         a. Reduce NOX       i. Select the                           (a) For NOX, O2,
 combustion engine with a          emissions by 90     sampling port                           and moisture
 displacement of = 30   percent or more;.   location and                            measurement,
 liters per cylinder.                                  number/location                         ducts <=6 inches
                                                       of traverse                             in diameter may
                                                       points at the                           be sampled at a
                                                       inlet and outlet                        single point
                                                       of the control                          located at the
                                                       device;.                                duct centroid and
                                                                                               ducts >6 and <=12
                                                                                               inches in
                                                                                               diameter may be
                                                                                               sampled at 3
                                                                                               traverse points
                                                                                               located at 16.7,
                                                                                               50.0, and 83.3%
                                                                                               of the
                                                                                               measurement line
                                                                                               ('3-point long
                                                                                               line'). If the
                                                                                               duct is >12
                                                                                               inches in
                                                                                               diameter and the
                                                                                               sampling port
                                                                                               location meets
                                                                                               the two and half-
                                                                                               diameter
                                                                                               criterion of
                                                                                               Section 11.1.1 of
                                                                                               Method 1 of 40
                                                                                               CFR part 60,
                                                                                               appendix A-1, the
                                                                                               duct may be
                                                                                               sampled at '3-
                                                                                               point long line';
                                                                                               otherwise,
                                                                                               conduct the
                                                                                               stratification
                                                                                               testing and
                                                                                               select sampling
                                                                                               points according
                                                                                               to Section 8.1.2
                                                                                               of Method 7E of
                                                                                               40 CFR part 60,
                                                                                               appendix A-4.
                                                      ii. Measure O2 at   (1) 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-2.                must be made at
                                                                                               the same time as
                                                                                               the measurements
                                                                                               for NOX
                                                                                               concentration.
                                                      iii. If necessary,  (2) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content at the      appendix A-3,       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).

[[Page 1071]]

 
                                                      iv. Measure NOX at  (3) Method 7E of    (d) NOX
                                                       the inlet and       40 CFR part 60,     concentration
                                                       outlet of the       appendix A-4,       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                           (a) For NOX, O2,
                                   concentration of    sampling port                           and moisture
                                   NOX in the          location and                            measurement,
                                   stationary CI       number/location                         ducts <=6 inches
                                   internal            of traverse                             in diameter may
                                   combustion engine   points at the                           be sampled at a
                                   exhaust..           exhaust of the                          single point
                                                       stationary                              located at the
                                                       internal                                duct centroid and
                                                       combustion                              ducts >6 and <=12
                                                       engine;.                                inches in
                                                                                               diameter may be
                                                                                               sampled at 3
                                                                                               traverse points
                                                                                               located at 16.7,
                                                                                               50.0, and 83.3%
                                                                                               of the
                                                                                               measurement line
                                                                                               ('3-point long
                                                                                               line'). If the
                                                                                               duct is >12
                                                                                               inches in
                                                                                               diameter and the
                                                                                               sampling port
                                                                                               location meets
                                                                                               the two and half-
                                                                                               diameter
                                                                                               criterion of
                                                                                               Section 11.1.1 of
                                                                                               Method 1 of 40
                                                                                               CFR part 60,
                                                                                               appendix A-1, the
                                                                                               duct may be
                                                                                               sampled at '3-
                                                                                               point long line';
                                                                                               otherwise,
                                                                                               conduct the
                                                                                               stratification
                                                                                               testing and
                                                                                               select sampling
                                                                                               points according
                                                                                               to Section 8.1.2
                                                                                               of Method 7E of
                                                                                               40 CFR part 60,
                                                                                               appendix A-4.
                                                      ii. Determine the   (1) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A-2.                must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurement
                                                       sampling port                           for NOX
                                                       location;.                              concentration.
                                                      iii. If necessary,  (2) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A-3,       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).
                                                      iv. Measure NOX at  (3) Method 7E of    (d) NOX
                                                       the exhaust of      40 CFR part 60,     concentration
                                                       the stationary      Appendix A-4,       must be at 15
                                                       internal            Method 320 of 40    percent O2, dry
                                                       combustion          CFR part 63,        basis. Results of
                                                       engine; if using    appendix A, or      this test consist
                                                       a control device,   ASTM D 6348-03      of the average of
                                                       the sampling site   (incorporated by    the three 1-hour
                                                       must be located     reference, see      or longer runs.
                                                       at the outlet of    Sec. 60.17).
                                                       the control
                                                       device..
                                  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-1.   at the inlet and
                                                       number of                               outlet of the
                                                       traverse points;.                       control device.

[[Page 1072]]

 
                                                      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-2.                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-3.       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-3.       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-1.   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-2.                must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurements
                                                       sampling port                           for PM
                                                       location;.                              concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A-3.       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-3.       must be at 15
                                                       internal                                percent O2, dry
                                                       combustion                              basis. Results of
                                                       engine..                                this test consist
                                                                                               of the average of
                                                                                               the three 1-hour
                                                                                               or longer runs.
----------------------------------------------------------------------------------------------------------------


[79 FR 11251, Feb. 27, 2014]



   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).

[[Page 1073]]

 
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 (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.
    (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);
    (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);

[[Page 1074]]

    (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 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.
    (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.

[73 FR 3591, Jan. 18, 2008, as amended at 76 FR 37972, June 28, 2011]

                  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 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 manufacturing       and related
If engine displacement 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    40 CFR part 1054.
                                  or 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    40 CFR part 1054.
                                  or 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

[[Page 1075]]

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 use 
gasoline and 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) that use gasoline 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 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)(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 that are rich burn engines that use LPG 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 25 HP and less than 130 HP (except 
gasoline and rich burn engines that use LPG), 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 (except gasoline and 
rich burn engines that use LPG) 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

[[Page 1076]]

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.
    (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.

[73 FR 3591, Jan. 18, 2008, as amended at 73 FR 59175, Oct. 8, 2008; 76 
FR 37973, June 28, 2011; 78 FR 6697, Jan. 30, 2013]



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

[[Page 1077]]

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 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 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

[[Page 1078]]

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.
    (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.

[73 FR 3591, Jan. 18, 2008, as amended at 76 FR 37973, June 28, 2011]



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 previous model years?

    (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 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

[[Page 1079]]

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.



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, 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]

[[Page 1080]]



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 3 to 40 CFR 1048.505, except that Table 
3 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 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

[[Page 1081]]

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 at 73 FR 59176, Oct. 8, 2008; 76 
FR 37974, June 28, 2011]



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

[[Page 1082]]

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 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 at 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

[[Page 1083]]

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.
    (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 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

[[Page 1084]]

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) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (d)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations for 
50 hours per year, as described in paragraphs (d)(1) through (3) of this 
section, is prohibited. If you do not operate the engine according to 
the requirements in paragraphs (d)(1) through (3) of this section, the 
engine will not be considered an emergency engine under this subpart and 
must meet all requirements for non-emergency engines.
    (1) There is no time limit on the use of emergency stationary ICE in 
emergency situations.
    (2) You may operate your emergency stationary ICE for any 
combination of the purposes specified in paragraphs (d)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraph (d)(3) of 
this section counts as part of the 100 hours per calendar year allowed 
by this paragraph (d)(2).
    (i) Emergency stationary ICE may be operated for maintenance checks 
and readiness testing, provided that the tests are recommended by 
federal, state or local government, the manufacturer, the vendor, the 
regional transmission organization or equivalent balancing authority and 
transmission operator, or the insurance company associated with the 
engine. 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 calendar year.
    (ii) Emergency stationary ICE may be operated for emergency demand 
response for periods in which the Reliability Coordinator under the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by 
reference, see Sec. 60.17), or other authorized entity as determined by 
the Reliability Coordinator, has declared an Energy Emergency Alert 
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
    (iii) Emergency stationary ICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing and emergency demand response 
provided in paragraph (d)(2) of this section. Except as provided in 
paragraph (d)(3)(i) of this section, the 50 hours per year for non-
emergency situations cannot be used for peak shaving or non-emergency 
demand response, or to generate income for a facility to an electric 
grid or otherwise supply power as part of a financial arrangement with 
another entity.
    (i) The 50 hours per year for non-emergency situations can be used 
to supply power as part of a financial arrangement with another entity 
if all of the following conditions are met:
    (A) The engine is dispatched by the local balancing authority or 
local

[[Page 1085]]

transmission and distribution system operator;
    (B) The dispatch is intended to mitigate local transmission and/or 
distribution limitations so as to avert potential voltage collapse or 
line overloads that could lead to the interruption of power supply in a 
local area or region.
    (C) The dispatch follows reliability, emergency operation or similar 
protocols that follow specific NERC, regional, state, public utility 
commission or local standards or guidelines.
    (D) The power is provided only to the facility itself or to support 
the local transmission and distribution system.
    (E) The owner or operator identifies and records the entity that 
dispatches the engine and the specific NERC, regional, state, public 
utility commission or local standards or guidelines that are being 
followed for dispatching the engine. The local balancing authority or 
local transmission and distribution system operator may keep these 
records on behalf of the engine owner or operator.
    (ii) [Reserved]
    (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 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.
    (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

[[Page 1086]]

days after the engine commences operation after the modification or 
reconstruction.

[73 FR 3591, Jan. 18, 2008, as amended at 76 FR 37974, June 28, 2011; 78 
FR 6697, Jan. 30, 2013]

              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:

[[Page 1087]]

[GRAPHIC] [TIFF OMITTED] TR18JA08.002

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

[[Page 1088]]

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 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.
    (e) If you own or operate an emergency stationary SI ICE with a 
maximum engine power more than 100 HP that operates or is contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec. 60.4243(d)(2)(ii) and (iii) or that 
operates for the purposes specified in Sec. 60.4243(d)(3)(i), you must 
submit an annual report according to the requirements in paragraphs 
(e)(1) through (3) of this section.
    (1) The report must contain the following information:
    (i) Company name and address where the engine is located.
    (ii) Date of the report and beginning and ending dates of the 
reporting period.
    (iii) Engine site rating and model year.
    (iv) Latitude and longitude of the engine in decimal degrees 
reported to the fifth decimal place.
    (v) Hours operated for the purposes specified in Sec. 
60.4243(d)(2)(ii) and (iii), including the date, start time, and end 
time for engine operation for the purposes specified in Sec. 
60.4243(d)(2)(ii) and (iii).
    (vi) Number of hours the engine is contractually obligated to be 
available for the purposes specified in Sec. 60.4243(d)(2)(ii) and 
(iii).
    (vii) Hours spent for operation for the purposes specified in Sec. 
60.4243(d)(3)(i), including the date, start time, and end time for 
engine operation for the purposes specified in Sec. 60.4243(d)(3)(i). 
The report must also identify the entity that dispatched the engine and 
the situation that necessitated the dispatch of the engine.
    (2) The first annual report must cover the calendar year 2015 and 
must be submitted no later than March 31, 2016. Subsequent annual 
reports for each calendar year must be submitted no later than March 31 
of the following calendar year.
    (3) The annual report must be submitted electronically using the 
subpart specific reporting form in the Compliance and Emissions Data 
Reporting Interface (CEDRI) that is accessed through EPA's Central Data 
Exchange (CDX) (www.epa.gov/cdx). However, if the reporting form 
specific to this subpart is not available in CEDRI at the time that the 
report is due, the written report must be submitted to the Administrator 
at the appropriate address listed in Sec. 60.4.

[73 FR 3591, Jan. 18, 2008, as amended at 73 FR 59177, Oct. 8, 2008; 78 
FR 6697, Jan. 30, 2013]

                           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.

[[Page 1089]]

                        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 at 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 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.

[[Page 1090]]

    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.
    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.
    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 
reciprocating internal combustion engine that meets all of the criteria 
in paragraphs (1) through (3) of this definition. All emergency 
stationary ICE must comply with the requirements specified in Sec. 
60.4243(d) in order to be considered emergency stationary ICE. If the 
engine does not comply with the requirements specified in Sec. 
60.4243(d), then it is not considered to be an emergency stationary ICE 
under this subpart.
    (1) The stationary ICE is operated to provide electrical power or 
mechanical work during an emergency situation. 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.
    (2) The stationary ICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec. 60.4243(d).
    (3) The stationary ICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec. 60.4243(d)(2)(ii) or (iii) and Sec. 
60.4243(d)(3)(i).
    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.
    Freshly manufactured engine means an engine that has not been placed 
into service. An engine becomes freshly manufactured when it is 
originally produced.
    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

[[Page 1091]]

commercially known or sold as gasoline.
    Installed means the engine is placed and secured at the location 
where it is intended to be operated.
    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 or 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 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'').
    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)

[[Page 1092]]

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, 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.
    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 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 at 73 FR 59177, Oct. 8, 2008; 76 
FR 37974, June 28, 2011; 78 FR 6698, Jan. 30, 2013]



  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
                                                                       -----------------------------------------
     Engine type and fuel        Maximum engine power     Manufacture         g/HP-hr          ppmvd at 15% O2
                                                             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      500<=HP<1,350.........        1/1/2008    3.0    5.0    1.0    220    610     80
 Burn.
                                                              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.

[[Page 1093]]

 
\d\ For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of
  formaldehyde should not be included.


[76 FR 37975, June 28, 2011]



 Sec. 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:

----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each              Complying with the       You must              Using             following
                                     requirement to                                              requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary SI internal         a. limit the        i. Select the       (1) Method 1 or 1A  (a) Alternatively,
 combustion engine demonstrating   concentration of    sampling port       of 40 CFR part      for NOX, O2, and
 compliance according to Sec. NOX in the          location and the    60, appendix A-1,   moisture
 60.4244..                         stationary SI       number/location     if measuring flow   measurement,
                                   internal            of traverse         rate.               ducts <=6 inches
                                   combustion engine   points at the                           in diameter may
                                   exhaust..           exhaust of the                          be sampled at a
                                                       stationary                              single point
                                                       internal                                located at the
                                                       combustion                              duct centroid and
                                                       engine;.                                ducts >6 and <=12
                                                                                               inches in
                                                                                               diameter may be
                                                                                               sampled at 3
                                                                                               traverse points
                                                                                               located at 16.7,
                                                                                               50.0, and 83.3%
                                                                                               of the
                                                                                               measurement line
                                                                                               ('3-point long
                                                                                               line'). If the
                                                                                               duct is >12
                                                                                               inches in
                                                                                               diameter and the
                                                                                               sampling port
                                                                                               location meets
                                                                                               the two and half-
                                                                                               diameter
                                                                                               criterion of
                                                                                               Section 11.1.1 of
                                                                                               Method 1 of 40
                                                                                               CFR part 60,
                                                                                               Appendix A, the
                                                                                               duct may be
                                                                                               sampled at '3-
                                                                                               point long line';
                                                                                               otherwise,
                                                                                               conduct the
                                                                                               stratification
                                                                                               testing and
                                                                                               select sampling
                                                                                               points according
                                                                                               to Section 8.1.2
                                                                                               of Method 7E of
                                                                                               40 CFR part 60,
                                                                                               Appendix A.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B\b\ of 40      to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A-2 or     must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (Reapproved      the measurements
                                                       sampling port       2005) a e.          for NOX
                                                       location;.                              concentration.
                                                      iii. If necessary,  (3) Method 2 or 2C
                                                       determine the       of 40 CFR part
                                                       exhaust flowrate    60, appendix A-1
                                                       of the stationary   or Method 19 of
                                                       internal            40 CFR part 60,
                                                       combustion engine   appendix A-7.
                                                       exhaust;.
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A-3,       moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM Method D       NOX
                                                       sampling port       6348-03 \e\.        concentration.
                                                       location; and

[[Page 1094]]

 
                                                      v. Measure NOX at   (5) Method 7E of    (d) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A-4,       of the average of
                                                       internal            ASTM Method D6522-  the three 1-hour
                                                       combustion          00 (Reapproved      or longer runs.
                                                       engine; if using    2005) a e, Method
                                                       a control device,   320 of 40 CFR
                                                       the sampling site   part 63, appendix
                                                       must be located     A, or ASTM Method
                                                       at the outlet of    D 6348-03 \e\.
                                                       the control
                                                       device..
                                  b. limit the        i. Select the       (1) Method 1 or 1A  (a) Alternatively,
                                   concentration of    sampling port       of 40 CFR part      for CO, O2, and
                                   CO in the           location and the    60, appendix A-1,   moisture
                                   stationary SI       number/location     if measuring flow   measurement,
                                   internal            of traverse         rate.               ducts <=6 inches
                                   combustion engine   points at the                           in diameter may
                                   exhaust..           exhaust of the                          be sampled at a
                                                       stationary                              single point
                                                       internal                                located at the
                                                       combustion                              duct centroid and
                                                       engine;.                                ducts >6 and <=12
                                                                                               inches in
                                                                                               diameter may be
                                                                                               sampled at 3
                                                                                               traverse points
                                                                                               located at 16.7,
                                                                                               50.0, and 83.3%
                                                                                               of the
                                                                                               measurement line
                                                                                               ('3-point long
                                                                                               line'). If the
                                                                                               duct is >12
                                                                                               inches in
                                                                                               diameter and the
                                                                                               sampling port
                                                                                               location meets
                                                                                               the two and half-
                                                                                               diameter
                                                                                               criterion of
                                                                                               Section 11.1.1 of
                                                                                               Method 1 of 40
                                                                                               CFR part 60,
                                                                                               Appendix A, the
                                                                                               duct may be
                                                                                               sampled at '3-
                                                                                               point long line';
                                                                                               otherwise,
                                                                                               conduct the
                                                                                               stratification
                                                                                               testing and
                                                                                               select sampling
                                                                                               points according
                                                                                               to Section 8.1.2
                                                                                               of Method 7E of
                                                                                               40 CFR part 60,
                                                                                               Appendix A.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A-2 or     must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (Reapproved      the measurements
                                                       sampling port       2005) a e.          for CO
                                                       location;.                              concentration.
                                                      iii. If necessary,  (3) Method 2 or 2C
                                                       determine the       of 40 CFR part
                                                       exhaust flowrate    60, appendix A-1
                                                       of the stationary   or Method 19 of
                                                       internal            40 CFR part 60,
                                                       combustion engine   appendix A-7.
                                                       exhaust;.
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A-3,       moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM Method D       CO concentration.
                                                       sampling port       6348-03 \e\.
                                                       location; and
                                                      v. Measure CO at    (5) Method 10 of    (d) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A4, ASTM   of the average of
                                                       internal            Method D6522-00     the three 1-hour
                                                       combustion          (Reapproved 2005)   or longer runs.
                                                       engine; if using    a e, Method 320
                                                       a control device,   of 40 CFR part
                                                       the sampling site   63, appendix A,
                                                       must be located     or ASTM Method D
                                                       at the outlet of    6348-03 \e\.
                                                       the control
                                                       device..

[[Page 1095]]

 
                                  c. limit the        i. Select the       (1) Method 1 or 1A  (a) Alternatively,
                                   concentration of    sampling port       of 40 CFR part      for VOC, O2, and
                                   VOC in the          location and the    60, appendix A-1,   moisture
                                   stationary SI       number/location     if measuring flow   measurement,
                                   internal            of traverse         rate.               ducts <=6 inches
                                   combustion engine   points at the                           in diameter may
                                   exhaust.            exhaust of the                          be sampled at a
                                                       stationary                              single point
                                                       internal                                located at the
                                                       combustion                              duct centroid and
                                                       engine;.                                ducts >6 and <=12
                                                                                               inches in
                                                                                               diameter may be
                                                                                               sampled at 3
                                                                                               traverse points
                                                                                               located at 16.7,
                                                                                               50.0, and 83.3%
                                                                                               of the
                                                                                               measurement line
                                                                                               ('3-point long
                                                                                               line'). If the
                                                                                               duct is >12
                                                                                               inches in
                                                                                               diameter and the
                                                                                               sampling port
                                                                                               location meets
                                                                                               the two and half-
                                                                                               diameter
                                                                                               criterion of
                                                                                               Section 11.1.1 of
                                                                                               Method 1 of 40
                                                                                               CFR part 60,
                                                                                               Appendix A, the
                                                                                               duct may be
                                                                                               sampled at '3-
                                                                                               point long line';
                                                                                               otherwise,
                                                                                               conduct the
                                                                                               stratification
                                                                                               testing and
                                                                                               select sampling
                                                                                               points according
                                                                                               to Section 8.1.2
                                                                                               of Method 7E of
                                                                                               40 CFR part 60,
                                                                                               Appendix A.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A-2 or     must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (Reapproved      the measurements
                                                       sampling port       2005) a e.          for VOC
                                                       location;.                              concentration.
                                                      iii. If necessary,  (3) Method 2 or 2C
                                                       determine the       of 40 CFR part
                                                       exhaust flowrate    60, appendix A-1
                                                       of the stationary   or Method 19 of
                                                       internal            40 CFR part 60,
                                                       combustion engine   appendix A-7.
                                                       exhaust;.
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A-3,       moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM Method D       VOC
                                                       sampling port       6348-03 \e\.        concentration.
                                                       location; and
                                                      v. Measure VOC at   (5) Methods 25A     (d) Results of
                                                       the exhaust of      and 18 of 40 CFR    this test consist
                                                       the stationary      part 60,            of the average of
                                                       internal            appendices A-6      the three 1-hour
                                                       combustion          and A-7, Method     or longer runs.
                                                       engine; if using    25A with the use
                                                       a control device,   of a methane
                                                       the sampling site   cutter as
                                                       must be located     described in 40
                                                       at the outlet of    CFR 1065.265,
                                                       the control         Method 18 of 40
                                                       device..            CFR part 60,
                                                                           appendix A-6 c d,
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM Method D
                                                                           6348-03 \e\.
----------------------------------------------------------------------------------------------------------------
\a\ 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. AMSE PTC 19.10-1981 incorporated by reference, see 40 CFR 60.17

[[Page 1096]]

 
\c\ You may use EPA Method 18 of 40 CFR part 60, appendix A-6, provided that you conduct an adequate pre-survey
  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. ASTM D6420-99(2004) incorporated by reference; see 40 CFR 60.17.
\e\ Incorporated by reference; see 40 CFR 60.17.


[79 FR 11253, Feb. 27, 2014]



   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).

[[Page 1097]]

 
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....................
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.

[[Page 1098]]



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 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

[[Page 1099]]

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 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:

[[Page 1100]]

    (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.
    (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

[[Page 1101]]

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 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

[[Page 1102]]

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 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

[[Page 1103]]

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 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

[[Page 1104]]

(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 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.

[[Page 1105]]



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 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

[[Page 1106]]

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 
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

[[Page 1107]]

          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 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

[[Page 1108]]

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.
    (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

[[Page 1109]]

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:
[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

[[Page 1110]]

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 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

[[Page 1111]]

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 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 MMBtu/h and 850  25 ppm at 15
                                   MMBtu/h.            percent O2 or 150
                                                       ng/J of useful
                                                       output (1.2 lb/
                                                       MWh).
New, modified, or reconstructed   850 MMBtu/h.......  15 ppm at 15
 turbine firing natural gas.                           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).

[[Page 1112]]

 
New turbine firing fuels other    50 MMBtu/h and 850  74 ppm at 15
 than natural gas.                 MMBtu/h.            percent O2 or 460
                                                       ng/J of useful
                                                       output (3.6 lb/
                                                       MWh).
New, modified, or reconstructed   850 MMBtu/h.......  42 ppm at 15
 turbine firing fuels other than                       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 MMBtu/h and 850  42 ppm at 15
 turbine firing natural gas.       MMBtu/h.            percent O2 or 250
                                                       ng/J of useful
                                                       output (2.0 lb/
                                                       MWh).
Modified or reconstructed         50 MMBtu/h and 850  96 ppm at 15
 turbine firing fuels other than   MMBtu/h.            percent O2 or 590
 natural gas.                                          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.
Turbines located north of the     30 MW output......  96 ppm at 15
 Arctic Circle (latitude 66.5                          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

                              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

[[Page 1113]]

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 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. Sec. 60.4800 and 
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

[[Page 1114]]

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.

                   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).

[[Page 1115]]



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.
    (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.

[[Page 1116]]

    (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).



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).

[[Page 1117]]

    (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.
    (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

[[Page 1118]]

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 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,

[[Page 1119]]

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 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.

[[Page 1120]]

    (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.
    (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:

[[Page 1121]]

    (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, 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

[[Page 1122]]

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. 60.4875  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).

[[Page 1123]]

    (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).
    (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

[[Page 1124]]

(a)(3)(ii)(D)(1) through (4) of this section.
    (1) Install the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 1.0 percent of the temperature value, 
whichever is larger, for a noncryogenic temperature range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 2.5 percent of the temperature value, 
whichever is larger, for a cryogenic temperature range.
    (4) Conduct a temperature measurement device performance evaluation 
at the time of each performance test but no less frequently than 
annually.
    (E) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the electrostatic precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (F) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 60.11(d).
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec. 60.13.
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (7) Provisions for periods when the continuous monitoring system is 
out of control, as follows:
    (i) A continuous monitoring system is out of control if the 
conditions of paragraph (a)(7)(i)(A) or (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

[[Page 1125]]

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 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:

[[Page 1126]]

    (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. 60.4930.

                   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

[[Page 1127]]

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. 60.4900(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:

[[Page 1128]]

    (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.
    (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

[[Page 1129]]

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.
    (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

[[Page 1130]]

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 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.

[[Page 1131]]

    (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 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

[[Page 1132]]

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 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

[[Page 1133]]

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. 60.4880(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

[[Page 1134]]

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 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.

[[Page 1135]]

    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate matter 
emissions.
    (c) You must operate and maintain the continuous parameter 
monitoring systems specified in paragraphs (a) and (b) of this section 
in continuous operation according to your monitoring plan required under 
Sec. 60.4880.
    (d) If your SSI unit has a bypass stack, you must install, calibrate 
(to manufacturers' specifications), maintain, and operate a device or 
method for measuring the use of the bypass stack including date, time, 
and duration.

                       Recordkeeping and Reporting



Sec. 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.

[[Page 1136]]

    (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 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.

[[Page 1137]]

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 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

[[Page 1138]]

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.
    (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.

[[Page 1139]]

    (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. (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

[[Page 1140]]

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 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

[[Page 1141]]

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.
    (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

[[Page 1142]]

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).)

                               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.

[[Page 1143]]

    Electrostatic precipitator or wet electrostatic precipitator means 
an air pollution control device that uses both electrical forces and, if 
applicable, water to remove pollutants in the exit gas from a sewage 
sludge incinerator stack.
    Existing sewage sludge incineration unit means a sewage sludge 
incineration unit the construction of which is commenced on or before 
October 14, 2010.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Fluidized bed incinerator means an enclosed device in which organic 
matter and inorganic matter in sewage sludge are combusted in a bed of 
particles suspended in the combustion chamber gas.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification means a change to an existing SSI unit later than 
September 21, 2011 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
SSI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the SSI unit used to calculate these costs, see the definition of SSI 
unit.
    (2) Any physical change in the SSI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Modified sewage sludge incineration (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

[[Page 1144]]

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 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.



 Sec. 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 1145]]

 
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% or
                                                                 monoxide concentration   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 1146]]



 Sec. 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 1147]]

 
\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.



 Sec. 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 -----------------------------------------------------------
 For these operating parameters     these operating                                             Data averaging
                                        limits         Data measurement   Data recording \b\      period for
                                                                                                  compliance
----------------------------------------------------------------------------------------------------------------
                                      All sewage sludge incineration units
----------------------------------------------------------------------------------------------------------------
Combustion chamber operating      Minimum combustion  Continuous........  Every 15 minutes..  12-hour block.
 temperature or afterburner        chamber operating
 temperature.                      temperature or
                                   afterburner
                                   temperature.
Fugitive emissions from ash       Site-specific       Not applicable....  Not applicable....  Not applicable.
 handling.                         operating
                                   requirements.
----------------------------------------------------------------------------------------------------------------
                                                    Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet     Minimum pressure    Continuous........  Every 15 minutes..  12-hour block.
 scrubber.                         drop.
Scrubber liquid flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  12-hour block.
Scrubber liquid pH..............  Minimum pH........  Continuous........  Every 15 minutes..  3-hour block.
----------------------------------------------------------------------------------------------------------------
                                                  Fabric Filter
----------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak        Maximum alarm time of the bag leak detection system alarm (this operating
 detection system alarm.           limit is provided in Sec. 60.4850 and is not established on a site-specific
                                   basis).
----------------------------------------------------------------------------------------------------------------
                                           Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the          Minimum power       Continuous........  Hourly............  12-hour block.
 electrostatic precipitator        input to the
 collection plates.                electrostatic
                                   precipitator
                                   collection plates.
----------------------------------------------------------------------------------------------------------------
Secondary amperage of the
 electrostatic precipitator
 collection plates.
Effluent water flow rate at the   Minimum effluent    Hourly............  Hourly............  12-hour block.
 outlet of the electrostatic       water flow rate
 precipitator.                     at the outlet of
                                   the electrostatic
                                   precipitator.
----------------------------------------------------------------------------------------------------------------
                                           Activated carbon injection
----------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate..  Minimum mercury     Hourly............  Hourly............  12-hour block.
                                   sorbent injection
                                   rate.
Dioxin/furan sorbent injection    Minimum dioxin/
 rate.                             furan sorbent
                                   injection rate.
Carrier gas flow rate or carrier  Minimum carrier     Continuous........  Every 15 minutes..  12-hour block.
 gas pressure drop.                gas flow 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.



   Sec. 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

[[Page 1148]]

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



     Sec. 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 commencing     1. Statement of intent to    Sec. 60.4915(a).
                                      construction.           construct.
                                                             2. Anticipated date of
                                                              commencement of
                                                              construction..
                                                             3. Documentation for siting
                                                              requirements..
                                                             4. Anticipated date of
                                                              initial startup..
Notification of initial startup....  Prior to initial        1. Maximum design dry        Sec. 60.4915(b).
                                      startup.                sewage 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 days   1. Company name and address  Sec. 60.4915(c).
                                      following the initial  2. Statement by a
                                      performance test.       responsible official, with
                                                              that official's name,
                                                              title, and signature,
                                                              certifying the accuracy of
                                                              the content of the report..
                                                             3. Date of report..........
                                                             4. Complete test report for
                                                              the initial performance
                                                              test..
                                                             5. Results of CMS \b\
                                                              performance evaluation..
                                                             6. The values for the site-
                                                              specific operating limits
                                                              and the calculations and
                                                              methods, 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 1149]]

 
Annual compliance report...........  No later than 12        1. Company name and address  Sec. Sec.
                                      months following the   2. Statement and signature    60.4915(d).
                                      submission of the       by responsible official..
                                      initial compliance     3. Date and beginning and
                                      report; subsequent      ending dates of report..
                                      reports are to be      4. If a performance test
                                      submitted no more       was conducted during the
                                      than 12 months          reporting period, the
                                      following the           results of the test,
                                      previous report.        including any new
                                                              operating limits and
                                                              associated calculations
                                                              and the type of activated
                                                              carbon used, if
                                                              applicable..
                                                             5. For each pollutant and
                                                              operating parameter
                                                              recorded using a CMS, the
                                                              highest recorded 3-hour
                                                              average and the lowest
                                                              recorded 3-hour average,
                                                              as applicable..
                                                             6. If no deviations from
                                                              emission limits, emission
                                                              standards, or operating
                                                              limits occurred, a
                                                              statement that no
                                                              deviations occurred..
                                                             7. If a fabric filter is
                                                              used, the date, time, and
                                                              duration of alarms..
                                                             8. If a performance
                                                              evaluation of a CMS was
                                                              conducted, the results,
                                                              including any new
                                                              operating limits and their
                                                              associated calculations..
                                                             9. If you met the
                                                              requirements of Sec.
                                                              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 1150]]

 
Deviation report (deviations from    By August 1 of a        If using a CMS: 1. Company   Sec. 60.4915(e).
 emission limits, emission            calendar year for       name and address.
 standards, or operating limits, as   data collected during  2. Statement by a
 specified in Sec. 60.4915(e)(1)).  the first half of the   responsible official..
                                      calendar year; by      3. The calendar dates and
                                      February 1 of a         times your unit deviated
                                      calendar year for       from the emission limits
                                      data collected during   or operating limits..
                                      the second half of     4. The averaged and
                                      the calendar year.      recorded data for those
                                                              dates..
                                                             5. Duration and cause of
                                                              each deviation..
                                                             6. Dates, times, and causes
                                                              for monitor downtime
                                                              incidents..
                                                             7. A copy of the operating
                                                              parameter monitoring data
                                                              during each deviation and
                                                              any test report that
                                                              documents the emission
                                                              levels..
                                                             8. For periods of CMS
                                                              malfunction or when a CMS
                                                              was out of control, you
                                                              must include the
                                                              information specified in
                                                              Sec.
                                                              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 operator   Within 10 days of       1. Statement of cause of     Sec. 60.4915(f).
 deviation (if all qualified          deviation.              deviation.
 operators are not accessible for 2                          2. Description of actions
 weeks or more).                                              taken to ensure that a
                                                              qualified operator will be
                                                              available.
                                                             3. The date when a
                                                              qualified operator will be
                                                              accessible..
Notification of status of qualified  Every 4 weeks           1. Description of actions    Sec. 60.4915(f).
 operator deviation.                  following               taken to ensure that a
                                      notification of         qualified operator is
                                      deviation.              accessible.
                                                             2. The date when you
                                                              anticipate that a
                                                              qualified operator will be
                                                              accessible..
                                                             3. Request for approval to
                                                              continue operation..
Notification of resumed operation    Within 5 days of        1. Notification that you     Sec. 60.4915(f).
 following shutdown (due to           obtaining a qualified   have obtained a qualified
 qualified operator deviation and     operator and resuming   operator and are resuming
 as specified in Sec. operation.              operation.
 60.4835(b)(2)(i).
Notification of a force majeure....  As soon as practicable  1. Description of the force  Sec. 60.4915(g).
                                      following the date      majeure event.
                                      you first knew, or     2. Rationale for
                                      through due diligence   attributing the delay in
                                      should have known       conducting the performance
                                      that the event may      test beyond the regulatory
                                      cause or caused a       deadline to the force
                                      delay in conducting a   majeure..
                                      performance test       3. Description of the
                                      beyond the regulatory   measures taken or to be
                                      deadline; the           taken to minimize the
                                      notification must       delay..
                                      occur before the       4. Identification of the
                                      performance test        date by which you propose
                                      deadline unless the     to conduct the performance
                                      initial force majeure   test..
                                      or a subsequent force
                                      majeure event delays
                                      the notice, and in
                                      such cases, the
                                      notification must
                                      occur as soon as
                                      practicable.

[[Page 1151]]

 
Notification of intent to start or   1 month before          1. Intent to start or stop   Sec. 60.4915(h).
 stop use of a CMS.                   starting or stopping    use of a CMS.
                                      use of a CMS.
Notification of intent to conduct a  At least 30 days prior  1. Intent to conduct a
 performance test.                    to the performance      performance test to comply
                                      test.                   with this subpart.
Notification of intent to conduct a  At least 7 days prior   1. Intent to conduct a
 rescheduled performance test.        to the date of a        rescheduled performance
                                      rescheduled             test to comply with this
                                      performance test.       subpart.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.



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

    Source: 76 FR 15404, Mar. 21, 2011, unless otherwise noted.

                              Introduction



Sec. 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.

[[Page 1152]]

    (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.



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.

[[Page 1153]]



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 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

[[Page 1154]]

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). 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.

[[Page 1155]]



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.



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.

[[Page 1156]]

    (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. 60.5135  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).

[[Page 1157]]

    (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. 60.5130(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

[[Page 1158]]

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).
    (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.

[[Page 1159]]

    (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. 60.5180  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

[[Page 1160]]

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. 60.5165 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

[[Page 1161]]

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, 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

[[Page 1162]]

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).
    (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

[[Page 1163]]

of mercury, you are not required to establish an operating limit and 
monitor sorbent injection rate and carrier gas flow rate (or carrier gas 
pressure drop) if you use the continuous monitoring system specified in 
Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the 
emission limit for mercury.
    (5) For an activated carbon injection system designed to control 
emissions of dioxins/furans, you are not required to establish an 
operating limit and monitor sorbent injection rate and carrier gas flow 
rate (or carrier gas pressure drop) if you use the continuous monitoring 
system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for dioxins/furans (total mass basis 
or toxic equivalency basis).
    (b) Minimum pressure drop across each wet scrubber used to meet the 
particulate matter, lead, and cadmium emission limits in Table 2 or 3 to 
this subpart, equal to the lowest 4-hour average pressure drop across 
each such wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter, lead, and cadmium 
emission limits.
    (c) Minimum scrubber liquid flow rate (measured at the inlet to each 
wet scrubber), equal to the lowest 4-hour average liquid flow rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits. (d) Minimum scrubber 
liquid pH for each wet scrubber used to meet the sulfur dioxide or 
hydrogen chloride emission limits in Table 2 or 3 to this subpart, equal 
to the lowest 1-hour average scrubber liquid pH measured during the most 
recent performance test demonstrating compliance with the sulfur dioxide 
and hydrogen chloride emission limits.
    (e) Minimum combustion chamber operating temperature (or minimum 
afterburner temperature), equal to the lowest 4-hour average combustion 
chamber operating temperature (or afterburner temperature) measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limits.
    (f) Minimum power input to the electrostatic precipitator collection 
plates, equal to the lowest 4-hour average secondary electric power 
measured during the most recent performance test demonstrating 
compliance with the particulate matter, lead, and cadmium emission 
limits. Power input must be calculated as the product of the secondary 
voltage and secondary amperage to the electrostatic precipitator 
collection plates. Both the secondary voltage and secondary amperage 
must be recorded during the performance test. (g) Minimum effluent water 
flow rate at the outlet of the electrostatic precipitator, equal to the 
lowest 4-hour average effluent water flow rate at the outlet of the 
electrostatic precipitator measured during the most recent performance 
test demonstrating compliance with the particulate matter, lead, and 
cadmium emission limits. (h) For activated carbon injection, establish 
the site-specific operating limits specified in paragraphs (h)(1) 
through (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.

[[Page 1164]]



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.



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

[[Page 1165]]

percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (B) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(B)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., particulate matter 
scrubber pressure drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (C) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the operating limit pH level) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a 
temperature measurement device, you must meet the requirements in 
paragraphs (a)(3)(ii)(D)(1) through (4) of this section.
    (1) Install the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 1.0 percent of the temperature value, 
whichever is larger, for a noncryogenic temperature range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 2.5 percent of the temperature value, 
whichever is larger, for a cryogenic temperature range.
    (4) Conduct a temperature measurement device performance evaluation 
at the time of each performance test but no less frequently than 
annually.
    (E) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the electrostatic precipitator collection plates.

[[Page 1166]]

    (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 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.

[[Page 1167]]

    (5) Maintenance of the bag leak detection system, including a 
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak 
detection system data. Use a bag leak detection system equipped with a 
device to continuously record the output signal from the sensor. (c) You 
must conduct an initial performance evaluation of each continuous 
monitoring system and bag leak detection system, as applicable, in 
accordance with your monitoring plan and to Sec. 60.13(c). For the 
purpose of this subpart, the provisions of Sec. 60.13(c) also apply to 
the bag leak detection system. You must conduct the initial performance 
evaluation of each continuous monitoring system within 60 days of 
installation of the monitoring system
    (d) You must submit a monitoring plan specifying the ash handling 
system operating procedures that you will follow to ensure that you meet 
the fugitive emissions limit specified in Table 2 or 3 to this subpart.
    (e) You may submit an application to the Administrator for approval 
of alternate monitoring requirements to demonstrate compliance with the 
standards of this subpart, subject to the provisions of paragraphs 
(e)(1) through (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

[[Page 1168]]

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 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

[[Page 1169]]

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 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

[[Page 1170]]

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.
    (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.

[[Page 1171]]

    (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 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.

[[Page 1172]]

    (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

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.

[[Page 1173]]

    (11) During each test run specified in paragraph (a)(1) of this 
section, you must operate your sewage sludge incinerator at a minimum of 
85 percent of your maximum permitted capacity.
    (b) Continuous monitor requirements. You must meet the following 
requirements, as applicable, when using a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 2 or 3 to 
this subpart. The option to use a continuous emissions monitoring system 
for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on 
the date a final performance specification applicable to hydrogen 
chloride, dioxins/furans, cadmium, or lead is published in the Federal 
Register. If you elect to use a continuous emissions monitoring system 
instead of conducting annual performance testing, you must meet the 
requirements of paragraphs (b)(1) through (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

[[Page 1174]]

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.
    (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).

[[Page 1175]]

    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in a deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec. 60.4880(a)(7)(i), repairs 
associated with periods when the monitoring system is out of control, or 
required monitoring system quality assurance or control activities 
conducted during out-of-control periods must not be included in 
calculations used to report emissions or operating levels. Any such 
periods that do not coincide with a monitoring system malfunction as 
defined in Sec. 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

[[Page 1176]]

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 
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:

[[Page 1177]]

    (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. 60.5155(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).

[[Page 1178]]

    (B) If a wet scrubber is used to comply with the rule, pressure drop 
across each wet scrubber system and liquid flow rate to each wet 
scrubber used to comply with the emission limit in Table 2 or 3 to this 
subpart for particulate matter, cadmium, or lead, and scrubber liquid 
flow rate and scrubber liquid pH for each wet scrubber used to comply 
with an emission limit in Table 2 or 3 to this subpart for sulfur 
dioxide or hydrogen chloride.
    (C) If an electrostatic precipitator is used to comply with the 
rule, secondary voltage of the electrostatic precipitator collection 
plates and secondary amperage of the electrostatic precipitator 
collection plates, and effluent water flow rate at the outlet of the wet 
electrostatic precipitator.
    (D) If activated carbon injection is used to comply with the rule, 
sorbent flow rate and carrier gas flow rate or pressure drop, as 
applicable.
    (ii) All daily average values recorded for the feed rate and 
moisture content of the sewage sludge fed to the sewage sludge 
incinerator, monitored and calculated as specified in Sec. 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.

[[Page 1179]]

    (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 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.

[[Page 1180]]

    (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. 
60.5230(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

[[Page 1181]]

any applicable emission limit to be exceeded.
    (2) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).
    (3) For each deviation where you are using a continuous monitoring 
system to comply with an associated emission limit or operating limit, 
report the items described in paragraphs (d)(3)(i) through (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.

[[Page 1182]]

    (vi) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits, and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vii) A copy of any performance test report that showed a deviation 
from the emission limits or standards.
    (viii) A brief description of any malfunction reported in paragraph 
(d)(1)(vii) of this section, including a description of actions taken 
during the malfunction to minimize emissions in accordance with Sec. 
60.11(d) and to correct the malfunction.
    (e) Qualified operator deviation. (1) If all qualified operators are 
not accessible for 2 weeks or more, you must take the two actions in 
paragraphs (e)(1)(i) and (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

[[Page 1183]]

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 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

[[Page 1184]]

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 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

[[Page 1185]]

21, 2011 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
SSI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the SSI unit used to calculate these costs, see the definition of SSI 
unit.
    (2) Any physical change in the SSI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Modified sewage sludge incineration unit means an existing SSI unit 
that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that 
contains a number of solid refractory hearths and a central rotating 
shaft; rabble arms that are designed to slowly rake the sludge on the 
hearth are attached to the rotating shaft. Dewatered sludge enters at 
the top and proceeds downward through the furnace from hearth to hearth, 
pushed along by the rabble arms.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of sewage sludge is combusted 
at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from 
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or 
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of 
the test-run average secondary voltage and the test-run average 
secondary amperage to the electrostatic precipitator collection plates.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to:
    (1) A change in the process employed at the wastewater treatment 
facility associated with the affected SSI unit (e.g., the addition of 
tertiary treatment at the facility, which changes the method used for 
disposing of process solids and processing of the sludge prior to 
incineration).
    (2) A change in the air pollution control devices used to comply 
with the emission limits for the affected SSI unit (e.g., change in the 
sorbent used for activated carbon injection).
    Sewage sludge means solid, semi-solid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes, but is not limited to, domestic septage; scum or solids 
removed in primary, secondary, or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge does 
not include ash generated during the firing of sewage sludge in a sewage 
sludge incineration unit or grit and screenings generated during 
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is fed 
into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit 
combusting sewage sludge for the purpose of reducing the volume of the 
sewage sludge by removing combustible matter. Sewage sludge incineration 
unit designs include fluidized bed and multiple hearth. 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

[[Page 1186]]

industrial, commercial, mining, agricultural operations, and from 
community activities, but does not include solid or dissolved material 
in domestic sewage, or solid or dissolved materials in irrigation return 
flows or industrial discharges which are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1342), or source, special nuclear, or byproduct 
material as defined by the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup means the period of time between the activation, including 
the firing of fuels (e.g., natural gas or distillate oil), of the system 
and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an 
individual dioxin isomer in an environmental mixture and the 
corresponding estimate of the compound-specific toxicity relative to 
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency 
factor for that compound. Table 5 to this subpart lists the toxic 
equivalency factors.
    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.



   Sec. 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.



Sec. 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   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-3;
                                                                 meters sample per run).  Method 26A or Method
                                                                                          29 at 40 CFR part 60,
                                                                                          appendix A-8).
Hydrogen chloride....................  0.51 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).
Carbon monoxide......................  64 parts per million by  3-run average (collect   Performance test
                                        dry volume.              sample for a minimum     (Method 10, 10A, or
                                                                 duration of one hour     10B at 40 CFR part 60,
                                                                 per run).                appendix A-4).
Dioxins/furans (total mass basis); or  1.2 nanograms per dry    3-run average (collect   Performance test
Dioxins/furans (toxic equivalency       standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
 basis) \b\.                            (total mass basis); or   dry standard cubic       part 60, appendix A-
                                       0.10 nanograms per dry    meters per run).         7).
                                        standard cubic meter
                                        (toxic equivalency
                                        basis).
Mercury..............................  0.037 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 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).

[[Page 1187]]

 
Oxides of nitrogen...................  150 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.......................  15 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 60     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..............................  0.0016 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.................................  0.0074 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 sample 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.



Sec. 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   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......................  3,800 parts per million  3-run average (collect   Performance test
                                        by dry volume.           sample for a minimum     (Method 10, 10A, or
                                                                 duration of one hour     10B at 40 CFR part 60,
                                                                 per run).                appendix A-4).
Dioxins/furans (total mass basis)....  5.0 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter;    a minimum volume of 1    (Method 23 at 40 CFR
                                        or                       dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.32 nanograms per dry
 basis) \b\.                            standard cubic meter.
Mercury..............................  0.28 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...................  220 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).

[[Page 1188]]

 
Cadmium..............................  0.095 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).
Lead.................................  0.30 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
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.



     Sec. 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  ---------------------------------------------------------
 For these operating parameters     these operating                                              Data averaging
                                         limits          Data measurement     Data recording       period for
                                                                                   \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          Not applicable....  No applicable....  Not applicable.
 handling.                        operating
                                  requirements.
----------------------------------------------------------------------------------------------------------------
                                                    Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet    Minimum pressure drop  Continuous........  Every 15 minutes.  12-hour block.
 scrubber.
Scrubber liquid flow rate......  Minimum flow rate....  Continuous........  Every 15 minutes.  12-hour block.
Scrubber liquid pH.............  Minimum pH...........  Continuous........  Every 15 minutes.  3-hour block.
----------------------------------------------------------------------------------------------------------------
                                                  Fabric Filter
----------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak       Maximum alarm time of the bag leak detection system alarm (this operating limit
 detection system alarm.          is provided in Sec. 60.4850 and is not established on a site-specific basis)
----------------------------------------------------------------------------------------------------------------
                                           Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the         Minimum power input    Continuous........  Hourly...........  12-hour block.
 electrostatic precipitator       to the electrostatic
 collection plates.               precipitator
                                  collection plates.
Secondary amperage of the
 electrostatic precipitator
 collection plates.
Effluent water flow rate at the  Minimum effluent       Hourly............  Hourly...........  12-hour block.
 outlet of the electrostatic      water flow rate at
 precipitator.                    the outlet of the
                                  electrostatic
                                  precipitator.
----------------------------------------------------------------------------------------------------------------
                                           Activated carbon injection
----------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate.  Minimum mercury        Hourly............  Hourly...........  12-hour block.
                                  sorbent injection
                                  rate.
Dioxin/furan sorbent injection   Minimum dioxin/furan
 rate.                            sorbent injection
                                  rate.
Carrier gas flow rate or         Minimum carrier gas    Continuous........  Every 15 minutes.  12-hour block.
 carrier gas pressure drop.       flow rate or minimum
                                  carrier gas pressure
                                  drop.
----------------------------------------------------------------------------------------------------------------

[[Page 1189]]

 
                                                   Afterburner
----------------------------------------------------------------------------------------------------------------
Temperature of the afterburner   Minimum temperature    Continuous........  Every 15 minutes.  12-hour block.
 combustion chamber.              of the afterburner
                                  combustion chamber.
----------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec. 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.



 Sec. 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
------------------------------------------------------------------------



    Sec. 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    Sec. 60.5235(a).
                                        business days after      including air
                                        the compliance date      pollution control
                                        for the increment.       device descriptions,
                                                                 process changes, type
                                                                 of waste to be burned,
                                                                 and the maximum design
                                                                 sewage sludge burning
                                                                 capacity.
                                                                2. Notification of any
                                                                 failure to meet an
                                                                 increment of progress..
                                                                3. Notification of any
                                                                 closure..
Initial compliance report............  No later than 60 days    1. Company name and      Sec. 60.5235(b).
                                        following the initial    address.
                                        performance test.       2. Statement by a
                                                                 responsible official,
                                                                 with that official's
                                                                 name, title, and
                                                                 signature, certifying
                                                                 the accuracy of the
                                                                 content of the report.
                                                                3. Date of report......
                                                                4. Complete test report
                                                                 for the initial
                                                                 performance test.
                                                                5. Results of CMS \b\
                                                                 performance evaluation.
                                                                6. The values for the
                                                                 site-specific
                                                                 operating limits and
                                                                 the calculations and
                                                                 methods used to
                                                                 establish each
                                                                 operating limit.
                                                                7. Documentation of
                                                                 installation of bag
                                                                 leak detection system
                                                                 for fabric filter.
                                                                8. Results of initial
                                                                 air pollution control
                                                                 device inspection,
                                                                 including a
                                                                 description of repairs.
                                                                9. The site-specific
                                                                 monitoring plan
                                                                 required under Sec.
                                                                 60.5200.
                                                                10. The site-specific
                                                                 monitoring plan for
                                                                 your ash handling
                                                                 system required under
                                                                 Sec. 60.5200.

[[Page 1190]]

 
Annual compliance report.............  No later than 12 months  1. Company name and      Sec. 60.5235(c).
                                        following the            address.
                                        submission of the       2. Statement and
                                        initial compliance       signature by
                                        report; subsequent       responsible official..
                                        reports are to be       3. Date and beginning
                                        submitted no more than   and ending dates of
                                        12 months following      report..
                                        the previous report.    4. If a performance
                                                                 test was conducted
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test, including
                                                                 any new operating
                                                                 limits and associated
                                                                 calculations and the
                                                                 type of activated
                                                                 carbon used, if
                                                                 applicable..
                                                                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.
                                                                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 standards,   calendar year for data  1. Company name and
 or operating limits, as specified in   collected during the     address..
 Sec. 60.5235(e)(1)).                 first half of the       2. Statement by a
                                        calendar year; by        responsible official..
                                        February 1 of a         3. The calendar dates
                                        calendar year for data   and times your unit
                                        collected during the     deviated from the
                                        second half of the       emission limits or
                                        calendar year.           operating limits..
                                                                4. The averaged and
                                                                 recorded data for
                                                                 those dates..
                                                                5. Duration and cause
                                                                 of each deviation..
                                                                6. Dates, times, and
                                                                 causes for monitor
                                                                 downtime incidents.
                                                                7. A copy of the
                                                                 operating parameter
                                                                 monitoring data during
                                                                 each deviation and any
                                                                 test report that
                                                                 documents the emission
                                                                 levels.
                                                                8. For periods of CMS
                                                                 malfunction or when a
                                                                 CMS was out of
                                                                 control, you must
                                                                 include the
                                                                 information specified
                                                                 in Sec.
                                                                 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.

[[Page 1191]]

 
                                                                8. A brief description
                                                                 of any malfunction, a
                                                                 description of actions
                                                                 taken during the
                                                                 malfunction to
                                                                 minimize emissions,
                                                                 and corrective action
                                                                 taken.
Notification of qualified operator     Within 10 days of        1. Statement of cause    Sec. 60.5235(e).
 deviation (if all qualified            deviation.               of deviation.
 operators are not accessible for 2                             2. Description of
 weeks or more).                                                 actions taken to
                                                                 ensure that a
                                                                 qualified operator
                                                                 will be available..
                                                                3. The date when a
                                                                 qualified operator
                                                                 will be accessible..
Notification of status of qualified    Every 4 weeks following  1. Description of        Sec. 60.5235(e).
 operator deviation.                    notification of          actions taken to
                                        deviation.               ensure that a
                                                                 qualified operator is
                                                                 accessible.
                                                                2. The date when you
                                                                 anticipate that a
                                                                 qualified operator
                                                                 will be accessible..
                                                                3. Request for approval
                                                                 to continue operation..
Notification of resumed operation      Within five days of      1. Notification that     Sec. 60.5235(e).
 following shutdown (due to qualified   obtaining a qualified    you have obtained a
 operator deviation and as specified    operator and resuming    qualified operator and
 in Sec. 60.5155(b)(2)(i).            operation.               are resuming operation.
Notification of a force majeure......  As soon as practicable   1. Description of the    Sec. 60.5235(f).
                                        following the date you   force majeure event.
                                        first knew, or through  2. Rationale for
                                        due diligence should     attributing the delay
                                        have known that the      in conducting the
                                        event may cause or       performance test
                                        caused a delay in        beyond the regulatory
                                        conducting a             deadline to the force
                                        performance test         majeure.
                                        beyond the regulatory   3. Description of the
                                        deadline; the            measures taken or to
                                        notification must        be taken to minimize
                                        occur before the         the delay..
                                        performance test        4. Identification of
                                        deadline unless the      the date by which you
                                        initial force majeure    propose to conduct the
                                        or a subsequent force    performance test..
                                        majeure event delays
                                        the notice, and in
                                        such cases, the
                                        notification must
                                        occur as soon as
                                        practicable.
Notification of intent to start or     1 month before starting  1. Intent to start or    Sec. 60.5235(g).
 stop use of a CMS.                     or stopping use of a     stop use of a CMS.
                                        CMS.
Notification of intent to conduct a    At least 30 days prior   1. Intent to conduct a
 performance test.                      to the performance       performance test to
                                        test.                    comply with this
                                                                 subpart.
Notification of intent to conduct a    At least 7 days prior    1. Intent to conduct a
 rescheduled performance test.          to the date of a         rescheduled
                                        rescheduled              performance test to
                                        performance test.        comply with this
                                                                 subpart.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.



  Subpart OOOO_Standards of Performance for Crude Oil and Natural Gas 
                Production, Transmission and Distribution

    Source: 77 FR 49542, Aug. 16, 2012, unless otherwise noted.



Sec. 60.5360  What is the purpose of this subpart?

    This subpart establishes emission standards and compliance schedules 
for the control of volatile organic compounds (VOC) and sulfur dioxide 
(SO2) emissions from affected facilities that commence 
construction, modification or reconstruction after August 23, 2011.



Sec. 60.5365  Am I subject to this subpart?

    You are subject to the applicable provisions of this subpart if you 
are the owner or operator of one or more of the onshore affected 
facilities listed in paragraphs (a) through (g) of this section for 
which you commence construction, modification or reconstruction after 
August 23, 2011.
    (a) Each gas well affected facility, which is a single natural gas 
well.
    (b) Each centrifugal compressor affected facility, which is a single 
centrifugal compressor using wet seals that is located between the 
wellhead and the point of custody transfer to the natural gas 
transmission and storage

[[Page 1192]]

segment. A centrifugal compressor located at a well site, or an adjacent 
well site and servicing more than one well site, is not an affected 
facility under this subpart.
    (c) Each reciprocating compressor affected facility, which is a 
single reciprocating compressor located between the wellhead and the 
point of custody transfer to the natural gas transmission and storage 
segment. A reciprocating compressor located at a well site, or an 
adjacent well site and servicing more than one well site, is not an 
affected facility under this subpart.
    (d)(1) For the oil production segment (between the wellhead and the 
point of custody transfer to an oil pipeline), each pneumatic controller 
affected facility, which is a single continuous bleed natural gas-driven 
pneumatic controller operating at a natural gas bleed rate greater than 
6 scfh.
    (2) For the natural gas production segment (between the wellhead and 
the point of custody transfer to the natural gas transmission and 
storage segment and not including natural gas processing plants), each 
pneumatic controller affected facility, which is a single continuous 
bleed natural gas-driven pneumatic controller operating at a natural gas 
bleed rate greater than 6 scfh.
    (3) For natural gas processing plants, each pneumatic controller 
affected facility, which is a single continuous bleed natural gas-driven 
pneumatic controller.
    (e) Each storage vessel affected facility, which is a single storage 
vessel located in the oil and natural gas production segment, natural 
gas processing segment or natural gas transmission and storage segment, 
and has the potential for VOC emissions equal to or greater than 6 tpy 
as determined according to this section by October 15, 2013 for Group 1 
storage vessels and by April 15, 2014, or 30 days after startup 
(whichever is later) for Group 2 storage vessels, except as provided in 
paragraphs (e)(1) through (4) of this section. The potential for VOC 
emissions must be calculated using a generally accepted model or 
calculation methodology, based on the maximum average daily throughput 
determined for a 30-day period of production prior to the applicable 
emission determination deadline specified in this section. The 
determination may take into account requirements under a legally and 
practically enforceable limit in an operating permit or other 
requirement established under a Federal, State, local or tribal 
authority.
    (1) For each new, modified or reconstructed storage vessel receiving 
liquids pursuant to the standards for gas well affected facilities in 
Sec. 60.5375, including wells subject to Sec. 60.5375(f), you must 
determine the potential for VOC emissions within 30 days after startup 
of production.
    (2) A storage vessel affected facility that subsequently has its 
potential for VOC emissions decrease to less than 6 tpy shall remain an 
affected facility under this subpart.
    (3) For storage vessels not subject to a legally and practically 
enforceable limit in an operating permit or other requirement 
established under Federal, state, local or tribal authority, any vapor 
from the storage vessel that is recovered and routed to a process 
through a VRU designed and operated as specified in this section is not 
required to be included in the determination of VOC potential to emit 
for purposes of determining affected facility status, provided you 
comply with the requirements in paragraphs (e)(3)(i) through (iv) of 
this section.
    (i) You meet the cover requirements specified in Sec. 60.5411(b).
    (ii) You meet the closed vent system requirements specified in Sec. 
60.5411(c).
    (iii) You maintain records that document compliance with paragraphs 
(e)(3)(i) and (ii) of this section.
    (iv) In the event of removal of apparatus that recovers and routes 
vapor to a process, or operation that is inconsistent with the 
conditions specified in paragraphs (e)(3)(i) and (ii) of this section, 
you must determine the storage vessel's potential for VOC emissions 
according to this section within 30 days of such removal or operation.
    (4) For each new, reconstructed, or modified storage vessel with 
startup, startup of production, or which is returned to service, 
affected facility status is determined as follows: If a storage vessel 
is reconnected to the original source of liquids; used to replace

[[Page 1193]]

any storage vessel affected facility; or is installed in parallel with 
any storage vessel affected facility, it is a storage vessel affected 
facility subject to the same requirements as before being removed from 
service, or applicable to the storage vessel affected facility being 
replaced, or with which it is installed in parallel immediately upon 
startup, startup of production, or return to service.
    (f) The group of all equipment, except compressors, within a process 
unit is an affected facility.
    (1) Addition or replacement of equipment for the purpose of process 
improvement that is accomplished without a capital expenditure shall not 
by itself be considered a modification under this subpart.
    (2) Equipment associated with a compressor station, dehydration 
unit, sweetening unit, underground storage vessel, field gas gathering 
system, or liquefied natural gas unit is covered by Sec. Sec. 60.5400, 
60.5401, 60.5402, 60.5421, and 60.5422 of this subpart if it is located 
at an onshore natural gas processing plant. Equipment not located at the 
onshore natural gas processing plant site is exempt from the provisions 
of Sec. Sec. 60.5400, 60.5401, 60.5402, 60.5421, and 60.5422 of this 
subpart.
    (3) The equipment within a process unit of an affected facility 
located at onshore natural gas processing plants and described in 
paragraph (f) of this section are exempt from this subpart if they are 
subject to and controlled according to subparts VVa, GGG or GGGa of this 
part.
    (g) Sweetening units located at onshore natural gas processing 
plants that process natural gas produced from either onshore or offshore 
wells.
    (1) Each sweetening unit that processes natural gas is an affected 
facility; and
    (2) Each sweetening unit that processes natural gas followed by a 
sulfur recovery unit is an affected facility.
    (3) 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 recordkeeping and 
reporting requirements specified in Sec. 60.5423(c) but are not 
required to comply with Sec. Sec. 60.5405 through 60.5407 and 
Sec. Sec. 60.5410(g) and 60.5415(g) of this subpart.
    (4) 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 are not subject to Sec. Sec. 60.5405 
through 60.5407, 60.5410(g), 60.5415(g), and 60.5423 of this subpart.
    (h) The following provisions apply to gas well facilities that are 
hydraulically refractured.
    (1) A gas well facility that conducts a well completion operation 
following hydraulic refracturing is not an affected facility, provided 
that the requirements of Sec. 60.5375 are met. For purposes of this 
provision, the dates specified in Sec. 60.5375(a) do not apply, and 
such facilities, as of October 15, 2012, must meet the requirements of 
Sec. 60.5375(a)(1) through (4).
    (2) A well completion operation following hydraulic refracturing at 
a gas well facility not conducted pursuant to Sec. 60.5375 is a 
modification to the gas well affected facility.
    (3) Refracturing of a gas well facility does not affect the 
modification status of other equipment, process units, storage vessels, 
compressors, or pneumatic controllers located at the well site.
    (4) A gas well facility initially constructed after August 23, 2011, 
is considered an affected facility regardless of this provision.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58435, Sept. 23, 2013; 
79 FR 79036, Dec. 31, 2014]



Sec. 60.5370  When must I comply with this subpart?

    (a) You must be in compliance with the standards of this subpart no 
later than October 15, 2012 or upon startup, whichever is later.
    (b) The provisions for exemption from compliance during periods of 
startup, shutdown and malfunctions provided for in 40 CFR 60.8(c) do not 
apply to this subpart.
    (c) You are exempt from the obligation to obtain a permit under 40 
CFR part 70 or 40 CFR part 71, provided you are not otherwise required 
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). 
Notwithstanding the previous sentence, you must continue

[[Page 1194]]

to comply with the provisions of this subpart.



Sec. 60.5375  What standards apply to gas well affected facilities?

    If you are the owner or operator of a gas well affected facility, 
you must comply with paragraphs (a) through (f) of this section.
    (a) Except as provided in paragraph (f) of this section, for each 
well completion operation with hydraulic fracturing begun prior to 
January 1, 2015, you must comply with the requirements of paragraphs 
(a)(3) and (4) of this section unless a more stringent state or local 
emission control requirement is applicable; optionally, you may comply 
with the requirements of paragraphs (a)(1) through (4) of this section. 
For each new well completion operation with hydraulic fracturing begun 
on or after January 1, 2015, you must comply with the requirements in 
paragraphs (a)(1) through (4) of this section. You must maintain a log 
as specified in paragraph (b).
    (1) For each stage of the well completion operation, as defined in 
Sec. 60.5430, follow the requirements specified in paragraph (a)(1)(i) 
and (ii) of this section.
    (i) During the initial flowback stage, route the flowback into one 
or more well completion vessels or storage vessels and commence 
operation of a separator unless it is technically infeasible for a 
separator to function. Any gas present in the initial flowback stage is 
not subject to control under this section.
    (ii) During the separation flowback stage, route all recovered 
liquids from the separator to one or more well completion vessels or 
storage vessels, re-inject the liquids into the well or another well or 
route the recovered liquids to a collection system. Route the recovered 
gas from the separator into a gas flow line or collection system, re-
inject the recovered gas into the well or another well, use the 
recovered gas as an on-site fuel source, or use the recovered gas for 
another useful purpose that a purchased fuel or raw material would 
serve. If it is infeasible to route the recovered gas as required above, 
follow the requirements in paragraph (a)(3) of this section. If, at any 
time during the separation flowback stage, it is not technically 
feasible for a separator to function, you must comply with (a)(1)(i) of 
this section.
    (2) All salable quality recovered gas must be routed to the gas flow 
line as soon as practicable. In cases where salable quality gas cannot 
be directed to the flow line, you must follow the requirements in 
paragraph (a)(3) of this section.
    (3) You must capture and direct recovered gas to a completion 
combustion device, except in conditions that may result in a fire hazard 
or explosion, or where high heat emissions from a completion combustion 
device may negatively impact tundra, permafrost or waterways. Completion 
combustion devices must be equipped with a reliable continuous ignition 
source.
    (4) You have a general duty to safely maximize resource recovery and 
minimize releases to the atmosphere during flowback and subsequent 
recovery.
    (b) You must maintain a log for each well completion operation at 
each gas well affected facility. The log must be completed on a daily 
basis for the duration of the well completion operation and must contain 
the records specified in Sec. 60.5420(c)(1)(iii).
    (c) You must demonstrate initial compliance with the standards that 
apply to gas well affected facilities as required by Sec. 60.5410.
    (d) You must demonstrate continuous compliance with the standards 
that apply to gas well affected facilities as required by Sec. 60.5415.
    (e) You must perform the required notification, recordkeeping and 
reporting as required by Sec. 60.5420.
    (f)(1) For each gas well affected facility specified in paragraphs 
(f)(1)(i) and (ii) of this section, you must comply with the 
requirements of paragraphs (f)(2) and (3) of this section.
    (i) Each well completion operation with hydraulic fracturing at a 
wildcat or delineation well.
    (ii) Each well completion operation with hydraulic fracturing at a 
non-wildcat low pressure gas well or non-delineation low pressure gas 
well.
    (2) Route the flowback into one or more well completion vessels and 
commence operation of a separator unless

[[Page 1195]]

it is technically infeasible for a separator to function. Any gas 
present in the flowback before the separator can function is not subject 
to control under this section. You must capture and direct recovered gas 
to a completion combustion device, except in conditions that may result 
in a fire hazard or explosion, or where high heat emissions from a 
completion combustion device may negatively impact tundra, permafrost or 
waterways. Completion combustion devices must be equipped with a 
reliable continuous ignition source. You must also comply with 
paragraphs (a)(4) and (b) through (e) of this section.
    (3) You must maintain records specified in Sec. 60.5420(c)(1)(iii) 
for wildcat, delineation and low pressure gas wells.

[77 FR 49542, Aug. 16, 2012, as amended at 79 FR 79037, Dec. 31, 2014]



Sec. 60.5380  What standards apply to centrifugal compressor affected facilities?

    You must comply with the standards in paragraphs (a) through (d) of 
this section for each centrifugal compressor affected facility.
    (a)(1) You must reduce VOC emissions from each centrifugal 
compressor wet seal fluid degassing system by 95.0 percent or greater.
    (2) If you use a control device to reduce emissions, you must equip 
the wet seal fluid degassing system with a cover that meets the 
requirements of Sec. 60.5411(b), that is connected through a closed 
vent system that meets the requirements of Sec. 60.5411(a) and routed 
to a control device that meets the conditions specified in Sec. 
60.5412(a), (b) and (c). As an alternative to routing the closed vent 
system to a control device, you may route the closed vent system to a 
process.
    (b) You must demonstrate initial compliance with the standards that 
apply to centrifugal compressor affected facilities as required by Sec. 
60.5410(b).
    (c) You must demonstrate continuous compliance with the standards 
that apply to centrifugal compressor affected facilities as required by 
Sec. 60.5415(b).
    (d) You must perform the required notification, recordkeeping, and 
reporting as required by Sec. 60.5420.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58436, Sept. 23, 2013]



Sec. 60.5385  What standards apply to reciprocating compressor affected facilities?

    You must comply with the standards in paragraphs (a) through (d) of 
this section for each reciprocating compressor affected facility.
    (a) You must replace the reciprocating compressor rod packing 
according to either paragraph (a)(1) or (2) of this section or you must 
comply with paragraph (a)(3) of this section.
    (1) Before the compressor has operated for 26,000 hours. The number 
of hours of operation must be continuously monitored beginning upon 
initial startup of your reciprocating compressor affected facility, or 
October 15, 2012, or the date of the most recent reciprocating 
compressor rod packing replacement, whichever is later.
    (2) Prior to 36 months from the date of the most recent rod packing 
replacement, or 36 months from the date of startup for a new 
reciprocating compressor for which the rod packing has not yet been 
replaced.
    (3) Collect the emissions from the rod packing using a rod packing 
emissions collection system which operates under negative pressure and 
route the rod packing emissions to a process through a closed vent 
system that meets the requirements of Sec. 60.5411(a).
    (b) You must demonstrate initial compliance with standards that 
apply to reciprocating compressor affected facilities as required by 
Sec. 60.5410.
    (c) You must demonstrate continuous compliance with standards that 
apply to reciprocating compressor affected facilities as required by 
Sec. 60.5415.
    (d) You must perform the required notification, recordkeeping, and 
reporting as required by Sec. 60.5420.

[77 FR 49542, Aug. 16, 2012, as amended at 79 FR 79037, Dec. 31, 2014]



Sec. 60.5390  What standards apply to pneumatic controller affected facilities?

    For each pneumatic controller affected facility you must comply with

[[Page 1196]]

the VOC standards, based on natural gas as a surrogate for VOC, in 
either paragraph (b)(1) or (c)(1) of this section, as applicable. 
Pneumatic controllers meeting the conditions in paragraph (a) of this 
section are exempt from this requirement.
    (a) The requirements of paragraph (b)(1) or (c)(1) of this section 
are not required if you determine that the use of a pneumatic controller 
affected facility with a bleed rate greater than the applicable standard 
is required based on functional needs, including but not limited to 
response time, safety and positive actuation. However, you must tag such 
pneumatic controller with the month and year of installation, 
reconstruction or modification, and identification information that 
allows traceability to the records for that pneumatic controller, as 
required in Sec. 60.5420(c)(4)(ii).
    (b)(1) Each pneumatic controller affected facility at a natural gas 
processing plant must have a bleed rate of zero.
    (2) Each pneumatic controller affected facility at a natural gas 
processing plant must be tagged with the month and year of installation, 
reconstruction or modification, and identification information that 
allows traceability to the records for that pneumatic controller as 
required in Sec. 60.5420(c)(4)(iv).
    (c)(1) Each pneumatic controller affected facility constructed, 
modified or reconstructed on or after October 15, 2013, at a location 
between the wellhead and a natural gas processing plant or the point of 
custody transfer to an oil pipeline must have a bleed rate less than or 
equal to 6 standard cubic feet per hour.
    (2) Each pneumatic controller affected facility constructed, 
modified or reconstructed on or after October 15, 2013, at a location 
between the wellhead and a natural gas processing plant or the point of 
custody transfer to an oil pipeline must be tagged with the month and 
year of installation, reconstruction or modification, and identification 
information that allows traceability to the records for that controller 
as required in Sec. 60.5420(c)(4)(iii).
    (d) You must demonstrate initial compliance with standards that 
apply to pneumatic controller affected facilities as required by Sec. 
60.5410.
    (e) You must demonstrate continuous compliance with standards that 
apply to pneumatic controller affected facilities as required by Sec. 
60.5415.
    (f) You must perform the required notification, recordkeeping, and 
reporting as required by Sec. 60.5420, except that you are not required 
to submit the notifications specified in Sec. 60.5420(a).

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58436, Sept. 23, 2013; 
79 FR 79038, Dec. 31, 2014]



Sec. 60.5395  What standards apply to storage vessel affected facilities?

    Except as provided in paragraph (h) of this section, you must comply 
with the standards in this section for each storage vessel affected 
facility.
    (a)(1) If you are the owner or operator of a Group 1 storage vessel 
affected facility, you must comply with paragraph (b) of this section.
    (2) If you are the owner or operator of a Group 2 storage vessel 
affected facility, you must comply with paragraph (c) of this section.
    (b) Requirements for Group 1 storage vessel affected facilities. If 
you are the owner or operator of a Group 1 storage vessel affected 
facility, you must comply with paragraphs (b)(1) and (2) of this 
section.
    (1) You must submit a notification identifying each Group 1 storage 
vessel affected facility, including its location, with your initial 
annual report as specified in Sec. 60.5420(b)(6)(iv).
    (2) You must comply with paragraphs (d) through (g) of this section.
    (c) Requirements for Group 2 storage vessel affected facilities. If 
you are the owner or operator of a Group 2 storage vessel affected 
facility, you must comply with paragraphs (d) through (g) of this 
section.
    (d) You must comply with the control requirements of paragraph 
(d)(1) of this section unless you meet the conditions specified in 
paragraph (d)(2) of this section.
    (1) Reduce VOC emissions by 95.0 percent according to the schedule 
specified in (d)(1)(i) and (ii) of this section.

[[Page 1197]]

    (i) For each Group 2 storage vessel affected facility, you must 
achieve the required emissions reductions by April 15, 2014, or within 
60 days after startup, whichever is later, except as otherwise provided 
below in paragraph (f) of this section. For storage vessel affected 
facilities receiving liquids pursuant to the standards for gas well 
affected facilities in Sec. 60.5375, you must achieve the required 
emissions reductions within 60 days after startup of production as 
defined in Sec. 60.5430.
    (ii) For each Group 1 storage vessel affected facility, you must 
achieve the required emissions reductions by April 15, 2015.
    (2) Maintain the uncontrolled actual VOC emissions from the storage 
vessel affected facility at less than 4 tpy without considering control. 
Prior to using the uncontrolled actual VOC emission rate for compliance 
purposes, you must demonstrate that the uncontrolled actual VOC 
emissions have remained less than 4 tpy as determined monthly for 12 
consecutive months. After such demonstration, you must determine the 
uncontrolled actual VOC emission rate each month. The uncontrolled 
actual VOC emissions must be calculated using a generally accepted model 
or calculation methodology. Monthly calculations must be based on the 
average throughput for the month. Monthly calculations must be separated 
by at least 14 days. You must comply with paragraph (d)(1) of this 
section if your storage vessel affected facility meets the conditions 
specified in paragraphs (d)(2)(i) or (ii) of this section.
    (i) If a well feeding the storage vessel affected facility undergoes 
fracturing or refracturing, you must comply with paragraph (d)(1) of 
this section as soon as liquids from the well following fracturing or 
refracturing are routed to the storage vessel affected facility.
    (ii) If the monthly emissions determination required in this section 
indicates that VOC emissions from your storage vessel affected facility 
increase to 4 tpy or greater and the increase is not associated with 
fracturing or refracturing of a well feeding the storage vessel affected 
facility, you must comply with paragraph (d)(1) of this section within 
30 days of the monthly calculation.
    (e) Control requirements. (1) Except as required in paragraph (e)(2) 
of this section, if you use a control device to reduce emissions from 
your storage vessel affected facility, you must equip the storage vessel 
with a cover that meets the requirements of Sec. 60.5411(b) and is 
connected through a closed vent system that meets the requirements of 
Sec. 60.5411(c), and you must route emissions to a control device that 
meets the conditions specified in Sec. 60.5412(c) and (d). As an 
alternative to routing the closed vent system to a control device, you 
may route the closed vent system to a process.
    (2) If you use a floating roof to reduce emissions, you must meet 
the requirements of Sec. 60.112b(a)(1) or (2) and the relevant 
monitoring, inspection, recordkeeping, and reporting requirements in 40 
CFR part 60, subpart Kb.
    (f) Requirements for Group 1 and Group 2 storage vessel affected 
facilities that are removed from service or returned to service. If you 
remove a Group 1 or Group 2 storage vessel affected facility from 
service, you must comply with paragraphs (f)(1) through (3) of this 
section. A Group 1 or Group 2 storage vessel is not an affected facility 
under this subpart for the period that it is removed from service.
    (1) For a storage vessel affected facility to be removed from 
service, you must comply with the requirements of paragraph (f)(1)(i) 
and (ii) of this section.
    (i) You must completely empty and degas the storage vessel, such 
that the storage vessel no longer contains crude oil, condensate, 
produced water or intermediate hydrocarbon liquids. A storage vessel 
where liquid is left on walls, as bottom clingage or in pools due to 
floor irregularity is considered to be completely empty.
    (ii) You must submit a notification as required in Sec. 
60.5420(b)(6)(vi) in your next annual report, identifying each storage 
vessel affected facility removed from service during the reporting 
period and the date of its removal from service.
    (2) If a storage vessel identified in paragraph (f)(1)(ii) of this 
section is returned to service, you must determine

[[Page 1198]]

its affected facility status as provided in Sec. 60.5365(e).
    (3) For each storage vessel affected facility returned to service 
during the reporting period, you must submit a notification in your next 
annual report as required in Sec. 60.5420(b)(6)(vii), identifying each 
storage vessel affected facility and the date of its return to service.
    (g) Compliance, notification, recordkeeping, and reporting. You must 
comply with paragraphs (g)(1) through (3) of this section.
    (1) You must demonstrate initial compliance with standards as 
required by Sec. 60.5410(h) and (i).
    (2) You must demonstrate continuous compliance with standards as 
required by Sec. 60.5415(e)(3).
    (3) You must perform the required notification, recordkeeping and 
reporting as required by Sec. 60.5420.
    (h) Exemptions. This subpart does not apply to storage vessels 
subject to and controlled in accordance with the requirements for 
storage vessels in 40 CFR part 60, subpart Kb, 40 CFR part 63, subparts 
G, CC, HH, or WW.

[78 FR 58436, Sept. 23, 2013, as amended at 79 FR 79038, Dec. 31, 2014]



Sec. 60.5400  What equipment leak standards apply to affected facilities at an onshore natural gas processing plant?

    This section applies to the group of all equipment, except 
compressors, within a process unit.
    (a) You must comply with the requirements of Sec. Sec. 60.482-
1a(a), (b), and (d), 60.482-2a, and 60.482-4a through 60.482-11a, except 
as provided in Sec. 60.5401.
    (b) You may elect to comply with the requirements of Sec. Sec. 
60.483-1a and 60.483-2a, as an alternative.
    (c) You 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 according to the requirements of Sec. 60.5402 
of this subpart.
    (d) You must comply with the provisions of Sec. 60.485a of this 
part except as provided in paragraph (f) of this section.
    (e) You must comply with the provisions of Sec. Sec. 60.486a and 
60.487a of this part except as provided in Sec. Sec. 60.5401, 60.5421, 
and 60.5422 of this part.
    (f) You must use the following provision instead of Sec. 
60.485a(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 E169-93, E168-92, or E260-96 
(incorporated by reference as specified in Sec. 60.17) must be used.



Sec. 60.5401  What are the exceptions to the equipment leak standards for affected facilities at onshore natural gas processing plants?

    (a) You may comply with the following exceptions to the provisions 
of Sec. 60.5400(a) and (b).
    (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. 60.485a(b) except as 
provided in Sec. 60.5400(c) and in paragraph (b)(4) of this section, 
and Sec. 60.482-4a(a) through (c) of subpart VVa.
    (2) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (3)(i) When a leak is detected, it must be repaired as soon as 
practicable, but no later than 15 calendar days after it is detected, 
except as provided in Sec. 60.482-9a.
    (ii) A first attempt at repair must 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 non-plant personnel may 
be monitored after a

[[Page 1199]]

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. 60.482-4a(b)(1) of subpart VVa.
    (ii) No pressure relief device described in paragraph (b)(4)(i) of 
this section must 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. 60.482-5a.
    (d) Pumps in light liquid service, valves in gas/vapor and light 
liquid service, pressure relief devices in gas/vapor service, and 
connectors in gas/vapor service and in light liquid 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. 60.482-2a(a)(1), 
60.482-7a(a), 60.482-11a(a), and paragraph (b)(1) of this section.
    (e) Pumps in light liquid service, valves in gas/vapor and light 
liquid service, pressure relief devices in gas/vapor service, and 
connectors in gas/vapor service and in light liquid service within a 
process unit that is located in the Alaskan North Slope are exempt from 
the routine monitoring requirements of Sec. Sec. 60.482-2a(a)(1), 
60.482-7a(a), 60.482-11a(a), and paragraph (b)(1) of this section.
    (f) An owner or operator may use the following provisions instead of 
Sec. 60.485a(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 D86-96 (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 D86-96 (incorporated by reference as specified 
in Sec. 60.17).
    (g) An owner or operator may use the following provisions instead of 
Sec. 60.485a(b)(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)(8). Divide these readings by the initial calibration values 
for each scale 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 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.

[77 FR 49542, Aug. 16, 2012, as amended at 79 FR 79038, Dec. 31, 2014]



Sec. 60.5402  What are the alternative emission limitations for equipment leaks from onshore natural gas processing plants?

    (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 must be published 
only after notice and an opportunity for a public hearing.

[[Page 1200]]

    (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 the 
Administrator 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, the applicant 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. 60.5405  What standards apply to sweetening units at onshore natural gas processing plants?

    (a) During the initial performance test required by Sec. 60.8(b), 
you must achieve at a minimum, an SO2 emission reduction 
efficiency (Zi) to be determined from Table 1 of this subpart 
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, you must achieve at a minimum, an SO2 
emission reduction efficiency (Zc) to be determined from 
Table 2 of this subpart based on the sulfur feed rate (X) and the sulfur 
content of the acid gas (Y) of the affected facility.



Sec. 60.5406  What test methods and procedures must I use for my sweetening units affected facilities at onshore natural gas processing plants?

    (a) In conducting the performance tests required in Sec. 60.8, you 
must use 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, you must 
determine the minimum required reduction efficiencies (Z) of 
SO2 emissions as required in Sec. 60.5405(a) and (b) as 
follows:
    (1) The average sulfur feed rate (X) must be computed as follows:
    [GRAPHIC] [TIFF OMITTED] TR16AU12.000
    
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 10-3Mg/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) You must use the continuous readings from the process flowmeter 
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) You must use the Tutwiler procedure in Sec. 60.5408 or a 
chromatographic procedure following ASTM E260-96 (incorporated by 
reference as specified in Sec. 60.17) to determine the H2S 
concentration in the acid gas feed from the sweetening unit (Y). At 
least one sample per hour (at equally spaced intervals) must be taken 
during each 4-hour run. The arithmetic mean of all samples must 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 (b)(3) of this 
section, Tables 1 and 2 of this subpart must be used to determine the 
required initial (Zi) and continuous (Zc) 
reduction efficiencies of SO2 emissions.

[[Page 1201]]

    (c) You must determine compliance with the SO2 standards 
in Sec. 60.5405(a) or (b) as follows:
    (1) You must compute the emission reduction efficiency (R) achieved 
by the sulfur recovery technology for each run using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR16AU12.001

    (2) You must use the level indicators or manual soundings to measure 
the liquid sulfur accumulation rate in the product storage vessels. You 
must use readings taken at the beginning and end of each run, the tank 
geometry, sulfur density at the storage temperature, and sample duration 
to determine the sulfur production rate (S) in kg/hr (lb/hr) for each 
run.
    (3) You must compute the emission rate of sulfur for each run as 
follows:
[GRAPHIC] [TIFF OMITTED] TR16AU12.002

Where:
E = emission rate of sulfur per run, kg/hr.
Ce = concentration of sulfur equivalent (SO\2+\ 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 must 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, you must use a 
sampling time of at least 4 hours. You must use Method 1 of appendix A 
to part 60 of this chapter to select the sampling site. The sampling 
point in the duct must 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) You must use Method 6 of appendix A to part 60 of this chapter 
to determine the SO2 concentration. You must take eight 
samples of 20 minutes each at 30-minute intervals. The arithmetic 
average must be the concentration for the run. The concentration must be 
multiplied by 0.5 x 10-3 to convert the results to sulfur 
equivalent.
    (ii) You must use Method 15 of appendix A to part 60 of this chapter 
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 must be at least 3 liters/min (0.1 ft\3\/min) 
to insure minimum residence time in the sample line. You must take 
sixteen samples at 15-minute intervals. The arithmetic average of all 
the samples must be the concentration for the run. The concentration in 
ppm reduced sulfur as sulfur must be multiplied by 1.333 x 
10-3 to convert the results to sulfur equivalent.
    (iii) You must use Method 16A or Method 15 of appendix A to part 60 
of this chapter or ANSI/ASME PTC 19.10-1981, Part 10 (manual portion 
only) (incorporated by reference as specified in Sec. 60.17) 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. You must take eight samples of 20 minutes each at 30-
minute intervals. The arithmetic average must be the concentration for 
the

[[Page 1202]]

run. The concentration in ppm reduced sulfur as sulfur must be 
multiplied by 1.333 x 10-3 to convert the results to sulfur 
equivalent.
    (iv) You must use Method 2 of appendix A to part 60 of this chapter 
to determine the volumetric flow rate of the effluent gas. A velocity 
traverse must be conducted at the beginning and end of each run. The 
arithmetic average of the two measurements must 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, you must take two samples of at least 0.10 dscm (3.5 dscf) and 
10 minutes at the beginning of the 4-hour run and near the end of the 
time period. The arithmetic average of the two runs must be the moisture 
content for the run.



Sec. 60.5407  What are the requirements for monitoring of emissions and operations from my sweetening unit affected facilities at onshore natural gas 
          processing plants?

    (a) If your sweetening unit affected facility is located at an 
onshore natural gas processing plant and is subject to the provisions of 
Sec. 60.5405(a) or (b) you must 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 vessels 
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 
must 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 must be 
collected and analyzed using the equation specified in Sec. 
60.5406(b)(1). The Administrator may require you 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 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. You 
must install and operate a monitoring device to continuously measure the 
flow rate of acid gas. The monitoring device reading must be recorded at 
least once per hour during each 24-hour period. The average acid gas 
flow rate must be computed from the individual readings.
    (4) The sulfur feed rate (X). For each 24-hour period, you must 
compute X using the equation specified in Sec. 60.5406(b)(1).
    (5) The required sulfur dioxide emission reduction efficiency for 
the 24-hour period. You must use the sulfur feed rate and the 
H2S concentration in the acid gas for the 24-hour period, as 
applicable, to determine the required reduction efficiency in accordance 
with the provisions of Sec. 60.5405(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, you must 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 must be expressed in terms of equivalent 
sulfur mass flow rates (kg/hr (lb/hr)). The span of this monitoring 
system must be set so that the equivalent emission limit of Sec. 
60.5405(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

[[Page 1203]]

Sec. 60.5405(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 must be certified by the 
manufacturer to be accurate to within 1 percent of 
the temperature being measured.
    (3) When performance tests are conducted under the provision of 
Sec. 60.8 to demonstrate compliance with the standards under Sec. 
60.5405, the temperature of the gas leaving the incinerator combustion 
zone must 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 
equal to or less than 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, you must 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. You may 
request that the minimum incinerator temperature be reestablished by 
conducting new performance tests under Sec. 60.8.
    (4) Upon promulgation of a performance specification of continuous 
monitoring systems for total reduced sulfur compounds at sulfur recovery 
plants, you 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 must 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, you must 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 rate must be 
expressed in terms of equivalent sulfur mass flow rates (kg/hr (lb/hr)). 
The span of this monitoring system must be set so that the equivalent 
emission limit of Sec. 60.5405(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, you must calculate the average sulfur emission 
reduction efficiency achieved (R) for each 24-hour clock interval. The 
24-hour interval may begin and end at any selected clock time, but must 
be consistent. You must compute the 24-hour average reduction efficiency 
(R) based on the 24-hour average sulfur production rate (S) and sulfur 
emission rate (E), using the equation in Sec. 60.5406(c)(1).
    (1) You must use data obtained from the sulfur production rate 
monitoring device specified in paragraph (a) of this section to 
determine S.
    (2) You must use data obtained from the sulfur emission rate 
monitoring systems specified in paragraphs (b) or (c) of this section 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. You must use at least two data points to 
calculate each 1-hour average. You must use a minimum of 18 1-hour 
averages to compute each 24-hour average.
    (e) In lieu of complying with paragraphs (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:

[[Page 1204]]

[GRAPHIC] [TIFF OMITTED] TR16AU12.003

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 must 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 must 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 of appendix B to part 60 of this chapter must apply, and 
Method 6 must be used for systems required by paragraph (b) of this 
section.



Sec. 60.5408  What is an optional procedure for measuring hydrogen sulfide in acid gas--Tutwiler Procedure?

    The Tutwiler procedure may be found in the 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 of this subpart) 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

[[Page 1205]]

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)
    (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.

[[Page 1206]]

[GRAPHIC] [TIFF OMITTED] TR16AU12.004


[[Page 1207]]





Sec. 60.5410  How do I demonstrate initial compliance with the standards for my gas well affected facility, my centrifugal compressor affected facility, my 
          reciprocating compressor affected facility, my pneumatic 
          controller affected facility, my storage vessel affected 
          facility, and my equipment leaks and sweetening unit affected 
          facilities at onshore natural gas processing plants?

    You must determine initial compliance with the standards for each 
affected facility using the requirements in paragraphs (a) through (i) 
of this section. The initial compliance period begins on October 15, 
2012, or upon initial startup, whichever is later, and ends no later 
than one year after the initial startup date for your affected facility 
or no later than one year after October 15, 2012. The initial compliance 
period may be less than one full year.
    (a) To achieve initial compliance with the standards for each well 
completion operation conducted at your gas well affected facility you 
must comply with paragraphs (a)(1) through (a)(4) of this section.
    (1) You must submit the notification required in Sec. 
60.5420(a)(2).
    (2) You must submit the initial annual report for your well affected 
facility as required in Sec. 60.5420(b).
    (3) You must maintain a log of records as specified in Sec. 
60.5420(c)(1)(i) through (iv) for each well completion operation 
conducted during the initial compliance period.
    (4) For each gas well affected facility subject to both Sec. 
60.5375(a)(1) and (3), as an alternative to retaining the records 
specified in Sec. 60.5420(c)(1)(i) through (iv), you may maintain 
records of one or more digital photographs with the date the photograph 
was taken and the latitude and longitude of the well site imbedded 
within or stored with the digital file showing the equipment for storing 
or re-injecting recovered liquid, equipment for routing recovered gas to 
the gas flow line and the completion combustion device (if applicable) 
connected to and operating at each gas well completion operation that 
occurred during the initial compliance period. As an alternative to 
imbedded latitude and longitude within the digital photograph, the 
digital photograph may consist of a photograph of the equipment 
connected and operating at each well completion operation with a 
photograph of a separately operating GIS device within the same digital 
picture, provided the latitude and longitude output of the GIS unit can 
be clearly read in the digital photograph.
    (b)(1) To achieve initial compliance with standards for your 
centrifugal compressor affected facility you must reduce VOC emissions 
from each centrifugal compressor wet seal fluid degassing system by 95.0 
percent or greater as required by Sec. 60.5380 and as demonstrated by 
the requirements of Sec. 60.5413.
    (2) If you use a control device to reduce emissions, you must equip 
the wet seal fluid degassing system with a cover that meets the 
requirements of Sec. 60.5411(b) that is connected through a closed vent 
system that meets the requirements of Sec. 60.5411(a) and is routed to 
a control device that meets the conditions specified in Sec. 
60.5412(a), (b) and (c). As an alternative to routing the closed vent 
system to a control device, you may route the closed vent system to a 
process.
    (3) You must conduct an initial performance test as required in 
Sec. 60.5413 within 180 days after initial startup or by October 15, 
2012, whichever is later, and you must comply with the continuous 
compliance requirements in Sec. 60.5415(b)(1) through (3).
    (4) You must conduct the initial inspections required in Sec. 
60.5416(a) and (b).
    (5) You must install and operate the continuous parameter monitoring 
systems in accordance with Sec. 60.5417(a) through (g), as applicable.
    (6) You must submit the notifications required in Sec. 60.7(a)(1), 
(3), and (4).
    (7) You must submit the initial annual report for your centrifugal 
compressor affected facility as required in Sec. 60.5420(b)(3) for each 
centrifugal compressor affected facility.
    (8) You must maintain the records as specified in Sec. 
60.5420(c)(2).
    (c) To achieve initial compliance with the standards for each 
reciprocating compressor affected facility you must comply with 
paragraphs (c)(1) through (4) of this section.

[[Page 1208]]

    (1) If complying with Sec. 60.5385(a)(1) or (2), during the initial 
compliance period, you must continuously monitor the number of hours of 
operation or track the number of months since the last rod packing 
replacement.
    (2) If complying with Sec. 60.5385(a)(3), you must operate the rod 
packing emissions collection system under negative pressure and route 
emissions to a process through a closed vent system that meets the 
requirements of Sec. 60.5411(a).
    (3) You must submit the initial annual report for your reciprocating 
compressor as required in Sec. 60.5420(b).
    (4) You must maintain the records as specified in Sec. 
60.5420(c)(3) for each reciprocating compressor affected facility.
    (d) To achieve initial compliance with emission standards for your 
pneumatic controller affected facility you must comply with the 
requirements specified in paragraphs (d)(1) through (6) of this section, 
as applicable.
    (1) You must demonstrate initial compliance by maintaining records 
as specified in Sec. 60.5420(c)(4)(ii) of your determination that the 
use of a pneumatic controller affected facility with a bleed rate 
greater than 6 standard cubic feet of gas per hour is required as 
specified in Sec. 60.5390(a).
    (2) You own or operate a pneumatic controller affected facility 
located at a natural gas processing plant and your pneumatic controller 
is driven by a gas other than natural gas and therefore emits zero 
natural gas.
    (3) You own or operate a pneumatic controller affected facility 
located between the wellhead and a natural gas processing plant and the 
manufacturer's design specifications indicate that the controller emits 
less than or equal to 6 standard cubic feet of gas per hour.
    (4) You must tag each new pneumatic controller affected facility 
according to the requirements of Sec. 60.5390(b)(2) or (c)(2).
    (5) You must include the information in paragraph (d)(1) of this 
section and a listing of the pneumatic controller affected facilities 
specified in paragraphs (d)(2) and (3) of this section in the initial 
annual report submitted for your pneumatic controller affected 
facilities constructed, modified or reconstructed during the period 
covered by the annual report according to the requirements of Sec. 
60.5420(b).
    (6) You must maintain the records as specified in Sec. 
60.5420(c)(4) for each pneumatic controller affected facility.
    (e) [Reserved]
    (f) For affected facilities at onshore natural gas processing 
plants, initial compliance with the VOC requirements is demonstrated if 
you are in compliance with the requirements of Sec. 60.5400.
    (g) For sweetening unit affected facilities at onshore natural gas 
processing plants, initial compliance is demonstrated according to 
paragraphs (g)(1) through (3) of this section.
    (1) To determine compliance with the standards for SO2 
specified in Sec. 60.5405(a), during the initial performance test as 
required by Sec. 60.8, the minimum required sulfur dioxide emission 
reduction efficiency (Zi) is compared to the emission 
reduction efficiency (R) achieved by the sulfur recovery technology as 
specified in paragraphs (g)(1)(i) and (ii) of this section.
    (i) If R Zi, your affected facility is in compliance.
    (ii) If R Zi, your affected facility is not in 
compliance.
    (2) The emission reduction efficiency (R) achieved by the sulfur 
reduction technology must be determined using the procedures in Sec. 
60.5406(c)(1).
    (3) You have submitted the results of paragraphs (g)(1) and (2) of 
this section in the initial annual report submitted for your sweetening 
unit affected facilities at onshore natural gas processing plants.
    (h) For each storage vessel affected facility, you must comply with 
paragraphs (h)(1) through (5) of this section. For a Group 1 storage 
vessel affected facility, you must demonstrate initial compliance by 
April 15, 2015, except as otherwise provided in paragraph (i) of this 
section. For a Group 2 storage vessel affected facility, you must 
demonstrate initial compliance by April 15, 2014, or within 60 days 
after startup, whichever is later.
    (1) You must determine the potential VOC emission rate as specified 
in Sec. 60.5365(e).
    (2) You must reduce VOC emissions in accordance with Sec. 
60.5395(d).

[[Page 1209]]

    (3) If you use a control device to reduce emissions, or if you route 
emissions to a process, you must demonstrate initial compliance by 
meeting the requirements in Sec. 60.5395(e).
    (4) You must submit the information required for your storage vessel 
affected facility as specified in Sec. 60.5420(b).
    (5) You must maintain the records required for your storage vessel 
affected facility, as specified in Sec. 60.5420(c)(5) through (8) and 
Sec. 60.5420(c)(12) and (13) for each storage vessel affected facility.
    (i) For each Group 1 storage vessel affected facility, you must 
submit the notification specified in Sec. 60.5395(b)(2) with the 
initial annual report specified in Sec. 60.5420(b)(6).

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58437, Sept. 23, 2013; 
79 FR 79038, Dec. 31, 2014]



Sec. 60.5411  What additional requirements must I meet to determine initial compliance for my covers and closed vent systems routing materials from storage 
          vessels, reciprocating compressors and centrifugal compressor 
          wet seal degassing systems?

    You must meet the applicable requirements of this section for each 
cover and closed vent system used to comply with the emission standards 
for your storage vessel, reciprocating compressor or centrifugal 
compressor affected facility.
    (a) Closed vent system requirements for reciprocating compressors 
and for centrifugal compressor wet seal degassing systems. (1) You must 
design the closed vent system to route all gases, vapors, and fumes 
emitted from the material in the reciprocating compressor rod packing 
emissions collection system or the wet seal fluid degassing system to a 
control device or to a process that meets the requirements specified in 
Sec. 60.5412(a) through (c).
    (2) You must design and operate the closed vent system with no 
detectable emissions as demonstrated by Sec. 60.5416(b).
    (3) You must meet the requirements specified in paragraphs (a)(3)(i) 
and (ii) of this section if the closed vent system contains one or more 
bypass devices that could be used to divert all or a portion of the 
gases, vapors, or fumes from entering the control device.
    (i) Except as provided in paragraph (a)(3)(ii) of this section, you 
must comply with either paragraph (a)(3)(i)(A) or (B) of this section 
for each bypass device.
    (A) You must properly install, calibrate, maintain, and operate a 
flow indicator at the inlet to the bypass device that could divert the 
stream away from the control device or process to the atmosphere that is 
capable of taking periodic readings as specified in Sec. 60.5416(a)(4) 
and sounds an alarm when the bypass device is open such that the stream 
is being, or could be, diverted away from the control device or process 
to the atmosphere.
    (B) You must secure the bypass device valve installed at the inlet 
to the bypass device in the non-diverting position using a car-seal or a 
lock-and-key type configuration.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (a)(3)(i) of this section.
    (b) Cover requirements for storage vessels and centrifugal 
compressor wet seal degassing systems. (1) The cover and all openings on 
the cover (e.g., access hatches, sampling ports, pressure relief valves 
and gauge wells) shall form a continuous impermeable barrier over the 
entire surface area of the liquid in the storage vessel or wet seal 
fluid degassing system.
    (2) Each cover opening shall be secured in a closed, sealed position 
(e.g., covered by a gasketed lid or cap) whenever material is in the 
unit on which the cover is installed except during those times when it 
is necessary to use an opening as follows:
    (i) To add material to, or remove material from the unit (this 
includes openings necessary to equalize or balance the internal pressure 
of the unit following changes in the level of the material in the unit);
    (ii) To inspect or sample the material in the unit;
    (iii) To inspect, maintain, repair, or replace equipment located 
inside the unit; or
    (iv) To vent liquids, gases, or fumes from the unit through a 
closed-vent

[[Page 1210]]

system designed and operated in accordance with the requirements of 
paragraph (a) or (c) of this section to a control device or to a 
process.
    (3) Each storage vessel thief hatch shall be equipped, maintained 
and operated with a weighted mechanism or equivalent, to ensure that the 
lid remains properly seated. You must select gasket material for the 
hatch based on composition of the fluid in the storage vessel and 
weather conditions.
    (c) Closed vent system requirements for storage vessel affected 
facilities using a control device or routing emissions to a process. (1) 
You must design the closed vent system to route all gases, vapors, and 
fumes emitted from the material in the storage vessel to a control 
device that meets the requirements specified in Sec. 60.5412(c) and 
(d), or to a process.
    (2) You must design and operate a closed vent system with no 
detectable emissions, as determined using olfactory, visual and auditory 
inspections. Each closed vent system that routes emissions to a process 
must be operational 95 percent of the year or greater.
    (3) You must meet the requirements specified in paragraphs (c)(3)(i) 
and (ii) of this section if the closed vent system contains one or more 
bypass devices that could be used to divert all or a portion of the 
gases, vapors, or fumes from entering the control device or to a 
process.
    (i) Except as provided in paragraph (c)(3)(ii) of this section, you 
must comply with either paragraph (c)(3)(i)(A) or (B) of this section 
for each bypass device.
    (A) You must properly install, calibrate, maintain, and operate a 
flow indicator at the inlet to the bypass device that could divert the 
stream away from the control device or process to the atmosphere that 
sounds an alarm, or, initiates notification via remote alarm to the 
nearest field office, when the bypass device is open such that the 
stream is being, or could be, diverted away from the control device or 
process to the atmosphere.
    (B) You must secure the bypass device valve installed at the inlet 
to the bypass device in the non-diverting position using a car-seal or a 
lock-and-key type configuration.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (c)(3)(i) of this section.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58438, Sept. 23, 2013; 
79 FR 79038, Dec. 31, 2014]



Sec. 60.5412  What additional requirements must I meet for determining initial compliance with control devices used to comply with the emission standards for 
          my storage vessel or centrifugal compressor affected facility?

    You must meet the applicable requirements of this section for each 
control device used to comply with the emission standards for your 
storage vessel or centrifugal compressor affected facility.
    (a) Each control device used to meet the emission reduction standard 
in Sec. 60.5380(a)(1) for your centrifugal compressor affected facility 
must be installed according to paragraphs (a)(1) through (3) of this 
section. As an alternative, you may install a control device model 
tested under Sec. 60.5413(d), which meets the criteria in Sec. 
60.5413(d)(11) and Sec. 60.5413(e).
    (1) Each combustion device (e.g., thermal vapor incinerator, 
catalytic vapor incinerator, boiler, or process heater) must be designed 
and operated in accordance with one of the performance requirements 
specified in paragraphs (a)(1)(i) through (iv) of this section.
    (i) You must reduce the mass content of VOC in the gases vented to 
the device by 95.0 percent by weight or greater as determined in 
accordance with the requirements of Sec. 60.5413.
    (ii) You must reduce the concentration of TOC in the exhaust gases 
at the outlet to the device to a level equal to or less than 20 parts 
per million by volume on a dry basis corrected to 3 percent oxygen as 
determined in accordance with the requirements of Sec. 60.5413.
    (iii) You must operate at a minimum temperature of 760 [deg]C for a 
control device that can demonstrate a uniform combustion zone 
temperature during the performance test conducted under Sec. 60.5413.

[[Page 1211]]

    (iv) If a boiler or process heater is used as the control device, 
then you must introduce the vent stream into the flame zone of the 
boiler or process heater.
    (2) Each vapor recovery device (e.g., carbon adsorption system or 
condenser) or other non-destructive control device must be designed and 
operated to reduce the mass content of VOC in the gases vented to the 
device by 95.0 percent by weight or greater as determined in accordance 
with the requirements of Sec. 60.5413. As an alternative to the 
performance testing requirements, you may demonstrate initial compliance 
by conducting a design analysis for vapor recovery devices according to 
the requirements of Sec. 60.5413(c).
    (3) You must design and operate a flare in accordance with the 
requirements of Sec. 60.5413.
    (b) You must operate each control device installed on your 
centrifugal compressor affected facility in accordance with the 
requirements specified in paragraphs (b)(1) and (2) of this section.
    (1) You must operate each control device used to comply with this 
subpart at all times when gases, vapors, and fumes are vented from the 
wet seal fluid degassing system affected facility, as required under 
Sec. 60.5380(a), through the closed vent system to the control device. 
You may vent more than one affected facility to a control device used to 
comply with this subpart.
    (2) For each control device monitored in accordance with the 
requirements of Sec. 60.5417(a) through (g), you must demonstrate 
compliance according to the requirements of Sec. 60.5415(b)(2), as 
applicable.
    (c) For each carbon adsorption system used as a control device to 
meet the requirements of paragraph (a)(2) or (d)(2) of this section, you 
must manage the carbon in accordance with the requirements specified in 
paragraphs (c)(1) or (2) of this section.
    (1) Following the initial startup of the control device, you must 
replace all carbon in the control device with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established according to Sec. 60.5413(c)(2) or (3) or according to 
the design required in paragraph (d)(2) of this section, for the carbon 
adsorption system. You must maintain records identifying the schedule 
for replacement and records of each carbon replacement as required in 
Sec. 60.5420(c)(10) and (12).
    (2) You must either regenerate, reactivate, or burn the spent carbon 
removed from the carbon adsorption system in one of the units specified 
in paragraphs (c)(2)(i) through (vii) of this section.
    (i) Regenerate or reactivate the spent carbon in a thermal treatment 
unit for which you have been issued a final permit under 40 CFR part 270 
that implements the requirements of 40 CFR part 264, subpart X.
    (ii) Regenerate or reactivate the spent carbon in a thermal 
treatment unit equipped with and operating air emission controls in 
accordance with this section.
    (iii) Regenerate or reactivate the spent carbon in a thermal 
treatment unit equipped with and operating organic air emission controls 
in accordance with an emissions standard for VOC under another subpart 
in 40 CFR part 60 or this part.
    (iv) Burn the spent carbon in a hazardous waste incinerator for 
which the owner or operator has been issued a final permit under 40 CFR 
part 270 that implements the requirements of 40 CFR part 264, subpart O.
    (v) Burn the spent carbon in a hazardous waste incinerator which you 
have designed and operated in accordance with the requirements of 40 CFR 
part 265, subpart O.
    (vi) Burn the spent carbon in a boiler or industrial furnace for 
which you have been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (vii) Burn the spent carbon in a boiler or industrial furnace that 
you have designed and operated in accordance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (d) Each control device used to meet the emission reduction standard 
in Sec. 60.5395(d) for your storage vessel affected facility must be 
installed according to paragraphs (d)(1) through (3)

[[Page 1212]]

of this section, as applicable. As an alternative to paragraph (d)(1) of 
this section, you may install a control device model tested under Sec. 
60.5413(d), which meets the criteria in Sec. 60.5413(d)(11) and Sec. 
60.5413(e).
    (1) Each enclosed combustion device (e.g., thermal vapor 
incinerator, catalytic vapor incinerator, boiler, or process heater) 
must be designed to reduce the mass content of VOC emissions by 95.0 
percent or greater. You must follow the requirements in paragraphs 
(d)(1)(i) through (iii) of this section.
    (i) Ensure that each enclosed combustion device is maintained in a 
leak free condition.
    (ii) Install and operate a continuous burning pilot flame.
    (iii) Operate the enclosed combustion device with no visible 
emissions, except for periods not to exceed a total of one minute during 
any 15 minute period. A visible emissions test using section 11 of EPA 
Method 22, 40 CFR part 60, appendix A, must be performed at least once 
every calendar month, separated by at least 15 days between each test. 
The observation period shall be 15 minutes. Devices failing the visible 
emissions test must follow manufacturer's repair instructions, if 
available, or best combustion engineering practice as outlined in the 
unit inspection and maintenance plan, to return the unit to compliant 
operation. All inspection, repair and maintenance activities for each 
unit must be recorded in a maintenance and repair log and must be 
available for inspection. Following return to operation from maintenance 
or repair activity, each device must pass a Method 22, 40 CFR part 60, 
appendix A, visual observation as described in this paragraph.
    (2) Each vapor recovery device (e.g., carbon adsorption system or 
condenser) or other non-destructive control device must be designed and 
operated to reduce the mass content of VOC in the gases vented to the 
device by 95.0 percent by weight or greater. A carbon replacement 
schedule must be included in the design of the carbon adsorption system.
    (3) You must operate each control device used to comply with this 
subpart at all times when gases, vapors, and fumes are vented from the 
storage vessel affected facility through the closed vent system to the 
control device. You may vent more than one affected facility to a 
control device used to comply with this subpart.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58438, Sept. 23, 2013; 
79 FR 79039, Dec. 31, 2014]



Sec. 60.5413  What are the performance testing procedures for control devices used to demonstrate compliance at my storage vessel or centrifugal compressor 
          affected facility?

    This section applies to the performance testing of control devices 
used to demonstrate compliance with the emissions standards for your 
centrifugal compressor affected facility. You must demonstrate that a 
control device achieves the performance requirements of Sec. 60.5412(a) 
using the performance test methods and procedures specified in this 
section. For condensers, you may use a design analysis as specified in 
paragraph (c) of this section in lieu of complying with paragraph (b) of 
this section. In addition, this section contains the requirements for 
enclosed combustion device performance tests conducted by the 
manufacturer applicable to both storage vessel and centrifugal 
compressor affected facilities.
    (a) Performance test exemptions. You are exempt from the 
requirements to conduct performance tests and design analyses if you use 
any of the control devices described in paragraphs (a)(1) through (7) of 
this section.
    (1) A flare that is designed and operated in accordance with Sec. 
60.18(b). You must conduct the compliance determination using Method 22 
at 40 CFR part 60, appendix A-7, to determine visible emissions.
    (2) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (3) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (4) A boiler or process heater burning hazardous waste for which you 
have either been issued a final permit under 40 CFR part 270 and comply 
with the requirements of 40 CFR part 266, subpart H; or you have 
certified compliance

[[Page 1213]]

with the interim status requirements of 40 CFR part 266, subpart H.
    (5) A hazardous waste incinerator for which you have been issued a 
final permit under 40 CFR part 270 and comply with the requirements of 
40 CFR part 264, subpart O; or you have certified compliance with the 
interim status requirements of 40 CFR part 265, subpart O.
    (6) A performance test is waived in accordance with Sec. 60.8(b).
    (7) A control device whose model can be demonstrated to meet the 
performance requirements of Sec. 60.5412(a) through a performance test 
conducted by the manufacturer, as specified in paragraph (d) of this 
section.
    (b) Test methods and procedures. You must use the test methods and 
procedures specified in paragraphs (b)(1) through (5) of this section, 
as applicable, for each performance test conducted to demonstrate that a 
control device meets the requirements of Sec. 60.5412(a). You must 
conduct the initial and periodic performance tests according to the 
schedule specified in paragraph (b)(5) of this section.
    (1) You must use Method 1 or 1A at 40 CFR part 60, appendix A-1, as 
appropriate, to select the sampling sites specified in paragraphs 
(b)(1)(i) and (ii) of this section. Any references to particulate 
mentioned in Methods 1 and 1A do not apply to this section.
    (i) Sampling sites must be located at the inlet of the first control 
device, and at the outlet of the final control device, to determine 
compliance with the control device percent reduction requirement 
specified in Sec. 60.5412(a)(1)(i) or (a)(2).
    (ii) The sampling site must be located at the outlet of the 
combustion device to determine compliance with the enclosed combustion 
device total TOC concentration limit specified in Sec. 
60.5412(a)(1)(ii).
    (2) You must determine the gas volumetric flowrate using Method 2, 
2A, 2C, or 2D at 40 CFR part 60, appendix A-2, as appropriate.
    (3) To determine compliance with the control device percent 
reduction performance requirement in Sec. 60.5412(a)(1)(i) or (a)(2), 
you must use Method 25A at 40 CFR part 60, appendix A-7. You must use 
the procedures in paragraphs (b)(3)(i) through (iv) of this section to 
calculate percent reduction efficiency.
    (i) For each run, you must take either an integrated sample or a 
minimum of four grab samples per hour. If grab sampling is used, then 
the samples must be taken at approximately equal intervals in time, such 
as 15-minute intervals during the run.
    (ii) You must compute the mass rate of TOC (minus methane and 
ethane) using the equations and procedures specified in paragraphs 
(b)(3)(ii)(A) and (B) of this section.
    (A) You must use the following equations:
    [GRAPHIC] [TIFF OMITTED] TR16AU12.005
    
Where:

Ei, Eo = Mass rate of TOC (minus methane and 
          ethane) at the inlet and outlet of the control device, 
          respectively, dry basis, kilogram per hour.
K2 = Constant, 2.494 x 10-6 (parts per million) 
          (gram-mole per standard cubic meter)

[[Page 1214]]

          (kilogram/gram) (minute/hour), where standard temperature 
          (gram-mole per standard cubic meter) is 20 [deg]C.
Cij, Coj = Concentration of sample component j of 
          the gas stream at the inlet and outlet of the control device, 
          respectively, dry basis, parts per million by volume.
Mij, Moj = Molecular weight of sample component j 
          of the gas stream at the inlet and outlet of the control 
          device, respectively, gram/gram-mole.
Qi, Qo = Flowrate of gas stream at the inlet and 
          outlet of the control device, respectively, dry standard cubic 
          meter per minute.
n = Number of components in sample.

    (B) When calculating the TOC mass rate, you must sum all organic 
compounds (minus methane and ethane) measured by Method 25A at 40 CFR 
part 60, appendix A-7 using the equations in paragraph (b)(3)(ii)(A) of 
this section.
    (iii) You must calculate the percent reduction in TOC (minus methane 
and ethane) as follows:
[GRAPHIC] [TIFF OMITTED] TR16AU12.006

Where:

Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) at the inlet 
          to the control device as calculated under paragraph (b)(3)(ii) 
          of this section, kilograms TOC per hour or kilograms HAP per 
          hour.
Eo = Mass rate of TOC (minus methane and ethane) at the 
          outlet of the control device, as calculated under paragraph 
          (b)(3)(ii) of this section, kilograms TOC per hour per hour.

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the combustion 
air or as a secondary fuel, you must determine the weight-percent 
reduction of total TOC (minus methane and ethane) across the device by 
comparing the TOC (minus methane and ethane) in all combusted vent 
streams and primary and secondary fuels with the TOC (minus methane and 
ethane) exiting the device, respectively.
    (4) You must use Method 25A at 40 CFR part 60, appendix A-7 to 
measure TOC (minus methane and ethane) to determine compliance with the 
enclosed combustion device total VOC concentration limit specified in 
Sec. 60.5412(a)(1)(ii). You must calculate parts per million by volume 
concentration and correct to 3 percent oxygen, using the procedures in 
paragraphs (b)(4)(i) through (iii) of this section.
    (i) For each run, you must take either an integrated sample or a 
minimum of four grab samples per hour. If grab sampling is used, then 
the samples must be taken at approximately equal intervals in time, such 
as 15-minute intervals during the run.
    (ii) You must calculate the TOC concentration for each run as 
follows:
[GRAPHIC] [TIFF OMITTED] TR16AU12.007


Where:
CTOC = Concentration of total organic compounds minus methane 
          and ethane, dry basis, parts per million by volume.
Cji = Concentration of sample component j of sample i, dry 
          basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (iii) You must correct the TOC concentration to 3 percent oxygen as 
specified in paragraphs (b)(4)(iii)(A) and (B) of this section.

[[Page 1215]]

    (A) You must use the emission rate correction factor for excess air, 
integrated sampling and analysis procedures of Method 3A or 3B at 40 CFR 
part 60, appendix A, ASTM D6522-00 (Reapproved 2005), or ANSI/ASME PTC 
19.10-1981, Part 10 (manual portion only) (incorporated by reference as 
specified in Sec. 60.17) to determine the oxygen concentration. The 
samples must be taken during the same time that the samples are taken 
for determining TOC concentration.
    (B) You must correct the TOC concentration for percent oxygen as 
follows:
[GRAPHIC] [TIFF OMITTED] TR16AU12.008


Where:
Cc = TOC concentration corrected to 3 percent oxygen, dry 
          basis, parts per million by volume.
Cm = TOC concentration, dry basis, parts per million by 
          volume.
%O2d = Concentration of oxygen, dry basis, percent by volume.

    (5) You must conduct performance tests according to the schedule 
specified in paragraphs (b)(5)(i) and (ii) of this section.
    (i) You must conduct an initial performance test within 180 days 
after initial startup for your affected facility. You must submit the 
performance test results as required in Sec. 60.5420(b)(7).
    (ii) You must conduct periodic performance tests for all control 
devices required to conduct initial performance tests except as 
specified in paragraphs (b)(5)(ii)(A) and (B) of this section. You must 
conduct the first periodic performance test no later than 60 months 
after the initial performance test required in paragraph (b)(5)(i) of 
this section. You must conduct subsequent periodic performance tests at 
intervals no longer than 60 months following the previous periodic 
performance test or whenever you desire to establish a new operating 
limit. You must submit the periodic performance test results as 
specified in Sec. 60.5420(b)(7). Combustion control devices meeting the 
criteria in either paragraph (b)(5)(ii)(A) or (B) of this section are 
not required to conduct periodic performance tests.
    (A) A control device whose model is tested under, and meets the 
criteria of paragraph (d) of this section.
    (B) A combustion control device tested under paragraph (b) of this 
section that meets the outlet TOC performance level specified in Sec. 
60.5412(a)(1)(ii) and that establishes a correlation between firebox or 
combustion chamber temperature and the TOC performance level.
    (c) Control device design analysis to meet the requirements of Sec. 
60.5412(a). (1) For a condenser, the design analysis must include an 
analysis of the vent stream composition, constituent concentrations, 
flowrate, relative humidity, and temperature, and must establish the 
design outlet organic compound concentration level, design average 
temperature of the condenser exhaust vent stream, and the design average 
temperatures of the coolant fluid at the condenser inlet and outlet.
    (2) For a regenerable carbon adsorption system, the design analysis 
shall include the vent stream composition, constituent concentrations, 
flowrate, relative humidity, and temperature, and shall establish the 
design exhaust vent stream organic compound concentration level, 
adsorption cycle time, number and capacity of carbon beds, type and 
working capacity of activated carbon used for the carbon beds, design 
total regeneration stream flow over the period of each complete carbon 
bed regeneration cycle, design carbon bed temperature after 
regeneration, design carbon bed regeneration time, and design service 
life of the carbon.
    (3) For a nonregenerable carbon adsorption system, such as a carbon 
canister, the design analysis shall include the vent stream composition, 
constituent concentrations, flowrate, relative humidity, and 
temperature, and shall establish the design exhaust vent

[[Page 1216]]

stream organic compound concentration level, capacity of the carbon bed, 
type and working capacity of activated carbon used for the carbon bed, 
and design carbon replacement interval based on the total carbon working 
capacity of the control device and source operating schedule. In 
addition, these systems will incorporate dual carbon canisters in case 
of emission breakthrough occurring in one canister.
    (4) If you and the Administrator do not agree on a demonstration of 
control device performance using a design analysis, then you must 
perform a performance test in accordance with the requirements of 
paragraph (b) of this section to resolve the disagreement. The 
Administrator may choose to have an authorized representative observe 
the performance test.
    (d) Performance testing for combustion control devices--
manufacturers' performance test. (1) This paragraph applies to the 
performance testing of a combustion control device conducted by the 
device manufacturer. The manufacturer must demonstrate that a specific 
model of control device achieves the performance requirements in 
paragraph (d)(11) of this section by conducting a performance test as 
specified in paragraphs (d)(2) through (10) of this section. You must 
submit a test report for each combustion control device in accordance 
with the requirements in paragraph (d)(12) of this section.
    (2) Performance testing must consist of three one-hour (or longer) 
test runs for each of the four firing rate settings specified in 
paragraphs (d)(2)(i) through (iv) of this section, making a total of 12 
test runs per test. Propene (propylene) gas must be used for the testing 
fuel. All fuel analyses must be performed by an independent third-party 
laboratory (not affiliated with the control device manufacturer or fuel 
supplier).
    (i) 90-100 percent of maximum design rate (fixed rate).
    (ii) 70-100-70 percent (ramp up, ramp down). Begin the test at 70 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 100 percent of the maximum design 
rate. Hold at 100 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 70 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (iii) 30-70-30 percent (ramp up, ramp down). Begin the test at 30 
percent of the maximum design rate. During the first 5 minutes, 
incrementally ramp the firing rate to 70 percent of the maximum design 
rate. Hold at 70 percent for 5 minutes. In the 10-15 minute time range, 
incrementally ramp back down to 30 percent of the maximum design rate. 
Repeat three more times for a total of 60 minutes of sampling.
    (iv) 0-30-0 percent (ramp up, ramp down). Begin the test at the 
minimum firing rate. During the first 5 minutes, incrementally ramp the 
firing rate to 30 percent of the maximum design rate. Hold at 30 percent 
for 5 minutes. In the 10-15 minute time range, incrementally ramp back 
down to the minimum firing rate. Repeat three more times for a total of 
60 minutes of sampling.
    (3) All models employing multiple enclosures must be tested 
simultaneously and with all burners operational. Results must be 
reported for each enclosure individually and for the average of the 
emissions from all interconnected combustion enclosures/chambers. 
Control device operating data must be collected continuously throughout 
the performance test using an electronic Data Acquisition System. A 
graphic presentation or strip chart of the control device operating data 
and emissions test data must be included in the test report in 
accordance with paragraph (d)(12) of this section. Inlet fuel meter data 
may be manually recorded provided that all inlet fuel data readings are 
included in the final report.
    (4) Inlet testing must be conducted as specified in paragraphs 
(d)(4)(i) through (ii) of this section.
    (i) The inlet gas flow metering system must be located in accordance 
with Method 2A, 40 CFR part 60, appendix A-1, (or other approved 
procedure) to measure inlet gas flow rate at the control device inlet 
location. You must position the fitting for filling fuel sample 
containers a minimum of eight pipe diameters upstream of any inlet gas 
flow monitoring meter.
    (ii) Inlet flow rate must be determined using Method 2A, 40 CFR part 
60, appendix A-1. Record the start and stop reading for each 60-minute 
THC

[[Page 1217]]

test. Record the gas pressure and temperature at 5-minute intervals 
throughout each 60-minute test.
    (5) Inlet gas sampling must be conducted as specified in paragraphs 
(d)(5)(i) through (ii) of this section.
    (i) At the inlet gas sampling location, securely connect a Silonite-
coated stainless steel evacuated canister fitted with a flow controller 
sufficient to fill the canister over a 3-hour period. Filling must be 
conducted as specified in paragraphs (d)(5)(i)(A) through (C) of this 
section.
    (A) Open the canister sampling valve at the beginning of each test 
run, and close the canister at the end of each test run.
    (B) Fill one canister across the three test runs such that one 
composite fuel sample exists for each test condition.
    (C) Label the canisters individually and record sample information 
on a chain of custody form.
    (ii) Analyze each inlet gas sample using the methods in paragraphs 
(d)(5)(ii)(A) through (C) of this section. You must include the results 
in the test report required by paragraph (d)(12) of this section.
    (A) Hydrocarbon compounds containing between one and five atoms of 
carbon plus benzene using ASTM D1945-03.
    (B) Hydrogen (H2), carbon monoxide (CO), carbon dioxide 
(CO2), nitrogen (N2), oxygen (O2) using 
ASTM D1945-03.
    (C) Higher heating value using ASTM D3588-98 or ASTM D4891-89.
    (6) Outlet testing must be conducted in accordance with the criteria 
in paragraphs (d)(6)(i) through (v) of this section.
    (i) Sample and flow rate must be measured in accordance with 
paragraphs (d)(6)(i)(A) through (B) of this section.
    (A) The outlet sampling location must be a minimum of four 
equivalent stack diameters downstream from the highest peak flame or any 
other flow disturbance, and a minimum of one equivalent stack diameter 
upstream of the exit or any other flow disturbance. A minimum of two 
sample ports must be used.
    (B) Flow rate must be measured using Method 1, 40 CFR part 60, 
appendix A-1 for determining flow measurement traverse point location, 
and Method 2, 40 CFR part 60, appendix A-1 for measuring duct velocity. 
If low flow conditions are encountered (i.e., velocity pressure 
differentials less than 0.05 inches of water) during the performance 
test, a more sensitive manometer must be used to obtain an accurate flow 
profile.
    (ii) Molecular weight and excess air must be determined as specified 
in paragraph (d)(7) of this section.
    (iii) Carbon monoxide must be determined as specified in paragraph 
(d)(8) of this section.
    (iv) THC must be determined as specified in paragraph (d)(9) of this 
section.
    (v) Visible emissions must be determined as specified in paragraph 
(d)(10) of this section.
    (7) Molecular weight and excess air determination must be performed 
as specified in paragraphs (d)(7)(i) through (iii) of this section.
    (i) An integrated bag sample must be collected during the Method 4, 
40 CFR part 60, appendix A-3, moisture test following the procedure 
specified in (d)(7)(i)(A) through (B) of this section. Analyze the bag 
sample using a gas chromatograph-thermal conductivity detector (GC-TCD) 
analysis meeting the criteria in paragraphs (d)(7)(i)(C) through (D) of 
this section.
    (A) Collect the integrated sample throughout the entire test, and 
collect representative volumes from each traverse location.
    (B) Purge the sampling line with stack gas before opening the valve 
and beginning to fill the bag. Clearly label each bag and record sample 
information on a chain of custody form.
    (C) The bag contents must be vigorously mixed prior to the gas 
chromatograph analysis.
    (D) The GC-TCD calibration procedure in Method 3C, 40 CFR part 60, 
appendix A, must be modified by using EPA Alt-045 as follows: For the 
initial calibration, triplicate injections of any single concentration 
must agree within 5 percent of their mean to be valid. The calibration 
response factor for a single concentration re-check must be within 10 
percent of the original calibration response factor for that 
concentration. If this criterion is not met, repeat the

[[Page 1218]]

initial calibration using at least three concentration levels.
    (ii) Calculate and report the molecular weight of oxygen, carbon 
dioxide, methane, and nitrogen in the integrated bag sample and include 
in the test report specified in paragraph (d)(12) of this section. 
Moisture must be determined using Method 4, 40 CFR part 60, appendix A-
3. Traverse both ports with the Method 4, 40 CFR part 60, appendix A-3, 
sampling train during each test run. Ambient air must not be introduced 
into the Method 3C, 40 CFR part 60, appendix A-2, integrated bag sample 
during the port change.
    (iii) Excess air must be determined using resultant data from the 
EPA Method 3C tests and EPA Method 3B, 40 CFR part 60, appendix A, 
equation 3B-1.
    (8) Carbon monoxide must be determined using Method 10, 40 CFR part 
60, appendix A. Run the test simultaneously with Method 25A, 40 CFR part 
60, appendix A-7 using the same sampling points. An instrument range of 
0-10 parts per million by volume-dry (ppmvd) is recommended.
    (9) Total hydrocarbon determination must be performed as specified 
by in paragraphs (d)(9)(i) through (vii) of this section.
    (i) Conduct THC sampling using Method 25A, 40 CFR part 60, appendix 
A-7, except that the option for locating the probe in the center 10 
percent of the stack is not allowed. The THC probe must be traversed to 
16.7 percent, 50 percent, and 83.3 percent of the stack diameter during 
each test run.
    (ii) A valid test must consist of three Method 25A, 40 CFR part 60, 
appendix A-7, tests, each no less than 60 minutes in duration.
    (iii) A 0-10 parts per million by volume-wet (ppmvw) (as propane) 
measurement range is preferred; as an alternative a 0-30 ppmvw (as 
carbon) measurement range may be used.
    (iv) Calibration gases must be propane in air and be certified 
through EPA Protocol 1--``EPA Traceability Protocol for Assay and 
Certification of Gaseous Calibration Standards,'' September 1997, as 
amended August 25, 1999, EPA-600/R-97/121(or more recent if updated 
since 1999).
    (v) THC measurements must be reported in terms of ppmvw as propane.
    (vi) THC results must be corrected to 3 percent CO2, as 
measured by Method 3C, 40 CFR part 60, appendix A-2. You must use the 
following equation for this diluent concentration correction:
[GRAPHIC] [TIFF OMITTED] TR23SE13.000

Where:

Cmeas = The measured concentration of the pollutant.
CO2meas = The measured concentration of the CO2 
          diluent.
3 = The corrected reference concentration of CO2 diluent.
Ccorr = The corrected concentration of the pollutant.

    (vii) Subtraction of methane or ethane from the THC data is not 
allowed in determining results.
    (10) Visible emissions must be determined using Method 22, 40 CFR 
part 60, appendix A. The test must be performed continuously during each 
test run. A digital color photograph of the exhaust point, taken from 
the position of the observer and annotated with date and time, must be 
taken once per test run and the 12 photos included in the test report 
specified in paragraph (d)(12) of this section.
    (11) Performance test criteria. (i) The control device model tested 
must meet the criteria in paragraphs (d)(11)(i)(A) through (D) of this 
section. These criteria must be reported in the test report required by 
paragraph (d)(12) of this section.
    (A) Method 22, 40 CFR part 60, appendix A, results under paragraph 
(d)(10) of this section with no indication of visible emissions.
    (B) Average Method 25A, 40 CFR part 60, appendix A, results under 
paragraph (d)(9) of this section equal to or less

[[Page 1219]]

than 10.0 ppmvw THC as propane corrected to 3.0 percent CO2.
    (C) Average CO emissions determined under paragraph (d)(8) of this 
section equal to or less than 10 parts ppmvd, corrected to 3.0 percent 
CO2.
    (D) Excess combustion air determined under paragraph (d)(7) of this 
section equal to or greater than 150 percent.
    (ii) The manufacturer must determine a maximum inlet gas flow rate 
which must not be exceeded for each control device model to achieve the 
criteria in paragraph (d)(11)(iii) of this section. The maximum inlet 
gas flow rate must be included in the test report required by paragraph 
(d)(12) of this section.
    (iii) A control device meeting the criteria in paragraph 
(d)(11)(i)(A) through (D) of this section must demonstrate a destruction 
efficiency of 95 percent for VOC regulated under this subpart.
    (12) The owner or operator of a combustion control device model 
tested under this paragraph must submit the information listed in 
paragraphs (d)(12)(i) through (vi) in the test report required by this 
section in accordance with Sec. 60.5420(b)(8).
    (i) A full schematic of the control device and dimensions of the 
device components.
    (ii) The maximum net heating value of the device.
    (iii) The test fuel gas flow range (in both mass and volume). 
Include the maximum allowable inlet gas flow rate.
    (iv) The air/stream injection/assist ranges, if used.
    (v) The test conditions listed in paragraphs (d)(12)(v)(A) through 
(O) of this section, as applicable for the tested model.
    (A) Fuel gas delivery pressure and temperature.
    (B) Fuel gas moisture range.
    (C) Purge gas usage range.
    (D) Condensate (liquid fuel) separation range.
    (E) Combustion zone temperature range. This is required for all 
devices that measure this parameter.
    (F) Excess combustion air range.
    (G) Flame arrestor(s).
    (H) Burner manifold.
    (I) Pilot flame indicator.
    (J) Pilot flame design fuel and calculated or measured fuel usage.
    (K) Tip velocity range.
    (L) Momentum flux ratio.
    (M) Exit temperature range.
    (N) Exit flow rate.
    (O) Wind velocity and direction.
    (vi) The test report must include all calibration quality assurance/
quality control data, calibration gas values, gas cylinder 
certification, strip charts, or other graphic presentations of the data 
annotated with test times and calibration values.
    (e) Continuous compliance for combustion control devices tested by 
the manufacturer in accordance with paragraph (d) of this section. This 
paragraph applies to the demonstration of compliance for a combustion 
control device tested under the provisions in paragraph (d) of this 
section. Owners or operators must demonstrate that a control device 
achieves the performance requirements in (d)(11) of this section by 
installing a device tested under paragraph (d) of this section and 
complying with the criteria specified in paragraphs (e)(1) through (7) 
of this section.
    (1) The inlet gas flow rate must be equal to or less than the 
maximum specified by the manufacturer.
    (2) A pilot flame must be present at all times of operation.
    (3) Devices must be operated with no visible emissions, except for 
periods not to exceed a total of 2 minutes during any hour. A visible 
emissions test using Method 22, 40 CFR part 60, appendix A, must be 
performed each calendar quarter. The observation period must be 1 hour 
and must be conducted according to EPA Method 22, 40 CFR part 60, 
appendix A.
    (4) Devices failing the visible emissions test must follow 
manufacturer's repair instructions, if available, or best combustion 
engineering practice as outlined in the unit inspection and maintenance 
plan, to return the unit to compliant operation. All repairs and 
maintenance activities for each unit must be recorded in a maintenance 
and repair log and must be available for inspection.
    (5) Following return to operation from maintenance or repair 
activity, each device must pass an EPA Method 22, 40 CFR part 60, 
appendix A, visual

[[Page 1220]]

observation as described in paragraph (e)(3) of this section.
    (6) If the owner or operator operates a combustion control device 
model tested under this section, an electronic copy of the performance 
test results required by this section shall be submitted via email to 
[email protected] unless the test results for that model of 
combustion control device are posted at the following Web site: epa.gov/
airquality/oilandgas/.
    (7) Ensure that each enclosed combustion device is maintained in a 
leak free condition.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58439, Sept. 23, 2013; 
79 FR 79039, Dec. 31, 2014]



Sec. 60.5415  How do I demonstrate continuous compliance with the standards for my gas well affected facility, my centrifugal compressor affected facility, my 
          stationary reciprocating compressor affected facility, my 
          pneumatic controller affected facility, my storage vessel 
          affected facility, and my affected facilities at onshore 
          natural gas processing plants?

    (a) For each gas well affected facility, you must demonstrate 
continuous compliance by submitting the reports required by Sec. 
60.5420(b) and maintaining the records for each completion operation 
specified in Sec. 60.5420(c)(1).
    (b) For each centrifugal compressor affected facility, you must 
demonstrate continuous compliance according to paragraphs (b)(1) through 
(3) of this section.
    (1) You must reduce VOC emissions from the wet seal fluid degassing 
system by 95.0 percent or greater.
    (2) For each control device used to reduce emissions, you must 
demonstrate continuous compliance with the performance requirements of 
Sec. 60.5412(a) using the procedures specified in paragraphs (b)(2)(i) 
through (vii) of this section. If you use a condenser as the control 
device to achieve the requirements specified in Sec. 60.5412(a)(2), you 
must demonstrate compliance according to paragraph (b)(2)(viii) of this 
section. You may switch between compliance with paragraphs (b)(2)(i) 
through (vii) of this section and compliance with paragraph (b)(2)(viii) 
of this section only after at least 1 year of operation in compliance 
with the selected approach. You must provide notification of such a 
change in the compliance method in the next annual report, as required 
in Sec. 60.5420(b), following the change.
    (i) You must operate below (or above) the site specific maximum (or 
minimum) parameter value established according to the requirements of 
Sec. 60.5417(f)(1).
    (ii) You must calculate the daily average of the applicable 
monitored parameter in accordance with Sec. 60.5417(e) except that the 
inlet gas flow rate to the control device must not be averaged.
    (iii) Compliance with the operating parameter limit is achieved when 
the daily average of the monitoring parameter value calculated under 
paragraph (b)(2)(ii) of this section is either equal to or greater than 
the minimum monitoring value or equal to or less than the maximum 
monitoring value established under paragraph (b)(2)(i) of this section. 
When performance testing of a combustion control device is conducted by 
the device manufacturer as specified in Sec. 60.5413(d), compliance 
with the operating parameter limit is achieved when the criteria in 
Sec. 60.5413(e) are met.
    (iv) You must operate the continuous monitoring system required in 
Sec. 60.5417 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, 
system accuracy audits 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 complete 
monitoring system repairs in response to monitoring system malfunctions 
and to return the monitoring system to operation as expeditiously as 
practicable.

[[Page 1221]]

    (v) You may not use data recorded during 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. You must use 
all the data collected during all other required data collection periods 
to assess the operation of the control device and associated control 
system.
    (vi) Failure to collect required data is a deviation of the 
monitoring requirements, except for periods of monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
and required quality monitoring system quality assurance or quality 
control activities (including, as applicable, system accuracy audits and 
required zero and span adjustments).
    (vii) If you use a combustion control device to meet the 
requirements of Sec. 60.5412(a) and you demonstrate compliance using 
the test procedures specified in Sec. 60.5413(b), you must comply with 
paragraphs (b)(2)(vii)(A) through (D) of this section.
    (A) A pilot flame must be present at all times of operation.
    (B) Devices must be operated with no visible emissions, except for 
periods not to exceed a total of 2 minutes during any hour. A visible 
emissions test using section 11. of Method 22, 40 CFR part 60, appendix 
A, must be performed each calendar quarter. The observation period must 
be 1 hour and must be conducted according to section 11. of EPA Method 
22, 40 CFR part 60, appendix A.
    (C) Devices failing the visible emissions test must follow 
manufacturer's repair instructions, if available, or best combustion 
engineering practice as outlined in the unit inspection and maintenance 
plan, to return the unit to compliant operation. All repairs and 
maintenance activities for each unit must be recorded in a maintenance 
and repair log and must be available for inspection.
    (D) Following return to operation from maintenance or repair 
activity, each device must pass a Method 22, 40 CFR part 60, appendix A, 
visual observation as described in paragraph (b)(2)(vii)(B) of this 
section.
    (viii) If you use a condenser as the control device to achieve the 
percent reduction performance requirements specified in Sec. 
60.5412(a)(2), you must demonstrate compliance using the procedures in 
paragraphs (b)(2)(viii)(A) through (E) of this section.
    (A) You must establish a site-specific condenser performance curve 
according to Sec. 60.5417(f)(2).
    (B) You must calculate the daily average condenser outlet 
temperature in accordance with Sec. 60.5417(e).
    (C) You must determine the condenser efficiency for the current 
operating day using the daily average condenser outlet temperature 
calculated under paragraph (b)(2)(viii)(B) of this section and the 
condenser performance curve established under paragraph (b)(2)(viii)(A) 
of this section.
    (D) Except as provided in paragraphs (b)(2)(viii)(D)(1) and (2) of 
this section, at the end of each operating day, you must calculate the 
365-day rolling average TOC emission reduction, as appropriate, from the 
condenser efficiencies as determined in paragraph (b)(2)(viii)(C) of 
this section.
    (1) After the compliance dates specified in Sec. 60.5370, if you 
have less than 120 days of data for determining average TOC emission 
reduction, you must calculate the average TOC emission reduction for the 
first 120 days of operation after the compliance dates. You have 
demonstrated compliance with the overall 95.0 percent reduction 
requirement if the 120-day average TOC emission reduction is equal to or 
greater than 95.0 percent.
    (2) After 120 days and no more than 364 days of operation after the 
compliance date specified in Sec. 60.5370, you must calculate the 
average TOC emission reduction as the TOC emission reduction averaged 
over the number of days between the current day and the applicable 
compliance date. You have demonstrated compliance with the overall 95.0 
percent reduction requirement, if the average TOC emission reduction is 
equal to or greater than 95.0 percent.
    (E) If you have data for 365 days or more of operation, you have 
demonstrated compliance with the TOC emission reduction if the rolling 
365-day average TOC emission reduction

[[Page 1222]]

calculated in paragraph (b)(2)(viii)(D) of this section is equal to or 
greater than 95.0 percent.
    (3) You must submit the annual report required by 60.5420(b) and 
maintain the records as specified in Sec. 60.5420(c)(2).
    (c) For each reciprocating compressor affected facility complying 
with Sec. 60.5385(a)(1) or (2), you must demonstrate continuous 
compliance according to paragraphs (c)(1) through (3) of this section. 
For each reciprocating compressor affected facility complying with Sec. 
60.5385(a)(3), you must demonstrate continuous compliance according to 
paragraph (c)(4) of this section.
    (1) You must continuously monitor the number of hours of operation 
for each reciprocating compressor affected facility or track the number 
of months since initial startup, or October 15, 2012, or the date of the 
most recent reciprocating compressor rod packing replacement, whichever 
is later.
    (2) You must submit the annual report as required in Sec. 
60.5420(b) and maintain records as required in Sec. 60.5420(c)(3).
    (3) You must replace the reciprocating compressor rod packing before 
the total number of hours of operation reaches 26,000 hours or the 
number of months since the most recent rod packing replacement reaches 
36 months.
    (4) You must operate the rod packing emissions collection system 
under negative pressure and continuously comply with the closed vent 
requirements in Sec. 60.5411(a).
    (d) For each pneumatic controller affected facility, you must 
demonstrate continuous compliance according to paragraphs (d)(1) through 
(3) of this section.
    (1) You must continuously operate the pneumatic controllers as 
required in Sec. 60.5390(a), (b), or (c).
    (2) You must submit the annual report as required in Sec. 
60.5420(b).
    (3) You must maintain records as required in Sec. 60.5420(c)(4).
    (e) You must demonstrate continuous compliance according to 
paragraph (e)(3) of this section for each storage vessel affected 
facility, for which you are using a control device or routing emissions 
to a process to meet the requirement of Sec. 60.5395(d)(1).
    (1)-(2) [Reserved]
    (3) For each storage vessel affected facility, you must comply with 
paragraphs (e)(3)(i) and (ii) of this section.
    (i) You must reduce VOC emissions as specified in Sec. 60.5395(d).
    (ii) For each control device installed to meet the requirements of 
Sec. 60.5395(d), you must demonstrate continuous compliance with the 
performance requirements of Sec. 60.5412(d) for each storage vessel 
affected facility using the procedure specified in paragraph 
(e)(3)(ii)(A) and either (e)(3)(ii)(B) or (e)(3)(ii)(C) of this section.
    (A) You must comply with Sec. 60.5416(c) for each cover and closed 
vent system.
    (B) You must comply with Sec. 60.5417(h) for each control device.
    (C) Each closed vent system that routes emissions to a process must 
be operated as specified in Sec. 60.5411(c)(2).
    (f) For affected facilities at onshore natural gas processing 
plants, continuous compliance with VOC requirements is demonstrated if 
you are in compliance with the requirements of Sec. 60.5400.
    (g) For each sweetening unit affected facility at onshore natural 
gas processing plants, you must demonstrate continuous compliance with 
the standards for SO2 specified in Sec. 60.5405(b) according 
to paragraphs (g)(1) and (2) of this section.
    (1) The minimum required SO2 emission reduction 
efficiency (Zc) is compared to the emission reduction 
efficiency (R) achieved by the sulfur recovery technology.
    (i) If R Zc, your affected facility is in compliance.
    (ii) If R Zc, your affected facility is not in 
compliance.
    (2) The emission reduction efficiency (R) achieved by the sulfur 
reduction technology must be determined using the procedures in Sec. 
60.5406(c)(1).

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58442, Sept. 23, 2013; 
79 FR 79039, Dec. 31, 2014]

[[Page 1223]]



Sec. 60.5416  What are the initial and continuous cover and closed vent system inspection and monitoring requirements for my storage vessel, centrifugal 
          compressor and reciprocating compressor affected facilities?

    For each closed vent system or cover at your storage vessel, 
centrifugal compressor and reciprocating compressor affected facility, 
you must comply with the applicable requirements of paragraphs (a) 
through (c) of this section.
    (a) Inspections for closed vent systems and covers installed on each 
centrifugal compressor or reciprocating compressor affected facility. 
Except as provided in paragraphs (b)(11) and (12) of this section, you 
must inspect each closed vent system according to the procedures and 
schedule specified in paragraphs (a)(1) and (2) of this section, inspect 
each cover according to the procedures and schedule specified in 
paragraph (a)(3) of this section, and inspect each bypass device 
according to the procedures of paragraph (a)(4) of this section.
    (1) For each closed vent system joint, seam, or other connection 
that is permanently or semi-permanently sealed (e.g., a welded joint 
between two sections of hard piping or a bolted and gasketed ducting 
flange), you must meet the requirements specified in paragraphs 
(a)(1)(i) and (ii) of this section.
    (i) Conduct an initial inspection according to the test methods and 
procedures specified in paragraph (b) of this section to demonstrate 
that the closed vent system operates with no detectable emissions. You 
must maintain records of the inspection results as specified in Sec. 
60.5420(c)(6).
    (ii) Conduct annual visual inspections for defects that could result 
in air emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in piping; loose connections; liquid leaks; or 
broken or missing caps or other closure devices. You must monitor a 
component or connection using the test methods and procedures in 
paragraph (b) of this section to demonstrate that it operates with no 
detectable emissions following any time the component is repaired or 
replaced or the connection is unsealed. You must maintain records of the 
inspection results as specified in Sec. 60.5420(c)(6).
    (2) For closed vent system components other than those specified in 
paragraph (a)(1) of this section, you must meet the requirements of 
paragraphs (a)(2)(i) through (iii) of this section.
    (i) Conduct an initial inspection according to the test methods and 
procedures specified in paragraph (b) of this section to demonstrate 
that the closed vent system operates with no detectable emissions. You 
must maintain records of the inspection results as specified in Sec. 
60.5420(c)(6).
    (ii) Conduct annual inspections according to the test methods and 
procedures specified in paragraph (b) of this section to demonstrate 
that the components or connections operate with no detectable emissions. 
You must maintain records of the inspection results as specified in 
Sec. 60.5420(c)(6).
    (iii) Conduct annual visual inspections for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in ductwork; loose connections; liquid 
leaks; or broken or missing caps or other closure devices. You must 
maintain records of the inspection results as specified in Sec. 
60.5420(c)(6).
    (3) For each cover, you must meet the requirements in paragraphs 
(a)(3)(i) and (ii) of this section.
    (i) Conduct visual inspections for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover, or between the cover and the separator 
wall; broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices. In the case where the storage vessel is buried 
partially or entirely underground, you must inspect only those portions 
of the cover that extend to or above the ground surface, and those 
connections that are on such portions of the cover (e.g., fill ports, 
access hatches, gauge wells, etc.) and can be opened to the atmosphere.
    (ii) You must initially conduct the inspections specified in 
paragraph (a)(3)(i) of this section following the installation of the 
cover. Thereafter, you

[[Page 1224]]

must perform the inspection at least once every calendar year, except as 
provided in paragraphs (b)(11) and (12) of this section. You must 
maintain records of the inspection results as specified in Sec. 
60.5420(c)(7).
    (4) For each bypass device, except as provided for in Sec. 60.5411, 
you must meet the requirements of paragraphs (a)(4)(i) or (ii) of this 
section.
    (i) Set the flow indicator to take a reading at least once every 15 
minutes at the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere.
    (ii) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device. You must maintain records of the 
inspections according to Sec. 60.5420(c)(8).
    (b) No detectable emissions test methods and procedures. If you are 
required to conduct an inspection of a closed vent system or cover at 
your centrifugal compressor or reciprocating compressor affected 
facility as specified in paragraphs (a)(1), (2), or (3) of this section, 
you must meet the requirements of paragraphs (b)(1) through (13) of this 
section.
    (1) You must conduct the no detectable emissions test procedure in 
accordance with Method 21 at 40 CFR part 60, appendix A-7.
    (2) The detection instrument must meet the performance criteria of 
Method 21 at 40 CFR part 60, appendix A-7, except that the instrument 
response factor criteria in section 3.1.2(a) of Method 21 must be for 
the average composition of the fluid and not for each individual organic 
compound in the stream.
    (3) You must calibrate the detection instrument before use on each 
day of its use by the procedures specified in Method 21 at 40 CFR part 
60, appendix A-7.
    (4) Calibration gases must be as specified in paragraphs (b)(4)(i) 
and (ii) of this section.
    (i) Zero air (less than 10 parts per million by volume hydrocarbon 
in air).
    (ii) A mixture of methane in air at a concentration less than 10,000 
parts per million by volume.
    (5) You may choose to adjust or not adjust the detection instrument 
readings to account for the background organic concentration level. If 
you choose to adjust the instrument readings for the background level, 
you must determine the background level value according to the 
procedures in Method 21 at 40 CFR part 60, appendix A-7.
    (6) Your detection instrument must meet the performance criteria 
specified in paragraphs (b)(6)(i) and (ii) of this section.
    (i) Except as provided in paragraph (b)(6)(ii) of this section, the 
detection instrument must meet the performance criteria of Method 21 at 
40 CFR part 60, appendix A-7, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 must be for the average 
composition of the process fluid, not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts that are not organic hazardous air pollutants or 
volatile organic compounds, you must calculate the average stream 
response factor on an inert-free basis.
    (ii) If no instrument is available that will meet the performance 
criteria specified in paragraph (b)(6)(i) of this section, you may 
adjust the instrument readings by multiplying by the average response 
factor of the process fluid, calculated on an inert-free basis, as 
described in paragraph (b)(6)(i) of this section.
    (7) You must determine if a potential leak interface operates with 
no detectable emissions using the applicable procedure specified in 
paragraph (b)(7)(i) or (ii) of this section.
    (i) If you choose not to adjust the detection instrument readings 
for the background organic concentration level, then you must directly 
compare the maximum organic concentration value measured by the 
detection instrument to the applicable value for the potential leak 
interface as specified in paragraph (b)(8) of this section.

[[Page 1225]]

    (ii) If you choose to adjust the detection instrument readings for 
the background organic concentration level, you must compare the value 
of the arithmetic difference between the maximum organic concentration 
value measured by the instrument and the background organic 
concentration value as determined in paragraph (b)(5) of this section 
with the applicable value for the potential leak interface as specified 
in paragraph (b)(8) of this section.
    (8) A potential leak interface is determined to operate with no 
detectable organic emissions if the organic concentration value 
determined in paragraph (b)(7) of this section is less than 500 parts 
per million by volume.
    (9) Repairs. In the event that a leak or defect is detected, you 
must repair the leak or defect as soon as practicable according to the 
requirements of paragraphs (b)(9)(i) and (ii) of this section, except as 
provided in paragraph (b)(10) of this section.
    (i) A first attempt at repair must be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair must be completed no later than 15 calendar days after 
the leak is detected.
    (10) Delay of repair. Delay of repair of a closed vent system or 
cover for which leaks or defects have been detected is allowed if the 
repair is technically infeasible without a shutdown, or if you determine 
that emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. You must 
complete repair of such equipment by the end of the next shutdown.
    (11) Unsafe to inspect requirements. You may designate any parts of 
the closed vent system or cover as unsafe to inspect if the requirements 
in paragraphs (b)(11)(i) and (ii) of this section are met. Unsafe to 
inspect parts are exempt from the inspection requirements of paragraphs 
(a)(1) through (3) of this section.
    (i) You determine 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 (a)(1), (2), or (3) of 
this section.
    (ii) You have a written plan that requires inspection of the 
equipment as frequently as practicable during safe-to-inspect times.
    (12) Difficult to inspect requirements. You may designate any parts 
of the closed vent system or cover as difficult to inspect, if the 
requirements in paragraphs (b)(12)(i) and (ii) of this section are met. 
Difficult to inspect parts are exempt from the inspection requirements 
of paragraphs (a)(1) through (3) of this section.
    (i) You determine that the equipment cannot be inspected without 
elevating the inspecting personnel more than 2 meters above a support 
surface.
    (ii) You have a written plan that requires inspection of the 
equipment at least once every 5 years.
    (13) Records. Records shall be maintained as specified in this 
section and in Sec. 60.5420(c)(9).
    (c) Cover and closed vent system inspections for storage vessel 
affected facilities. If you install a control device or route emissions 
to a process, you must inspect each closed vent system according to the 
procedures and schedule specified in paragraphs (c)(1) of this section, 
inspect each cover according to the procedures and schedule specified in 
paragraph (c)(2) of this section, and inspect each bypass device 
according to the procedures of paragraph (c)(3) of this section. You 
must also comply with the requirements of (c)(4) through (7) of this 
section.
    (1) For each closed vent system, you must conduct an inspection at 
least once every calendar month as specified in paragraphs (c)(1)(i) 
through (iii) of this section.
    (i) You must maintain records of the inspection results as specified 
in Sec. 60.5420(c)(6).
    (ii) Conduct olfactory, visual and auditory inspections for defects 
that could result in air emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in piping; loose connections; liquid 
leaks; or broken or missing caps or other closure devices.
    (iii) Monthly inspections must be separated by at least 14 calendar 
days.
    (2) For each cover, you must conduct inspections at least once every 
calendar month as specified in paragraphs (c)(2)(i) through (iii) of 
this section.

[[Page 1226]]

    (i) You must maintain records of the inspection results as specified 
in Sec. 60.5420(c)(7).
    (ii) Conduct olfactory, visual and auditory inspections for defects 
that could result in air emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the cover, or between the cover 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices. In the case where the storage 
vessel is buried partially or entirely underground, you must inspect 
only those portions of the cover that extend to or above the ground 
surface, and those connections that are on such portions of the cover 
(e.g., fill ports, access hatches, gauge wells, etc.) and can be opened 
to the atmosphere.
    (iii) Monthly inspections must be separated by at least 14 calendar 
days.
    (3) For each bypass device, except as provided for in Sec. 
60.5411(c)(3)(ii), you must meet the requirements of paragraphs 
(c)(3)(i) or (ii) of this section.
    (i) Set the flow indicator to sound an alarm at the inlet to the 
bypass device when the stream is being diverted away from the control 
device or process to the atmosphere. You must maintain records of each 
time the alarm is sounded according to Sec. 60.5420(c)(8).
    (ii) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device. You must maintain records of the 
inspections and records of each time the key is checked out, if 
applicable, according to Sec. 60.5420(c)(8).
    (4) Repairs. In the event that a leak or defect is detected, you 
must repair the leak or defect as soon as practicable according to the 
requirements of paragraphs (c)(4)(i) through (iii) of this section, 
except as provided in paragraph (c)(5) of this section.
    (i) A first attempt at repair must be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair must be completed no later than 30 calendar days after 
the leak is detected.
    (iii) Grease or another applicable substance must be applied to 
deteriorating or cracked gaskets to improve the seal while awaiting 
repair.
    (5) Delay of repair. Delay of repair of a closed vent system or 
cover for which leaks or defects have been detected is allowed if the 
repair is technically infeasible without a shutdown, or if you determine 
that emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. You must 
complete repair of such equipment by the end of the next shutdown.
    (6) Unsafe to inspect requirements. You may designate any parts of 
the closed vent system or cover as unsafe to inspect if the requirements 
in paragraphs (c)(6)(i) and (ii) of this section are met. Unsafe to 
inspect parts are exempt from the inspection requirements of paragraphs 
(c)(1) and (2) of this section.
    (i) You determine 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 (c)(1) or (2) of this 
section.
    (ii) You have a written plan that requires inspection of the 
equipment as frequently as practicable during safe-to-inspect times.
    (7) Difficult to inspect requirements. You may designate any parts 
of the closed vent system or cover as difficult to inspect, if the 
requirements in paragraphs (c)(7)(i) and (ii) of this section are met. 
Difficult to inspect parts are exempt from the inspection requirements 
of paragraphs (c)(1) and (2) of this section.
    (i) You determine that the equipment cannot be inspected without 
elevating the inspecting personnel more than 2 meters above a support 
surface.
    (ii) You have a written plan that requires inspection of the 
equipment at least once every 5 years.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58443, Sept. 23, 2013; 
79 FR 79039, Dec. 31, 2014]

[[Page 1227]]



Sec. 60.5417  What are the continuous control device monitoring requirements for my storage vessel or centrifugal compressor affected facility?

    You must meet the applicable requirements of this section to 
demonstrate continuous compliance for each control device used to meet 
emission standards for your storage vessel or centrifugal compressor 
affected facility.
    (a) For each control device used to comply with the emission 
reduction standard for centrifugal compressor affected facilities in 
Sec. 60.5380, you must install and operate a continuous parameter 
monitoring system for each control device as specified in paragraphs (c) 
through (g) of this section, except as provided for in paragraph (b) of 
this section. If you install and operate a flare in accordance with 
Sec. 60.5412(a)(3), you are exempt from the requirements of paragraphs 
(e) and (f) of this section.
    (b) You are exempt from the monitoring requirements specified in 
paragraphs (c) through (g) of this section for the control devices 
listed in paragraphs (b)(1) and (2) of this section.
    (1) A boiler or process heater in which all vent streams are 
introduced with the primary fuel or is used as the primary fuel.
    (2) A boiler or process heater with a design heat input capacity 
equal to or greater than 44 megawatts.
    (c) If you are required to install a continuous parameter monitoring 
system, you must meet the specifications and requirements in paragraphs 
(c)(1) through (4) of this section.
    (1) Each continuous parameter monitoring system must measure data 
values at least once every hour and record the parameters in paragraphs 
(c)(1)(i) or (ii) of this section.
    (i) Each measured data value.
    (ii) Each block average value for each 1-hour period or shorter 
periods calculated from all measured data values during each period. If 
values are measured more frequently than once per minute, a single value 
for each minute may be used to calculate the hourly (or shorter period) 
block average instead of all measured values.
    (2) You must prepare a site-specific monitoring plan that addresses 
the monitoring system design, data collection, and the quality assurance 
and quality control elements outlined in paragraphs (c)(2)(i) through 
(v) of this section. You must install, calibrate, operate, and maintain 
each continuous parameter monitoring system in accordance with the 
procedures in your approved site-specific monitoring plan.
    (i) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations.
    (ii) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements.
    (iii) Equipment performance checks, system accuracy audits, or other 
audit procedures.
    (iv) Ongoing operation and maintenance procedures in accordance with 
provisions in Sec. 60.13(b).
    (v) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec. 60.7(c), (d), and (f).
    (3) You must conduct the continuous parameter monitoring system 
equipment performance checks, system accuracy audits, or other audit 
procedures specified in the site-specific monitoring plan at least once 
every 12 months.
    (4) You must conduct a performance evaluation of each continuous 
parameter monitoring system in accordance with the site-specific 
monitoring plan.
    (d) You must install, calibrate, operate, and maintain a device 
equipped with a continuous recorder to measure the values of operating 
parameters appropriate for the control device as specified in either 
paragraph (d)(1), (2), or (3) of this section.
    (1) A continuous monitoring system that measures the operating 
parameters in paragraphs (d)(1)(i) through (viii) of this section, as 
applicable.
    (i) For a thermal vapor incinerator that demonstrates during the 
performance test conducted under Sec. 60.5413 that combustion zone 
temperature is an accurate indicator of performance, a temperature 
monitoring device equipped with a continuous recorder. The monitoring 
device must have a minimum

[[Page 1228]]

accuracy of 1 percent of the temperature being 
monitored in [deg]C, or 2.5 [deg]C, whichever 
value is greater. You must install the temperature sensor at a location 
representative of the combustion zone temperature.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device must be capable 
of monitoring temperature at two locations and have a minimum accuracy 
of 1 percent of the temperature being monitored in 
[deg]C, or 2.5 [deg]C, whichever value is greater. 
You must install one temperature sensor in the vent stream at the 
nearest feasible point to the catalyst bed inlet, and you must install a 
second temperature sensor in the vent stream at the nearest feasible 
point to the catalyst bed outlet.
    (iii) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (iv) For a boiler or process heater, a temperature monitoring device 
equipped with a continuous recorder. The temperature monitoring device 
must have a minimum accuracy of 1 percent of the 
temperature being monitored in [deg]C, or 2.5 
[deg]C, whichever value is greater. You must install the temperature 
sensor at a location representative of the combustion zone temperature.
    (v) For a condenser, a temperature monitoring device equipped with a 
continuous recorder. The temperature monitoring device must have a 
minimum accuracy of 1 percent of the temperature 
being monitored in [deg]C, or 2.8 [deg]C, 
whichever value is greater. You must install the temperature sensor at a 
location in the exhaust vent stream from the condenser.
    (vi) For a regenerative-type carbon adsorption system, a continuous 
monitoring system that meets the specifications in paragraphs 
(d)(1)(vi)(A) and (B) of this section.
    (A) The continuous parameter monitoring system must measure and 
record the average total regeneration stream mass flow or volumetric 
flow during each carbon bed regeneration cycle. The flow sensor must 
have a measurement sensitivity of 5 percent of the flow rate or 10 cubic 
feet per minute, whichever is greater. You must check the mechanical 
connections for leakage at least every month, and you must perform a 
visual inspection at least every 3 months of all components of the flow 
continuous parameter monitoring system for physical and operational 
integrity and all electrical connections for oxidation and galvanic 
corrosion if your flow continuous parameter monitoring system is not 
equipped with a redundant flow sensor; and
    (B) The continuous parameter monitoring system must measure and 
record the average carbon bed temperature for the duration of the carbon 
bed steaming cycle and measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
temperature monitoring device must have a minimum accuracy of 1 percent of the temperature being monitored in [deg]C, 
or 2.5 [deg]C, whichever value is greater.
    (vii) For a nonregenerative-type carbon adsorption system, you must 
monitor the design carbon replacement interval established using a 
performance test performed as specified in Sec. 60.5413(b). The design 
carbon replacement interval must be based on the total carbon working 
capacity of the control device and source operating schedule.
    (viii) For a combustion control device whose model is tested under 
Sec. 60.5413(d), a continuous monitoring system meeting the 
requirements of paragraphs (d)(1)(viii)(A) and (B) of this section.
    (A) The continuous monitoring system must measure gas flow rate at 
the inlet to the control device. The monitoring instrument must have an 
accuracy of 2 percent or better. The flow rate at 
the inlet to the combustion device must not exceed the maximum or 
minimum flow rate determined by the manufacturer.
    (B) A monitoring device that continuously indicates the presence of 
the pilot flame while emissions are routed to the control device.
    (2) An organic monitoring device equipped with a continuous recorder 
that measures the concentration level of organic compounds in the 
exhaust vent stream from the control device.

[[Page 1229]]

The monitor must meet the requirements of Performance Specification 8 or 
9 of 40 CFR part 60, appendix B. You must install, calibrate, and 
maintain the monitor according to the manufacturer's specifications.
    (3) A continuous monitoring system that measures operating 
parameters other than those specified in paragraph (d)(1) or (2) of this 
section, upon approval of the Administrator as specified in Sec. 
60.13(i).
    (e) You must calculate the daily average value for each monitored 
operating parameter for each operating day, using the data recorded by 
the monitoring system, except for inlet gas flow rate. If the emissions 
unit operation is continuous, the operating day is a 24-hour period. If 
the emissions unit operation is not continuous, the operating day is the 
total number of hours of control device operation per 24-hour period. 
Valid data points must be available for 75 percent of the operating 
hours in an operating day to compute the daily average.
    (f) For each operating parameter monitor installed in accordance 
with the requirements of paragraph (d) of this section, you must comply 
with paragraph (f)(1) of this section for all control devices. When 
condensers are installed, you must also comply with paragraph (f)(2) of 
this section.
    (1) You must establish a minimum operating parameter value or a 
maximum operating parameter value, as appropriate for the control 
device, to define the conditions at which the control device must be 
operated to continuously achieve the applicable performance requirements 
of Sec. 60.5412(a). You must establish each minimum or maximum 
operating parameter value as specified in paragraphs (f)(1)(i) through 
(iii) of this section.
    (i) If you conduct performance tests in accordance with the 
requirements of Sec. 60.5413(b) to demonstrate that the control device 
achieves the applicable performance requirements specified in Sec. 
60.5412(a), then you must establish the minimum operating parameter 
value or the maximum operating parameter value based on values measured 
during the performance test and supplemented, as necessary, by a 
condenser design analysis or control device manufacturer recommendations 
or a combination of both.
    (ii) If you use a condenser design analysis in accordance with the 
requirements of Sec. 60.5413(c) to demonstrate that the control device 
achieves the applicable performance requirements specified in Sec. 
60.5412(a), then you must establish the minimum operating parameter 
value or the maximum operating parameter value based on the condenser 
design analysis and supplemented, as necessary, by the condenser 
manufacturer's recommendations.
    (iii) If you operate a control device where the performance test 
requirement was met under Sec. 60.5413(d) to demonstrate that the 
control device achieves the applicable performance requirements 
specified in Sec. 60.5412(a), then your control device inlet gas flow 
rate must not exceed the maximum or minimum inlet gas flow rate 
determined by the manufacturer.
    (2) If you use a condenser as specified in paragraph (d)(1)(v) of 
this section, you must establish a condenser performance curve showing 
the relationship between condenser outlet temperature and condenser 
control efficiency, according to the requirements of paragraphs 
(f)(2)(i) and (ii) of this section.
    (i) If you conduct a performance test in accordance with the 
requirements of Sec. 60.5413(b) to demonstrate that the condenser 
achieves the applicable performance requirements in Sec. 60.5412(a), 
then the condenser performance curve must be based on values measured 
during the performance test and supplemented as necessary by control 
device design analysis, or control device manufacturer's 
recommendations, or a combination or both.
    (ii) If you use a control device design analysis in accordance with 
the requirements of Sec. 60.5413(c)(1) to demonstrate that the 
condenser achieves the applicable performance requirements specified in 
Sec. 60.5412(a), then the condenser performance curve must be based on 
the condenser design analysis and supplemented, as necessary, by the 
control device manufacturer's recommendations.
    (g) A deviation for a given control device is determined to have 
occurred

[[Page 1230]]

when the monitoring data or lack of monitoring data result in any one of 
the criteria specified in paragraphs (g)(1) through (g)(6) of this 
section being met. If you monitor multiple operating parameters for the 
same control device during the same operating day and more than one of 
these operating parameters meets a deviation criterion specified in 
paragraphs (g)(1) through (6) of this section, then a single excursion 
is determined to have occurred for the control device for that operating 
day.
    (1) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established in paragraph (f)(1) of this section.
    (2) If you meet Sec. 60.5412(a)(2), a deviation occurs when the 
365-day average condenser efficiency calculated according to the 
requirements specified in Sec. 60.5415(e)(8)(iv) is less than 95.0 
percent.
    (3) If you meet Sec. 60.5412(a)(2) and you have less than 365 days 
of data, a deviation occurs when the average condenser efficiency 
calculated according to the procedures specified in Sec. 
60.5415(e)(8)(iv)(A) or (B) is less than 90.0 percent.
    (4) A deviation occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.
    (5) If the closed vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, a deviation occurs when the 
requirements of paragraphs (g)(5)(i) and (ii) of this section are met.
    (i) For each bypass line subject to Sec. 60.5411(a)(3)(i)(A), the 
flow indicator indicates that flow has been detected and that the stream 
has been diverted away from the control device to the atmosphere.
    (ii) For each bypass line subject to Sec. 60.5411(a)(3)(i)(B), if 
the seal or closure mechanism has been broken, the bypass line valve 
position has changed, the key for the lock-and-key type lock has been 
checked out, or the car-seal has broken.
    (6) For a combustion control device whose model is tested under 
Sec. 60.5413(d), a deviation occurs when the conditions of paragraphs 
(g)(6)(i) or (ii) are met.
    (i) The inlet gas flow rate exceeds the maximum established during 
the test conducted under Sec. 60.5413(d).
    (ii) Failure of the quarterly visible emissions test conducted under 
Sec. 60.5413(e)(3) occurs.
    (h) For each control device used to comply with the emission 
reduction standard in Sec. 60.5395(d)(1) for your storage vessel 
affected facility, you must demonstrate continuous compliance according 
to paragraphs (h)(1) through (h)(3) of this section. You are exempt from 
the requirements of this paragraph if you install a control device model 
tested in accordance with Sec. 60.5413(d)(2) through (10), which meets 
the criteria in Sec. 60.5413(d)(11), the reporting requirement in Sec. 
60.5413(d)(12), and meet the continuous compliance requirement in Sec. 
60.5413(e).
    (1) For each combustion device you must conduct inspections at least 
once every calendar month according to paragraphs (h)(1)(i) through (iv) 
of this section. Monthly inspections must be separated by at least 14 
calendar days.
    (i) Conduct visual inspections to confirm that the pilot is lit when 
vapors are being routed to the combustion device and that the continuous 
burning pilot flame is operating properly.
    (ii) Conduct inspections to monitor for visible emissions from the 
combustion device using section 11 of EPA Method 22, 40 CFR part 60, 
appendix A. The observation period shall be 15 minutes. Devices must be 
operated with no visible emissions, except for periods not to exceed a 
total of 1 minute during any 15 minute period.
    (iii) Conduct olfactory, visual and auditory inspections of all 
equipment associated with the combustion device to ensure system 
integrity.
    (iv) For any absence of pilot flame, or other indication of smoking 
or improper equipment operation (e.g., visual, audible, or olfactory), 
you must ensure the equipment is returned to proper operation as soon as 
practicable after the event occurs. At a minimum, you must perform the 
procedures specified in paragraphs (h)(1)(iv)(A) and (B) of this 
section.

[[Page 1231]]

    (A) You must check the air vent for obstruction. If an obstruction 
is observed, you must clear the obstruction as soon as practicable.
    (B) You must check for liquid reaching the combustor.
    (2) For each vapor recovery device, you must conduct inspections at 
least once every calendar month to ensure physical integrity of the 
control device according to the manufacturer's instructions. Monthly 
inspections must be separated by at least 14 calendar days.
    (3) Each control device must be operated following the 
manufacturer's written operating instructions, procedures and 
maintenance schedule to ensure good air pollution control practices for 
minimizing emissions. Records of the manufacturer's written operating 
instructions, procedures, and maintenance schedule must be available for 
inspection as specified in Sec. 60.5420(c)(13).

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58443, Sept. 23, 2013]



Sec. 60.5420  What are my notification, reporting, and recordkeeping requirements?

    (a) You must submit the notifications according to paragraphs (a)(1) 
and (2) of this section if you own or operate one or more of the 
affected facilities specified in Sec. 60.5365 that was constructed, 
modified, or reconstructed during the reporting period.
    (1) If you own or operate a gas well, pneumatic controller, 
centrifugal compressor, reciprocating compressor or storage vessel 
affected facility you are not required to submit the notifications 
required in Sec. 60.7(a)(1), (3), and (4).
    (2)(i) If you own or operate a gas well affected facility, you must 
submit a notification to the Administrator no later than 2 days prior to 
the commencement of each well completion operation listing the 
anticipated date of the well completion operation. The notification 
shall include contact information for the owner or operator; the API 
well number, the latitude and longitude coordinates for each well in 
decimal degrees to an accuracy and precision of five (5) decimals of a 
degree using the North American Datum of 1983; and the planned date of 
the beginning of flowback. You may submit the notification in writing or 
in electronic format.
    (ii) If you are subject to state regulations that require advance 
notification of well completions and you have met those notification 
requirements, then you are considered to have met the advance 
notification requirements of paragraph (a)(2)(i) of this section.
    (b) Reporting requirements. You must submit annual reports 
containing the information specified in paragraphs (b)(1) through (6) of 
this section to the Administrator and performance test reports as 
specified in paragraph (b)(7) or (8) of this section. The initial annual 
report is due no later than 90 days after the end of the initial 
compliance period as determined according to Sec. 60.5410. Subsequent 
annual reports are due no later than same date each year as the initial 
annual report. If you own or operate more than one affected facility, 
you may submit one report for multiple affected facilities provided the 
report contains all of the information required as specified in 
paragraphs (b)(1) through (6) of this section. Annual reports may 
coincide with title V reports as long as all the required elements of 
the annual report are included. You may arrange with the Administrator a 
common schedule on which reports required by this part may be submitted 
as long as the schedule does not extend the reporting period.
    (1) The general information specified in paragraphs (b)(1)(i) 
through (iv) of this section.
    (i) The company name and address of the affected facility.
    (ii) An identification of each affected facility being included in 
the annual report.
    (iii) Beginning and ending dates of the reporting period.
    (iv) A certification by a certifying official of truth, accuracy, 
and completeness. This certification shall state that, based on 
information and belief formed after reasonable inquiry, the statements 
and information in the document are true, accurate, and complete.
    (2) For each gas well affected facility, the information in 
paragraphs (b)(2)(i) through (ii) of this section.

[[Page 1232]]

    (i) Records of each well completion operation as specified in 
paragraph (c)(1)(i) through (iv) of this section for each gas well 
affected facility conducted during the reporting period. In lieu of 
submitting the records specified in paragraph (c)(1)(i) through (iv), 
the owner or operator may submit a list of the well completions with 
hydraulic fracturing completed during the reporting period and the 
records required by paragraph (c)(1)(v) of this section for each well 
completion.
    (ii) Records of deviations specified in paragraph (c)(1)(ii) of this 
section that occurred during the reporting period.
    (3) For each centrifugal compressor affected facility, the 
information specified in paragraphs (b)(3)(i) and (ii) of this section.
    (i) An identification of each centrifugal compressor using a wet 
seal system constructed, modified or reconstructed during the reporting 
period.
    (ii) Records of deviations specified in paragraph (c)(2) of this 
section that occurred during the reporting period.
    (iii) If required to comply with Sec. 60.5380(a)(1), the records 
specified in paragraphs (c)(6) through (11) of this section.
    (4) For each reciprocating compressor affected facility, the 
information specified in paragraphs (b)(4)(i) through (ii) of this 
section.
    (i) The cumulative number of hours of operation or the number of 
months since initial startup, since October 15, 2012, or since the 
previous reciprocating compressor rod packing replacement, whichever is 
later.
    (ii) Records of deviations specified in paragraph (c)(3)(iii) of 
this section that occurred during the reporting period.
    (5) For each pneumatic controller affected facility, the information 
specified in paragraphs (b)(5)(i) through (iii) of this section.
    (i) An identification of each pneumatic controller constructed, 
modified or reconstructed during the reporting period, including the 
identification information specified in Sec. 60.5390(b)(2) or (c)(2).
    (ii) If applicable, documentation that the use of pneumatic 
controller affected facilities with a natural gas bleed rate greater 
than 6 standard cubic feet per hour are required and the reasons why.
    (iii) Records of deviations specified in paragraph (c)(4)(v) of this 
section that occurred during the reporting period.
    (6) For each storage vessel affected facility, the information in 
paragraphs (b)(6)(i) through (vii) of this section.
    (i) An identification, including the location, of each storage 
vessel affected facility for which construction, modification or 
reconstruction commenced during the reporting period. The location of 
the storage vessel shall be in latitude and longitude coordinates in 
decimal degrees to an accuracy and precision of five (5) decimals of a 
degree using the North American Datum of 1983.
    (ii) Documentation of the VOC emission rate determination according 
to Sec. 60.5365(e) for each storage vessel that became an affected 
facility during the reporting period or is returned to service during 
the reporting period.
    (iii) Records of deviations specified in paragraph (c)(5)(iii) of 
this section that occurred during the reporting period.
    (iv) You must submit a notification identifying each Group 1 storage 
vessel affected facility in your initial annual report. You must include 
the location of the storage vessel, in latitude and longitude 
coordinates in decimal degrees to an accuracy and precision of five (5) 
decimals of a degree using the North American Datum of 1983.
    (v) A statement that you have met the requirements specified in 
Sec. 60.5410(h)(2) and (3).
    (vi) You must identify each storage vessel affected facility that is 
removed from service during the reporting period as specified in Sec. 
60.5395(f)(1)(ii), including the date the storage vessel affected 
facility was removed from service.
    (vii) You must identify each storage vessel affected facility 
returned to service during the reporting period as specified in Sec. 
60.5395(f)(3), including the date the storage vessel affected facility 
was returned to service.
    (7)(i) Within 60 days after the date of completing each performance 
test (see Sec. 60.8 of this part) as required by this subpart, except 
testing conducted by the manufacturer as specified in Sec. 60.5413(d), 
you must submit the results

[[Page 1233]]

of the performance tests required by this subpart to the EPA as follows. 
You must use the latest version of the EPA's Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief/ ert/index.html) existing at the 
time of the performance test to generate a submission package file, 
which documents the performance test. You must then submit the file 
generated by the ERT through the EPA's Compliance and Emissions Data 
Reporting Interface (CEDRI), which can be accessed by logging in to the 
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Only data 
collected using test methods supported by the ERT as listed on the ERT 
Web site are subject to this requirement for submitting reports 
electronically. Owners or operators who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI) must submit a complete ERT file including 
information claimed to be CBI on a compact disk or other commonly used 
electronic storage media (including, but not limited to, flash drives) 
to EPA. The electronic media must be clearly marked as CBI and mailed to 
U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD 
C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the 
CBI omitted must be submitted to EPA via CDX as described earlier in 
this paragraph. At the discretion of the delegated authority, you must 
also submit these reports, including the confidential business 
information, to the delegated authority in the format specified by the 
delegated authority. For any performance test conducted using test 
methods that are not listed on the ERT Web site, the owner or operator 
shall submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec. 60.4.
    (ii) All reports, except as specified in paragraph (b)(8) of this 
section, required by this subpart not subject to the requirements in 
paragraph (a)(2)(i) of this section must be sent to the Administrator at 
the appropriate address listed in Sec. 60.4 of this part. The 
Administrator or the delegated authority may request a report in any 
form suitable for the specific case (e.g., by commonly used electronic 
media such as Excel spreadsheet, on CD or hard copy).
    (8) For enclosed combustors tested by the manufacturer in accordance 
with Sec. 60.5413(d), an electronic copy of the performance test 
results required by Sec. 60.5413(d) shall be submitted via email to 
[email protected] unless the test results for that model of 
combustion control device are posted at the following Web site: epa.gov/
airquality/oilandgas/.
    (c) Recordkeeping requirements. You must maintain the records 
identified as specified in Sec. 60.7(f) and in paragraphs (c)(1) 
through (13) of this section. All records required by this subpart must 
be maintained either onsite or at the nearest local field office for at 
least 5 years.
    (1) The records for each gas well affected facility as specified in 
paragraphs (c)(1)(i) through (v) of this section.
    (i) Records identifying each well completion operation for each gas 
well affected facility;
    (ii) Records of deviations in cases where well completion operations 
with hydraulic fracturing were not performed in compliance with the 
requirements specified in Sec. 60.5375.
    (iii) Records required in Sec. 60.5375(b) or (f) for each well 
completion operation conducted for each gas well affected facility that 
occurred during the reporting period. You must maintain the records 
specified in paragraphs (c)(1)(iii)(A) and (B) of this section.
    (A) For each gas well affected facility required to comply with the 
requirements of Sec. 60.5375(a), you must record: The location of the 
well; the API well number; the date and time of the onset of flowback 
following hydraulic fracturing or refracturing; the date and time of 
each attempt to direct flowback to a separator as required in Sec. 
60.5375(a)(1)(i); the date and time of each occurrence of returning to 
the initial flowback stage under Sec. 60.5375(a)(1)(i); and the date 
and time that the well was shut in and the flowback equipment was 
permanently disconnected, or the startup of production; the duration of 
flowback; duration of recovery to the flow line; duration of combustion; 
duration of venting; and specific reasons for venting in

[[Page 1234]]

lieu of capture or combustion. The duration must be specified in hours 
of time.
    (B) For each gas well affected facility required to comply with the 
requirements of Sec. 60.5375(f), you must maintain the records 
specified in paragraph (c)(1)(iii)(A) of this section except that you do 
not have to record the duration of recovery to the flow line.
    (iv) For each gas well facility for which you claim an exception 
under Sec. 60.5375(a)(3), you must record: The location of the well; 
the API well number; the specific exception claimed; the starting date 
and ending date for the period the well operated under the exception; 
and an explanation of why the well meets the claimed exception.
    (v) For each gas well affected facility required to comply with both 
Sec. 60.5375(a)(1) and (3), if you are using a digital photograph in 
lieu of the records required in paragraphs (c)(1)(i) through (iv) of 
this section, you must retain the records of the digital photograph as 
specified in Sec. 60.5410(a)(4).
    (2) For each centrifugal compressor affected facility, you must 
maintain records of deviations in cases where the centrifugal compressor 
was not operated in compliance with the requirements specified in Sec. 
60.5380.
    (3) For each reciprocating compressors affected facility, you must 
maintain the records in paragraphs (c)(3)(i) through (iii) of this 
section.
    (i) Records of the cumulative number of hours of operation or number 
of months since initial startup or October 15, 2012, or the previous 
replacement of the reciprocating compressor rod packing, whichever is 
later.
    (ii) Records of the date and time of each reciprocating compressor 
rod packing replacement, or date of installation of a rod packing 
emissions collection system and closed vent system as specified in Sec. 
60.5385(a)(3).
    (iii) Records of deviations in cases where the reciprocating 
compressor was not operated in compliance with the requirements 
specified in Sec. 60.5385.
    (4) For each pneumatic controller affected facility, you must 
maintain the records identified in paragraphs (c)(4)(i) through (v) of 
this section.
    (i) Records of the date, location and manufacturer specifications 
for each pneumatic controller constructed, modified or reconstructed.
    (ii) Records of the demonstration that the use of pneumatic 
controller affected facilities with a natural gas bleed rate greater 
than the applicable standard are required and the reasons why.
    (iii) If the pneumatic controller is not located at a natural gas 
processing plant, records of the manufacturer's specifications 
indicating that the controller is designed such that natural gas bleed 
rate is less than or equal to 6 standard cubic feet per hour.
    (iv) If the pneumatic controller is located at a natural gas 
processing plant, records of the documentation that the natural gas 
bleed rate is zero.
    (v) Records of deviations in cases where the pneumatic controller 
was not operated in compliance with the requirements specified in Sec. 
60.5390.
    (5) Except as specified in paragraph (c)(5)(v) of this section, for 
each storage vessel affected facility, you must maintain the records 
identified in paragraphs (c)(5)(i) through (iv) of this section.
    (i) If required to reduce emissions by complying with Sec. 
60.5395(d)(1), the records specified in Sec. Sec. 60.5420(c)(6) through 
(8), 60.5416(c)(6)(ii), and 60.6516(c)(7)(ii) of this subpart.
    (ii) Records of each VOC emissions determination for each storage 
vessel affected facility made under Sec. 60.5365(e) including 
identification of the model or calculation methodology used to calculate 
the VOC emission rate.
    (iii) Records of deviations in cases where the storage vessel was 
not operated in compliance with the requirements specified in Sec. Sec. 
60.5395, 60.5411, 60.5412, and 60.5413, as applicable.
    (iv) For storage vessels that are skid-mounted or permanently 
attached to something that is mobile (such as trucks, railcars, barges 
or ships), records indicating the number of consecutive days that the 
vessel is located at a site in the oil and natural gas production 
segment, natural gas processing segment or natural gas transmission and 
storage segment. If a storage vessel is removed from a site and, within 
30 days, is either returned to or replaced by another storage vessel at 
the site to serve the same or similar

[[Page 1235]]

function, then the entire period since the original storage vessel was 
first located at the site, including the days when the storage vessel 
was removed, will be added to the count towards the number of 
consecutive days.
    (v) You must maintain records of the identification and location of 
each storage vessel affected facility.
    (6) Records of each closed vent system inspection required under 
Sec. 60.5416(a)(1) for centrifugal compressors or Sec. 60.5416(c)(1) 
for storage vessels.
    (7) A record of each cover inspection required under Sec. 
60.5416(a)(3) for centrifugal or reciprocating compressors or Sec. 
60.5416(c)(2) for storage vessels.
    (8) If you are subject to the bypass requirements of Sec. 
60.5416(a)(4) for centrifugal or reciprocating compressors or Sec. 
60.5416(c)(3) for storage vessels, a record of each inspection or a 
record each time the key is checked out or a record of each time the 
alarm is sounded.
    (9) If you are subject to the closed vent system no detectable 
emissions requirements of Sec. 60.5416(b) for centrifugal or 
reciprocating compressors, a record of the monitoring conducted in 
accordance with Sec. 60.5416(b).
    (10) For each centrifugal compressor affected facility, records of 
the schedule for carbon replacement (as determined by the design 
analysis requirements of Sec. 60.5413(c)(2) or (3)) and records of each 
carbon replacement as specified in Sec. 60.5412(c)(1).
    (11) For each centrifugal compressor subject to the control device 
requirements of Sec. 60.5412(a), (b), and (c), records of minimum and 
maximum operating parameter values, continuous parameter monitoring 
system data, calculated averages of continuous parameter monitoring 
system data, results of all compliance calculations, and results of all 
inspections.
    (12) For each carbon adsorber installed on storage vessel affected 
facilities, records of the schedule for carbon replacement (as 
determined by the design analysis requirements of Sec. 60.5412(d)(2)) 
and records of each carbon replacement as specified in Sec. 
60.5412(c)(1).
    (13) For each storage vessel affected facility subject to the 
control device requirements of Sec. 60.5412(c) and (d), you must 
maintain records of the inspections, including any corrective actions 
taken, the manufacturers' operating instructions, procedures and 
maintenance schedule as specified in Sec. 60.5417(h). You must maintain 
records of EPA Method 22, 40 CFR part 60, appendix A, section 11 
results, which include: company, location, company representative (name 
of the person performing the observation), sky conditions, process unit 
(type of control device), clock start time, observation period duration 
(in minutes and seconds), accumulated emission time (in minutes and 
seconds), and clock end time. You may create your own form including the 
above information or use Figure 22-1 in EPA Method 22, 40 CFR part 60, 
appendix A. Manufacturer's operating instructions, procedures and 
maintenance schedule must be available for inspection.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58445, Sept. 23, 2013; 
79 FR 79039, Dec. 31, 2014]



Sec. 60.5421  What are my additional recordkeeping requirements for my affected facility subject to VOC requirements for onshore natural gas processing plants?

    (a) You must comply with the requirements of paragraph (b) of this 
section in addition to the requirements of Sec. 60.486a.
    (b) The following recordkeeping requirements apply to pressure 
relief devices subject to the requirements of Sec. 60.5401(b)(1) of 
this subpart.
    (1) When each leak is detected as specified in Sec. 60.5401(b)(2), 
a weatherproof and readily visible identification, marked with the 
equipment identification number, must 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. 60.5401(b)(2), 
the following information must 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.

[[Page 1236]]

    (iii) Repair methods applied in each attempt to repair the leak.
    (iv) ``Above 500 ppm'' if the maximum instrument reading measured by 
the methods specified in paragraph (a) of this section after each repair 
attempt is 500 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.
    (x) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of Sec. 
60.482-4a(a). The designation of equipment subject to the provisions of 
Sec. 60.482-4a(a) must be signed by the owner or operator.



Sec. 60.5422  What are my additional reporting requirements for my affected facility subject to VOC requirements for onshore natural gas processing plants?

    (a) You must comply with the requirements of paragraphs (b) and (c) 
of this section in addition to the requirements of Sec. 60.487a(a), 
(b), (c)(2)(i) through (iv), and (c)(2)(vii) through (viii).
    (b) An owner or operator must include the following information in 
the initial semiannual report in addition to the information required in 
Sec. 60.487a(b)(1) through (4): Number of pressure relief devices 
subject to the requirements of Sec. 60.5401(b) except for those 
pressure relief devices designated for no detectable emissions under the 
provisions of Sec. 60.482-4a(a) and those pressure relief devices 
complying with Sec. 60.482-4a(c).
    (c) An owner or operator must include the following information in 
all semiannual reports in addition to the information required in Sec. 
60.487a(c)(2)(i) through (vi):
    (1) Number of pressure relief devices for which leaks were detected 
as required in Sec. 60.5401(b)(2); and
    (2) Number of pressure relief devices for which leaks were not 
repaired as required in Sec. 60.5401(b)(3).



Sec. 60.5423  What additional recordkeeping and reporting requirements apply to my sweetening unit affected facilities at onshore natural gas processing 
          plants?

    (a) You must retain records of the calculations and measurements 
required in Sec. 60.5405(a) and (b) and Sec. 60.5407(a) through (g) 
for at least 2 years following the date of the measurements. This 
requirement is included under Sec. 60.7(d) of the General Provisions.
    (b) You must submit a report of excess emissions to the 
Administrator in your annual report if you had excess emissions during 
the reporting period. 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. 60.5407(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. 60.5407(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 these standards, for each facility with a design 
capacity less that 2 LT/D of H2S in the acid gas (expressed 
as sulfur) you must 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) If you elect to comply with Sec. 60.5407(e) you must 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.

[[Page 1237]]

    (e) The requirements of paragraph (b) of this section remain in 
force until and unless the 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. 60.5425  What part 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.



Sec. 60.5430  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A or subpart VVa of part 60; 
and the following terms shall have the specific meanings given them.
    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.
    Alaskan North Slope means the approximately 69,000 square-mile area 
extending from the Brooks Range to the Arctic Ocean.
    API Gravity means the weight per unit volume of hydrocarbon liquids 
as measured by a system recommended by the American Petroleum Institute 
(API) and is expressed in degrees.
    Bleed rate means the rate in standard cubic feet per hour at which 
natural gas is continuously vented (bleeds) from a pneumatic controller.
    Centrifugal compressor means any machine for raising the pressure of 
a natural gas by drawing in low pressure natural gas and discharging 
significantly higher pressure natural gas by means of mechanical 
rotating vanes or impellers. Screw, sliding vane, and liquid ring 
compressors are not centrifugal compressors for the purposes of this 
subpart.
    Certifying official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The Administrator is notified of such delegation of authority 
prior to the exercise of that authority. The Administrator reserves the 
right to evaluate such delegation;
    (2) For a partnership (including but not limited to general 
partnerships, limited partnerships, and limited liability partnerships) 
or sole proprietorship: A general partner or the proprietor, 
respectively. If a general partner is a corporation, the provisions of 
paragraph (1) of this definition apply;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under title IV of the Clean Air Act or the 
regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under part 
60.
    City gate means the delivery point at which natural gas is 
transferred from a transmission pipeline to the local gas utility.
    Collection system means any infrastructure that conveys gas or 
liquids from the well site to another location for treatment, storage, 
processing, recycling, disposal or other handling.

[[Page 1238]]

    Completion combustion device means any ignition device, installed 
horizontally or vertically, used in exploration and production 
operations to combust otherwise vented emissions from completions.
    Compressor station means any permanent combination of one or more 
compressors that move natural gas at increased pressure from fields, in 
transmission pipelines, or into storage.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature, pressure, or both, and 
remains liquid at standard conditions.
    Continuous bleed means a continuous flow of pneumatic supply natural 
gas to the process control device (e.g., level control, temperature 
control, pressure control) where the supply gas pressure is modulated by 
the process condition, and then flows to the valve controller where the 
signal is compared with the process set-point to adjust gas pressure in 
the valve actuator.
    Custody transfer means the transfer of natural gas after processing 
and/or treatment in the producing operations, or from storage vessels or 
automatic transfer facilities or other such equipment, including product 
loading racks, to pipelines or any other forms of transportation.
    Dehydrator means a device in which an absorbent directly contacts a 
natural gas stream and absorbs water in a contact tower or absorption 
column (absorber).
    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 work practice standard;
    (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 limit, operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Delineation well means a well drilled in order to determine the 
boundary of a field or producing reservoir.
    Equipment, as used in the standards and requirements in this subpart 
relative to the equipment leaks of VOC from onshore natural gas 
processing plants, means each pump, pressure relief device, open-ended 
valve or line, valve, and flange or other connector that is in VOC 
service or in wet gas service, and any device or system required by 
those same standards and requirements in this subpart.
    Field gas means feedstock gas entering the natural gas processing 
plant.
    Field gas gathering means the system used transport field gas from a 
field to the main pipeline in the area.
    Flare means a thermal oxidation system using an open (without 
enclosure) flame. Completion combustion devices as defined in this 
section are not considered flares.
    Flow line means a pipeline used to transport oil and/or gas to a 
processing facility, a mainline pipeline, re-injection, or routed to a 
process or other useful purpose.
    Flowback means the process of allowing fluids and entrained solids 
to flow from a natural gas well following a treatment, either in 
preparation for a subsequent phase of treatment or in preparation for 
cleanup and returning the well to production. The term flowback also 
means the fluids and entrained solids that emerge from a natural gas 
well during the flowback process. The flowback period begins when 
material introduced into the well during the treatment returns to the 
surface following hydraulic fracturing or refracturing. The flowback 
period ends when either the well is shut in and permanently disconnected 
from the flowback equipment or at the startup of production. The 
flowback period includes the initial flowback stage and the separation 
flowback stage.
    Gas processing plant 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

[[Page 1239]]

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.
    Gas well or natural gas well means an onshore well drilled 
principally for production of natural gas.
    Group 1 storage vessel means a storage vessel, as defined in this 
section, for which construction, modification or reconstruction has 
commenced after August 23, 2011, and on or before April 12, 2013.
    Group 2 storage vessel means a storage vessel, as defined in this 
section, for which construction, modification or reconstruction has 
commenced after April 12, 2013.
    Hydraulic fracturing or refracturing means the process of directing 
pressurized fluids containing any combination of water, proppant, and 
any added chemicals to penetrate tight formations, such as shale or coal 
formations, that subsequently require high rate, extended flowback to 
expel fracture fluids and solids during completions.
    Hydraulic refracturing means conducting a subsequent hydraulic 
fracturing operation at a well that has previously undergone a hydraulic 
fracturing operation.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.485a(e) or Sec. 
60.5401(g)(2) of this part.
    In wet gas service means that a compressor or piece of equipment 
contains or contacts the field gas before the extraction step at a gas 
processing plant process unit.
    Initial flowback stage means the period during a well completion 
operation which begins at the onset of flowback and ends at the 
separation flowback stage.
    Intermediate hydrocarbon liquid means any naturally occurring, 
unrefined petroleum liquid.
    Intermittent/snap-action pneumatic controller means a pneumatic 
controller that vents non-continuously.
    Liquefied natural gas unit means a unit used to cool natural gas to 
the point at which it is condensed into a liquid which is colorless, 
odorless, non-corrosive and non-toxic.
    Low pressure gas well means a well with reservoir pressure and 
vertical well depth such that 0.445 times the reservoir pressure (in 
psia) minus 0.038 times the vertical well depth (in feet) minus 67.578 
psia is less than the flow line pressure at the sales meter.
    Maximum average daily throughput means the earliest calculation of 
daily average throughput during the 30-day PTE evaluation period 
employing generally accepted methods.
    Natural gas-driven pneumatic controller means a pneumatic controller 
powered by pressurized natural gas.
    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. A Joule-Thompson valve, a dew point depression valve, or an 
isolated or standalone Joule-Thompson skid is not a natural gas 
processing plant.
    Natural gas transmission means the pipelines used for the long 
distance transport of natural gas (excluding processing). Specific 
equipment used in natural gas transmission includes the land, mains, 
valves, meters, boosters, regulators, storage vessels, dehydrators, 
compressors, and their driving units and appurtenances, and equipment 
used for transporting gas from a production plant, delivery point of 
purchased gas, gathering system, storage area, or other wholesale source 
of gas to one or more distribution area(s).
    Nonfractionating plant means any gas plant that does not fractionate 
mixed natural gas liquids into natural gas products.
    Non-natural gas-driven pneumatic controller means an instrument that 
is actuated using other sources of power than pressurized natural gas; 
examples include solar, electric, and instrument air.
    Onshore means all facilities except those that are located in the 
territorial seas or on the outer continental shelf.
    Pneumatic controller means an automated instrument used for 
maintaining

[[Page 1240]]

a process condition such as liquid level, pressure, delta-pressure and 
temperature.
    Pressure vessel means a storage vessel that is used to store liquids 
or gases and is designed not to vent to the atmosphere as a result of 
compression of the vapor headspace in the pressure vessel during filling 
of the pressure vessel to its design capacity.
    Process unit means components 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.
    Produced water means water that is extracted from the earth from an 
oil or natural gas production well, or that is separated from crude oil, 
condensate, or natural gas after extraction.
    Reciprocating compressor means a piece of equipment that increases 
the pressure of a process gas by positive displacement, employing linear 
movement of the driveshaft.
    Reciprocating compressor rod packing means a series of flexible 
rings in machined metal cups that fit around the reciprocating 
compressor piston rod to create a seal limiting the amount of compressed 
natural gas that escapes to the atmosphere.
    Recovered gas means gas recovered through the separation process 
during flowback.
    Recovered liquids means any crude oil, condensate or produced water 
recovered through the separation process during flowback.
    Reduced emissions completion means a well completion following 
fracturing or refracturing where gas flowback that is otherwise vented 
is captured, cleaned, and routed to the flow line or collection system, 
re-injected into the well or another well, used as an on-site fuel 
source, or used for other useful purpose that a purchased fuel or raw 
material would serve, with no direct release to the atmosphere.
    Reduced sulfur compounds means H2S, carbonyl sulfide 
(COS), and carbon disulfide (CS2).
    Removed from service means that a storage vessel affected facility 
has been physically isolated and disconnected from the process for a 
purpose other than maintenance in accordance with Sec. 60.5395(f)(1).
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under title IV of the Clean Air Act or the 
regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under part 
60.
    Returned to service means that a Group 1 or Group 2 storage vessel 
affected facility that was removed from service has been:
    (1) Reconnected to the original source of liquids, connected in 
parallel to any storage vessel affected facility or has been used to 
replace any storage vessel affected facility; or

[[Page 1241]]

    (2) Installed in any location covered by this subpart and introduced 
with crude oil, condensate, intermediate hydrocarbon liquids or produced 
water.
    Routed to a process or route to a process means the emissions are 
conveyed via a closed vent system to any enclosed portion of a process 
where the emissions are predominantly recycled and/or consumed in the 
same manner as a material that fulfills the same function in the process 
and/or transformed by chemical reaction into materials that are not 
regulated materials and/or incorporated into a product; and/or 
recovered.
    Salable quality gas means natural gas that meets the flow line or 
collection system operator specifications, regardless of whether such 
gas is sold.
    Separation flowback stage means the period during a well completion 
operation when it is technically feasible for a separator to function. 
The separation flowback stage ends either at the startup of production, 
or when the well is shut in and permanently disconnected from the 
flowback equipment.
    Startup of production means the beginning of initial flow following 
the end of flowback when there is continuous recovery of salable quality 
gas and separation and recovery of any crude oil, condensate or produced 
water.
    Storage vessel means a tank or other vessel that contains an 
accumulation of crude oil, condensate, intermediate hydrocarbon liquids, 
or produced water, and that is constructed primarily of nonearthen 
materials (such as wood, concrete, steel, fiberglass, or plastic) which 
provide structural support. Two or more storage vessels connected in 
parallel are considered equivalent to a single storage vessel with 
throughput equal to the total throughput of the storage vessels 
connected in parallel. A well completion vessel that receives recovered 
liquids from a well after startup of production following flowback for a 
period which exceeds 60 days is considered a storage vessel under this 
subpart. A tank or other vessel shall not be considered a storage vessel 
if it has been removed from service in accordance with the requirements 
of Sec. 60.5395(f) until such time as such tank or other vessel has 
been returned to service. For the purposes of this subpart, the 
following are not considered storage vessels:
    (1) Vessels that are skid-mounted or permanently attached to 
something that is mobile (such as trucks, railcars, barges or ships), 
and are intended to be located at a site for less than 180 consecutive 
days. If you do not keep or are not able to produce records, as required 
by Sec. 60.5420(c)(5)(iv), showing that the vessel has been located at 
a site for less than 180 consecutive days, the vessel described herein 
is considered to be a storage vessel from the date the original vessel 
was first located at the site. This exclusion does not apply to a well 
completion vessel as described above.
    (2) Process vessels such as surge control vessels, bottoms receivers 
or knockout vessels.
    (3) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere.
    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.
    Surface site means any combination of one or more graded pad sites, 
gravel pad sites, foundations, platforms, or the immediate physical 
location upon which equipment is physically affixed.
    Sweetening unit means a process device that removes hydrogen sulfide 
and/or carbon dioxide from the sour natural gas stream.
    Total Reduced Sulfur (TRS) means the sum of the sulfur compounds 
hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl 
disulfide as measured by Method 16 of appendix A to part 60 of this 
chapter.
    Total SO2 equivalents means the sum of volumetric or mass 
concentrations 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)).
    Underground storage vessel means a storage vessel stored below 
ground.
    Well means an oil or gas well, a hole drilled for the purpose of 
producing oil or gas, or a well into which fluids are injected.

[[Page 1242]]

    Well completion means the process that allows for the flowback of 
petroleum or natural gas from newly drilled wells to expel drilling and 
reservoir fluids and tests the reservoir flow characteristics, which may 
vent produced hydrocarbons to the atmosphere via an open pit or tank.
    Well completion operation means any well completion with hydraulic 
fracturing or refracturing occurring at a gas well affected facility.
    Well completion vessel means a vessel that contains flowback during 
a well completion operation following hydraulic fracturing or 
refracturing. A well completion vessel may be a lined earthen pit, a 
tank or other vessel that is skid-mounted or portable. A well completion 
vessel that receives recovered liquids from a well after startup of 
production following flowback for a period which exceeds 60 days is 
considered a storage vessel under this subpart.
    Well site means one or more areas that are directly disturbed during 
the drilling and subsequent operation of, or affected by, production 
facilities directly associated with any oil well, gas well, or injection 
well and its associated well pad.
    Wellhead means the piping, casing, tubing and connected valves 
protruding above the earth's surface for an oil and/or natural gas well. 
The wellhead ends where the flow line connects to a wellhead valve. The 
wellhead does not include other equipment at the well site except for 
any conveyance through which gas is vented to the atmosphere.
    Wildcat well means a well outside known fields or the first well 
drilled in an oil or gas field where no other oil and gas production 
exists.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58447, Sept. 23, 2013; 
79 FR 79040, Dec. 31, 2014]



Sec. Sec. 60.5431-60.5499  [Reserved]



   Sec. Table 1 to Subpart OOOO of Part 60--Required Minimum Initial 
      SO2 Emission Reduction Efficiency (Zi)

----------------------------------------------------------------------------------------------------------------
                                                              Sulfur feed rate (X), LT/D
   H2S content of acid gas (Y), %    ---------------------------------------------------------------------------
                                        2.0<=X<=5.0         5.0300.0
----------------------------------------------------------------------------------------------------------------
Y=50.....................            79.0    88.51X\0.0101\Y\0.0125\ or 99.9, whichever is smaller.
                                                     -----------------------------------------------------------
20<=Y<50............................            79.0   88.51X0.0101Y0.0125 or 97.9, whichever              97.9
                                                                     is smaller
                                                     -----------------------------------------
10<=Y<20............................            79.0  88.51X0.0101Y0.0125 or             93.5              93.5
                                                       93.5, whichever is
                                                       smaller.
Y<10................................            79.0  79.0...................            79.0              79.0
----------------------------------------------------------------------------------------------------------------


[78 FR 58447, Sept. 23, 2013]



Sec. Table 2 to Subpart OOOO of Part 60--Required Minimum SO2 
              Emission Reduction Efficiency (Zc)

----------------------------------------------------------------------------------------------------------------
                                                              Sulfur feed rate (X), LT/D
   H2S content of acid gas (Y), %    ---------------------------------------------------------------------------
                                        2.0<=X<=5.0         5.0300.0
----------------------------------------------------------------------------------------------------------------
Y=50.....................            74.0      85.35X0.0144Y0.0128 or 99.9, whichever is smaller.
                                                     -----------------------------------------------------------
20<=Y<50............................            74.0   85.35X0.0144Y0.0128 or 97.5, whichever              97.5
                                                                     is smaller
                                                     -----------------------------------------
10<=Y<20............................            74.0  85.35X0.0144Y0.0128 or             90.8              90.8
                                                       90.8, whichever is
                                                       smaller.
Y<10................................            74.0  74.0...................            74.0              74.0
----------------------------------------------------------------------------------------------------------------
X = The 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.
Y = The sulfur content of the acid gas from the sweetening unit, expressed as mole percent H2S (dry basis)
  rounded to one decimal place.
Z = The 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.


[[Page 1243]]


[78 FR 58447, Sept. 23, 2013]



   Sec. Table 3 to Subpart OOOO of Part 60--Applicability of General 
                       Provisions to Subpart OOOO

    As stated in Sec. 60.5425, 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. 60.5430.
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 record   Yes..........................  Except that Sec. 60.7
                                keeping.                                                 only applies as
                                                                                         specified in Sec.
                                                                                         60.5420(a).
Sec. 60.8..................  Performance tests.......  Yes..........................  Performance testing is
                                                                                         required for control
                                                                                         devices used on storage
                                                                                         vessels and centrifugal
                                                                                         compressors.
Sec. 60.9..................  Availability of           Yes.
                                information.
Sec. 60.10.................  State authority.........  Yes.
Sec. 60.11.................  Compliance with           No...........................  Requirements are
                                standards and                                            specified in subpart
                                maintenance                                              OOOO.
                                requirements.
Sec. 60.12.................  Circumvention...........  Yes.
Sec. 60.13.................  Monitoring requirements.  Yes..........................  Continuous monitors are
                                                                                         required for storage
                                                                                         vessels.
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    Yes..........................  Except that Sec. 60.18
                                requirements.                                            does not apply to
                                                                                         flares.
Sec. 60.19.................  General notification and  Yes.                           ........................
                                reporting requirement.
----------------------------------------------------------------------------------------------------------------

Subpart PPPP [Reserved]



   Subpart QQQQ_Standards of Performance for New Residential Hydronic 
                     Heaters and Forced-Air Furnaces

    Source: 80 FR 13715, Mar. 16, 2015, unless otherwise noted.



Sec. 60.5472  Am I subject to this subpart?

    (a) You are subject to this subpart if you manufacture, sell, offer 
for sale, import for sale, distribute, offer to distribute, introduce or 
deliver for introduction into commerce in the United States, or install 
or operate a residential hydronic heater, forced-air furnace or other 
central heater manufactured on or after May 15, 2015, except as provided 
in paragraph (c) of this section.
    (b) Each residential hydronic heater, forced-air furnace or other 
central heater must comply with the provisions of this subpart unless 
exempted under paragraphs (b)(1) through (b)(3) of this section. These 
exemptions are determined by rule applicability and do not require 
additional EPA notification or public notice.
    (1) Affected residential hydronic heaters, forced-air furnaces or 
other central heaters manufactured in the United States for export are 
exempt from the applicable emission limits of Sec. 60.5474 and the 
requirements of Sec. 60.5475.
    (2) Affected residential hydronic heaters, forced-air furnaces or 
other central heaters used for research and development purposes that 
are never offered for sale or sold and that are not used to provide heat 
are exempt from the applicable emission limits of Sec. 60.5474 and the 
requirements of Sec. 60.5475. No more than 12 affected residential 
central heaters manufactured per model line may be exempted for this 
purpose.

[[Page 1244]]

    (3) Appliances that do not burn wood or wood pellets or wood chips 
(such as coal-only central heaters that meet the definition in Sec. 
60.5473 or corn-only central heaters) are exempt from the applicable 
emission limits of Sec. 60.5474 and the requirements of Sec. 60.5475 
provided that all advertising and warranties clearly denote that wood 
burning is prohibited in these appliances.
    (c) The following are not affected central heaters and are not 
subject to this subpart:
    (1) Residential wood heaters subject to subpart AAA of this part.
    (2) Residential masonry heaters as defined in Sec. 60.5473.



Sec. 60.5473  What definitions must I know?

    As used in this subpart, all terms not defined herein have the same 
meaning given them in the Clean Air Act and subpart A of this part.
    Approved test laboratory means a test laboratory that is approved 
for central heater certification testing under Sec. 60.5477 or is an 
independent third-party test laboratory that is accredited under ISO-IEC 
Standard 17025 to perform testing using the test methods specified in 
Sec. 60.5476 by an accreditation body that is a full member signatory 
to the International Laboratory Accreditation Cooperation Mutual 
Recognition Arrangement and approved by the EPA for conducting testing 
under this subpart.
    Catalytic combustor means a device coated with a noble metal used in 
a wood heater to lower the temperature required for combustion.
    Central heater means a fuel-burning device designed to burn wood or 
wood pellet fuel that warms spaces other than the space where the device 
is located, by the distribution of air heated by the furnace through 
ducts or liquid heated in the device and distributed typically through 
pipes. Unless otherwise specified, these devices include, but are not 
limited to, residential forced-air furnaces (small and large) and 
residential hydronic heaters.
    Chip wood fuel means wood chipped into small pieces that are uniform 
in size, shape, moisture, density and energy content.
    Coal-only hydronic heater or forced-air furnace means an enclosed, 
coal-burning appliance capable of space heating or domestic water 
heating that has all of the following characteristics:
    (1) Installation instructions, owner's manual and marketing 
information that state that the use of wood in the appliance, except for 
coal ignition purposes, is prohibited by law; and
    (2) The model is listed by a nationally recognized safety-testing 
laboratory for coal use only, except for coal ignition purposes.
    Commercial owner means any person who owns or controls a residential 
hydronic heater, forced-air furnace or other affected central heater in 
the course of the business of the manufacture, importation, 
distribution, or sale of the unit.
    Large residential forced-air furnace means a residential forced-air 
furnace that is capable of a heat output of 65,000 BTU per hour or 
greater.
    Manufactured means completed and ready for shipment (whether or not 
assembled or packaged) for purposes of determining the date of 
manufacture.
    Manufacturer means any entity that constructs or imports into the 
United States a central heater.
    Model line means all central heaters offered for sale by a single 
manufacturer that are similar in all material respects that would affect 
emissions as defined in this section.
    Particulate matter (PM) means total particulate matter including 
coarse particulate (PM10) and fine particulate 
(PM2.5).
    Pellet fuel means refined and densified solid wood shaped into small 
pellets or briquettes that are uniform in size, shape, moisture, density 
and energy content.
    Representative affected wood or central heater means an individual 
heater that is similar in all material respects that would affect 
emissions as defined in this section to other heaters within the model 
line it represents.
    Residential forced-air furnace means a fuel burning device designed 
to burn wood or wood pellet fuel that warms spaces other than the space 
where the furnace is located, by the distribution of air heated by the 
furnace through ducts.

[[Page 1245]]

    Residential hydronic heater means a fuel burning device designed to 
burn wood or wood pellet fuel for the purpose of heating building space 
and/or water through the distribution, typically through pipes, of a 
fluid heated in the device, typically water or a water and antifreeze 
mixture.
    Residential masonry heater means a factory-built or site-built wood-
burning device in which the heat from intermittent fires burned rapidly 
in the firebox is stored in the refractory mass for slow release to 
building spaces. Masonry heaters are site-built (using local materials 
or a combination of local materials and manufactured components) or 
site-assembled (using factory-built components), solid fuel-burning 
heating appliances constructed mainly of refractory materials (e.g., 
masonry materials or soapstone. They typically have an interior 
construction consisting of a firebox and heat exchange channels built 
from refractory components, through which flue gases are routed. ASTM 
E1602 ``Standard Guide for Construction of Solid Fuel Burning Masonry 
Heaters'' provides design and construction information for the range of 
masonry heaters most commonly built in the United States. The site-
assembled models are generally listed to UL-1482.
    Sale means the transfer of ownership or control, except that a 
transfer of control of an affected central heater for research and 
development purposes within the scope of Sec. 60.5472(b)(2) is not a 
sale.
    Similar in all material respects that would affect emissions means 
that the construction materials, exhaust and inlet air system, and other 
design features are within the allowed tolerances for components 
identified in Sec. 60.5475(k).
    Small residential forced-air furnace means a residential forced-air 
furnace that is only capable of a maximum heat output of less than 
65,000 BTU per hour.
    Sold at retail means the sale by a commercial owner of a central 
heater to the ultimate purchaser/user or noncommercial purchaser.
    Third-party certifier (sometimes called third-party certifying body 
or product certifying body) means an independent third party that is 
accredited under ISO-IEC Standards 17025 and 17065 to perform 
certifications, inspections and audits by an accreditation body that is 
a full member signatory to the International Laboratory Accreditation 
Cooperation Mutual Recognition Arrangement and approved by the EPA for 
conducting certifications, inspections and audits under this subpart.
    Unseasoned wood means wood with an average moisture content of 20 
percent or more.
    Valid certification test means a test that meets the following 
criteria:
    (1) The Administrator was notified about the test in accordance with 
Sec. 60.5476(h);
    (2) The test was conducted by an approved test laboratory as defined 
in this section;
    (3) The test was conducted on a central heater similar in all 
material respects that would affect emissions as defined in this section 
to other central heaters of the model line that is to be certified; and
    (4) The test was conducted in accordance with the test methods and 
procedures specified in Sec. 60.5476.
    Wood heater under this subpart means an enclosed, wood burning-
appliance capable of and intended for residential central heating or 
central heating and domestic water heating. Unless otherwise specified, 
these devices include, but are not limited to, hydronic heaters and 
forced-air furnaces.



Sec. 60.5474  What standards and requirements must I meet and by when?

    (a) Standards. Unless exempted under Sec. 60.5472, no person is 
permitted to:
    (1) On or after May 15, 2015, manufacture, import into the United 
States or sell at retail a residential hydronic heater unless it has 
been certified to meet the 2015 particulate matter emission limits in 
paragraph (b)(1) of this section, except that a residential hydronic 
heater that was manufactured on or before May 15, 2015 may be imported 
into the United States and/or sold at retail on or before December 31, 
2015.
    (2) On or after May 15, 2020 manufacture or sell at retail a 
residential

[[Page 1246]]

hydronic heater unless it has been certified to meet the 2020 
particulate matter emission limit in paragraph (b)(2) or (b)(3) of this 
section.
    (3) On or after May 15, 2015, manufacture or sell at retail a 
residential forced-air furnace unless it complies with the work practice 
and operating standards in paragraphs (d), (e), (f) and (g) of this 
section and the owner's manual requirements in Appendix I.
    (4) On or after May 16, 2016, manufacture or sell at retail a small 
residential forced-air furnace unless it has been certified to meet the 
2016 particulate matter emission limits in paragraph (b)(4) of this 
section
    (5) On or after May 15, 2017 manufacture or sell at retail a large 
forced-air furnace unless it has been certified to meet the 2017 
particulate matter emission limits in paragraph (b)(5) of this section.
    (6) On or after May 15, 2020 manufacture or sell at retail a small 
or large residential forced-air furnace unless it has been certified to 
meet the 2020 particulate matter emission limit in paragraph (b)(6) of 
this section.
    (b)(1) 2015 residential hydronic heater particulate matter emission 
limit: A weighted average of 0.32 lb/mmBtu (0.137 g/MJ) heat output and 
a maximum per individual burn rate of 18.0 g/hr (0.041 lb/hr) as 
determined by the test methods and procedures in Sec. 60.5476 or an 
alternative crib wood or cord wood test method approved by the 
Administrator.
    (2) 2020 residential hydronic heater particulate matter emission 
limit: 0.10 lb/mmBtu (0.026 g/MJ) heat output per individual burn rate 
as determined by the crib wood test methods and procedures in Sec. 
60.5476 or an alternative crib wood test method approved by the 
Administrator .
    (3) 2020 residential hydronic heater cord wood alternative 
compliance option for particulate matter emission limit: 0.15 lb/mmBtu 
(0.026 g/MJ) heat output per individual burn rate as determined by the 
cord wood test methods and procedures in Sec. 60.5476 or an alternative 
cord wood test method approved by the Administrator.
    (4) 2016 small forced-air furnace particulate matter emission limit: 
A weighted average of 0.93 lb/mmBtu (0.40 g/MJ) heat output as 
determined by the test methods and procedures in Sec. 60.5476.
    (5) 2017 large forced-air furnace particulate matter emission limit: 
A weighted average of 0.93 lb/mmBtu (0.40 g/MJ) heat output as 
determined by the test methods and procedures in Sec. 60.5476.
    (6) 2020 forced-air furnace particulate matter emission limit: 0.15 
lb/mmBtu (0.026 g/MJ) heat output per individual burn rate as determined 
by the cord wood test methods and procedures in Sec. 60.5476 or cord 
wood test methods approved by the Administrator.
    (c) [Reserved]
    (d) Chip wood fuel requirements. Operators of wood central heaters, 
including hydronic heaters and forced-air furnaces, that are certified 
to burn chip wood fuels may only burn wood chips that have been 
specified in the owner's manual. The chip wood fuel must meet the 
following minimum requirements:
    (1) Moisture content: Less than 35 percent,
    (2) Inorganic fines: Less than or equal to 1 percent;
    (3) Chlorides: Less than or equal to 300 parts per million by 
weight;
    (4) Ash content: No more than 2 percent;
    (5) No demolition or construction waste; and
    (6) Trace metals: Less than 100 mg/kg.
    (e) Pellet fuel requirements. Operators of wood central heaters, 
including outdoor residential hydronic heaters, indoor residential 
hydronic heaters, and residential forced-air furnaces, that are 
certified to burn pellet fuels may only burn pellets that have been 
graded under a licensing agreement with a third-party organization 
approved by the EPA. The Pellet Fuels Institute, ENplus and CANplus are 
initially deemed to be approved third-party organizations for this 
purpose, and additional organizations may apply to the Administrator for 
approval. The pellet fuel must meet the following minimum requirements 
as assured through a quality assurance program licensed by a third-party 
organization approved by the EPA:

[[Page 1247]]

    (1) Density: Consistent hardness and energy content with a minimum 
density of 38 pounds/cubic foot;
    (2) Dimensions: Maximum length of 1.5 inches and diameter between 
0.230 and 0.285 inches;
    (3) Inorganic fines: Less than or equal to 1 percent;
    (4) Chlorides: Less than or equal to 300 parts per million by 
weight; and
    (5) Ash content: No more than 2 percent.
    (6) Contains no demolition or construction waste;
    (7) Trace metals: Less than 100 mg/kg; and
    (8) None of the prohibited fuels in paragraph (f) of this section.
    (f) Prohibited fuel types. No person is permitted to burn any of the 
following materials in an outdoor residential hydronic heater, indoor 
residential hydronic heater, residential forced-air furnace or other 
affected central heater:
    (1) Residential or commercial garbage;
    (2) Lawn clippings or yard waste;
    (3) Materials containing rubber, including tires;
    (4) Materials containing plastic;
    (5) Waste petroleum products, paints or paint thinners, or asphalt 
products;
    (6) Materials containing asbestos;
    (7) Construction or demolition debris;
    (8) Paper products; cardboard, plywood or particleboard. The 
prohibition against burning these materials does not prohibit the use of 
fire starters made from paper, cardboard, saw dust, wax and similar 
substances for the purpose of starting a fire in an affected central 
heater;
    (9) Railroad ties or pressure treated lumber;
    (10) Manure or animal remains;
    (11) Salt water driftwood or other or other previously salt water 
saturated materials;
    (12) Unseasoned wood;
    (13) Any materials that are not included in the warranty and owner's 
manual for the subject heater or furnace; or
    (14) Any materials that were not included in the certification tests 
for the subject heater or furnace.
    (g) Operation of affected wood heaters. A user must operate an 
outdoor residential hydronic heater, indoor residential hydronic heater, 
residential forced-air furnace or other affected central heater in a 
manner consistent with the owner's manual. The owner's manual must 
clearly specify that operation in a manner inconsistent with the owner's 
manual would void the warranty.
    (h) Temperature sensor requirement. An affected wood heater equipped 
with a catalytic combustor must be equipped with a temperature sensor 
that can monitor combustor gas stream temperatures within or immediately 
downstream [within 2.54 centimeters (1 inch)] of the catalytic combustor 
surface.



Sec. 60.5475  What compliance and certification requirements must I meet and by when?

    (a) Certification requirement. (1) Each affected residential 
hydronic heater, forced-air furnace and other central heater must be 
certified to be in compliance with the applicable emission standards and 
other requirements of this subpart. For each model line manufactured or 
sold by a single entity, e.g., company or manufacturer, compliance with 
applicable emission standards of Sec. 60.5474 must be determined based 
on testing of representative affected central heaters within the model 
line. If one entity licenses a model line to another entity, each 
entity's model line must be certified. If an entity intends to change 
the name of the entity or the name of the model, the manufacturer must 
apply for a new certification 60 days before making the change.
    (2) The manufacturer of each model line must submit the information 
required in paragraph (b) of this section and follow either the 
certification process in paragraphs (c) through (e) of this section (for 
forced-air furnaces) or the certification procedure specified in 
paragraph (f) of this section.
    (3) Models qualified as meeting the Phase 2 emission levels under 
the 2011 EPA hydronic heater partnership agreement are automatically 
deemed to have a certificate of compliance for the 2015 particulate 
matter emission

[[Page 1248]]

standards and be valid until the effective date for the 2020 particulate 
matter emission standards.
    (4) Models certified by the New York State Department of Environment 
and Conservation to meet the emission levels in Sec. 60.5474(b) are 
automatically deemed to have a certificate of compliance for the 2015 
particulate matter emission standards and be valid until the effective 
date for the 2020 particulate matter emission standards.
    (5) Models approved by the New York State Energy Research and 
Development Authority under the Renewable Heat New York (RHNY) Biomass 
Boiler Program are automatically deemed to have a certificate of 
compliance for the 2015 particulate matter emission standards and be 
valid until the effective date for the 2020 particulate matter emission 
standards provided that they comply with the thermal storage 
requirements in the RHNY program.
    (6) Small forced-air furnace models that are certified under CSA 
B415.1-10 (IBR, see Sec. 60.17), by an EPA approved third-party 
certifier, to meet the 2016 particulate matter emission level will be 
automatically deemed to have a certificate of compliance for the 2016 
particulate matter emission standards and be valid until the effective 
date for the 2020 particulate matter emission standards.
    (7) Large forced-air furnace models that are certified under CSA 
B415.1-10 (IBR, see Sec. 60.17), by an EPA approved third-party 
certifier, to meet the 2017 particulate matter emission level will be 
automatically deemed to have a certificate of compliance for the 2017 
particulate matter emission standards and be valid until the effective 
date of the 2020 particulate matter emission standards.
    (b) Application for a certificate of compliance. Any manufacturer of 
an affected residential hydronic heater or forced-air furnace or other 
central heater must apply to the Administrator for a certificate of 
compliance for each model line. The application must be submitted to: 
[email protected]. The application must be signed by a 
responsible representative of the manufacturer or an authorized 
representative and must contain the following:
    (1) The model name and/or design number. The model name and/or 
design number must clearly distinguish one model from another. The name 
and/or design number cannot include the EPA symbol or logo or name or 
derivatives such as ``EPA.''
    (2) 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 assembly or design 
drawings that have been prepared for other purposes, but must designate 
on the drawings the dimensions of each component listed in paragraph (k) 
of this section. Manufacturers must identify dimensions of components 
listed in paragraph (k)(2) of this section that are different from those 
specified in that paragraph, and show that such differences cannot 
reasonably be anticipated to cause central heaters in the model line to 
exceed the applicable emission limits. The drawings must identify how 
the emission critical parts, such as air tubes and catalyst, can be 
readily inspected and replaced.
    (3) A statement whether the firebox or any firebox component 
(including the materials listed in paragraph (k)(3) of this section) 
will be composed of material different from the material used for the 
firebox or firebox component in the central heater on which 
certification testing was performed and a description of any such 
differences and demonstration that any such differences may not 
reasonably be anticipated to adversely affect emissions or efficiency.
    (4) Clear identification of any claimed confidential business 
information (CBI). Submit such information under separate cover to the 
EPA CBI Office; Attn: Residential Wood Heater Compliance Program Lead, 
1200 Pennsylvania Ave. NW., Washington, DC 20004. Note that all 
emissions data, including all information necessary to determine 
emission rates in the format of the standard, cannot be claimed as CBI.
    (5) All documentation pertaining to a valid certification test, 
including the complete test report and, for all test

[[Page 1249]]

runs: Raw data sheets, laboratory technician notes, calculations and 
test results. Documentation must include the items specified in the 
applicable test methods. Documentation must include discussion of each 
test run and its appropriateness and validity, and must include detailed 
discussion of all anomalies, whether all burn rate categories were 
achieved, any data not used in the calculations and, for any test runs 
not completed, the data collected during the test run and the reason(s) 
that the test run was not completed. The documentation must show that 
the burn rate for the low burn rate category is no greater than the rate 
that an operator can achieve in home use and no greater than is 
advertised by the manufacturer or retailer. The test report must include 
a summary table that clearly presents the individual and overall 
emission rates, efficiencies and heat outputs. Submit the test report 
and all associated required information according to the procedures for 
electronic reporting specified in Sec. 60.5479(f).
    (6) A copy of the warranties for the model line, which must include 
a statement that the warranties are void if the unit is used to burn 
materials for which the unit is not certified by the EPA and void if not 
operated according to the owner's manual.
    (7) A statement that the manufacturer will conduct a quality 
assurance program for the model line that satisfies the requirements of 
paragraph (m) of this section.
    (8) A statement describing how the tested unit was sealed by the 
laboratory after the completion of certification testing and asserting 
that such unit will be stored by the manufacturer in the sealed state 
until 5 years after the certification test.
    (9) Statements that the central heater manufactured under this 
certificate will be--
    (i) Similar in all material respects that would affect emissions as 
defined in this subpart to the central heater submitted for 
certification testing, and
    (ii) Labeled as prescribed in Sec. 60.5478.
    (iii) Accompanied by an owner's manual that meets the requirements 
in Sec. 60.5478. In addition, a copy of the owner's manual must be 
submitted to the EPA and be available to the public on the 
manufacturer's Web site.
    (10) A statement that the manufacturer has entered into contracts 
with an approved laboratory and an approved third-party certifier that 
satisfy the requirements of paragraph (f) of this section.
    (11) A statement that the approved laboratory and approved third-
party certifier are allowed to submit information on behalf of the 
manufacturer, including any claimed to be CBI.
    (12) A statement that the manufacturer will place a copy of the 
certification test report and summary on the manufacturer's Web site 
available to the public within 30 days after the Administrator issues a 
certificate of compliance.
    (13) A statement of acknowledgment that the certificate of 
compliance cannot be transferred to another manufacturer or model line 
without written approval by the Administrator.
    (14) A statement acknowledging that it is unlawful to sell, 
distribute, or offer to sell or distribute an affected wood heater 
without a valid certificate of compliance.
    (15) Contact information for the responsible representative of the 
manufacturer and all authorized representatives, including name, 
affiliation, physical address, telephone number and email address.
    (c) Administrator approval process. (1) The Administrator may issue 
a certificate of compliance for a model line if the Administrator 
determines, based on all information submitted by the applicant and any 
other relevant information available, that:
    (i) A valid certification test demonstrates that the representative 
affected central heater complies with the applicable emission standards 
in Sec. 60.5474;
    (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 central 
heaters in the model line to exceed the applicable emission limits; and
    (iii) The requirements of paragraph (b) of this section have been 
met.

[[Page 1250]]

    (2) The Administrator will deny certification if the Administrator 
determines that the criteria in paragraph (c)(1) of this section have 
not been satisfied. Upon denying certification under this paragraph, the 
Administrator will give written notice to the manufacturer setting forth 
the basis for this determination.
    (d) Level of compliance certification. The Administrator will issue 
the certificate of compliance for the most stringent particulate matter 
emission standard that the tested representative central heater meets 
under Sec. 60.5474.
    (e) Conditional, temporary certificate of compliance. A conditional, 
temporary certificate of compliance with the Step 1 p.m. emission 
standards may be granted by the Administrator until May 16, 2016 for 
small or large forced-air furnaces based on the manufacturer's submittal 
of a complete certification application meeting all requirements in 
Sec. 60.5475(b). The application must include the full test report by 
an EPA-approved laboratory and all required compliance statements by the 
manufacturer with the exception of a certificate of conformity by an EPA 
approved third-party certifier. The conditional, temporary approval 
would allow early marketing of forced-air furnaces as having a 
conditional, temporary certificate of compliance with the Step 1 p.m. 
emission standards until May 16, 2016 or until the Administrator 
completes the review of the application, whichever is earlier.
    (f) Third-party certifier-based application process. (1) Any 
manufacturer of an affected central heater must apply to the 
Administrator for a certificate of compliance for each model line. The 
manufacturer must meet the following requirements:
    (i) The manufacturer must contract with a third-party certifier for 
certification services. The contract must include regular (at least 
annual) unannounced audits under ISO-IEC Standard 17065 to ensure that 
the manufacturer's quality assurance plan is being implemented. The 
contract must also include a report for each audit under ISO-IEC 
Standard 17065 that fully documents the results of the audit. The 
contract must include authorization and requirement for the third-party 
certifier to submit all such reports to the Administrator and the 
manufacturer within 30 days of the audit. The audit report must identify 
deviations from the manufacturer's quality assurance plan and specify 
the corrective actions that need to be taken to address each identified 
deficiency.
    (ii) The manufacturer must submit the materials specified in 
paragraph (b) of this section and a quality assurance plan that meets 
the requirements of paragraph (m) of this section to the third-party 
certifier. The quality assurance plan must ensure that units within a 
model line will be similar in all material respects that would affect 
emissions to the wood heater submitted for certification testing, and it 
must include design drawings for the model line.
    (iii) The manufacturer must apply to the third-party certifier for a 
certification of conformity with the applicable requirements of this 
subpart for the model line.
    (A) After testing by an approved test laboratory is complete, 
certification of conformity with the emission standards in Sec. 60.5474 
must be performed by the manufacturer's contracted third-party 
certifier.
    (B) The third-party certifier may certify conformity if the emission 
tests have been conducted per the appropriate guidelines: The test 
report is complete and accurate; the instrumentation used for the test 
was properly calibrated; the test report shows that the representative 
affected central heater meets the applicable emission limits specified 
in Sec. 60.5474; and the quality assurance plan is adequate to ensure 
that units within the model line will be similar in all material 
respects that would affect emissions to the central heater submitted for 
certification testing, and that the affected heaters would meet all 
applicable requirements of this subpart.
    (iv) The manufacturer must then submit to the Administrator an 
application for a certificate of compliance that includes the 
certification of conformity, quality assurance plan, test report and all 
supporting documentation specified in paragraph (b) of this section.

[[Page 1251]]

    (v) The submission also must include a statement signed by a 
responsible official of the manufacturer or authorized representative 
that the manufacturer has complied with and will continue to comply with 
all requirements of this subpart for certificate of compliance and that 
the manufacturer remains responsible for compliance regardless of any 
error by the test laboratory or third-party certifier.
    (2) The Administrator will issue to the manufacturer a certificate 
of compliance for a model line if it is determined, based on all of the 
information submitted in the application for certification and any other 
relevant information, that:
    (i) A valid certification of conformity has demonstrated that the 
representative affected central heater complies with the applicable 
emission standards in Sec. 60.5474;
    (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 be reasonably anticipated to cause central 
heaters in the model line to exceed the applicable emission limits;
    (iii) The requirements of paragraphs (b) of this section have been 
met; and
    (iv) A valid certificate of conformity for the model line has been 
prepared and submitted.
    (3) The Administrator will deny certification if the Administrator 
determines that the criteria in paragraph (f)(2) of this section have 
not been satisfied. Upon denying certification under this paragraph, the 
Administrator will give written notice to the manufacturer setting forth 
the basis for the determination.
    (g) Waiver from submitting test results. An applicant for 
certification may apply for a potential waiver of the requirement to 
submit the results of a certification test pursuant to paragraph (b) of 
this section, if the central heater meets either of the following 
conditions:
    (1) The central heaters of the model line are similar in all 
material respects that would affect emissions, as defined in Sec. 
60.5473 and paragraph (k) of this section, 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 central heaters 
of that design.
    (2) The manufacturer has previously conducted a valid certification 
test to demonstrate that the central heaters of the model line meet the 
applicable standard specified in Sec. 60.5474.
    (h) Certification period. Unless revoked sooner by the 
Administrator, a certificate of compliance will be valid for 5 years 
from the date of issuance or until a more stringent standard comes into 
effect, whichever is sooner.
    (i) Renewal of certification. (1) The manufacturer must renew a 
model line's certificate of compliance or recertify the model line every 
5 years, or the manufacturer may choose to no longer manufacture or sell 
that model line after the expiration date. If the manufacturer chooses 
to no longer manufacture that model line, then the manufacturer must 
submit a statement to the Administrator to that effect.
    (2) A manufacturer of an affected residential hydronic heater or 
forced-air furnace or other central heater may apply to the 
Administrator for potential renewal of its certificate of compliance by 
submitting the material specified in paragraph (b) and following the 
procedures specified in paragraph (f) of this section, or by affirming 
in writing that the central heaters in the model line continue to be 
similar in all material respects that would affect emissions to the 
representative central heater submitted for testing on which the 
original certificate of compliance was based and requesting a potential 
waiver from certification testing. The application must include a copy 
of the review of the draft application and approval by the third-party 
certifier.
    (3) If the Administrator grants a renewal of certification, the 
Administrator will give written notice to the manufacturer setting forth 
the basis for the determination and issue a certification renewal.
    (4) If the Administrator denies the request for a renewal of 
certification, the Administrator will give written notice

[[Page 1252]]

to the manufacturer setting forth the basis for the determination.
    (5) If the Administrator denies the request for a renewal of 
certification, the manufacturer and retailer must not manufacture or 
sell the previously-certified central heaters after the expiration date 
of the certificate of compliance.
    (j) [Reserved]
    (k) Recertification. (1) The manufacturer must recertify a model 
line whenever any change is made in the design submitted pursuant to 
paragraph (k)(2) of this section that affects or is presumed to affect 
the particulate matter emission rate for that model line. The 
manufacturer of an affected central heater must apply to the 
Administrator for potential recertification by submitting the material 
specified in paragraph (b) of this section and following the procedures 
specified in paragraph (f) of this section or by affirming in writing 
that the change will not cause the central heaters in the model line to 
exceed applicable emission limits and requesting a waiver from 
certification testing. The application for recertification must be 
reviewed and approved by the contracted third-party certifier and a copy 
of the review and approval must be included. The Administrator may waive 
this requirement upon written request by the manufacturer, if the 
manufacturer presents adequate rationale and the Administrator 
determines that the change may not reasonably be anticipated to cause 
central 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 design tolerances of any of the following 
components (where such components are applicable) is presumed to affect 
particulate matter and carbon monoxide emissions and efficiency 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 (c)(1)(ii) 
of this section:
    (i) Firebox: Dimensions;
    (ii) Air introduction systems: Cross-sectional area of restrictive 
air inlets and outlets, 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 catalyst 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 thermal shielding and thermal coverings: Dimensions and 
location;
    (x) Fuel feed system: For central heaters that are designed 
primarily to burn wood pellet fuel or wood chips and other central 
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 central 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 particulate matter emissions and efficiency:
    (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 particulate matter and carbon monoxide emissions and 
efficiency, unless the change has been requested by the central heater 
manufacturer and 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 matter emission reduction.
    (l) Criteria for revocation of certification. (1) The Administrator 
may revoke certification of a product line if it is determined that the 
central heaters being manufactured or sold in that

[[Page 1253]]

model line do not comply with the requirements of this subpart. Such a 
determination will be based on all available evidence, including but not 
limited to:
    (i) Test data from retesting of the original unit on which the 
certification test was conducted on a unit that is similar in all 
material respects that would affect emissions;
    (ii) A finding that the certification test was not valid. The 
finding will 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 central heater model line 
or the owner's manual or the associated marketing information does not 
comply with the requirements of Sec. 60.5478;
    (iv) Failure by the manufacturer to comply with the reporting and 
recordkeeping requirements of Sec. 60.5479;
    (v) Physical examination showing that a significant percentage (as 
defined in the quality assurance plan approved pursuant to paragraph (m) 
of this section, but no larger than 1 percent) of production units 
inspected is not similar in all material respects that would affect 
emissions to the representative affected central heater submitted for 
certification testing; or
    (vi) Failure of the manufacturer to conduct a quality assurance 
program in conformity with paragraph (m).
    (vii) Failure of the approved laboratory to test the central heater 
using the methods specified in Sec. 60.5476.
    (2) Revocation of certification under this paragraph (l) of this 
section will 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. 60.5481.
    (m) Quality assurance program. On or after May 16, 2016, for each 
certified model line, the manufacturer must conduct a quality assurance 
program that satisfies the requirements of paragraphs (m)(1) through (5) 
of this section.
    (1) The manufacturer must prepare and operate according to a quality 
assurance plan for each certified model line that includes specific 
inspection and testing requirements for ensuring that all units within a 
model line are similar in all material respects that would affect 
emissions to the central heater submitted for certification testing and 
meet the emissions standards in Sec. 60.5474.
    (2) The quality assurance plan must be approved by the third-party 
certifier as part of the certification of conformity process specified 
in paragraph (f) of this section.
    (3) The quality assurance plan must include regular (at least 
annual) unannounced audits by the third-party certifier under ISO-IEC 
Standard 17065 to ensure that the manufacturer's quality assurance plan 
is being implemented.
    (4) The quality assurance plan must include a report for each audit 
under ISO-IEC Standard 17065 that fully documents the results of the 
audit. The third-party certifier must be authorized and required to 
submit all such reports to the Administrator within 30 days of the 
audit. The audit report must identify deviations from the manufacturer's 
quality assurance plan and specify the corrective actions that need to 
be taken to address each identified deficiency.
    (5) Within 30 days after receiving each audit report, the 
manufacturer must report to the third-party certifier and to the 
Administrator its corrective actions and responses to any deficiencies 
identified in the audit report. No such report is required if an audit 
report did not identify any deficiencies.
    (n) EPA compliance audit testing. (1)(i) The Administrator may 
select by written notice central heaters or model lines for compliance 
audit testing to determine compliance with the emission standards in 
Sec. 60.5474.
    (ii) The Administrator will transmit a written notification of the 
selected central heaters or model line(s) to the manufacturer, which 
will include the name and address of the laboratory selected to perform 
the audit test and the model name and serial number of the central 
heater(s) or central heater model line(s) selected to undergo audit 
testing.
    (2)(i) The Administrator may test, or direct the manufacturer to 
have tested, the central heater(s) from the model

[[Page 1254]]

line(s) selected under paragraph (n)(1)(i) of this section in a 
laboratory approved under Sec. 60.5477. The Administrator may select 
any approved test laboratory or federal laboratory for this audit 
testing.
    (ii) The expense of the compliance audit test is the responsibility 
of the central heater manufacturer.
    (iii) The test must be conducted using the same test method used to 
obtain certification. If the certification test consisted of more than 
one particulate matter sampling test method, the Administrator may 
direct the manufacturer and test laboratory as to which of these methods 
to use for the purpose of audit testing. The Administrator will notify 
the manufacturer at least 30 days prior to any test under this 
paragraph, and allow the manufacturer and/or his authorized 
representatives to observe the test.
    (3) Revocation of certification. (i) If emissions from a central 
heater tested under paragraph (n)(2) of this section exceed the 
applicable emission standard by more than 50 percent using the same test 
method used to obtain certification, the Administrator will 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 will remain in 
effect until withdrawn by the Administrator, or the date 30 days from 
its effective date if a revocation notice under paragraph (n)(3)(ii) of 
this section is not issued within that period, or the date of final 
agency action on revocation, whichever occurs earliest.
    (ii)(A) If emissions from a central heater tested under paragraph 
(n)(2) of this section exceed the applicable emission limit, the 
Administrator will notify the manufacturer that certification is revoked 
for that model line.
    (B) A notice under paragraph (n)(3)(ii)(A) of this section will 
become final and effective 60 days after the date of written 
notification to the manufacturer, unless it is withdrawn, a hearing is 
requested under Sec. 60.5481(a)(2), 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 6 months, by agreeing to a voluntary suspension of 
certification.
    (iii) Any notification under paragraph (n)(3)(i) or (ii) of this 
section will include a copy of a preliminary test report from the 
approved test laboratory or federal test laboratory. The test laboratory 
must provide a preliminary test report to the Administrator within 14 
days of the completion of testing, if a central heater exceeds the 
applicable emission limit in Sec. 60.5474. The test laboratory must 
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 
(n)(3)(ii) of this section, the manufacturer may request that up to four 
additional central heaters from the same model line be tested at the 
manufacturer's expense, at the test laboratory that performed the 
emissions test for the Administrator.
    (v) Whether or not the manufacturer proceeds under paragraph 
(n)(3)(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 must bear the 
expense of any additional testing.
    (vi) The Administrator will withdraw any notice issued under 
paragraph (n)(3)(ii) of this section if tests under paragraph (n)(3)(iv) 
of this section show either--
    (A) That exactly four additional central heaters were tested for the 
manufacturer and all four met the applicable emission limits; or
    (B) That exactly two additional central heaters were tested for the 
manufacturer and each of them met the applicable emission limits and the 
average emissions of all three tested heaters (the original audit heater 
and the two additional heaters) met the applicable emission limits.

[[Page 1255]]

    (vii) If the Administrator withdraws a notice pursuant to paragraph 
(n)(3)(vi) of this section, the Administrator will revise the 
certification values for the model line based on the test data and other 
relevant information. The manufacturer must then revise the labels and 
marketing information accordingly.
    (viii) 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 (n)(3)(iv) of 
this section and/or (n)(3)(v) of this section or by any other relevant 
information available to the Administrator.



Sec. 60.5476  What test methods and procedures must I use to determine compliance with the standards and requirements for certification?

    Test methods and procedures specified in this section or in 
appendices of this part, except as provided under Sec. 60.8(b), must be 
used to determine compliance with the standards and requirements for 
certification under Sec. Sec. 60.5474 and 60.5475 and for reporting 
carbon monoxide emissions and efficiency. The EPA will post all approved 
alternative test methods on the EPA Web site. The manufacturer or the 
manufacturer's authorized representative must submit a summary and the 
full test report with all supporting information, including detailed 
discussion of all anomalies, whether all burn rate categories were 
properly achieved, any data not used in the calculations and, for any 
test runs not completed, the data that were collected and the reason 
that the test run was not completed. The burn rate for the low burn rate 
category must be no greater than the rate that an operator can achieve 
in home use and no greater than is advertised by the manufacturer or 
retailer.
    (a) Canadian Standards Administration (CSA) Method B415.1-10, 
sections 13.7-13.10 (IBR, see Sec. 60.17), must be used to measure the 
thermal efficiency and CO emissions of outdoor and indoor residential 
hydronic heaters and forced-air furnaces, except that the burn rates 
specified in Method 28WHH must be used for hydronic heaters.
    (b) Testing conducted with continuously fed biomass as the fuel(s) 
must be conducted according to the relevant section of the ASTM E2618-13 
(IBR, see Sec. 60.17) or adaptations approved by EPA. The EPA will post 
all approved alternative test methods on the EPA Web site.
    (c)(1) For outdoor and indoor residential hydronic heaters to be 
tested under the 2015 particulate matter emission standards in Sec. 
60.5474(b)(1), the manufacturer must have an EPA-approved test 
laboratory use:
    (i) Method 28WHH;
    (ii) Method 28WHH PTS;
    (iii) ASTM E2618-13 (IBR, see Sec. 60.17) (using crib wood); or
    (iv) EN 303-5 (IBR, see Sec. 60.17), only for units sold with 
thermal storage.
    (2) For outdoor and indoor residential hydronic heaters to be tested 
under the 2020 particulate matter emission standards in Sec. 
60.5474(b)(2), the manufacturer must have an EPA-approved test 
laboratory use:
    (i) Method 28WHH;
    (ii) Method 28WHH PTS; or
    (iii) ASTM E2618-13 (IBR, see Sec. 60.17) (using crib wood).
    (3) If the heater is equipped with full or partial heat storage, the 
manufacturer, retailer and installer must not sell or install the heater 
with less heat storage capacity than is used in the certification test.
    (4) The manufacturer and approved laboratory must make the following 
adjustments to the methods listed in paragraphs (a), (c)(1) and (2) of 
this section:
    (i) For ASTM E2618-13 (IBR, see Sec. 60.17), the burn rate 
categories specified in Method 28WHH must be used;
    (ii) For EN 303-5 (IBR, see Sec. 60.17), the organic compounds must 
be included as part of the PM.
    (iii) For ASTM 2618-13 (IBR, see Sec. 60.17) Appendix A1 for full 
thermal storage certification tests, the test must use the large scale 
as required in the test method unless the manufacturer requests a 
variance, in advance of testing, contingent upon measuring flue gas 
temperature, oxygen and CO, using a simple electronic spreadsheet 
calculator to estimate efficiency and

[[Page 1256]]

conducting a comparison to the delivered efficiency to determine if a 
more detailed examination should be made.
    (5) For particulate matter emission concentrations measured with 
ASTM E2515-11 (IBR, see Sec. 60.17), four-inch filters and Teflon 
membrane filters or Teflon-coated glass fiber filters may be used.
    (6) For all tests conducted using ASTM 2515-11 (IBR, see Sec. 
60.17) pursuant to this section, the manufacturer and approved test 
laboratory must also measure the first hour of particulate matter 
emissions for each test run using a separate filter in one of the two 
parallel trains. The manufacturer and approved test laboratory must 
report the test results for the first hour separately and also include 
them in the total particulate matter emissions per run.
    (d)(1) For hydronic heaters subject to the 2020 cord wood 
alternative compliance option specified in Sec. 60.5474(b)(3), the 
manufacturers must have the approved laboratory conduct cord wood 
testing using the test methods listed below:
    (i) Method 28WHH;
    (ii) Method 28WHH PTS; or
    (iii) ASTM E2618-13 (IBR, see Sec. 60.17) (using cord wood).
    (2) If the heater is equipped with full or partial heat storage, the 
manufacturer, retailer and installer must not sell or install the heater 
with less heat storage capacity than is used in the certification test.
    (3) The manufacturer and approved laboratory must make the following 
adjustments to the methods listed in (d)(1) of this section:
    (i) For ASTM E2618-13 (IBR, see Sec. 60.17), use the burn rate 
categories specified in Method 28WHH;
    (ii) For all methods, report the results separately per burn rate 
category.
    (e) For forced-air furnaces, use CSA Method B415.1-10 (IBR, see 
Sec. 60.17) to measure the heat output (mmBtu/hr) and particulate 
matter emission rate (lb/mmBtu heat output), except use the burn rate 
categories in Method 28WHH for the 2020 particulate matter emission 
standards. For the 2020 particulate matter emission standards, report 
the particulate matter, efficiency and CO emission results separately 
per burn rate category.
    (f) For affected wood heaters subject to the particulate matter 
emission standards, emission concentrations must be measured with ASTM 
E2515-11 (IBR, see Sec. 60.17), except for the 2015 certification tests 
using EN303-5 (IBR, see Sec. 60.17). As required in paragraph 
(c)(4)(ii) of this section, the manufacturer and approved laboratory 
must add the organic gases to the PM for EN 303-5. Four-inch filters and 
Teflon membrane filters or Teflon-coated glass fiber filters may be used 
in ASTM E2515-11. Method 5H is not allowed for certification testing.
    (g) Douglas fir may be used in ASTM E2618-13 and CSA B415.1-10 (IBR, 
see Sec. 60.17).
    (h) The manufacturer of an affected central heater model line must 
notify the Administrator of the date that certification testing is to 
begin, by email, to [email protected]. This notice must be at 
least 30 days before the start of testing. The notification of testing 
must include the manufacturer's name and physical and email addresses, 
the approved test laboratory's name and physical and email addresses, 
third-party certifier name, the model name and number (or, if 
unavailable, some other way to distinguish between models), and the 
dates of testing. The laboratory may substitute certification testing of 
another affected central heater on the original date in order to ensure 
regular laboratory testing operations.
    (i) The approved test laboratory must allow the manufacturer, the 
manufacturer's approved third-party certifier, the EPA and delegated 
state regulatory agencies to observe certification testing. However, 
manufacturers must not involve themselves in the conduct of the test 
after the pretest burn has begun. Communications between the 
manufacturer and laboratory or third-party certifier personnel regarding 
operation of the central heater must be limited to written 
communications transmitted prior to the first pretest burn of the 
certification series. During certification tests, the manufacturer may 
communicate with laboratory personnel only in writing and only to notify 
them that the manufacturer has

[[Page 1257]]

observed a deviation from proper test procedures. All communications 
must be included in the test documentation required to be submitted 
pursuant to Sec. 60.5475(b)(5) and must be consistent with instructions 
provided in the owner's manual required under Sec. 60.5478(f), except 
to the extent that they address details of the certification tests that 
would not be relevant to owners or regulators.



Sec. 60.5477  What procedures must I use for EPA approval of a test laboratory or EPA approval of a third-party certifier?

    (a) Test laboratory approval. (1) A laboratory must apply to the 
Administrator for approval to test under this rule by submitting 
documentation that the laboratory is accredited by a nationally 
recognized accrediting entity under ISO-IEC Standard 17025 to perform 
testing using the test methods specified under Sec. 60.5476. 
Laboratories accredited by EPA prior to May 15, 2015 may have until May 
15, 2018 to submit documentation that they have accreditation under ISO-
IEC Standard 17025 to perform testing using the test methods specified 
under Sec. 60.5476. ISO accreditation is required for all other 
laboratories performing hydronic heater testing beginning on May 15, 
2015, and performing forced-air furnace testing beginning on November 
16, 2015.
    (2) As part of the application, the test laboratory must:
    (i) Agree to participate biennially in an independently operated 
proficiency testing program with no direct ties to the laboratories 
participating;
    (ii) Agree to allow the Administrator, regulatory agencies and 
certifying bodies access to observe certification testing;
    (iii) Agree to comply with calibration, reporting and recordkeeping 
requirements that affect testing laboratories; and
    (iv) Agree to perform a compliance audit test at the manufacturer's 
expense at the testing cost normally charged to such manufacturer if the 
laboratory is selected by the Administrator to conduct the compliance 
audit test of the manufacturer's model line. The test laboratory must 
provide a preliminary audit test report to the Administrator within 14 
days of the completion of testing, if a central heater exceeds the 
applicable emission limit in Sec. 60.5474. The test laboratory must 
provide the Administrator and the manufacturer, within 30 days of the 
completion of audit 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.
    (v) Have no conflict of interest and receive no financial benefit 
from the outcome of certification testing conducted pursuant to Sec. 
60.5475.
    (vi) Agree to not perform initial certification tests on any models 
manufactured by a manufacturer for which the laboratory has conducted 
research and development design services within the last 5 years.
    (vii) Agree to seal any wood heater on which it performed 
certification tests, immediately upon completion or suspension of 
certification testing, by using a laboratory-specific seal.
    (viii) Agree to immediately notify the Administrator of any 
suspended tests through email and in writing, giving the date suspended, 
the reason(s) why, and the projected date for restarting. The laboratory 
must submit the operation and test data obtained, even if the test is 
not completed.
    (3) If the EPA approves the laboratory, the Administrator will 
provide the test laboratory with a certificate of approval for testing 
under this rule. If the EPA does not approve the laboratory, the 
Administrator will give written notice to the laboratory setting forth 
the basis for the determination.
    (b) Revocation of test laboratory approval. (1) The Administrator 
may revoke the EPA laboratory approval if it is determined that the 
laboratory:
    (i) Is no longer accredited by the accreditation body;
    (ii) Does not follow required procedures or practices;
    (iii) Has falsified data or otherwise misrepresented emission data;
    (iv) Failed to participate in a proficiency testing program, in 
accordance with its commitment under paragraph (a)(2)(i) of this 
section; or
    (v) Failed to seal the central heater in accordance with paragraph 
(a)(2)(vii) of this section.

[[Page 1258]]

    (2) Revocation of approval under this paragraph (b) will 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. 60.5481. However, if 
revocation is ultimately upheld, all tests conducted by the laboratory 
after written notice was given will, at the discretion of the 
Administrator, be declared invalid.
    (c) Period of test laboratory approval. (1) With the exception of 
laboratories meeting the provisions of paragraph (c)(2) of this section, 
and unless revoked sooner, a certificate of approval for testing under 
this rule is valid for 5 years from the date of issuance.
    (2) Laboratories accredited by the EPA by May 15, 2015, under the 
provisions of Sec. 60.535 as in effect prior to that date may continue 
to be EPA accredited and deemed EPA approved for testing under this 
subpart until May 15, 2018, at which time the EPA accreditation and 
approval ends unless the laboratory has obtained accreditation under 
Sec. 60.5477 as in effect on that date.
    (d) Third-party certifier approval. (1) A Third-party certifier may 
apply to the Administrator for approval to be an EPA-approved third-
party certifier by submitting credentials demonstrating that it has been 
accredited by a nationally recognized accrediting entity to perform 
certifications and inspections under ISO-IEC Standard 17025, ISO-IEC 
Standard 17065 and ISO-IEC Standard 17020.
    (2) As part of the application, the third-party certifier must:
    (i) Agree to offer to contract with central heater manufacturers to 
perform third-party certification activities according to the 
requirements set out in this subpart.
    (ii) Agree to periodically conduct audits as described in Sec. 
60.5475(m) and the manufacturer's quality assurance program;
    (iii) Agree to comply with reporting and recordkeeping requirements 
that affect approved central heater testing laboratories and third-party 
certifiers;
    (iv) Have no conflict of interest and receive no financial benefit 
from the outcome of certification testing conducted pursuant to Sec. 
60.5475;
    (v) Agree to make available to the Administrator supporting 
documentation for each central heater certification and audit; and
    (vi) Agree to not perform initial certification reviews on any 
models manufactured by a manufacturer for which the third-party 
certifier has conducted research and development design services within 
the last 5 years.
    (3) If approved, the Administrator will provide the third-party 
certifier with a certificate of approval. The approval will expire 5 
years after being issued unless renewed by the third-party certifier. If 
the EPA denies the approval, the Administrator will give written notice 
to the third-party certifier for the basis for the determination.
    (e) Revocation of third-party certifier approval. (1) The 
Administrator will revoke the third-party certifier's EPA approval if it 
is determined that the certifier:
    (i) Is no longer accredited by the accreditation body;
    (ii) Does not follow required procedures or practices; or
    (iii) Has falsified certification data or otherwise misrepresented 
emission data.
    (2) Revocation of approval under this paragraph (e) will not take 
effect until the certifier concerned is given written notice by the 
Administrator setting forth the basis for the proposed determination and 
an opportunity for a hearing under Sec. 60.5481. However, if revocation 
is upheld, all certifications by the certifier after written notice was 
given will, at the discretion of the Administrator, be declared invalid.



Sec. 60.5478  What requirements must I meet for permanent labels, temporary labels (hangtags), and owner's manuals?

    (a) General permanent label requirements. (1) Each affected central 
heater manufactured or sold on or after the date the applicable 
standards come into effect as specified in Sec. 60.5474, must have a 
permanent label affixed to it that meets the requirements of this 
section.
    (2) The permanent label must contain the following information:

[[Page 1259]]

    (i) Month and year of manufacture of the individual unit;
    (ii) Model name and number;
    (iii) Certification test emission value, test method, and standard 
met; and
    (iv) Serial number.
    (3) The permanent label must:
    (i) Be affixed in a readily visible or accessible location in such a 
manner that it can be easily viewed before and after the appliance is 
installed (a easily removable fa[ccedil]ade can be used for aesthetic 
purposes);
    (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 
central heater;
    (iv) Present the required information in a manner so that it is 
likely to remain legible for the lifetime of the central heater; and
    (v) Be affixed in such a manner that it cannot be removed without 
damage to the label.
    (4) The permanent label may be combined with any other label, as 
long as the required information is displayed, the integrity of the 
permanent label is not compromised, and the permanent label meets the 
requirements of Sec. 60.5478(a)(3).
    (5) Any label statement under paragraph (b) of this section 
constitutes a representation by the manufacturer as to any central 
heater that bears it:
    (i) That a certification of compliance was in effect at the time the 
central heater left the possession of the manufacturer;
    (ii) That the manufacturer was, at the time the label was affixed, 
conducting a quality assurance program in conformity with Sec. 
60.5475(m); and
    (iii) That all the central heaters individually tested for emissions 
by the manufacturer under its quality assurance program pursuant to 
Sec. 60.5475(m) met the applicable emissions limit.
    (b) Permanent label requirements for central heaters. If a central 
heater belongs to a model line certified under Sec. 60.5475, and no 
unit in the model line has been found to exceed the applicable emission 
limits or tolerances through quality assurance testing, one of the 
following statements, as appropriate, must appear on the permanent 
label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with the 2015 
particulate emission standards. Not approved for sale after May 15, 
2020'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with the 2016 
particulate emission standards. Not approved for sale after May 15, 
2020'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with the 2017 
particulate emission standards. Not approved for sale after May 15, 
2020'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with the 2020 
particulate emission standards using crib wood.'' or
``U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with the 2020 
particulate emission standards using cord wood.''

    (c) Additional permanent label content. The permanent label for all 
certified central heaters must also contain the following statement on 
the permanent label:

``This appliance needs periodic inspection and repair for proper 
operation. Consult owner's manual for further information. It is against 
federal regulations to operate this appliance in a manner inconsistent 
with operating instructions in the owner's manual.''

    (d) Permanent label requirements for affected wood heaters with 
exemptions under Sec. 60.5472(b). (1) If an affected central heater is 
manufactured in the United States for export as provided in Sec. 
60.5472(b)(1), the following statement must appear on the permanent 
label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Export appliance. May not be sold 
or operated in the United States.''

    (2) If an affected central heater is manufactured for use for 
research and development purposes as provided in Sec. 60.5472(b)(2), 
the following statement must appear on the permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY Not certified. Research 
Appliance. Not approved for sale or for operation other than for 
research.''

    (3) If an affected central heater is a non wood-burning central 
heater exclusively as provided in Sec. 60.5472(b)(3), the following 
statement must appear on the permanent label:

``U.S. ENVIRONMENTAL PROTECTION AGENCY This appliance is not certified 
for

[[Page 1260]]

wood burning. Use of any wood fuel is a violation of federal 
regulations.''

    (e) Temporary label (hangtag) voluntary options. (1) Each model line 
certified to meet the 2020 particulate emission standards prior to May 
15, 2020 may display the hangtags specified in section 3 of appendix I 
of this part. The electronic template will be provided by the 
Administrator upon approval of the certification.
    (2) The hangtags in paragraph (e)(1) of this section end upon May 
15, 2020.
    (3) Each model certified to meet the 2020 Cord Wood Alternative 
Compliance Option may display the cord wood temporary label specified in 
section 3 of appendix I of this part. The electronic template will be 
provided by the Administrator upon approval of the certification.
    (f) Owner's manual requirements. (1) Each affected central heater 
offered for sale by a commercial owner must be accompanied by an owner's 
manual that must contain the information listed in paragraph (f)(2) of 
this section (pertaining to installation), and paragraph (f)(3) of this 
section (pertaining to operation and maintenance). Such information must 
be adequate to enable consumers to achieve optimal emissions 
performance. Such information must be consistent with the operating 
instructions provided by the manufacturer to the approved test 
laboratory for operating the central heater during certification 
testing, except for details of the certification test that would not be 
relevant to the ultimate user. The commercial owner must also make 
current and historical owner's manuals available on the company Web site 
and upon request to the EPA.
    (2) Guidance on proper installation information, including stack 
height, heater location and achieving proper draft.
    (3) Proper operation and maintenance information, including 
minimizing visible emissions.
    (i) Fuel loading and re-loading procedures, recommendations on fuel 
selection and warnings on what fuels not to use, such as unseasoned 
wood, treated wood, colored paper, cardboard, solvents, trash and 
garbage;
    (ii) Fire starting procedures;
    (iii) Proper use of air controls, including how to establish good 
combustion and how to ensure good combustion at the lowest burn rate for 
which the heater is warranted;
    (iv) Ash removal procedures;
    (v) Instructions for replacement of gaskets and other parts that are 
critical to the emissions performance of the unit and other maintenance 
and repair instructions;
    (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;
    (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 federal 
regulations to operate this wood heater in a manner inconsistent with 
operating instructions in this manual, or if the catalytic element is 
deactivated or removed''; and

    (viii) For noncatalytic models, the following statement--

``This wood heater needs periodic inspection and repair for proper 
operation. It is against federal regulations to operate this wood heater 
in a manner inconsistent with operating instructions in this manual.''

    (4) Any manufacturer using the EPA-recommended language contained in 
appendix I of this part to satisfy any requirement of this paragraph (f) 
will be considered to be in compliance with 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.
    (g) Central heaters that are affected by this subpart, but that have 
been owned and operated by a noncommercial owner, are not subject to 
paragraphs (e) and (f) of this section when offered for resale.



Sec. 60.5479  What records must I keep and what reports must I submit?

    (a)(1) Each manufacturer who holds a certificate of compliance 
pursuant to Sec. 60.5475(a)(2) for a model line must

[[Page 1261]]

maintain records containing the information required by paragraphs 
(a)(2) through (4) of this section with respect to that model line for 
at least 5 years.
    (2) 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, and discussions of the appropriateness and validity 
of all test runs, including runs attempted but not completed. The 
retained certification test documentation must include, as applicable, 
detailed discussions of all anomalies, whether all burn rate categories 
were properly achieved, any data not used in the calculations and, for 
any test runs not completed, the data that were collected and the reason 
that the test run was not completed. The retained certification test 
also must include documentation that the burn rate for the low burn 
category was no greater than the rate that an operator can achieve in 
home use and no greater than is advertised by the manufacturer or 
retailer.
    (3) Results of the quality assurance program inspections required 
pursuant to Sec. 60.5475(m).
    (4) For emissions tests conducted pursuant to the quality assurance 
program required by Sec. 60.5475(m), all test reports, data sheets, 
laboratory technician notes, calculations, and test results for all test 
runs, the corrective actions taken, if any, and any follow-up actions 
such as additional testing.
    (b) Each approved test laboratory and third-party certifier must 
maintain records consisting of all documentation pertaining to each 
certification test, quality assurance program inspection and audit test, 
including the full test report and raw data sheets, technician notes, 
calculations, the test results for all test runs. Each approved test 
laboratory must submit accreditation credentials and all proficiency 
test results to the Administrator. Each third-party certifier must 
submit each certification test, quality assurance program inspection 
report and ISO-IEC accreditation credentials to the Administrator.
    (c) Each manufacturer must retain each central heater upon which 
certification tests were performed and certification granted under Sec. 
60.5475(a)(2) at the manufacturer's facility for 5 years after the 
certification test. Each central heater must remain sealed and 
unaltered. Any such central heater must be made available upon request 
to the Administrator for inspection and testing.
    (d) Each manufacturer of an affected central heater model line 
certified pursuant to Sec. 60.5475(a)(2) must submit a report to the 
Administrator every 2 years following issuance of a certificate of 
compliance for each model line. This report must include the sales for 
each model by state and certify that no changes in the design or 
manufacture of the model line have been made that require 
recertification pursuant to Sec. 60.5475(k).
    (e)(1) Unless otherwise specified, all records required under this 
section must be maintained by the manufacturer, commercial owner of the 
affected central heater, approved test laboratory or third-party 
certifier for a period of no less than 5 years.
    (2) Unless otherwise specified, all reports to the Administrator 
required under this subpart must be made to: [email protected].
    (f) Within 60 days after the date of completing each performance 
test (e.g., initial certification test, tests conducted for quality 
assurance and tests for renewal or recertification), each manufacturer 
must submit performance test data electronically to 
[email protected]. Owners or operators who claim that some of 
the information being submitted for performance tests is CBI (e.g., 
design drawings) must submit a complete file, including information 
claimed to be CBI on a compact disk or other commonly used electronic 
storage media (including, but not limited to, flash drives), by mail, 
and the same file with the CBI omitted, electronically. The compact disk 
must be clearly marked as CBI and mailed to U.S. EPA, OECA CBI Office, 
Attention: Residential Wood Heater Compliance Program, Washington, DC 
20004. Emission data

[[Page 1262]]

and all information necessary to determine compliance, except sensitive 
engineering drawings and sensitive detailed material specifications, 
cannot be claimed as CBI.
    (g) Within 30 days of receiving a certification of compliance for a 
model line, the manufacturer must make the full non-CBI test report and 
the summary of the test report available on the manufacturer's Web site.
    (h) Each manufacturer who uses the exemption for R&D heaters under 
Sec. 60.5472(b)(2) must maintain records for at least 5 years 
documenting where the heaters were located, that the heaters were never 
offered for sale or sold and that the heaters were not used for the 
purpose of heating.



Sec. 60.5480  What activities are prohibited under this subpart?

    (a) No person is permitted to advertise for sale, offer for sale, 
sell or operate an affected residential hydronic heater or forced-air 
furnace or other central heater that does not have affixed to it a 
permanent label pursuant to Sec. 60.5478(b) through (d), as applicable.
    (b) No person is permitted to advertise for sale, offer for sale, or 
sell an affected central heater labeled under Sec. 60.5478(d)(1) except 
for export. No person is permitted to operate an affected central heater 
in the United States if it is labeled under Sec. 60.5478(d)(1).
    (c)(1) No commercial owner is permitted to advertise for sale, offer 
for sale, or sell an affected central heater permanently labeled under 
Sec. 60.5478(b) unless:
    (i) The affected appliance has been certified to comply with the 
particulate emission standards pursuant to Sec. 60.5474 as applicable; 
and
    (ii) The commercial owner provides any purchaser or transferee with 
an owner's manual that meets the requirements of Sec. 60.5478(f), a 
copy of the warranty and a moisture meter.
    (2) A commercial owner other than a manufacturer complies with the 
requirements of paragraph (c)(1) of this section if the commercial 
owner:
    (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 
central heater that it covers is sold or transferred.
    (d)(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. 
60.5475(l)(1)(ii) that the certification test was not valid, the 
Administrator may give notice of that revocation and the grounds for it 
to all commercial owners.
    (2) On and after the date of receipt of the notice given under 
paragraph (d)(1) of this section, no commercial owner is permitted to 
sell any central heater covered by the revoked certificate (other than 
to the manufacturer) unless the model line has been recertified in 
accordance with this subpart.
    (e) No person is permitted to install or operate an affected central 
heater except in a manner consistent with the instructions on its 
permanent label and in the owner's manual pursuant to Sec. 60.5478(f), 
including only using fuels for which the unit is certified.
    (f) No person is permitted to operate, sell or offer for sale an 
affected central heater that was originally equipped with a catalytic 
combustor if the catalytic element is deactivated or removed.
    (g) No person is permitted to operate, sell or offer for sale an 
affected central heater that has been physically altered to exceed the 
tolerance limits of its certificate of compliance, pursuant to Sec. 
60.5475(k).
    (h) No person is permitted to alter, deface, or remove any permanent 
label required to be affixed pursuant to Sec. 60.5478(a) through (d), 
as applicable.
    (i) If a temporary label is affixed to the central heater, retailers 
may not sell or offer for sale that central heater unless the temporary 
label affixed is in accordance with Sec. 60.5478(e), as applicable.



Sec. 60.5481  What hearing and appeal procedures apply to me?

    (a)(1) The affected manufacturer, laboratory or third-party 
certifier may request a hearing under this section within 30 days 
following receipt of the required notification in any case where the 
Administrator--

[[Page 1263]]

    (i) Denies an application for a certificate of compliance under 
Sec. 60.5475 (a)(2);
    (ii) Denies an application for a renewal of certification under 
Sec. 60.5475(i);
    (iii) Issues a notice of revocation of certification under Sec. 
60.5475(l);
    (iv) Denies an application for laboratory approval under Sec. 
60.5477(a);
    (v) Issues a notice of revocation of laboratory approval under Sec. 
60.5477(b).
    (vi) Denies an application for third-party certifier approval under 
Sec. 60.5477(d); or
    (vii) Issues a notice of revocation of third-party certifier 
approval under Sec. 60.5477(e).
    (2) In any case where the Administrator issues a notice of 
revocation under Sec. 60.5475(n)(3)(ii), the manufacturer may request a 
hearing under this section with the time limits set out in Sec. 
60.5475(n)(3)(ii).
    (b) Any hearing request must be in writing, must be signed by an 
authorized representative of the petitioning manufacturer or laboratory, 
and must 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 will 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 will 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 will 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 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 
intervener 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 intervener will 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 must state his interest and the 
reasons why the proposed amicus brief is desirable. If the motion is 
granted, the Presiding Officer or Administrator will issue an order 
setting the time for filing such brief. An amicus curia may participate 
in any briefing after his motion is granted, and will 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 will not be included. Saturdays, Sundays, and federal legal holidays 
will be included. When a stated time expires on a Saturday, Sunday or 
legal holiday, the stated time period will be extended to include the 
next business day.
    (d)(1) Upon his appointment the Presiding Officer must establish a 
hearing file. The file will consist of the notice issued by the 
Administrator under Sec. 60.5475(c)(2), Sec. 60.5475(f)(3), Sec. 
60.5475(i)(4), Sec. 60.5475(l)(2),

[[Page 1264]]

Sec. 60.5475(n)(3)(ii)(A), Sec. 60.5477(a)(3), Sec. 60.5477(b)(2), 
Sec. 60.5477(d)(3) or Sec. 60.5477(e)(2), 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 approval, or the proposed revocation of either.
    (2) The hearing file must 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; and
    (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 must 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 will 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 must 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 must, upon a showing satisfactory to 
the Presiding Officer of their authenticity, relevancy and materiality, 
be received in evidence and will constitute a part of the record.
    (h)(1) The Presiding Officer will make an initial decision which 
must 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 
must be provided to the parties and made a part of the record. The 
initial decision will become the decision of the Administrator without 
further proceedings unless there is an appeal to the Administrator or 
motion for review by the Administrator. Except as provided in paragraph 
(h)(3) of this section, any such appeal must be taken within 20 days of 
the date the initial decision was filed.
    (2) On appeal from or review of the initial decision the 
Administrator will have all the powers which he would have in making the 
initial decision including the discretion to require or allow briefs, 
oral argument, the taking of additional evidence or the remanding to the 
Presiding Officer for additional proceedings. The decision by the 
Administrator must 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 must render the initial decision within 60 days of 
that request. Any appeal to the Administrator must be taken within 10 
days of the initial decision, and the Administrator must render a 
decision in that appeal within 30 days of the filing of the appeal.

[[Page 1265]]



Sec. 60.5482  Who implements and enforces this subpart?

    (a) Under section 111(c) of the Clean Air Act, the Administrator may 
delegate the following implementation and enforcement authority to a 
state, local or tribal authority upon request:
    (1) Enforcement of prohibitions on the installation and operation of 
affected central heaters in a manner inconsistent with the installation 
and owner's manual;
    (2) Enforcement of prohibitions on operation of catalytic central 
heaters where the catalyst has been deactivated or removed;
    (3) Enforcement of prohibitions on advertisement and/or sale of 
uncertified model lines;
    (4) Enforcement of prohibitions on advertisement and/or sale of 
affected central heaters that do not have required permanent label;
    (5) Enforcement of proper labeling of affected central heaters;
    (6) Enforcement of compliance with other labeling requirements for 
affected central heaters.
    (7) Enforcement of certification testing procedures;
    (8) Enforcement of requirements for sealing of the tested central 
heaters and meeting parameter limits; and
    (9) Enforcement of compliance requirements of EPA-approved 
laboratories.
    (b) Delegations shall not include:
    (1) Decisions on certification;
    (2) Revocation of certification;
    (3) Establishment or revision of standards;
    (4) Establishment or revision of test methods;
    (5) Laboratory and third-party certifier approvals and revocations;
    (6) Enforcing provisions governing content of owner's manuals; and
    (7) Hearings and appeals procedures.
    (c) Nothing in these delegations will prohibit the Administrator 
from enforcing any applicable requirements.
    (d) Nothing in these delegations will limit delegated entities from 
using their authority under section 116 of the Clean Air Act to adopt or 
enforce more restrictive requirements.



Sec. 60.5483  What parts of the General Provisions do not apply to me?

    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), (f) and (g); and
    (c) Section 60.15(d).

[[Page 1267]]



                              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 1269]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2015)

                      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 2--199)
        II  Office of Management and Budget Guidance (Parts 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)
         X  Department of the Treasury (Parts 1000--1099)
        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 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)774
     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)

[[Page 1270]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       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)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 1271]]

      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)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
    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)

[[Page 1272]]

    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIV  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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)

[[Page 1273]]

       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)
     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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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)

                    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)

[[Page 1274]]

                 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)
       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 1300--
                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)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)

[[Page 1275]]

     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)
        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--1199)
         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

[[Page 1276]]

        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)

                    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)

[[Page 1277]]

        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)

                       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  Millennium 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)

[[Page 1278]]

                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)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, 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) [Reserved]
        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) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)

[[Page 1279]]

        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)
        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--End)

           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)

[[Page 1280]]

        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)
      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 Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       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)

[[Page 1281]]

        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department 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)
       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 Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)

[[Page 1282]]

         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--
                599)[Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)[Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          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  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

[[Page 1283]]

                       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)
        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)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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)

[[Page 1284]]

       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--599)
         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 400--999)
        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)

[[Page 1285]]

        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         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)
       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)

[[Page 1286]]

         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)
        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 (Parts 5300--5399) 
                [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)

[[Page 1287]]

                       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)
         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 (Parts 1400--1499) 
                [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)

[[Page 1289]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2015)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 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
  Advocacy and Outreach, Office of                7, XXV
  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

[[Page 1290]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
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
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
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                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  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 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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I

[[Page 1291]]

Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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
  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          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       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
  Career, Technical, and Adult Education, Office  34, IV
       of
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                             2, IX; 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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 1292]]

  National Drug Control Policy, Office of         2, XXXVI; 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                       5, XXXVII; 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
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
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

[[Page 1293]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  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
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
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; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  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 Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 1294]]

Indian Affairs, Bureau of                         25, I, V
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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  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
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  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, XXVIII; 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                                  2, XXIX; 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

[[Page 1295]]

  Federal Acquisition Regulation                  48, 29
  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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIV
     Modernization Commission
Millennium 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
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 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              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
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 of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      5, IV; 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

[[Page 1296]]

National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  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
Ocean Energy Management, Bureau of                30, V
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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  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
Privacy and Civil Liberties Oversight Board       6, X
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
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

[[Page 1297]]

Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
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
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
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                               2, X;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                   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
[[Page 1298]]

United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
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
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 1299]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2010 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  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

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
    (a) amended....................................................49672
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

[[Page 1300]]

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
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

[[Page 1301]]

    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
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
60.2700 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

[[Page 1302]]

    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
    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

                                  2012

40 CFR
                                                                   77 FR
                                                                    Page
Chapter I
60 Actions on petitions............................................25087
60.4 (a) amended; (b)(L), (Z) and (II) revised.....................23398
60.17 (a)(94) added.................................................2460
    (a)(54) through (93) redesignated as (a)(55) through (89), 
(91), (92), (94), (95) and (96); new (a)(54), (90) and (93) added 
                                                                    9446
    (a)(82) revised; (a)(99) added.................................48445
    (a) introductory text, (7), (86), (91), (92), (h) introductory 
text and (4) revised; (a)(95) through (98) added...................49541

[[Page 1303]]

    (a)(84), (95) through (98), (100) through (108), (c)(2), 
(h)(5) through (15), (m)(2), (3), (p) and (q) added; (h)(4) 
revised............................................................56462
60.21 (a) and (f) revised; (k) removed..............................9447
60.24 (b)(1) revised; (h) removed...................................9447
60.40--60.46 (Subpart D) Revised....................................9447
60.40 (e) revised...................................................9447
60.41 Amended.......................................................9447
60.42 (a) introductory text revised; (d) and (e) added..............9447
60.45 (a), (b) introductory text, (1) through (5), (6) 
        introductory text, (7)(i)(A), (B), (C) and (ii)(B) 
        revised; (b)(8) added.......................................9447
60.40Da--60.52Da (Subpart Da) Heading revised.......................9448
60.40Da (b)(1) and (e) revised......................................9448
60.41Da Amended.....................................................9448
    Correctly amended..............................................23402
60.42Da Revised.....................................................9450
60.43Da Heading, (a)(1), (2), (f), (i) and (k) revised; (a)(3), 
        (4), (l) and (m) added; (c) removed.........................9450
60.44Da Revised.....................................................9451
60.45Da Revised.....................................................9453
60.47Da (c) revised; (f) through (i) added..........................9453
60.48Da (a) through (g), (i), (k)(1)(i), (2)(i), (iv), (m), (n), 
        (p)(5), (7) and (8) revised; (l) removed; (r) and (s) 
        added.......................................................9454
60.49Da (a)(1), (2), (3) introductory text, (ii), (iii)(B), (b) 
        introductory text, (2), (e), (k) introductory text, (3), 
        (l), (t), (u)(1)(iii) and (v)(4) revised; (a)(4) added; 
        (p), (q) and (r) removed....................................9456
    (a)(4)(i) correctly revised....................................23402
60.50Da (b) revised; (g), (h) and (i) removed.......................9458
60.51Da (a), (b)(5), (d) and (k) revised; (g) removed...............9458
60.52Da (a) removed.................................................9459
60.40b (c), (h) and (i) revised; (l) and (m) added..................9459
60.41b Amended......................................................9459
60.43b (f) revised..................................................9459
60.44b Heading, (b) introductory text, (c), (d), (e) and (l)(1) 
        revised.....................................................9459
60.46b (j)(14) revised..............................................9460
60.48b (a) introductory text, (1)(i), (ii), (iii), (2)(ii), (j) 
        introductory text, (5) and (6) revised; (j)(7) and (l) 
        added.......................................................9460
60.49b (r)(1) revised...............................................9461
60.40c (a), (e), (f) and (g) revised; (h) and (i) added.............9461
60.41c Amended......................................................9461
60.42c (c)(1), (3), (d), (e)(1)(ii), (h) introductory text and (3) 
        revised; (h)(4) added.......................................9462
60.43c (a) introductory text, (b) introductory text, (c), (e)(1), 
        (3) and (4) revised.........................................9462
60.45c (c)(14) and (d) revised......................................9463
60.47c (a) introductory text, (1)(i), (ii), (iii), (2)(ii) and (f) 
        revised; (g) removed........................................9463
60.70 (b) revised..................................................48445
60.70a--60.77a (Subpart Ga) Added..................................48445
60.100 (b) revised; (e) redesignated as (f); new (e) added.........56463
60.101 (d) revised.................................................56463
60.106 (c)(1) revised..............................................56463
60.100a (c) stay lifted; (a), (b), (c) introductory text, (1) and 
        (d) revised................................................56464
60.101a Partial stay lifted; introductory text revised; amended....56464
60.102a (g) stay lifted; (a), (f)(1)(ii), (g) and (i) revised; (h) 
        removed....................................................56466
60.103a Revised....................................................56467
60.104a (a), (d)(4)(ii), (iii), (v), (8), (f)(3), (h)(5)(iv), (i) 
        introductory text, (j) introductory text, (4) introductory 
        text and (iv) revised; (i)(6), (7) and (8) added...........56470
60.105a (b) introductory text, (1) introductory text, (ii)(A), 
        (2)(i), (ii) and (i)(5) revised............................56473
60.107a (d) and (e) stay lifted; (d), (e) and (f) redesignated as 
        (e), (f) and (i); heading, (a) introductory text, (1) 
        introductory text, (2) introductory text, (i), (iv), (3) 
        introductory text, (b) introductory text, (1)(i), (v), 
        (3)(iii), (c) introductory text, (1), (6), new (e), new 
        (f) and new (i) revised; (a)(2)(v), (vi), new (d), (g) and 
        (h) added..................................................56473

[[Page 1304]]

60.108a (b), (c)(1), (6) introductory text, (ii) through (vi) and 
        (d)(5) revised; (c)(6)(vii) through (xi) and (7) added.....56479
60.109a (b) introductory text revised; (b)(4) added................56480
60.100a--60.109a (Subpart Ja) Table 1 added........................56480
60.630--60.636 (Subpart KKK) Heading revised.......................49542
60.630 (b) revised.................................................49542
60.640--60.648 (Subpart LLL) Heading revised.......................49542
60.640 (d) revised.................................................49542
60.4101--60.4176 (Subpart HHHH) Removed.............................9463
60.5360--60.5430 (Subpart OOOO) Added..............................49542

                                  2013

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
60 State authority delegations..............................40635, 71510
    Technical correction...........................................54766
60.4 (d)(1) table, (2)(i), (v), (vii) table and (4) table revised 
                                                                   25187
    (a) amended....................................................37977
60.17 (r) added.....................................................6695
60.41Da Amended....................................................24082
60.42Da (a), (b)(2), (e)(1) revised................................24083
60.48Da (f), (o) introductory text, (1), (2) introductory text, 
        (3) introductory text, (i) and (4) introductory text 
        revised....................................................24083
60.49Da (a) introductory text, (4), (b) introductory text and (t) 
        revised; (a)(3)(iv) added..................................24083
60.50c--60.58c (Subpart Ec) Heading revised........................28066
60.50Da (f) revised................................................24084
60.56c (d)(2) amended..............................................28066
60.61 (e) and (f) added............................................10032
60.62 (a)(1)(i), (2) and (b)(2) removed; (b)(3) and (4) 
        redesignated as new (b)(2) and (3); (a)(1)(ii), (b)(1)(i), 
        (ii), new (3) and (d) revised; (a)(1)(iii) added...........10032
60.63 (b)(4) removed; (b)(1)(i), (ii), (2), (3), (c) through (f), 
        (g) introductory text, (2), (h) introductory text, (1), 
        (6), (7) introductory text, (8) introductory text, (9), 
        (i) introductory text, (1) introductory text and (i) 
        revised; (b)(1)(iii) added.................................10032
60.64 Revised......................................................10035
60.65 Revised......................................................10036
60.66 (b) introductory text revised................................10036
60.101a Amended....................................................76756
60.2000--60.2265 (Subpart CCCC) Regulation at 76 FR 15750 and 
        15763 through 15768 eff. date delay lifted..................9178
60.2000--60.2265 (Subpart CCCC) Table 1 amended.....................9190
    Table 2 amended.................................................9191
    Table 5 amended.................................................9191
    Table 6 amended.................................................9192
    Table 7 revised.................................................9193
    Table 8 revised.................................................9194
60.2005 Revised.....................................................9178
60.2015 (a)(1), (2) and (b) revised.................................9178
60.2020 (c), (e)(3), (f)(3) and (n) revised; (e)(4), (f)(4) and 
        (o) added...................................................9178
60.2030 (c)(10) revised.............................................9179
60.2045 (b) revised.................................................9179
60.2105 (b) revised.................................................9179
60.2110 (g) redesignated as (h); (a)(2), (e), (f) and new (h) 
        revised; (g) and (i) added..................................9179
60.2115 Heading and introductory text revised.......................9180
60.2120 Revised.....................................................9181
60.2125 (g)(2) and (3) redesignated as (g)(3) and (4); (g) 
        introductory text, new (g)(3), new (4) and (i) revised; 
        (g)(2) and (j) added........................................9181
60.2140 (c) revised.................................................9181
60.2145 (a)(6), (b), (c), (d), (f) through (j), (m)(2), (n)(4), 
        (s) introductory text, (1) introductory text, (2), (t) 
        introductory text, (1) introductory text and (u) revised; 
        (w) and (x) added...........................................9182

[[Page 1305]]

60.2165 (c), (g) through (k), (l)(1), (2), (m) introductory text, 
        (n) introductory text, (6), (7), (9), (10), (11), (12) 
        introductory text, (ii), (o)(1) and (2) revised; (n)(14) 
        removed; (q), (r) and (s) added.............................9184
60.2170 (b) revised.................................................9187
60.2175 Introductory text, (b)(5), (e), (p)(4), (v) and (w) 
        revised; (p)(8), (9) and (x) added..........................9187
60.2210 (m) introductory text and (n) revised.......................9187
60.2235 Revised.....................................................9187
60.2265 Amended.....................................................9188
60.2500--60.2875 (Subpart DDDD) Regulations at 76 FR 15769, 15784, 
        15785, 15786, 15788 and 15789 eff. date delay lifted........9178
60.2505 (a), (c) and (d) revised....................................9195
60.2525 (b) revised.................................................9195
60.2535 (a) introductory text, (b) introductory text and (1) 
        revised.....................................................9195
60.2545 (c) revised.................................................9195
60.2550 (a)(1) revised..............................................9195
60.2555 (c), (e)(3), (f)(3) and (n) revised; (e)(4), (f)(4) and 
        (o) added...................................................9196
60.2675 (a)(2), (e) and (f) revised; (g) redesignated as (h); new 
        (g) and (i) added...........................................9196
60.2680 Heading and (a) introductory text revised...................9197
60.2685 Revised.....................................................9197
60.2690 (g)(2) and (3) redesignated as (g)(3) and (4); (g) 
        introductory text, new (g)(3) and new (4) revised; (g)(2) 
        and (j) added...............................................9198
60.2710 (a)(6), (b), (c), (d), (f), (g) introductory text, (1), 
        (h), (i), (j) introductory text, (1), (3), (l) 
        introductory text, (m)(2), (n)(4), (o), (r)(1), (s) 
        introductory text, (1) introductory text, (2), (t) 
        introductory text, (1) introductory text, (2), (u)(1), 
        (2), (w) introductory text, (1), (2) and (3) revised; (x) 
        added.......................................................9198
60.2720 (a)(3)(ii) revised..........................................9201
60.2730 (c), (e) introductory text, (f) through (j), (l)(1), (2), 
        (m) introductory text, (n) introductory text, (6), (7), 
        (9), (10), (11), (12) introductory text, (o)(1), (2) and 
        (9) revised; (n)(14) removed; (r) and (s) added.............9201
60.2740 Introductory text, (b)(5), (e), (o)(2) through (7), (u) 
        and (v) revised; (o)(8), (9) and (w) added..................9204
60.2770 (m) introductory text and (n) revised; (p) added............9204
60.2795 Revised.....................................................9205
60.2875 Amended.....................................................9205
60.2500--60.2875 (Subpart DDDD) Table 1 footnote a and b revised 
                                                                    9207
    Table 2 amended.................................................9207
    Table 6 amended.................................................9208
    Table 7 revised.................................................9209
    Table 8 revised.................................................9210
    Table 9 revised.................................................9210
60.4207 (b) revised.................................................6695
60.4211 (f) revised.................................................6695
60.4214 (d) added...................................................6696
60.4219 Amended.....................................................6696
60.4231 (b), (c) and (d) revised....................................6696
60.4243 (d) revised.................................................6697
60.4245 (e) added...................................................6697
60.4248 Amended.....................................................6698
60.4230--60.4248 (Subpart JJJJ) Table 2 revised.....................6698
60.5365 (e) and (h)(4) revised.....................................58435
60.5380 (a)(2), (b) and (c) revised................................58436
60.5390 Introductory text, (a) and (c) revised.....................58436
60.5395 Revised....................................................58436
60.5410 Introductory text, (a)(3), (4), (b)(2) through (5), (7), 
        (8), (d) introductory text, (1), (2) and (4) revised; 
        (c)(2) and (e) removed; (h) and (i) added..................58437
60.5411 Heading, (a) introductory text, (1), (3)(i)(A), (b) 
        heading, (1) and (2)(iv) revised; (b)(3) and (c) added.....58438
60.5412 (a) introductory text, (1) introductory text, (b), (c) 
        introductory text and (1) revised; (d) added...............58438
60.5413 Introductory text, (a)(7) and (d) revised; (e) added.......58439

[[Page 1306]]

60.5415 (b) introductory text, (2), (e) introductory text and 
        (h)(1) introductory text revised; (e)(3) added; (e)(1) and 
        (2) removed................................................58442
60.5416 Introductory text, (a) introductory text, (1)(ii), 
        (2)(iii), (3)(ii), (b) introductory text, (9) introductory 
        text and (11) revised; (c) added...........................58443
60.5417 (a), (b) introductory text, (c) introductory text, 
        (d)(1)(viii)(A), (B), (d)(2), (f)(1)(iii) and (g)(6)(ii) 
        revised; (h) added.........................................58444
60.5420 (a) introductory text, (1), (b) introductory text, 
        (3)(iii), (4)(i), (5) introductory text, (i), (6) 
        introductory text, (i), (ii), (7), (c) introductory text, 
        (1)(v), (4)(ii) and (5) through (11) revised; (b)(6)(iv) 
        through (vii), (8), (12) and (13) added....................58445
60.5430 Amended....................................................58447
60.5360--60.5430 (Subpart OOOO) Tables 1 and 2 revised.............58447

                                  2014

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
60 Policy statement................................................48072
60.4 (c) revised...................................................60995
60.8 (g)(1) revised; (h) and (i) added.............................11241
60.13 (d)(1) revised...............................................11242
60.17 Revised......................................................11242
    (f) introductory text, (14), (o) introductory text and (1) 
revised............................................................18965
60.42Da (e)(2) revised.............................................68788
60.46b (f)(1)(ii), (h)(1) and (2) revised..........................11249
60.47b (b)(2) revised..............................................11249
60.51c Amended.....................................................11249
60.75a Equation 1 corrected........................................25681
60.84 (d) amended..................................................11250
60.154 (b)(5) introductory text revised............................11250
60.280 (b) revised.................................................18965
60.284 (c)(3) amended..............................................11250
60.280a--60.288a (Subpart BBa) Added...............................18966
60.335 (b)(1) amended..............................................11250
60.374 (b)(1), (2) and (c)(2) revised..............................11250
60.382 (a)(1) revised..............................................11250
60.386 (b)(2) revised..............................................11250
60.472 (a)(1)(ii) revised..........................................11250
60.660 (c)(4) revised..............................................11251
60.665 (h)(2) and (3) revised......................................11251
60.4200--60.4219 (Subpart IIII) Table 7 revised....................11251
60.4230--60.4248 (Subpart JJJJ) Table 2 revised....................11253
60.5365 (e) revised................................................79036
60.5375 (a) introductory text, (1), (2), (3), (b), (f)(1)(i), (ii) 
        and (2) revised............................................79037
60.5385 (a) introductory text revised; (a)(3) added................79037
60.5390 (c)(2) revised.............................................79038
60.5395 (d)(1)(i) and (f) revised..................................79038
60.5401 (d) and (e) revised........................................79038
60.5410 (c)(1) and (d)(2) revised; (c)(2) added....................79038
60.5411 Heading, introductory text, (a) heading, (1), (b)(3) and 
        (c) revised................................................79038
60.5412 (d) introductory text revised..............................79039
60.5413 (e) introductory text revised; (e)(7) added................79039
60.5415 (b)(2) introductory text and (c) introductory text 
        revised; (c)(4) added; (h) removed.........................79039
60.5416 Heading, introductory text, (a) introductory text and (b) 
        introductory text revised..................................79039
60.5420 (b)(1)(iv), (6)(ii), (vi), (vii), (c)(1)(iii)(A), (B), 
        (3)(ii), (7), (8) and (9) revised..........................79039
60.5430 Amended....................................................79040

                                  2015

   (Regulations published from January 1, 2015, through July 1, 2015)

40 CFR
                                                                   80 FR
                                                                    Page
Chapter I
60 State authority delegations.....................................10596
    Actions on petitions...........................................24218
60.4 (b)(GG) introductory text and (e)(1) revised...................5479
    (e)(3) revised..................................................8803
    (b)(T) and (e)(2) revised.......................................9617
60.17 (a) and (g) introductory text revised; (g)(202) through 
        (206), (s) and (t) added...................................13701

[[Page 1307]]

60.530--60.539b (Subpart AAA) Revised..............................13702
60.5472--60.5483 (Subpart QQQQ) Added..............................13715


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